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Charter Amendment - November 1995 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Rhonda Pellin, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 .. . DOCUMENT: 16403135 Titles: 1/ Pages: 14 BRENDA DAVIS SANTA CLARA COUNTY RECORDER F i I ed at the request of City Fees. * No Fees Taxes. Cop i es. . AMT PAID (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Certification and Authentication For Copies of Text of Charter Proposals For November, 1995 ROE ** 010 8/05/2002 3:02 PM 7351 Rosanna Street Gilroy, California 95020-6197 City (408) 846-0400 Residence (408) 842-0693 City Fax (408) 846-0500 Home Fax (408) 847-7931 EMail: springert@aol.com http://www.ci.gilroy.ca.us ((it!' of ~ilro!, TOM SPRINGER MAYOR CERTIFICATION AND AUTHENTICATION for COPIES OF TEXT OF CHARTER PROPOSALS I, Thomas W. Springer, Mayor of the City of Gilroy, under penalty of perjury do hereby certify as follows: That on the 7th day of November, 1995, an election was held in the City of Gilroy submitting Charter amendments to the electors and ratified by them. Attached are copies of the revised text of the Charter amendments as ratified by the electors. ATTES~;,- .;J r .:~, ILl/H..P{~;~U--{~_~A/(/,__ ' Rhonda Pellin, City Clerk /s/ Thomas W. Springer Mayor, City of Gilroy (Seal) (Per Government Code Section 34460) Charter Changes - 1995 Section 104. (Deleted by vote ofthe electors on November 7, 1995) Section 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 ofthe City. (Amended by vote ofthe electors on November 7, 1995) 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 ofthe 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. (Amended by vote of the electors on November 7, 1995) 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. (Amended by vote of the electors on November 7, 1995) Section 908. Library Commission: Established: Powers and Duties. There shall be a Library Commission consisting of five (5) members appointed by the Council 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 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 re prescribed by the Council not inconsistent with the provisions of this Charter. (Amended by vote of the electors on November 7, 1995) 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 Countil 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. (Added by vote of the electors on November 7, 1995) Section 1005. (Deleted by vote of the electors on November 7, 1995) 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 the same to the County authorities ifthe County system of ad valorem assessment and tax collection is used by the City. (Amended by vote of the electors on November 7, 1995) Section 1403. (Deleted by vote of the electors on November 7, 1995) Section 1501. (Deleted by vote of the electors on November 7, 1995) /'191'- ARGUMENT IN FAVOR OF MEASURE J Charter Amendment All of the sections in question, Section 104,402 paragraphs 2 and 3, 1005, 1403 and 1501, were created to ensure a smooth transition from a General Law City to a Charter City in 1960. These provisions were only needed at that time and serve no purpose in 1995. To aid in the Charter "cleanup", the City Council recommends you pass Measure J. City Council of Gilroy, Mayor Donald F. Gage ARGUMENT IN FAVOR OF MEASURE K Charter Amendment In an era when all cities must become more productive and efficient, the amending of Section 202 will give the City of Gilroy more flexibility to contract with public or private agencies for any municipal service. This Charter