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Charter Amendment - November 1997RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Rhonda Pellin, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 16403137 111111111111111111111111 Titles:1 / Pages: 13 Fees....' No Fees Taxes.. Copies. AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Filed at the request of City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Certification and Authentication For Copies of Text of Charter Proposals For November, 1997 RIDE # 010 8/05/2002 3:02 PM OF G /z,,p ZED Ma` Citp of iffiitrop 7351 Rosanna Street Gilroy, California 95020.6197 City (408) 846 -0400 Residence (408) 842 -0693 City Fax (408) 846 -0500 Home Fax (408) 847 -7931 EMail: springert @aol.com http: / /www.ci.gilroy.ca.us TOM SPRINGER MAYOR CERTIFICATION AND AUTHENTICATION for COPIES OF TEXT OF CHARTER PROPOSALS I, Thomas W. Springer, Mayor of the City of Gilroy, under penalty of perjury do hereby certify as follows: That on the 4th day of November, 1997, an election was held in the City of Gilroy submitting Charter amendments to the electors and ratified by them. Attached are copies of the revised text of the Charter amendments as ratified by the electors. AT T: Z7 Rhonda Pellin, City Clerk (Per Government Code Section 34460) 61A 'Wal /s/ Thomas W. Springer Date Mayor, City of Gilroy (Seal) Charter Changes - 1997 Section 608., Effective Date of Ordinances. No ordinance adopted by the Council shall become effective until thirty (30) days from and after the date of its adoption, except the following, which shall take effect upon adoption: (a) An ordinance calling or otherwise relating to an election, (b) . An improvement proceeding ordinance adopted under some law or procedural ordinance; (c) An ordinance declaring the amount of money necessary to be raised by taxation or fixing the rate of taxation if allowed under state law, (d) An emergency ordinance adopted in the matter provided for'in this Article; (e) An ordinance annexing areas to the City; or (f) An ordinance providing for a tax levy if allowed under state law or appropriation. for the usual current expenses of the City. (Amended by vote of the electors on November 4,1997) Section 703. Powers and Duties. The City Administrator shall be responsible to the Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Administrator shall have power and be required to: (a) Take a continuing interest in the effectiveness and economy of all administrative ut the City; asranroements throughout �� activities with. which two (2) or more departments are concerned Insure that adman are effectively coordinated; (c) Appoint, suspend; discipline and/or remove, subject to the provisions of this ;Charter, all officers and employees of the City except that department heads shall be appointed and removed with the consent of the Council. This sub- section shall not apply to those department heads and officers whose appointment is vested by this Charter in the Council. The City Administrator may authorize the head of any department or office to appoint or remove subordinates in such office; (d) Prepare the budget annually, submit it to the Council, and be responsible for its administration after its adoption; (e) Prepare and submit to the Council as of the end of the fiscal year a comprehensive report on the finances and administrative activities of the City for the preceding year, (fl Make and execute, on behalf of the City, contracts involving Council- appropriated expenditures, and bids or proposals approved by the Council; (g) _ Establish a purchasing. system to meet the needs of all City offices, "departments and agencies; (h) Keep the Council advised of the financial condition and future needs of the City and make such recommendations on any matter as may to him seem desirable; (i) See that the laws of the State pertaining to*the City, the provisions of this Charter and the ordinances of the City are enforced; 6) Submit periodic reports to the Council covering significant activities of City agencies, offices and departments under his supervision and significant changes in administrative rules and procedures promulgated by the City Administrator, - (k) Submit special reports in writing to the Council in answer to any :requests for information when requested of him by the Council; and (1) Perform such other duties consistent with this Charter as may be required of him by the Council: (Amended by vote of the electors on November 4, 1997.) Section 911. Parks and Recreation Commission: Established: Powers and Duties. There shall be a Parks and Recreation Commission consisting of seven (7) members, which shall have the power and duty to: (a) . Act in an advisory capacity to the Council and the City Administrator in all matters pertaining to recreation and parks; (b) Review the annual capital improvement budgets forparks and recreation facilities and makes recommendations to the City Administrator and the Council; (c) Formulate and recommend to the Council and the City Administrator policies for the acquisition, development and ;improvement of all parks and recreational facilities, . (d) Formulate and recommend to the Council and the City Administrator a recreation program for the City which will enhance the quality of life for all the residents of the City. Promote and stinwlate.iiterest in these programs, and- solicit to the fullest.vaent possible the cooperation of school authorities and other public and private agencies; (e) Administer the street tree program; (f) Advise the Council and City Administrator with respect to offers of donations of money, personal property, or real estate to be used for parks and recreation purposes; and (g) Perform such other duties relating to park and recreation matters as may be prescribed by the Council not inconsistent with the provisions of this Charter. (Amended by vote of the electors on November 4, 1.997.) Section 1004. Prohibitions. (a) No officer or employee of the City 'and no candidate for any City office shall, directly or indirectly, solicit any assessment, subscription or contribution, whether voluntary or involuntary,, ;for any municipal political purpose whatever from'anyone on an eligible list or holding any position in the Competitive Service. (b) Sec. 1. Declaration of Policy. It is hereby declared to be the policy of the City of Gilroy that strikes by firefighters and police officers pose an imminent threat to public health and safety and should be prohibited; and that a method should be adopted for peacefi ly and equitably resolving disputes that might otherwise lead to such strikes. Sec. 2. Prohibition Against Strikes. No City of Gilroy police officer or firefighter employee, employee union, association or organization shall strike or engage in such concerted economic activity against the City of Gilroy. Disputes unresolved by negotiations should be resolved by the arbitration procedure set forth herein. Any - such employee who fails to report for work without good and just cause during said negotiations or who aids, abets or encourages strikes, or other such economic activity against. the City of Gilroy during such time shall be subject to disciplinary action, including, but not limited to termination from the City of Gilroy employment, subject to the provisions of this Charter, the City's Personnel Rules and Regulations and lawful procedures. Sec. 3. Obligation to Negotiate in Good - Faith. The City, through its duly authorized representatives, shall negotiate in good faith with the recognized fire and police department employee organizations on all matters relating to the wages, hours, and -other terms and conditions of the City employment including the establishment of procedures for the resolution of grievances 'submitted by either employee organization over the interpretation or application of any negotiated agreement including a provision for binding arbitration of those ;grievances. Unless and; until agreement is reached through negotiations between the City and the recognized' employee organization for the fire or police department or a determination is made through the arbitration procedure hereinafter provided, no existing benefit or condition of employment for the members of the fire department or police department bargaining unit shall be eliminated or changed. Sec. 4. Impasse Resolution Procedure. All disputes or controversies pertaining to wages, hours, or terms and conditions of employment which remain unresolved after good faith negotiations between the City and