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Resolution 1995-53 . . . '. ~ ~, RESOLUTION 95-5.:: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING A GENERAL MUNICIPAL ELECTION FOR MUNICIPAL OFFICERS, A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSES OF SUBMITTING TO THE ELECTORS OF SAID CITY A REFERENDUM QUESTION PERTAINING TO ORDINANCE NO. 95-08, AND FOR SUBMITTING TO THE ELECTORS OF THE CITY AMENDMENTS TO THE CITY CHARTER; REQUESTING CONSOLIDATION OF ELECTIONS WITH THE GENERAL ELECTION TO BE HELD NOVEMBER 7, 1995; 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, a referendum petition was submitted to the office of the city Clerk of the City of Gilroy on May 15, 1995, protesting the adoption by the City Council of Ordinance 95-08 providing for a storm and surface water management enterprise and utility, which ordinance was adopted on April 17, 1995; and, WHEREAS, said petition requests that Ordinance 95-08 be repealed by the Councilor submitted for determination by the voters; and, WHEREAS, said petition appears to be valid in form and the City Clerk has made her certificate and attached it to the petition showing that the petition has been signed by a sufficient number of qualified electors of the city of Gilroy as required by law and therefore said ordinance should be either repealed or submitted to the electorate; and, WHEREAS, the City Council on June 5, 1995, at its regularly scheduled and duly noticed meeting reconsidered the adoption of said Ordinance and after such reconsideration declined to repeal said Ordinance and ordered it to be placed before the electorate; and, \353\193134.1 51.062204706002 -1- RESOLUTION NO. 95-~ . . WHEREAS, the City 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 deleting sections 104, 1005, 1403, and 1501 of the Charter in their entirety and amending sections 202, 402, 403, 908 and 1106 of the Charter and adding section 909 as said proposals were adopted by the city Council at its duly noticed and regular meeting on June 26, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY as follows: section 1. A general municipal election is hereby called in the City of Gilroy to be held on Tuesday, November 7, 1995, for the purpose of electing a Mayor and three (3) city Councilmembers. section 2. A Special Municipal Election is hereby called in the City of Gilroy to be held on November 7, 1995, at which election there will be submitted to the qualified electors of said City a Referendum Question pertaining to Ordinance No. 95-08 as set forth in Section 4 below and measures proposing to amend the Charter of the city as set forth in Sections 4, 5, 6, 7, 8, and 9 below. section 3. The form of the Referendum Question to be voted upon at such election as the same is to appear on the ballot is as follows: REFERENDUM ORDINANCE. SHALL ORDINANCE NO. 95-08 ADDING CHAPTER 19C TO THE GILROY CITY CODE TO PROVIDE FOR A STORM YES AND SURFACE WATER MANAGEMENT ENTERPRISE AND UTILITY BE ADOPTED? NO [Spanish translation of same] Section 4. The form of Measure [ ], proposed by motion of the city Council to delete certain obsolete references in the Charter of the city of Gilroy, as the same is to appear on the ballot is as follows: CITY OF GILROY MEASURE MEASURE [ ]: CHARTER AMENDMENT. \353\193134.1 51-062204706002 -2- RESOLUTION NO. 95-5'5 . . Shall the City Charter be amended to delete obsolete procedural references to the first YES City Charter election held in in 1960, specifically deleting section 104 (City NO officers and employees in the year 1960), section 402 paragraphs 2 and 3 (initial terms of office for Mayor and Councilmembers), Section 1005 (status of existing employees in the year 1960), section 1403 (setting the date of the first election), and section 1501 (holding the first Charter election)? [spanish translation of same.] section 5. The form of Measure [ ], proposed by motion of the City Council to amend section 202 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]; CHARTER AMENDMENT. Shall Section 202 of the city Charter be amended to allow the City to expand its power YES to contract with public or private agencies for municipal services for any function of the NO city, not just for administrative functions? section 6. [spanish translation of same.] The form of Measure [ ], proposed by motion of the City Council to amend the first paragraph of section 402 of the city Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]: CHARTER AMENDMENT. Shall the first paragraph of section 402 of the City Charter be amended to change the date YES by which the City Council and Mayor's terms of office are measured from the first Tuesday NO following their election to the first regular meeting of the City Council following the certification of the election results by the duly authorized election official? Section 7. [spanish translation of same.] The form of Measure [ ], proposed by motion of the city Council to delete references to procedures or requirements in the Charter of the city of Gilroy that have been held unlawful by the courts of the State of California, as the same is to appear on the ballot is as follows: MEASURE [ ]: CHARTER AMENDMENT. Shall Section 403 of the City Charter be YES \353\193134.1 51-062204706002 -3- RESOLUTION NO. 95-53 . . . ' Shall section 403 of the city Charter be amended to delete references to a requirement YES that has been held to be unlawful by the courts of the State of california, NO specifically, the requirement that a person must be a resident of the City for at least two years before he or she can be nominated for or hold office on the City Council? Section 8. [spanish translation of same.] The form of Measure [ ], proposed by motion of the City council to amend Section 908 of the city Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]: CHARTER AMENDMENT. Shall section 908 of the City Charter be amended and section 909 be added to the City YES Charter to divide the Library and Culture Commission into two separate commissions, NO namely the Library commission and the Arts and CUlture commission, and to clarify and establish the duties of each commission? Section 9. [Spanish translation of same.] The form of Measure [ ], proposed by motion of the City Council to amend Section 1106 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]: CHARTER AMENDMENT. Shall Section ll06 of the City Charter be amended to limit the City Council to set any YES ad valorem property tax and tax rate only if not prohibited by State law? NO Section 10. [Spanish translation of same.] Pursuant to Section 9280 of the Elections Code, the City Clerk is directed to transmit as 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 Election be consolidated with the general municipal election and other district or statewide election to be held on November 7, 1995, and that upon consolidation, the election shall be held and conducted, election \353\193134.1 51-062204706002 -4- RESOLUTION NO. 95-5 3 " . " '. . . ", 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 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 Elections 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 eight-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 of the Elections Code. PASSED AND ADOPTED this 26th day of June, 1995, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: COUNCILMEMBERS: NONE. ABSENT: COUNCILMEMBERS: NONE. 3-. Gage, ,Ma ATTE T: rk \353\ 193134.1 51-062204706002 -5- RESOLUTION NO. 95-5 3 . ~ , , . - ~. ! .: I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 95-53 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said COuncil held on the 26th day of June , 19~, 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 6th day of Julv ,1995. (Seal)