Amendment will give the City another tool in our never- ending battle to protect your tax dollar. The City Council recommends passage of Measure K. ~{V Mayor Donald F. Gage ARGUMENT IN FAVOR OF MEASURE L Charter Amendment After every Municipal election, the Santa Clara County Registrar of Voters must certify the election results before a Councilmember can be seated. By State Ejection Code, the Registrar ha{thirty (30~ays to accomplish this task. This amendment to Section 402 would put the City in compliance with this State law. Therefore, the City Council recommends approval of Measure L. -+w t.YJ f"-r~ IJh. 1- (2. B) City Council of Gilroy, Mayor Donald F. Gage ARGUMENT IN FAVOR OF MEASURE M Charter Amendment In 1973 and 1974 two court cases invalidated certain portions of Section 403. This amendment would put the City back in compliance with State law. Therefore, the City Council recommends approval of Measure M. Cit~o!' ~ Mayor Donald F. Gage ARGUMENT IN FAVOR OF MEASURE N Charter Amendment This amendment to Charter Section 908 and the addition of Section 909 would split the current Library and Culture Commission into two separate commissions (Library Commission and the Arts and Culture Commission). Both the City Council and the current Library and Culture Commission feel that as the City grows, a separation of duties will allow the new Commissions to better address the future needs of the Library system and the cultural needs of the community. This Charter Amendment is also consistent with the City's goal of citizen involvement. Instead of one, seven person commission, the City will have two commissions, totaling twelve citizens (five on the Library, and seven on the Arts and Culture Commission). Finally, this Charter Amendment is a formal recognition by the City of Gilroy that the arts and culture are an important element of the City's quality of life. The major goal of this commission will be to bring together all segments of the community to create a comprehensive arts and culture strategy Based on the above reasons, the City Council recommends the approval of Measure N. Cj~!-~ Mayor Donald F. Gage ARGUMENT IN FAVOR OF MEASURE 0 Charter Amendment With the passage of Proposition 13, the City of Gilroy no longer has control over setting the City's property tax rates. This amendment updates Charter Section 1106 to be in compliance with Proposition 13. Therefore, the City Council recommends approval of Measure O. ;;Lp j City Council of Gilroy, Mayor Donald F. Gage i\II\'\)L/ \~' .J r", \i ~\., , --- ! I i ) t t COUNTY OF SANTA CLARA STATE OF CALIFORNIA . ; ~ I I i I am a citizen of the United States and a residc;.: of the County aforesaid. I am over the age cf eighteen years, and not a party to or interested i:1 the above entitled malter. I am the printer arid principal clerk of the publisher of The Di5patc~. printed and published in the City of Gilroy, CviJil:Y of Santa Clara, State ot California. daily, lor whicil said newspaper has been adjudged a newspaper of general circulation by the Superior Court of :hc County of Santa Clara, State of California. under the date of July 10, 1961, Ac:ior. No. 80709, the>: the notice 0; whi:h the annexed is a pnnted ccpy. has been published in each issue thereof (j~d nc: in any supplement thereot on the following cates. to wit: .. ! 'i t ! JULY 10, 1995 i certify (or declare) under penalty of perjur/ trl~t the foregoing is true and correct and the>t ::~:s declaration was executed at Giiroy, Caiiiornia on JULY 10, ~r:95 (Date) /;g' . / ! '/) ;-' 'LU-;~';1~~\ : \-.