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Charter Amendment - November 1996 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Rhonda Pellin, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 16403136 Titles: 1/ Pages: 9 111111111111111111 -0018403138- Fees,. ,* No Fees Taxes, Copies. AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER F i I ed at the request of City ROE ** 010 8/05/2002 3:02 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Certification and Authentication For Copies of Text of Charter Proposals For November, 1996 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 ofthe City of Gilroy, under penalty of perjury do hereby certify as follows: That on the 3rd day of November, 1998, 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. AT."TE,~S: _" ,"'..,. ,,//1 ~ ,,--./ . j -. ",....---' .' /,'" l. , , . '--..__~ I~ ) l.6'{c__, ,--_.(~~. Rhonda Pellin, City Clerk ---~~O;) ( Isl Thomas W. Springerc' Mayor, City of Gilroy 1:.~ _..~,if-_ (Seal) (Per Government Code Section 34460) Charter Changes - 1998 Section 800. City Administrative Organization. The Council shall provide by ordinance, not inconsistent with this Charter, for the organization, conduct and operation of the several offices~ departments and other ageBcies of the City. It may further provide by ordinance for the creation of additional departments, divisions, offices and agencies or for their alteration or abolition or for their assignment and reassignment to departments. Each new department so created shall be headed by an officer as department head who shall be appointed and removed by the City Administrator with the consent of the Council. Subject to the provisions of this Cl1arter) the Council shall' provide'by. ordinance or resolution for the number, titles, qualifications, powers, duties and compensation of all officers and employees. The Council by ordinance may assign additional functions or duties to officers, departments or other agencies established by this Charter, but shall not discontinue or assign to any other office, department, or any other agency any function or duty assigned by this Charter to a particular office, department or agency. When the positions are not incompatible, the Council may combine in one person the powers and duties of two (2) or more offices. The administrative code of the City shall provide for a complete plan of administrative organization of the City government, and provide for the powers, duties, responsibilities, obligations and procedures of the officers and employees of the City, including rules and regulations of the City departments adopted by ordinance. Rules and regulations governing administrative procedures of the City government, such as those covering personnel, budgeting, accounting and purchasing methods, shall be included in the administrative code. The code shall be amended by ordinance as necessary or advisable to keep it up to date. Sufficient copies shall be available for all officers of the City and other interested citizens. Notwithstanding the foregoing, the Council may transfer or consolidate functions of the City government, to or with appropriate functions of the State or County government, and in case of any such transfer or consolidation, the provisions of this Charter providing for the function of the City government so transferred or consolidated shall be deemed suspended during the continuance Qf such transfer or consolidation, to the extent that such suspension is made necessary or convenient and is set . forth in the ordinance establishing such transfer or consolidation. Any such transfer or consolidation may be repealed by ordinance. (Amended by vote of the electors on November 3, 1998) Section 811. Discrimination. Except as otherwise provided by the general laws of this State heretofore or hereafter enacted, no person employed by the City or seeking employment therewith shall be employed, refused employment, promoted, demoted, disciplined or discharged or in any way favored or discriminated against because of political 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 status. (Amended by vote of the electors on November 3, 1998) Section 1000. Competitive and General Service. The Administrative Service of the City shall be divided into the General Service and the Competitive Service. (a) The General Service shall comprise the following offices and positions: (1) All elective offices; (2) All members