Resolution 1995-54
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the City Council is
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RESOLUTION 95-5 4
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PROPOSING
AMENDMENTS TO THE CITY CHARTER AND DIRECTING SAID AMENDMENTS
TO BE SUBMITTED TO THE ELECTORS OF THE CITY
WHEREAS, pursuant to the Charter of the City of Gilroy Section
authorized to propose amendments to the Charter and submit said
amendments to the electors of this City for ratification; and
WHEREAS, the City Council desires to propose amendments to the
Charter to delete obsolete procedural references, provisions held
unlawful by the courts and to create separate commissions for the
Library and for Arts and Culture; and
WHEREAS, the existing sections proposed for amendment are
Sections 104, 1005, 1403, and 1501 to be deleted in their entirety;
Sections 202, 402, 403, 908 and 1106 to be revised; and Section 909
to be added to the City Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GILROY as follows:
Section I.
Pursuant to law, this City Council proposes the
herein described amendments to the Charter of the city of Gilroy
and directs that the herein described amendments shall be duly
submitted to the electors of said city for ratification at a
Special Municipal Election, said election to be consolidated with
the general municipal election to be held on November 7, 1995..
Section II. To delete obsolete procedural references to the
first charter election held in the year 1960 in this City, the
Charter is proposed to be amended as follows:
(a) By deleting Section 104 of the city Charter in its
entirety. Section 104 currently reads as follows:
seotion 104. Continuanoe of Present Offioers and
Employees. The present officers and employees shall
continue without interruption to perform the duties of
their respective offices and employments upon the same
conditions and for the same compensation provided by
existing ordinances, resolutions rules or laws, until the
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RESOLUTION NO. 95-54
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election or appointment and qualification of their
successors under this Charter and subject to such removal
and control as provided in this Charter. Persons holding
the elective offices of City clerk, City Marshal and City
Treasurer under the preceding Charter at the time of the
approval of this Charter by the Legislature shall
continue to hold office and discharge their duties for
the balance of the term for which they were theretofore
elected and then serving.
(b) By amending the first paragraph of section 402 and
deleting the remaining paragraphs so that section 402 of the
Charter shall read in its entirety as follows:
section 402. Term of Office. Except as otherwise provided
in this Section, the Mayor and the members of the city Council
shall hold office for a term of four (4) years from and after
the first regular meeting following the certification of the
city Council election by the duly authorized election official
and continuing until their respective successors qualify. If,
at any municipal election for members of the Council, there
shall be no choice between candidates by reasons of two (2)
or more candidates having received an equal number of votes,
then the council shall proceed to determine the election of
such candidates by lot.
Section 402 currently reads as follows:
Section 402. Term of Office. Except as otherwise
provided in this Section, the Mayor and Councilmen shall
hold office for a term of four (4) years from and after
the first Tuesday following their election and continuing
until their respective successors qualify. If, at any
municipal election for members of the Council, there
shall be no choice between candidates by reasons of two
(2) or more candidates having received an equal number
of votes, then the Council shall proceed to determine the
election of such candidates by lot.
The Mayor and all Councilmen shall be elected at the
first election held under this Charter as provided in
section 1403. The Mayor and the three (3) Councilmen
elected receiving the highest number of votes shall hold
office until the second Tuesday of April, 1963, and the
three Councilmen elected receiving the highest number of
votes shall hold office until the second Tuesday of
April, 1961. Such officers shall assume office on the
first Tuesday following their election. Their successors
shall be elected for a full term of four (4) years.
The terms of the members of the legislature body in
office at the time this Charter is adopted shall expire
upon the election and qualification of their successors
under this Charter.
(c) By deleting Section 1005 of the city Charter in its
entirety. section 1005 currently reads as follows:
Section 1005. Status of Existing Employees. Any person
who, on the effective date of this Charter, holds a
position or employment included in the competitive
service as defined by this Charter, and who has been
performing the duties of a certain classification for a
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RESOLUTION NO. 95-54,
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period of at least six
thereto, shall acquire
classification.
All other persons who, on the effective date of this
Charter, hold a position or employment included in the
Competitive service as defined by this Charter shall have a
probationary status in the personnel system.
(6) months immediately prior
competitive status in said
(d) By deleting section 1403 of the City Charter in its
entirety. section 1403 currently reads as follows:
section 1403. First Election under Charter. A special
Municipal Election shall be held for the election of the
first Mayor and the first members of the Council under
this Charter on the tenth Tuesday following the filing
with the Secretary of State of the concurrent resolution
of the Legislature approving this Charter.
(e) By deleting section 1501 of the City Charter in its
entirety. Section 1501 currently reads as follows:
section 1501. First Election under Charter. The
legislative body of the city of Gilroy in office at the
time of this Charter is approved by the Legislature of
the State of California shall provide for the holding of
the first election of officers under this Charter as
required by section 1403 of this Charter and shall
canvass the votes and declare the results.
section III.
To delete references to procedures or
requirements deemed unlawful by the courts, the Charter is proposed
to be amended as follows:
(a) By amending section 403 so it will read in its entirety
as follows:
section 403. Eligibility. No person shall be eligible to be
nominated for or to hold office as a member of the Council
unless he or she is a resident and qualified elector of the
City of Gilroy. The Council shall be the judge of the election
and qualifications of its members as defined in this section.
section 403 currently reads as follows:
section 403. Eligibility. No person shall be eligible
to be nominated for or to hold office as a member of the
Council unless he is, and shall have been for at least
two (2) years next preceding his election and
appointment, a resident and qualified elector of the City
of Gilroy or of territory annexed thereto. The Council
shall be the judge of the election and qualifications of
its members as defined in this section.
