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Resolution 1996-43 . . 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. \RPJ\310949.01 624)62704706002 -1- RESOLUTION 96-43 . . 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 IRPJ\310049.01 62~7047C6002 -2- RESOLUTION 96-43 . . 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 IRPJ\310949.01 62~7047C6002 -3- 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 . . 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: IRPJ\310949.01 62-062704706002 -4- RESOLUTION 96-43 . . (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 IRPJ\310949.01 62-062704706002 -5- RESOLUTION 96-43 . . 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. IRPJ\31094901 62-062704706002 -6- RESOLUTION 96-43 . . 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: IRPJ\31094901 62-062704706002 -7- RESOLUTION 96-43 . . 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)