either the fire or police department employee organization shall be submitted to a three - member Board of Arbitrators upon the declaration of an impasse by the City or by the recognized employee organization involved in the dispute. Representatives designated by the City and representatives of the recognized employee organization involved in the dispute, controversy or grievance shall each select one arbitrator to the Board of Arbitrators within three (3) days after either party has notified the other, in writing, that it desires to proceed to arbitration. The third member of the Arbitration Board shall be selected by. agreement between the two arbitrators selected by the City and the employee organization, and shall serve as the neutral arbitrator and Chairman of the Board. In the event that the arbitrators selected by the City and the employee organization cannot agree upon the selection of the third arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, then either party may request the State of California Conciliation Service to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days after receipt of such list on one of seven (7) to'act as the third arbitrator, they shall alternately strike names from the list of nominees until only one name remains and that person shall then become the third arbitrator and Chairman of the Arbitration Board. Any arbitration convened pursuant to this article shall be conducted in conformance with, subject to, . and governed by Title 9 of Part 3 of the California Code of Civil Procedure. At the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within such.time as the Board may establish, a last offer .of:settlement on each of the issues in dispute. The Arbitration. Board shall decide each issue b ma'on vote b selecting Y _ J .Ty Y acting whichever last offer of settlement on that issue it finds most nearly conforms' with those factors traditionally taken into consideration in the determination of wages, hours, and other terms ands, conditions of public and private employment including, but not limited to, -changes in the average consumer price index for.goods and services, the wages, hours, and other teams and conditions of __ employment of other employees performing similar services, and the financial condition of the City and its ability to meet the cost of the award. After reaching a decision, the Arbitration Board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Arbitration $oard shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During that ten day period, the parties may meet privately, attempt to resolve their differences, and by mutual agreement amend or modify any of the decisions of the Arbitration Board. At the conclusion of the ten day period, which may be extended by mutual agreement between the parties, the decision of the Arbitration Board together with any amendments or modifications agreed to by the parties shall be publicly disclosed and shall be binding upon the parties. The City and the recognized employee organization shall take whatever action is necessary to carry out and effectuate the award. The expense of any arbitration convened pursuant to this article, including the fee for the services of the Chairman of the Arbitration Board, shall be borne equally by the parties. All other expenses which the Peres may incur individually are to be borne by the party ' curnng such expenses. (Section (C) .:added by Charter Amendment November 8, 1988.) (Amended by vote of the electors on November 4, 1997.) Section 1101. Budget: Preparation and Submission. At least thirty (30) days prior to the beginning of each fiscal year, the City Administrator shall submit to the Council a proposed budget . for the ensuing fiscal year. The budget shall provide a complete financial plan for the budget year.. It 'shall include the following: (a) An itemized statement of estimated income and revenues from all sources for the year which the budget is to cover, (b) An itemized statement of the proposed expenditures recommended by the City Administrator for each office, department, or agency for the year which the budget is to cover, (c) Such other information. as the City Administrator may deem essential, or as the Council may require. (Amended by vote of the electors on November 4, 1997.) Section 1109. Contracts for Public Projects. Every project involving an expenditure of City monies of more than Thirty -Five Thousand Dollars ($35,000) for the construction or improvement i of public buildings, works, . drams, sewers, utilities, parks and streets; (exclusive of projects for maintenance and repair of streets) shall be let by contract to the lowest responsible bidder after notice , by publication in the official newspaper by one or more insertions, the first of which shall be at ' least seven days before the time for opening bids.