ofboai-ds and commissions; (3) The City Administrator and his deputies, if any, the City Clerk, the City Attorney and his deputies, if any, and the head of each department; . , (4) Persons employed for a special or temporary purpose; and positions of any class or grade exempted from the competitive service for a maximum period of six (6) months in any calendar year; (5) Persons employed to render professional, scientific, technical or expert services of an occasional or exceptional character; (6) Part-time positions or employments, and voluntary personnel. (b) The Competitive Service shall consist of all positions in the City Administrative Service which are not in the General Service. (Amended by vote of the electors on November 3, 1998) Section 1104. Budget: Appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several offices, agencies and departments for the respective objects and purposes therein specified. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, except as otherwise provided by this Charter. At any meeting after .the adoption of the budget the Council may amend or supplement the budget so as to authorize the transfer of balances approptiated for one purpose to another purpose, or to appropriate available revenue not appropriated in the budget. No officer, department or agency of the City shal~ during any fiscal year, expend or incur any obligation to expend money for any purposes not authoiized. by or ii1 excess of the amounts, appropriated by any budget, as amended, that would affect the total appropriations of any fund or department. The City Administrator is authorized to transfer unused budgetary amounts from one account to another as long as the total appropriations authorized by City Council for any fund or department are not affected by the transfer. (Amended by vote of the electors on November 3, 1998) /q9g ARGUMENT IN FAVOR OF MEASURE K Charter Amendment Section 800 of the City Charter required that the City Council adopt its first Administrative Code upon approval of the Charter in 1960. The first Administrative Code was adopted shortly after the 1960 approval of the Charter. This provision was only needed at that time and serves no purpose in 1998. To aid in the Charter "clean-up", the City Council recommends you vote yes on Measure k ity Council of Gilroy, Mayor K.A. Mike Gilroy ARGUMENT IN FAVOR OF MEASURE L Charter Amendment Section 811 of the City Charter provides Anti-discrimination and Anti-favoritism policy statements regarding hiring and job performance for City employees. State and Federal regulations have become much more specific since the Charter was adopted in 1960. The proposed language conforms to the latest State and Federal laws. To aid in the Charter "clean- up", the City Council recommends you vote yes on Measure L- Ci y Council of Gilroy, Mayor K.A. Mike Gilroy ARGUMENT IN FAVOR OF MEASURE M Charter Amendment Section 1000 of the City Charter provides a list of jobs under the jurisdiction of the City's General Services which includes school crossing guards. The City does not and has not provided school crossing guards in over two decades. To aid in the Charter "clean-up", the City Council recommends you vote yes on Measure YV\. ity Council of Gilroy, Mayor K.A. Mike Gilroy ARGUMENT IN FAVOR OF MEASURE r-.J Charter Amendment Section 1104 of the City Charter currently requires that the City go through a costly and bureaucratic process to transfer budget allocations from one individual line item to another within the same department or fund. The City's Independent Auditor has approved this charter amendment which will reduce the cost of internal transfers. The City Council will continue to have authority over transfers that increase the total department or city budget, and over transfers between departments. To make the City more productive and efficient, the City Council recommends you vote yes on Measure 0 ,r'-" \ City Council of Gilroy, Mayor K.A. Mike Gilroy COUNTY OF SANTA CLARA STATE OF CAl:IFORNIA I am a citizen of the United States and a resident of the County aforesaid. I am over the age at eighteen years, and not a party to or interested in the above entitled malter. I am the printer and principal clerk of the publisher 01 The Dispatch, printed and published in the City of Gilroy, County of Santa Clara, State of Calilornia, daily, for which said newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, Stale of California, under the dale of July 10, 1961, Action No. 80709, that the notice 01 which the annexed is a printed copy, has been published in each issue thereof and not in any supplement thereof on the following dales, 10 wit: JULY 13, 1998 I certify (or declare) under penally of perjury that the loregoing Is true and correct and that this declaration was execuled at Gilroy, California on JULY 13, (Dale) 19 98 0J~~ (Signalu he Dispatch .0. Box 22365 400 Monterey Rd. Jlroy, CA 95020 [l Q.c-*1 ~ NO'T'T('F. OF F.r. F.CT T ON Prool of Publication 01 MI;ASURE ( ): .,.'