Resolution 1996-43
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RESOLUTION NO. 96-43
A 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 Section 1505 of the Charter of the City
of Gilroy and California Government Code section 34458, the City
Council is authorized to propose amendments to the Charter and
submi t said amendments to the electors of the Ci ty for
ratification; and
WHEREAS, the City Council desires to propose amendments to the
Charter to delete obsolete procedural references and update the
City Charter; and
WHEREAS, the existing sections proposed for amendment are
Section 903 to be deleted in its entirety and Sections 611, 904,
906 and 907 to be revised;
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 election to be held on November 5, 1996.
Section II. To delete obsolete procedural references to the
charter election held in the year 1960 in this City, the Charter is
proposed to be amended as follows:
(a) By deleting Section 903 of the City Charter in its
entirety. Section 903 currently reads as follows:
Section 903. Existing Boards. The respective
terms of office of all members of the boards and
commissions in existence at the time this Charter
takes effect shall terminate upon the effective
date of this Charter.
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RESOLUTION 96-43
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Section III,
To amend City procedures or requirements to more accurately
reflect current practices and comply with the lawful requirements
of this State, the Charter is proposed to be amended as follows:
(a) By amending Section 611 so that it will read in its
entirety as follows:
Section 611. Violation and Penalty. The Council
may make the violation of its ordinances a
misdemeanor which may be prosecuted in the name of
the People of the State of California, and may
prescribe punishment for such violation by a fine
or by imprisonment, or by both such fine and
imprisonment. Such violations may also be
redressed by civil action,
Section 6ll currently reads as follows:
Section 611. Violation and Penalty. The Council
may make the violation of its ordinances am
misdemeanor which may be prosecuted in the name of
the People of the State of California, and may
prescribe punishment for such violation by a fine
not to exceed Five Hundred and no/100ths ($500.00)
Dollars or by imprisonment not to exceed six (6)
months, or by both such fine and imprisonment.
Such violations may also be redressed by civil
action.
(b) By amending Section 904 so that it will read in its
entirety as follows:
Section 904 . Meetings: Chairmen, As soon as
practicable following their original appointment,
and following the first day of January of each year
thereafter, each of such boards and commissions
shall organize by election one of its members to
serve as presiding officer at the pleasure of such
board or commission. Each board or commission shall
hold regular meetings at least once each month and
such special meetings as such board or commission
may require. Except as is otherwise provided by
the laws of this State, all proceedings shall be
open to the public. Whenever a special meeting of
any board or commission shall be called, written
notice of such meeting shall be delivered
personally or by mail by the City Clerk or
Secretary of the board or commission to each member
of the board or commission and to each local
newspaper of general circulation, radio or
television station requesting notice in writing.
Such notice must be delivered at least twenty-four
(24) hours before the time of such meeting as
specified in the notice, The order shall specify
the time and place of the special meeting and the
business to be transacted. No other business shall
be considered at such meetings.
Unless otherwise required by the laws of this
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RESOLUTION 96-43
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state, recommendations by any board or commission
may be made by majority vote. The affirmative vote
of a majority of the entire membership of such
board or commission shall be necessary for it to
take final action.
Unless other provided, the City Administrator
shall provide a secretary for the recording of the
minutes of each of the such boards and commissions
who shall keep a record of its proceedings and
transactions. Each board or commission may
prescribe its own procedural rules and regulations
which shall be consistent with this Charter and
copies of which shall be kept on file in the office
of the City Clerk or with the Secretary of the
board or commission, where they shall be available
for public inspection. Each board or commission
shall have the same power as the council to compel
the attendance of witnesses, to examine them under
oath, to compel the production of evidence before
it and to administer oaths and affirmations in any
investigation or proceeding pending before it.
Section 904 currently reads as follows:
Section 904. Meetings: Chairmen. As soon as
practicable following their original appointment,
and following the first day of January of each year
thereafter, each of such boards and commissions
shall organize by election one of its members to
serve as presiding officer at the pleasure of such
board or commission. Each board or commission shall
hold regular meetings at least once each month and
such special meetings as such board or commission
may require, Except as is otherwise provided by
the laws of this State, all proceedings shall be
open to the public. Whenever a special meeting of
any board or commission shall be called, written
notice of such meeting shall be delivered
personally or by mail by the City Clerk to each
member of the board or commission and to each local
newspaper of general circulation, radio or
television station requesting notice in writing.
Such notice must be delivered at least twenty-four
(24) hours before the time of such meeting as
specified in the notice. The order shall specify
the time and place of the special meeting and the
business to be transacted. No other business shall
be considered at such meetings.
The affirmative or negative vote of a majority of
the entire membership of such board or commission
shall be necessary for it to take action.
Unless other provided, the city Administrator
shall provide a secretary for the recording of the
minutes of each of the such boards and commissions
who shall keep a record of its proceedings and
transactions. Each board or commission may
prescribe its own procedural rules and regulations
which shall be consistent with this Charter and
copies of which shall be kept on file in the office
of the City Clerk or commission, where they shall
be available for public inspection. Each board or
commission shall have the same power as the council
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RESOLUTION 96-43
(e) Recommend to the Council
implementation such plans as
promote the most beneficial and
development of the City; and
(f) Perform such other duties as may be prescribed
by the Council not inconsistent with the provisions
of the Charter.
for adoption
are designed
orderly growth
and
to
and
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to compel the attendance of witnesses, to examine
them under oath, to compel the production of
evidence before it and to administer oaths and
affirmations in any investigation or proceeding
pending before it.