-II~IIu..l.,.ol ....., Gavilan Newspapers The DispatCh P.O. Box 22365 6400 Monterey Rd. Gilroy, CA 95020 NOTICE OF ELECTION Prooi of Publica:ion 01 'PUBLIC NOTICE MEASURE ( ): Charter Amend'; ment. This measure would amentl City Charter Section 402 to change NOTICE OF ELECTION the date by which the City ~oun,~1 and Mayor's tenns of office' are CITY OFFICERS, 'measured from the first Tuesday REFERENDUM AND i following their election to the fi~ MEASURES TO BE VOTED ON ; regular meeting of the City CourlQ11 : following the certification of t~ NOTICE IS HEREBY GIVEN that: election results by the duly auti1P- a consolidated general and special rizedelection official. . . . municipal election will be held in the. MEASURE ( ): Charter Amend.- City of Gilroy on Tuesday, Novem-: ment. This measure would am~ ber 7, 1995, for the following offic-I City Charter Section 403 to del~~ ers: Mayor and three (3) City Coon-I references to a requirement ~t cilmembers to be elected to fouq has been . unlawful by the courts ~ yeartenns. .. ".;.,n' ;the State of California, specificaJ!)i. NOTICE IS ALSO GIVEN that a'the requirement that a person ~ .referendum against Ordinance No; be a resident of the City for at Ie. 95-08, adding Chapter 1~to tIlE! ~ years before he or she can.~ Gilroy City Code to provIc:lej~OI;J~ :nominated for or hold office on the storm and surface water manage- CityCouncil. . ,'..~ ment enterprise and utBity. is to ~ : MEASURE ( ): ,Charter. ~ voted on at the. cqnsolidated mll-'; ment. This measure would ~ nicipalelection lobe. h..eId...in.the......C...ity......ICity.Charter Section 908 ~ ~ of Gilroy on Tuesday, N~~r 7, Section 909 to <Ivide. the, ~ 1995: Said Ordinance. woukr pro-, and Culture Commission into twq videimprovemfilntsto . the~storm' separate commissions, namely ~ and surface water runoff system .LJbrary Commission and the Al1s which would be financed by_use~ and Culture Commission, and.to charges. '. ., ,'.' clarify and establish the duties. of NOTICE IS FURTHER HEREBY each commission. ' . . GIVEN that the following measures: . MEASURE ( ): Charter Amend- are to be voted on. at the consoIi-! ment. This measure would arnentl dated m,:,nicipal ~Iection to be held i City Charter Section 1106 to 1~ltIit in the City of Gilroy .em T~esday" 'the City Council to set any ad valo- November 7. 1995:. . 'rem property tax and tax rate onty if MEASURE ( ): Charter Amend- not prohibited by State law. . .) ment. This mpasure would amE'nd PLEASE TAKE NOTICe that the City Charter to delete obsol~te i pursuant to Elections Code sec- procedural refere!lces to ~he fustl'tions 9285 and 9286, August 18, City Charter election held I!", 1960, 12995 is the last date to file with the specifically amending Section 104 City Clerk direct arguments on any (about City officers and e~ployees of these measures and August 28, in the year 1960), Section. ~~2 1995 is the last date to file rebuttal paragraphs 2 and 3 (about Initial arguments for printing and distribu- terms of office for mayor and Coun-. tion to the voters. cilmembers), Sectiol) 1005 (about The polls will be open between the status of existing employees in the hours of 7 a.m. and 8 p.m. . the year 1960),. Section 1403 . (about settj,ng the dat~_o!thefirst Is! Susanne E. Steinmetz, election), and Section 1501 (about' City Clerk holding the first Charter election). MEASURE ( ): Charter Amend: G2604 ment. This measure would amend Publish: July 10, 1995 City Charter Section 202 to allow the City to expand its power' fir contract with public or private agen- cies for municipal services for anY funGiion: of the City, not just t,Qr:. adrriinistrative functions. "r CERTIFICATE OF ELECTION RESULTS STATE OF CALIFORNIA ) ) ss. County of Santa Clara ) I, Dwight M. Beattie, Registrar of Voters of the County of Santa Clara, State of California, hereby declare that a GENERAL MUNICIPAL ELECTION was held in the CITY OF GILROY on November 7, 1995 for the purposes of electing the Mayor and three members to the City Council, and submitting Measures I, J, K, L, M, N, and 0 to the voters of said City; and to wit: I Adopts Ordinance No. 95-08 adding Chapter 19C to the Gilroy City Code to provide for a storm and surface water management enterprise and utility. J Amends the City Charter to delete obsolete procedural references to the first City Charter election held in 1960, specifically deleting Section 104 (City officers and employee,s in the year of 1960), Section 402 paragraphs 2 and 3 (initial terms of office for Mayor and Councilmembers), Section 1005 (status of existing employees in the year 1960), Section 1403 (setting the date of the first election), and Section 1501 (holding the Charter election). K Amends the City Charter Section 202 to allow the City to expand its power to contract with public or private agencies for municipal services for any function of the City, not just for administrative functions. L Amends the City Charter Section 402 to change the date by which the City Council al!.-':Mayor's terms of office are measured from the first Tuesday following their election to the first regular meeting of the City Council following the certification of the election results by the duly authorized election official. M Amends the City Charter Section 403 to delete references to a requirement that has been held to be unlawful by the courts of the State of California, specifically, the requirement that a person must be a resident of the City for at least two years before he or she can be nominated for or hold office on the City Council. N Amends the City Charter Section 908 and adds Section 909 to divide the Library and Culture Commission into two separate commissions, namely the Library Commission and the Arts and Culture Commission, and to clarify and establish the duties of each commission. o Amends the City Charter Section 1106 to limit the City Council to set any ad valorem property tax and tax rate only if not prohibited by State law. That the official canvass of the returns of said election was conducted by the office of the Registrar of Voters in accordance with the appropriate provisions of the Elections Code of the State of California; and That the Statement of Votes Cast, hereto attached, shows the whole number of votes cast for each candidate for said Mayoral and Council Seats, and for and against Measures I, J, K, L, M, N, and 0 in the CITY OF GilROY, and in each of the respective precincts; and that the totals shown for each candidate are true and correct. WITNESS my hand and Official Seal this 16th day of November, 1995. ,IJJwit 71/. ~djl' I egistrar of Voters ~-- J. i / ~ ':J/ ~';:; CONSOLIDATED ELECTIONS, NOVEMBER 7, 1995 007 CITY OF GILROY C I 0 I u I N C I M I : A L M S Y M A U 0 E K T E R A M P T L C U CB A M A H L , I D G IE U A E E R B TV 0 U TR L N W T N F i E A YO N S Y L M 0 R G L T A T V V Y I W M C A I L OE L I 00 K N S 0 F D N FTK R E D S R K T T T F E E L R P 0 R S U GO F G 0 W G U R W R A R IR G IF E I I M I L 0 T C N L G 0 LO C L L M N I M I A 0 RO A M RR K L R 0 G S E 0 S U ON G E 0 E I 0 N E 0 R I N T T YE E Z Y3 R S Y D R N 0 3951-PCT 39~~ 904 280 31.0 200 58 63 H 213 101 ~1,~1 H~ In 3952-PCT 395 1345 467 34.7 365 73 112 381 65 ~~~~:~H ~~~~ U~~ ~~~ ~~J H~ ~~ H~ ~~ ~~~ g~ '~ H~ 1~~ ~~~~:~H ~~~~ 1~~~ I~g 11. ~ 2~~ ~: Ig~ i~ ~ij~ IH 11~ Ig ~~ 3. ~~~~:~H ~~~~ ~l~ t~~ t~ 256 ~g ~g Ij ! 