` The Council may reject any and all bids, if deemed excessive or unsatisfactory and readvertise for bids, or provide for the work to be procured in the open market, but in no case of open market procurements shall the price paid be higher than the responsible low bid rejected. The Council, without, advertising for bids, following the adoption of a resolution declaring that the project can be performed more economically by day labor, or the materials or supplies furnished . at a lowerprice in the open market, may have the project done in the manner stated without further complying with the provisions of this section. (Note to Section 1109. California Government Code Section 37902 was repealed by Stats. 1982, c. 465, p. 1914, section 8; and was incorporated into California Public Contract Code Section 20162.) (Amended by vote of the electors on November 4, 1'997.) /C7 r, 7 ARGUMENT IN FAVOR OF MEASURE D Charter Amendment City Charter Sections 608(c) and (f) currently provide that new city ordinances relating to taxation take effect immediately upon adoption. Proposition 13 and subsequent voter approved_ State initiatives have limited the power of cities to adopt new property tax rates. This charter amendment will bring the City Charter into conformance with the State Constitution by allowing adoption of property tax rates and levies only when ,allowed by state law. To aid in the Charter "cleanup ", the City Council recommends you pass Measure-D. (Ak( City Council of Gilroy Mayor Protempore K. A. Mike Gilroy ARGUMENT IN FAVOR OF MEASURE L Charter Amendment City Charter Section 703 limits the City Administrator to authorize only contracts under $1500.00 (fifteen hundred dollars). This Charter Amendment would make the city more efficient by allowing the City Administrator to execute contracts on behalf of the City which have been formally budgeted or appropriated by the City Council. The current charter specifies that the City must have a centralized purchasing system. In today's high technology world, a centralized purchasing system is no longer the only efficient process available. This charter revision will give the city flexibility by allowing the City Administrator to establish a purchasing system that meets the needs of all City offices, departments and agencies. To make the city more productive, the City Council recommends you pass Measure E . City Council of Gilroy Mayor Protempore K. A. Mike Gilroy 7 -31 -97 ARGUMENT IN FAVOR OF MEASURE 4H Charter Amendment City Charter Section 1101(c) currently provides for the City Administrator to report "the probable amount required to be levied and raised by property taxation." State Constitution amendments approved by the voters in Proposition 13 do not allow cities to set their own property tax rates. Eliminating this section will make the City Charter consistent with the State Constitution. To aid in the Charter "cleanup ", the City Council recommends you pass Measure H City Council of Gilroy Mayor Protempore K.A. Mike Gilroy ARGUMENT IN FAVOR OF MEASURE City Charter Section 1109 requires that the City conduct a formal'bid process for public projects exceeding the dollar amount in Section 37902 of the State Government Code. Several years ago this State code section was repealed and replaced by Public Contract Code Section 20162. This State code section sets $5,000.00 (five thousand dollars) as the contracting limit. Other Public Contract Code sections allow cities to do informal bidding up to $75,000.00. The City Charter should be amended so the City bid process is not dictated by constantly changing State rules. Also, the formal bid process involves a great deal of red tape causing delays and significantly