(c) By amending Section 906 so that it will read in its
entirety as follows:
Section 906. Planning Commission: Established:
Powers and Duties. There shall be a Planning
Commission consisting of seven (7) members. The
City Administrator, the City Attorney and such
other officers as the Council shall designate, or
their representatives, shall meet with the Planning
Commission and may participate in the discussions
but shall not have a vote. The Planning Commission
shall have the power and duty to:
(a) Recommend to the Council after a public hearing
thereon the adoption, amendment or repeal of a
master plan or any part thereof, or the adoption,
amendment or repeal of a precise plan for the
physical development of the City, as such terms are
defined by Chapter 3, Title 7, of the Government
code of the State of California;
(b) Annually review and
Administrator and Council
Improvement Budget.
recommend
the five
to the City
year Capital
(c) Exercise such functions with respect to land
use, including but not limited to planning, zoning,
subdivisions, public building, recreation, parks,
streets and housing, as may be prescribed by
ordinance, not inconsistent with the provisions of
this Charter;
(d) Recommend to the Council
implementation plans for
rehabilitation, redevelopment or
standard areas within the City;
for adoption and
the clearance,
renewal of sub-
Section 906 currently reads as follows:
Section 906. Planning Commission: Established:
Powers and Duties. There shall be a Planning
Commission consisting of seven (7) members. The
City Administrator, the City Attorney and such
other officers as the Council shall designate, or
their representatives, shall meet with the Planning
Commission and may participate in the discussions
but shall not have a vote. The Planning Commission
shall have the power and duty to:
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RESOLUTION 96-43
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(a) Recommend to the Council after a public hearing
thereon the adoption, amendment or repeal of a
master plan or any part thereof, or the adoption,
amendment or repeal of a precise plan for the
physical development of the City, as such terms are
defined by Chapter 3, Title 7, of the Government
code of the state of California;
(b) List and classify annually all proposed public
improvements recommended by officers, departments,
boards or commissions of the City and, on or before
March first of each year, have prepared and submit
to the Council and City Administrator a coordinated
program of proposed public improvements for at
least the ensuing five (5) year period; according
to a logical order of priority, together with its
recommendations in connection therewith;
(c) Exercise such functions with respect to land
use, including but not limited to planning, zoning,
subdivisions, public building, recreation and
parks, streets and housing, as may be prescribed by
ordinance, not inconsistent with the provisions of
this Charter;
(d) Recommend to the Council
implementation plans for
rehabilitation, redevelopment or
standard areas within the City;
for adoption and
the clearance,
renewal of sub-
(e) Recommend to the Council
implementation such plans as
promote the most beneficial and
development of the City; and
for adoption
are designed
orderly growth
and
to
and
(f) Perform such other
prescribed by the Council not
provisions of this Charter.
duties as may be
inconsistent with the
(d) By amending Section 907 so that it will read in its
entirety as follows:
Section 907. Personnel Commission: Established:
Powers and Duties. There shall be a Personnel
Commission consisting of five (5) members none of
whom, while a member of the Commission, or for a
period of one (1) year after he or she has ceased
for any reason to r.- a member, shall be eligible
for appointment ~ any salaried office or
employment in the service of the City.
The Personnel Commission shall have the power and
duty to:
(a) Act in an advisory capacity to the City
Council, City Administrator and/or the Human
Resources Director in the preparation,
installation, revision and maintenance of a full-
time employee position classification plan and the
Human Resources Rules and Regulations.
(b) Hear appeals of any officer or employee having
regular full-time status in any office, position or
employment in the Competitive Service pertaining to
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RESOLUTION 96-43
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suspension, demotion, dismissal or disciplinary
action as provided in the Human Resources Rules and
Regulations or Memorandums of Understanding.
(c) Perform such other duties relating to personnel
matters as may be prescribed by the Council not
inconsistent with the provisions of this Charter.
Section 907 Currently reads as follows:
Section 907. Personnel COIlIIIi.ssion: Established:
Powers and Duties. There shall be a Personnel
Commission consisting of five (5) members none of
whom, while a member of the Commission, or for a
period of one (l) year after he has ceased for any
reason to be a member, shall be eligible for
appointment to any salaried office or employment in
the service of the City.
The Personnel Commission shall have the power and
duty to:
(a) Act in an advisory capacity to the Council and
the City Administrator or other appointive power on
matters relating to personnel administration,
(b) Recommend to the Council after a public hearing
thereon the adoption, amendment or repeal of the
personnel rules and regulations referred to in
Section 1002 of this Charter. Such personnel rules
and regulations shall provide, among other things
for:
(1) The preparation, installation,
revision and maintenance of a position
classification plan covering al positions in the
competitive service, including minimum standards
and qualifications for each class, and
(2) The preparation, revision and
administration of a plan of compensation directly
correlated with the position classification plan,
providing a range or maximum rate of pay for each
class;
(c) Hear appeals of any officer or employee having
regular status in any office,
employment in the Competitive Service
suspension, demotion, dismissal or
action as provided for in Article X.
position or
pertaining to
disciplinary
(d) Make any investigation which it may consider
desirable concerning the condi tions of employment
and the administration of personnel in the
municipal service and report its findings to the
Council, the City Administrator and any other
appointive power, and
(e) Perform such other duties relating to personnel
matters as may be prescribed by the Council not
inconsistent with the provisions of this Charter.
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RESOLUTION 96-43
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PASSED AND ADOPTED this 24th day of June, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED:
~~?tr
ATTEST:
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RESOLUTION 96-43
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96 43
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
24th
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 28th
19 96.
day of
June
Gilroy
(Seal)