1~~ 1~~ 1 ~~ ~~ 87 ~~~~:~g ,~~~~ t~~~ ~~~ ~t~ 419 ~~ l~g fI :~ 1~~ )g f~3 1~~ 195 ~~~Y:~~t ~~~~ H~i %~ ~Aj 2g~ ~~ g~ ~ :7 t~~ I~~ t~~ ta~ 25 44 ABSENTEE TOTALS 13453 658 4.!l 508 102 190 76 511 255 ?64 ?79 163 I GRANO TOTALS 13453 411fJ 3~.~ 3586 9111 1239 439 3708 l11fJ 2104 2258 1328 I 1 I , I I I : I i I 1 I : I i I ! I ! I -T I , : I ! , ! I I i i , ! I I I i I I I I I I I , I I ! I I i I i I I I i i I I I I I I I I i i I I i I I 1 i I I I : I I I i I 1 I I I i 4 ~ I ,j. ';;" ~ ~ CONSOLIDATED ELECTIONS, NOVEMBER 7, 1995 008 CITY OF GILROY I I I I 0 B I S I 0 I L I M ME M I I E ET E AW AE A SA I S S UT UP U RE RR R R B ER ED E E A C G L 1M JE K I L A 0 C S 0 -N -u -0 T T T I A R N R S U GG GA 6T A R IE IL IR T C N LM L LA I A 0 I RE Y RR Y RC Y 0 S U ON e N OE e N OT e N N T T YT s 0 YF s 0 YS s 0 3951-PCT 3951 904 280 31. 0 31 227 160 73 133 102 3952-PCT 3952 1345 467 34.7 55 389 348 69 326 100 ~~~~:~H ~5~~ 1193 397 ~~.3 g~ ~gg ~1~ 83 ~~g H~ 1412 457 .4 84 ~~~~:~H ~~~~ 1~~~ 368 31.8 j~ iY~ 2~Y ~l lH l~g 15B 23.1 ~~~g:~g ~~g~ 5H i~~ 35.~ 1~ ~% 2~1 :~ 2~g ~g 16.6 ~~~~:~g ~~g~ B1~ i~g ~~.8 ~~ g~ i~~ ~5 I~~ l~~ 3.4 ~~~~:~g ~~~y Hg~ ~~b 31.3 ;~ ~~~ ~~~ ~5 :~~ lA~ 2B.3 ABSENTEE TOTALS 13453 658 4.9 90 525 4"7 148 405 168 GRANU IUIAL~ 13453 4770 35.5 bjU 3927 3200 974 l!l2j Ijjl I I -- I I I I I I i i I i I i i i I I I I I i I i I I I : i I I i I I i I I I I i I i t I I I ! i I I , I , - I i I i , i I , I I i i I I , i I I , , i i ! I I I i I I I I I I I I I I I i I i I I I I I I , I I I : I i ! I I I i I I I I i I ! I i ~~i~:;-'::;':" CONSOLIDATED ELECTIONS, NOVEMBER 7, 1995 009 CITY OF GILROY I M MI A EL L Y A- I 0 SR B R UE R - RS A I MC EI MR EO 0 EY AU ME A SN N S& UC -C U RI Y RC R B EL G EU E A IR L G L LT LE NT I L E ~8 U s 0 -R -R T T T M YI E R S U G R G A R 10 CE IC T C N LA OM LO I A 0 RT Y UE Y RM Y 0 S U OE e N NN e N OM e N N T T YS s 0 CT s 0 Y. s 0 391~~PCT 3951 ,904 280 31.0 165 68 138 ,~g \~~ 75 395 -PCT 3952 345 467 4.7 358 67 309 3 4 98 ~~~~=~g ~~~~ IU~ 1~~ ~.3 ~~~ ~~ ~5~ ,ij~ ~~~ t~~ I , .4 ~~~~=~g ~~~~ 1~~~ l~ t~ '~~ ~~ 2~~ l~g 2~g 1M I ~~~Q-PCI 3960 ~l~ -m in '~~ ~~ 2~~ 1& 2~~ @ 3962-PCT 3967 ~~~~=~g ~~g~ H~~ ~m 8~ g~ y~~ ~ ~i~ 1~~ ~~~?=~g ~~~y H~r l~b lr~ ~~~ ~~ ~~~ ,-gI ~ 15 1~~ I 17' I ABSENTEE TOTALS 13453 658 4.9 428 134 410 39!l 173 GRAND TOTALS 13453 -477035:5 ::I2~4 94/ 29671291 29::19 lZ94 , I ! I , I I I , I I I I I I i ! 1 ! I i i I I I I : i ! I I I I I I I I I I I I I I i I I I I I i i 1 I i I I I I ! I I I I I I I I I i i I 1 I I , I , i i I I : I , I i I i I I : I I I I I I I ! I I I I I I 1 I , I i I , I 1 i I I I i i i i I I ! I I ! I ! I I .., "~I;'':'' CONSOlIOATED ELECTIONS, NOVEMBER 7, 1995 010 CITY OF GILROY I I P R MO I EP AE SR UT RY R B E E A T G l OA I l X S 0 - T T T R S U G& A R I T C N lR I A 0 RA Y 0 S U OT e N N T T YE 5 0 39~tPCT 3951 904 280 31.0 ~~9 In 395 -PCT 3952 1345 467 34.7 99 ~~g~:~~+ ~~~~ UI~ 397 ~~.3 Br BY 457 3 .4 ~~g~:~~+ ~~g~ 1~~~ 68 11.8 '% 1~~ 58 3.1 ~~~~:~g ~~g~ ~H ~~ 15.~ 'g~ ~~ 6.6 , ~~~~:~g ~~g~ i~ ~g IgJ U~ t~; ~~~y:~g ~~~y i ~ ir.~ f~i 1~~ 3 0 8. ABSENTEE TOTAl S 13453 658 4.9 371 200 GRANO T01AlS 134tl3 477TJ ~ 270B 1448 I - ! I , I I i I i I i I I I i I I , I I I I I I I ! ! I ! I I I I ! I I I I I , I i I , ! I I ! I I I I I , i i 1 I T I : ; I I I I I I I , I I ! i I i I I I I i I i I I I I ! i I I I ! I I I I I I i I I ] i i I I I ! I ! I ! 1 I 1 I I I I I