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Resolution 1995-54 1505 and Government Code section 34458, the City Council is . . 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 -1- RESOLUTION NO. 95-54 . . ,- 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 \077\193239.1 51-062204706002 -2- RESOLUTION NO. 95-54, . . 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 \077\ 193239.1 51-062204706002 -3- RESOLUTION NO. 95-54 . . 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 \077\193239.1 51-062204706002 -4- RESOLUTION NO. 95-54 , , . . .- 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 \077\ 193239. 1 51.062204706002 -5- RESOLUTION NO. 95-5 {, . . ", 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 \077\ 193239. 1 51-062204706002 -6- RESOLUTION NO. 95-54 . . 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 , 19~, Official Seal of the City of Gilroy this 6th day of d~", "" 0< ';><0 Julv ,1995. (Seal)