increasing the over=all cost of small projects. The City Council believes that projects of $35,000.00 (thirty -five thousand dollars) in Gilroy should go to formal bid. For public works projects under $35,000.00, the City will still require at least three competitive bids prior to selection of the lowest qualified bidder. The City Council recommends that you pass Measure City Council of Gilroy I Mayor Protempore K.A. Mike Gilroy 7 -31 -97 ARGUMENT IN FAVOR OF MEASURE Charter Amendment This proposed amendment to City Charter Section 911 will update and clarify the duties and responsibilities of the Parks and Recreation Commission. This amendment authorizes the Parks and Recreation Commission to: 1) review and make recommendations on the annual capital imp_ rovement budget for parks and recreation facilities, 2) formulate and recommend policies for the acquisition and improvement of all parks and recreation facilities, and 3) administer the street tree program. This amendment also makes the responsibilities of the Parks and Recreation Commission consistent with the other City commissio s. To aid in the Charter "cleanup ", the City Council recommends you pass Measure. City Council of Gilroy Mayor Protempore K. A. Mike Gilroy ARGUMENT IN FAVOR OF MEASUREG Charter Amendment Section 1 004 (a) of the City Charter currently prohibits City employees from participating in local elections. State law now requires that City employees 'have the same rights as other citizens to participate in elections. This amendment will bring the City Charter into compliance with State and common law. To aid in the Charter "cleanup ", the City Council recommends you pass Measure _L. City Council of Gilroy Mayor Protempore K. A. Mike Gilroy 7 -31 -97 CERTIFICATE OF ELECTION RESULTS STATE OF CALIFORNIA ) ) ss. County of Santa Clara ) I, Dwight M. Beattie, Registrar of Voters of the County of Santa Clara, State of California, hereby declare that an election was held in the Gilroy on November 4, 1997 for the purposes of electing a Mayor, a member to the City Council and submitting Measures D, E, F, G, H and I to the voters of said City; and to wit: D Shall Section 608(c) of the City Charter be amended to clarify that ordinances providing for any tax levy or fixing the rate or amount of taxation take effect upon adoption only if permitted by state law and to delete reference to ordinances levying the annual property tax ?. E Shall section 703(f),(g), and Q) of the City Charter be amended to clarify and establish the City Administrator's responsibilities and duties to make and execute contracts for expenditures and bids and proposals approved by the Council, to establish a purchasing system, and to submit periodic reports to the Council regarding City agencies? F Shall Section 911 of the City Charter be amended to rename the Recreation and Parks Commission as the Parks avid Recreation Commission and to clarify and establish the duties of such Commission? G Shall. Section .1,004(a) of the City Charter be deleted to conform to State law which requires that City employees in the Competitive Service of on the eligibility list be allowed to actively participate in municipal campaigns and to hold public office? H Shall Section 1101(c) of the City Charter be deleted to conform .to State law so that the City Administrator's budget for the ensuing fiscal year does not include the levy of property taxes? 1 Shall Section 1109 of the City Charter be amended to raise the requirement for formal bids on public works projects from $5,000 to $35,000 and to define public works projects? That the official canvass of the returns of said election was conducted by the office of the Registrar of Voters in accordance with the appropriate provisions of the Elections Code of the State of California; and That the Statement of Votes Cast, hereto attached, shows the whole number of votes cast for for each candidate for said elective offices, and for and against Measures D, E, F, G, H and I in the Gilroy, and in each of the respective precincts; and that the totals shown for each candidate are true and correct. W1,7VE- a° my hand and Official Seal this 14th day of November, 1997. � f ` t 1 ,• < Registrar of Voters 11/14/97 11:17 AM Statement of Votes 12 6f 22 November 4,1997 CONSOLIDATED ELECTIONS City of Gilroy Measures D - G C9 W Q 7 z n Gfl ' 28.2 O :261 72 W 263 63 w 301 48 194 62 W 80001115 AB$ 16 W 81 72 W `; 44 131 458 132 Q 490 101 Q 431 1L : Ah6eMe6 Tons 1356 7"14 .. 