. Chatter ,eY.,~IQNQ,rICI; Amendment. Shall SectIon 1000 ,c.,..,,<l'"''''':":?'.''''''':~''"_~'~"'''~~:-.'''k """'0 ...' of the City Charte.. be amended to NOTIOE PF ehE9t10N' remove .from theli$t of pOsition~ MEASUAJ;S to 13E:VotED ON cQmi('1S within tne,jurisdiction of ' , . , the General Service the position NOTICE 1$ HERE~YGIVEN.of sGl100l crossing guards? that a consolidBtl;ld general finq,. MEASURE (): Charter special municipal election. will be :Amendment.Sh~II.~ection,) 104 held in the City Of Gilrgy 00 :of the City <:;hart~r be ari1~nded to TueSday, November 3, 1998, fQraltow the City Admini$trator to the following measures to be transfer unused b)..ldgetary voted.on: ., .... .' amounts from o~e a~coui1t to MIiASURE ( ):. " Charter anotHer a510ng as!/1etQfal appro. ArtI$Qcjm~nt:j)hall S~Ction80q of priation approvea"v tH.e City the 'Qity Oharter be .amended to QouOCilfor any fund or depart;. del~tetfjeprovi.sion which rnent.are . nQt. afffilQtedby. the teqlJiF~(;f,thattH.e , Qity :tFal1~f: 'it J\drt'lin.i~trator prepare. and submit"PJl; ..;tft~t to .11'1' it qql!nciltqnd reqlJiring; pursuan .. Jll!,;j.Q~J:?htn~fjr~~ tip" 9280 .' Sl~~qet~:;stt~I" tll~' 199~ jsthe laSt' .'" sfablished1. , the City Clerk direct , ". $Qn ...,.t\$lJl1g ( ): ,Gharte~~aQY9f,these me..s"iand Artie(la!fl~hti$ha" Sectig" 811' of,AUgust 20, 19~8 i$lh.e1eStdatetQ ttle . ~ity.gnarter beame.n<:tegt9 lfile rebuttal. argum~nt$. for printing bart/1$~iWtrom di$Criminatin91~f.1Q'9.j~Jr' '" '. 's, aQ~io~t..of from favoring, a City r . <<'Qt, i1~ emp.lo.Vee or person seeking th~.), e.,:...'t\o'litl1 ttl~8itY~()~'Jhei , P9L '. '. ..,. '. .". .' ..,..aen ~~I.lI)Ri~i()!'l qr. ~~ijia"ltf1e J1C&l~C)lZ.~,ID"c..~Mgp.m. tJ >rtl!\)ElJ'"$tiipi.(la lawtvl/S/ RHGNDA PltLUN,- ..... 10: ~ ......, 'ees liS$Ql5iBti()l'I, OtqitY91~r~ ,.,..,. '.Y .,? b~Q9Y$e Qf raGe,QQ.IQf, religipfl. Dat~9:J1JIY8, 19S5 gender, natiOnal origin, age: sexu- . alorientation, physical or mental G37S'4 diSBbiJity,or veteran'S status? PUBLISH: July 13, 1998 JC>~ ~. .J oJ" - .'" <-;-} \....,., I , -', ; j' COUNTY OF SANTA CLARA STATE OF CALIFORNIA I am a citizen of the United Slates and a resident of the County aforesaid. I am over the age ot eighteen years. and not a party to or interested in tt18 above entitled matter. I am the printer and principal clerk of ttle publisher of The Dispatch. printed and published in the City of Gilroy, County of Santa Clara, State of California, daily, for which said newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara. State of California, under the date of July 10. 1961, Action No. 80709. that the notice of which the annexed is a printed copy. has been published in each issue thereof and not In any supplement thereof on the following dates. to wit: JULY L3, 1998 ! certify (or declare) under penally of perjury that f18 foregoing Is true and correct and that this jeclar<ltion was executed at Gilroy, C<1lifom;a on JULY 13, (Dale) , 1 9 98 VJiQwi(~ (Signi1[Ui' 110 Dispatch .0. Box 22365 '100 Monterey Rd. ilray, CA 95020 Cl <2c it 0h NC1TfCE Dr ELECTrON Proal at Publication of MEASURE (): Charter Amendment. Shall Section 1000 . of the City Charte( be amended to NOTICE OF ELECTION remove from the list of positions MEASURES TO BE VOTED ON coming within the juhsdiction of the General SeNice the position NOTICE IS HEREBY GIVEN of school crossing guards? that a consolidated general and MEASURE (): Charter special municipal election will be Amendment. Shall Section 1104 held in the City of Gilroy on of the City Charter be amended to Tuesday, November 3, 1998, for allow the City Administrator to the following measures to be transfer unused budgetary voted on: amounts from one account to ME AS U R E ( ): C ha rt e r another as long as the total appro- Amendment: Shall Section 800 of priation approved by the City the City Charter be amended to Council for any fund or depart- delete the provision which ment are not affected by the required that the City transfer during any fiscal year? Administrator prepare and submit PLEASe JAKq NOTICE that to the City Council, and requinng pursuant to Elections Code sec- the Council to adopt, th~ first'tion 9285 and 928~, ALJgust 10, administrative cOde alter the 1998 is the last date to file with Charte( was established? the City Clerk direct arguments on MEASURE () Charter any of, these measures and Amendment: Stlall Section 811 of August 20. 