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Resolution 1998-32 . . 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 IMSD\41337801 82-061704706002 -1- RESOLUTION NO. 98-32 . . 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 \MSD\413378.01 82-061704706002 -2- RESOLUTION NO. 98-32 , ' I , . . 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. IMSD\413378.01 82-061704706002 -3- RESOLUTION NO. 98-32 J , , ' . I . . 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: t~~~~~~ ATTEST: ~~~. Rhonda PelliD., City Clerk IMSD\413378.01 82-061704706002 -4- RESOLUTION NO. 98-32 .. , . ,.. .. ' .\- , . . 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. ~~. City erk of the City of Gilroy (Seal)