5.3 '. > > 490 101 431 fA N 1 rn 34s : , 2951 r 0 31 8'. _ 3282 ':_ .,.:691 M � � Y i i i c 0, 0 0 00 co Cr J z z z �> of 1 .141 ";21 2 : . 39b2 Pi1 3582 1321 .. 406 30., 25 . . s75 2T_ , 5 6 . 99 a3 PL (;9983; .:.:.. ' 11 :,, 40 ..... .. ` . 35 5 P3 Z56 58 2 . 3954 - PCT 3954 1123 306 272 194 66 213 55 212 3957 - PCT 3957 10 322 29.6 196 82 214 65 226 3958 - PCT 3958 6 141 22.7 67. 49 76 45 86 39fi¢ hCZ 37.1 _63 65 297.. 47 58G2 PCT X82 78 16 21.0 :' 43 - 108 ' ' 31 147::" 3984 PCC39i4 ,, 460.,' 68 315 '. 12 923:;.. 3970 - PCT'3970 1152 317 27.5 208 52 210 54 220 3974 - PCT 3974 1166 821 27.5 209 70 220 60 237 C9 W Q 7 z n 3981 - PCT 3981 Gfl ' 28.2 :261 72 ' 263 63 301 48 194 62 80001115 AB$ 16 199 81 72 59 3981 - PCT 3981 Gfl ' 28.2 2 43' ' 263 63 301 48 198 61 80001115 AB$ 16 199 78' 72 59 3981 - PCT 3981 1375 381 28.2 2 61 263 63 301 48 273 80001115 AB$ 16 13 72 59 `; 44 131 458 132 490 101 431 151 : Ah6eMe6 Tons 1356 7"14 .. 5.3 '. 191 13 490 101 431 151 Gland at8i8':: 1 4665::::: 34s : , 2951 31 8'. _ 3282 ':_ .,.:691 11/14/97 11:17 AM November 4. 1997 Statement of 'dotes CONSOLIDATED ELECTIONS Gilroy Measures H - I 13 of 22 - PCT 3957 1089 322 29.6 S 195 80 161 116 PCT 3958 622 141 W 41 67 47 61 57 : cc .2.2.7 370 0: '168 229 10 2y ' . 7 PCT 3962 ; ..::786 � 21.0..: 9 41 85 to Q - 1310 : 460 : ; 35.1 ';. Q M ;3D5 ; , g 288 ;.. 11 PCT 3970 1152 317 o C. 211 C 49 1 C as PCT 3974 m 321 27.5 cr Z. 215 Y Z 182 107 cc F� 1375 388 295 43 E'Ci 3951 141 23 8 ;.,,..:. 518 AB'3;18 1 g " :82 ':: 54 169. 109 . 472 100 388 19 orteQ•Tgtats .,, 13567 230. 1 5 3 :; . - . 472 1 ..388 :' 19 239 :. 208 1 4:4 PCT 3954 1123 306 27.2 8 .82 204 61 : 132 197 74 - PCT 3957 1089 322 29.6 195 80 161 116 PCT 3958 622 141 67 47 61 57 : .2.2.7 370 '168 229 10 2y ' . PCT 3962 ; ..::786 165 21.0..: 9 41 85 PGT 3J64n .. - 1310 : 460 : ; 35.1 ';. ;3D5 ; , 288 ;.. 11 PCT 3970 1152 317 27.5_ 211 49 173 as PCT 3974 1166 321 27.5 215 64 182 107 PCT 3981 1375 388 282 295 43 24t 96 518 AB'3;18 1358 : ;. 720 ':: 54 " 472 100 388 19 orteQ•Tgtats .,, 13567 : 720 5 3 :; . - . 472 1 ..388 :' 19 4:4 c 8 .82 2596 ' : 132 COUNTY` OF SANTA CLARA STATE OF CALIFORNIA NOTICE of E CTI N —CITY OFFICERS Proof of Pubiicatjbrrof I am a crbzen of the united States and a resident of the County aforesaid. I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the printer and principal clerk of the publisher bf The Dispatch, printed and published in the City of Gilroy, County - of Santa Clara, State of California, daily, for which said newspaper has been adjudged anewspaper - PUBI.tC:.N(JTIGIE of general circulation by the Superior Court of the _ County of Santa Clara, State of California, under the date of July 10, 1961, Action No. 80709, that NOTIOCfL.EG1'ItSN i t`r1teIOgg S' j the notice of which the annexed is a printed copy. gNpM1 has been published in each issue thereof and not tOBEY() in any supplement thereof on the following dates, M to wit. N ©Ttfiz tS ItflrUl1[tN that t _ e c�irtscilrCf led general, and s fsed�al " t .Mom t 0010. .41 IPe held ro'the f JULY 14 1997 -- Oiiroy otrdey. fVoverrt t 1q. r 4, i' 110ti h@ foal iinnng affhD eM fviayor tc ii eteote toe ,two - - -- - ntl three (s).ty Cdun• c c;I toT ta,elected tt four . Year _ �:. -- - l IS ALSt7 G r - IVL fV that foltoinnng mea�ur�s :are trii: be I certily,(or declare) under penalty of perjury , that vd;ec#,or� st tha COr otit tied rtu the foregoing is true and correct and that this nice al electrptit ahelti'`rnthe r y e 11 49h; rt,ork declaration was executed at Gilroy, California on ot,, rlroy on Tur*sday, November 4, ctudethe levy of propel 'taxed 1997a 'MO. 0 Charter Atflent MASI,RE Q Charter Amend rrient 'hers meure would airricrt JULY 14 . 