Resolution 1998-32
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RESOLUTION NO. 98-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY CALLING A SPECIAL MUNICIPAL ELECTION FOR
THE PURPOSE OF SUHMITTING TO THE ELECTORS OF THE
CITY AMENDMENTS TO THE CITY CHARTER; REQUESTING
CONSOLIDATION OF ELECTIONS WITH THE GENERAL
ELECTION TO BE HELD NOVEMBER 3, 1998; AND
REQUESTING SERVICES OF THE REGISTRAR OF VOTERS.
WHEREAS, pursuant to the Charter of the City of Gilroy Section 1505, and California
Government Code section 34458, the City Council is authorized to propose amendments to the
Charter and submit said amendments to the electors of this city for ratification at a special election
called for that purpose, or at any established municipal election date provided there are at least 88 days
before the election; and
WHEREAS, the 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 amending Sections 800,
811, 1000, and 1104, as such proposals were adopted by the City Council at its duly noticed and
regular meeting on June 15, 1998.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS
FOLLOWS:
Section 1.
A Special Municipal Election is hereby called in the City of
Gilroy to be held on Tuesday, November 3, 1998, at which election there will be submitted to the
qualified electors of said City measures proposing to amend the Charter of the City as set forth in
Sections 2, 3, 4, and 5 below.
Section 2.
The form of Measure [ ], proposed by motion of the City
Council to amend Section 800 of the City Charter, as the same is to appear on the ballot is as follows:
MEASURE [ ]; Charter Amendment
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Shall Section 800 of the City Charter be amended to
delete the provision which required that the City
Administrator prepare and submit to the City Council,
and requiring the Council to adopt, the first
administrative code after the Charter was established?
YES
NO
Section 3.
[Spanish translation of same.]
The form of Measure [ ], proposed by motion of the City
Council to amend Section 811 of the City Charter, as the same is to appear on the ballot is as follows:
"MEASURE [ ]; Charter Amendment
Shall Section 811 of the City Charter be amended to YES
bar the City from discriminating against, or from
favoring, a City employee or person seeking
employment with the City, on the basis of political NO
opinion or affiliations or membership in a lawful
employees association, or because of race, color, religion, gender,
national origin, age, sexual orientation, physical or mental disability,
or veteran's status?
[Spanish translation of same.]
Section 4.
The form of Measure [ ], proposed by motion of the City Council to
amend Section 1000 ofthe City Charter, as the same is to appear on the ballot is as follows:
"MEASURE [ ]; Charter Amendment
Shall Section 1000 of the City Charter be amended to
remove from the list of positions coming within the
jurisdiction of the General Service the position of school
crossing guards?
YES
NO
[Spanish translation of same.]
Section 5.
The form of Measure [ ], proposed by motion of the City Council to amend
Section 1104 of the City Charter, as the same is to appear on the ballot is as follows:
"MEASURE [ ]; Charter Amendment
Shall Section 1104 of the City Charter be amended to
allow the City Administrator to transfer unused
budgetary amounts from one account to another as long
as the total appropriation approved by the City Council
YES
NO
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for any fund or department are not affected by the transfer during
any fiscal year?
[Spanish translation of same.]
Section 6.
Pursuant to Section 9280 of the Election Code, the City Clerk is
directed to transmit a 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 7. The City Council hereby requests, consents to and orders that the Special
Municipal Elections be consolidated with the general municipal election and other district or statewide
election to be held on Tuesday, November 3, 1998, and that upon consolidation, the election shall be
held and conducted, election 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 to be regulated and
done by the Registrar of V oters of the County of Santa Clara. Said election shall be held in all respects
as ifthere were only one election, and only one form of ballot shall be used.
Section 8.
Pursuant to Section 10403 of the Election 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 eighty-eight (88) days prior to the herein
referenced general municipal election.
Section 9.
Pursuant to Section 12111 of the Election Code, the City Clerk
is hereby directed to publish a synopsis of the measures in a newspaper of general circulation published
and circulated in the City. The notice shall be headed "Measure To Be Voted On" and shall conform
to the requirements of Section 12111 of the Election Code.
Section 10.
The City Clerk is hereby directed to publish the Notice of said Election
as required by Section 12109 ofthe Election Code.
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PASSED AND ADOPTED this 15m day ofJune, 1998 by the following vote:
AYES: COUNCILMEMBERS: GIFFORD, MORALES, ROWLISON,
SPRINGER, SUDOL, GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ARELLANO
APPROVED:
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ATTEST:
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Rhonda PelliD., City Clerk
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RESOLUTION NO. 98-32
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 98-32 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 15th day of June, 1998, 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 8th day of July, 1998.
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City erk of the City of Gilroy
(Seal)