1998 is the last date to the City Charter be amended to file rebuttal arguments for printing bar the City from discriminating and distribution to the voters. against, or from favoring, a City Copies of the; rm3aslli'es are avail- employee or person seeking able in the CityOlerk'soffice, employment with the City, on the The polls wi" M open between basis of pOlitical opinion or aHilia- the hours of 7 (i.m. and 8 p.m. tions or membership in a lawful /s/ RHONDA PELLlN, ~ employees association, or City Clerk because of race, color, religion, Dated: July 8, 199a gender, national origin, age, sexu' al orientation, phYSical or mental G3764 disability, or veteran's status? PUBLISH July 13, 1998 PUBL.IC NOTICE / 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 Election was held in the City of Gilroy and consolidated with the Statewide Gubernatorial General Election on November 3, 1998 for the purpose of submitting Measures K, L, M & N to the voters of said City; and to wit: K CHARTER AMENDMENT. 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? L CHARTER AMENDMENT. Shall Section 811 of the City Charter be amended to bar the City from discriminating against, or from favoring, a City employee or person seeking employment with the City, on the basis of political 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? M 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? N 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 for any fund or department are not affected by the transfer during any fiscal year? 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 and against each measure in the City 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 25th day of November, 1998. '- ,\ ... , Ii" "T~ t {~' '" .. ;1:,....>. I;., 'i< l:_.~ .)-~ \ \41. '.I> 4 ~ /- Registrar of Voters t \ \~ \ ~ \ . I' ~. ~ ' ' \ , , ~ J \ ' ~ " \, ('J } '4. ,.{' ~ \. 't. --'" \ '( I \ . ' "'\'{!~ I' '(, . !{t\\.. " ,.. 11/25/98 3:03 PM November 3,1998 Statement of Votes GENERJtt. tLECTlON '98 407 Measures 25 K. L, M, N - - - - c c c c z z z z w w w w :; :; :; :; c( c( c( c( r;r; r;r; r;r; r;r; w w w w c: .. ~ ~ ~ ~ 0 III C r;r; oc a: a: III :.: c( ...J <( :; c( c( ;:; U :c :c :c z :c l'lI '5 w 0 w 0 w 0 w 0 ... III r;r; r;r; r;r; ... >- >- a: III ~ 0 ::l :::> :::> >- :::> >- '01 I: Ul 0 III Ul 0 III UJ 0 III UJ 0 III II ii :i c( a: 41 0 <( r;r; 41 0 <( II: 41 0 <( r;r; 41 0 W ...J >- Z W ...J >- Z W ...J >- Z W ...J >- Z a: m I- :; c:; :; c:; :; c:; :; c:; ~9,sl' PQT:W,s 1 833 359 43.1 154 97 185 89 135 114 133 126 39~' pot 3Q~2 622 281 45,2 134 71 154 59 134 74 122 87 395$' pot 3953 762 363 47.6 165 65 206 66 164 89 164 101 3954 - POT 3954 501 185 36.9 66 64 97 46 64 73 69 73 3955 - POT 3955 718 320 44,6 129 91 168 65 130 93 125 106 3956 - POT 3956 434 169 38.9 70 42 84 38 66 48 65 47 3~~7, pcr 617 244 39.5 96 74 124 56 75 95 75 96 M~,pCr 635 275 43.3 103 102 147 71 76 125 99 111 3~~, ; pot 491 263 53.6 122 60 152 39 116 67 118 71 3960 . POT 3960 739 373 50,5 183 99 242 59 179 111 154 140 3962 - POT 3962 839 273 32.5 105 92 131 67 91 106 89 115 3964 - POT 3964 560 263 47.0 118 64 139 49 122 49 114 76 ~!l$.. ' POT~!l$ 693 335 48.3 176 74 218 52 185 73 166 93 3~,PCT :W67 749 354 47.3 190 60 224 66 183 95 181 102 3969"POT~ 764 291 38.1 122 62 172 45 106 100 126 91 3970 - POT 3970 609 258 42.4 123 64 142 54 108 85 109 84 3974 - POT 3974 649 265 40,8 123 90 178 45 124 91 127 94 3978 . POT 3978 457 240 52.5 127 51 147 42 121 63 119 68 3~?~+!'CT3IIt!l 5S5 274 49.4 132 74 165 49 131 69 115 92 ~~.!i9 F~OT3~~~ 619 278 44.9 124 81 152 64 106 104 115 102 39~" PeT :wal 656 337 51.2 161 97 232 46 164 94 170 103 3962 - POT 3962 815 357 43.8 152 94 219 60 156 113 148 123 3983 ' PCT 3983 347 164 47.3 92 30 108 26 87 38 84 43 8000 126 - ABS 126 14666 1670 11.4 705 465 947 306 718 471 737 511 Absentee T otslS 14668 1670 11.4 705 465 947 306 718 471 737 511 Gram;lTQ\sls 14666 8191 55.9 3672 2223 4733 1559 3543 2440 3524 2655