19 g 7 meet Thr me ure would amend Cfty Che'ttel' 80 Won 110.9 to ors@; - - k" City Charter $eetrc�rtysdt3 p to ciari- t#ta r fre(nent-for fa ri (Date) fy that rsrdrnai� firprndinc for arty fiubllC prop, f tax lev` tlr'fi�anc °tie rat+ or arricUn# . tt $,b11tt: end to cJLiie3 of taxa ro I take effetl upon asap works projects. ;rop only it perrrrrtx�d by: state law PLEASE TAlflx NOTICt; that i nj', delete } refsµ %' to oriilV pr;rrsuant; td Electionaod 8e rharoes ie�vyrrtg # ar a1 f3rt�perty tuns 9288 Arid '9288 0WA tai 199 i §° t., a lest Bete td ale wrih ?the" iNF.A51Jp () Char9er Amend- t ity Clerk drtectaic�um nts orrman , meet Thrs measure would amend ©f theme measures artd lU�uet1 C Charter Section r9 f pY s,() (g) and 7i rs the cla #e to file retittaj (Signal A) (j) to clanfy and estahlr5_ th rrtett for pt�ng and, distnbu,: A►drimrrnstPetie r p eit rlrtres and troa to tike voted Orapres ptlut!' torlbke a11d execute `cAti rrlure ark aVitabtrr_irt `trace ft t`- e"iOndrt0r#§ :arid bids Clerk`seffice land proposals approved by tMe The polls will ba open betHter: iavllan Newspapers 1$ys CoFtt01, 0M04trrtgthe 1,500 to thehours of. 7arn and'8pm� , 'he Dispatch stnotlon, to,establi 6 a pyrt asmg / NON[]gp6ttrlfV ,. '.O. Box 22.365 t en►, 04 to submit penocirC re lrttenrr�CityGlerl p rto tha 400 Montere y Rd. 3ounirr! regarding City 7-8=� agenGes,'' Mt�ASURE „ . , ilroy, CA 95020 q: �harte� Amend- G337J ment. This measure would amend PUBLISH: July-14,1997 %'; Ask RESOLUTION'NO. 97 -40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING A GENERAL MUNICIPAL ELECTION FOR MUNICIPAL OFFICERS, A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY AMENDMENTS TO THE CITY CHARTER, A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF FILLING THE VACANCY IN THE MAYOR'S OFFICE; REQUESTING CONSOLIDATION OF ELECTIONS WITH THE GENERAL ELECTION TO BE HELD NOVEMBER 4, 1997; AND REQUESTING SERVICES OF THE REGISTRAR OF VOTERS. WHEREAS, Section 1400 of the Charter of the City of Gilroy provides that a general municipal election shall be held on the regular election date established by the Election Code of the State of California in each odd - numbered year for the election of officers and for such other purposes as the Council may prescribe; and WHEREAS, pursuant to the Charter of the City of Gilroy Section 1505 and Government Code section 34458, the City Council is authorized to propose amendments to the Charter and submit said amendments to the electors of this city for ratification; and WHEREAS, the Council desires to submit to the qualified electors of the City of Gilroy certain measures which propose to amend the Charter of the City by amending Sections 608, 703, 911, 1004, 1101 and 1109, as such proposals were adopted by the City Council at its duly noticed and regular meeting on June 23, 1997; and WHEREAS, the office of Mayor is currently vacant for the term which expires in 1999; and - WHEREAS, Section 503 of the Charter of the City of Gilroy provides that such a vacancy in the office of Mayor shall be filled by election at the next municipal election, which is to be set for November 4, 1997; 1RPRW235.02 -1- 73-0624R706002 RESOLUTION NO. 97 -40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: Section 1. A general municipal election is hereby called in the City of Gilroy to be held on Tuesday, November 4, 1997; for the purpose of electing three (3) City Councilmembers. Section 2. A Special Municipal Election is hereby called in the City of Gilroy to be held on held on Tuesday, November 4, 1997, at which election there will be submitted to the qualified electors of said City measures proposing to amend the Charter of the City as set forth in Sections 4, 5, 61 7, 8 and 9 below. Section 3. A Special Municipal Election is hereby called in the City of Gilroy to be held on held on Tuesday, November 4, 1997, at which election the qualified electors of said City shall elect a Mayor to serve for the present unexpired term. Section 4. The form of Measure [ ], proposed by motion of the City Council to amend Section 608 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]; Charter Amendment Shall Section 608(c) of the City Charter be amended ,to YES clarify that ordinances providing for any tax levy or fixing the rate or amount of taxation take effect upon adoption only if permitted by state law and to delete NO reference to ordinances levying the annual property tax? [Spanish translation of same.] Section S. The form of Measure ( ], proposed by motion of the City Council to amend Section 703 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]; Charter Amendment Shall Section 7O3(f),(g) and 0) of the City Charter be YES amended to clarify and establish the City Administrator's responsibilities and duties to make and execute contracts for expenditures and bids and proposals approved by the Council, to establish a NO purchasing system, and to submit periodic reports to the Council regarding City agencies? 