(b) By amending section 1106 that it will read in its
entirety as follows:
section 1106. Tax Levy. Except as prohibited by state law,
the Council shall determine the amount of money required to
be raised by ad valorem municipal property taxation and shall
fix the ad valorem municipal tax rate each year and certify
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the same to the County authorities if the county system of ad
valorem assessment and tax collection is used by the city.
section 1106 currently reads as follows:
Section 1106. Tax Levy. The city Council shall determine the
amount of money required to be raised by ad valorem municipal
property taxation and shall fix the ad valorem municipal tax
rate each year on or before August 31 of each year and certify
the same to the County authorities if the County system of ad
valorem assessment and tax collection is used by the City.
Section IV. To bifurcate the Library and Culture commission
into a Library Commission and an Arts and Culture Commission, the
Charter is proposed to be amended as follows:
(a) By amending section 908 so it will read in its entirety
as follows:
seotion 908. Library Commission: May Be Established: Powers
and Duties. There may be a Library Commission consisting of
five (5) members appointed by the Council. If so appointed,
the Commission 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 public
libraries located in or serving Gilroy;
(b) Provide a public forum for community concerns
regarding library issues;
(c) Act in an advisory capacity to the Santa Clara
County Library System regarding the Gilroy branch, and to any
other public library system serving Gilroy, in regard to
service levels, library hours, building uses, and long-range
planning;
(d) Be a liaison between the city and any public
library system serving Gilroy;
(e) Encourage and coordinate a fund-raising
committee of Gilroy residents duly appointed by the Council
to develop and implement fund-raising activities to subsidize
public libraries in and for Gilroy;
(f) Recommend to the city Administrator and
Council the uses of any monies, donations of personal property
or real estate designated for the Library; and
(g) Perform such other duties pertaining to any
City of Gilroy Library or any Gilroy branch of the Santa Clara
County Library System or other public library system serving
Gilroy as may be prescribed by the Council not inconsistent
with the provisions of this Charter.
Section 908 currently reads as follows:
Section 908. Library and Culture commission:
Established: Powers and Duties. There shall be a Library
and Culture 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 art,
literature, music, and other cultural activities;
(b) Formulate and recommend to the Council and the
City Administrator a program relating to art, literature,
music or other cultural activities for the inhabitants
of the City which will contribute to the utilization and
enjoyment of their leisure time and which will promote
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the public appreciation, education and development of
cultural activities;
(c) Promote the preservation of historic sites,
landmarks, documents, paintings and other objects
associated with the history of the City of Gilroy and
develop educational interest in all such historical
matters;
(d) Administer the operation of any museum that may
be ~stablished by the Council;
(e) Have charge of the administration of city
libraries and make and enforce such by-laws, rules and
regulations as may be necessary therefor;
(f) Designate its own secretary;
(g) Prepare the annual budget for library and
cultural purposes and make recommendations with respect
thereto to the Council and the city Administrator;
(h) Purchase and acquire personal property, supplies and
equipment, subject, however, to the limitations of the budget
for such purposes. The expenditure and disbursement of funds
for such purchases shall be made and approved as elsewhere
provided in this Charter;
(i) Appoint, suspend or remove the Librarian, who
shall be the department head;
(j) Accept money, personal property or real estate
donated to the City for library and cultural purposes,
subject to the approval of the Council;
(k) Contract with schools, county or other governmental
agencies to render or receive library services or facilities,
subject to the approval of the Council; and
(1) Perform such other duties relating to library
and cultural matters as may be prescribed by the Council
not inconsistent with the provisions of this Charter.
(b) By amending the Charter to add section 909 which will read
in its entirety as follows:
section 909. Arts and culture Commission: Established:
Powers and Duties. There shall be an Arts and Culture
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 art,
literature, music, and other cultural activities;
(b) Formulate and recommend to the Council and the
City Administrator a program relating to art, literature,
music, and other cultural activities for the inhabitants of
the City of Gilroy which will contribute to the utilization
and enjoyment of their leisure time and which will promote the
public appreciation, education, and development of cultural
activities in the community;
(c) Encourage and coordinate a fund-raising
committee of Gilroy residents duly appointed by the Council
of Gilroy to develop and implement fund-raising activities to
support the arts and culture in and for the city of Gilroy;
and
(d) Perform such other duties relating to the arts
and cultural matters as may be prescribed by the Council not
inconsistent with the provisions of this Charter.
section V. To authorize the City to contract with public or
private agencies for the performance of any City function, not just
administrative functions, the Charter is proposed to be amended as
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RESOLUTION NO. 95-5 {,
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follows:
(a)
amending
section
202
to
delete
the
word
By
"administrative" so that section 202 will read in its entirety as
follows:
seotion 202. Contracts for Municipal Services. The City
shall have the power to enter into a contract with any other
City or County within the state, with a state department, or
with any other public or private agency or firm for the
performance of any function of the City.
section 202 currently reads as follows:
seotion 202. Contracts for Municipal Services. The City
shall have the power to enter into a contract with any other
City or County within the State, with a state department, or
with any other public or private agency or firm for the
performance of any administrative function of the City.
PASSED AND ADOPTED this 26th day of June, 1995, by the
following vote:
AYES:
COUNCILMEMBERS: KLOECKER, MORALES, ROGERS, ROWLISON,
VALDEZ, GAGE
NOES:
COUNCILMEMBERS: NONE.
ABSENT: COUNCILMEMBERS: NONE.
k
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RESOLUTION NO. 95-54
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 95-54 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
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
June
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Official Seal of the City of Gilroy this 6th day of
d~", "" 0< ';><0
Julv
,1995.
(Seal)