1RPJN4235.02 -2- 73-0624N706002 RESOLUTION NO. 97 -40 1RPJ1344235,02 -3- 73-062404706002 RESOLUTION NO. 97 -40 [Spanish translation of same.] Section 6. The form of Measure [ ], proposed by motion of the City Council to amend Section 911 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]; Charter Amendment Shall Section 911 of the City Charter be amended to YES rename the Recreation and Parks Commission as the Parks and Recreation Commission and to clarify and NO establish the duties of such Commission? [Spanish translation of same.] Section 7. The form of Measure [ ], proposed by motion of the City Council to amend Section 1004 of the City Charter, as the same is to appear on the ballot is as follows:. MEASURE [ ]; Charter Amendment Shall Section 1004(a) of the City Charter be deleted to YES conform to State law which requires that City employees in the Competitive Service or on the eligibility list be NO allowed to actively participate in municipal campaigns and to hold public office? [Spanish translation of same.] Section 8. The form of Measure [ ], proposed by motion of the City Council to amend Section 1101 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]; Charter Amendment Shall Section 1101(c) of the City Charter be deleted to YES conform to State law so that the City Administrator's budget for the ensuing fiscal year does not include the NO levy of property taxes? [Spanish translation of same.] Section 9. The form of Measure [ ], proposed by motion of the City Council to amend Section 1109 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]; Charter Amendment Shall Section 1109 of the City Charter be amended to YES raise the requirement for formal bids on public works projects from $5,000 to $35,000 and to define public NO works projects? [Spanish translation of same.] 1RPJ1344235,02 -3- 73-062404706002 RESOLUTION NO. 97 -40 Section 10. Pursuant to Section 9280 of the Election Code, the City Clerk is directed to transmit a copy of this Resolution to the City Attorney for preparation of an impartial analysis of the ballot measures showing the effect of the measures on existing law and the operation of the measures. Section 11. The City Council hereby -requests, consents to and orders that the Special Municipal Elections be consolidated with the general municipal election and other district or statewide election to be held on Tuesday November 4, 1997, and that upon consolidation, the election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, election supplies provided, polls opened and closed, ballots opened and returned, returns canvassed and certified to the Council, and all other proceedings in connection with the election to be regulated and done by the Registrar of Voters of the County of Santa Clara. Said election . shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Section 12. Pursuant to Section 10403 of the Election Code, the City Clerk is hereby directed to file with the Board of Supervisors and the Registrar- of Voters of the County of Santa Clara certified copies of this Resolution at least eighty - eight (88) days prior to the herein referenced general municipal election. Section 13. The City Clerk is hereby directed to publish the Notice of said Election as required by Section 12109 NM W235.02 -4- 73-062404706002 RESOLUTION NO. 97 -40 of the Election Code. PASSED. AND ADOPTED following vote:. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: this 23rd day of June, .1997 by the GILROY, MORALES, ROGERS, ROWLISON and SPRINGER NONE VALDEZ APPROVED: Thomas W. Springe Mayor Pro Tem M10, Rhon Pe11in, Interim City Clerk APA344235.02 - 5 - 73-062404706002 RESOLUTION NO. 97 -40 A Ask I, RHONDA PELLIN, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 97-40 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 23rd day of June, 1997, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 25th day of June, 1997. Interim City Clerk of the City of Gilroy (Seal)