Charter Amendment - November 1998RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Rhonda Pellin, City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 16403138
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BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Filed at the request of
City
Titles:] / Pages: 11
Fees....- No Fees
Taxes...
Copies..
AMT PAID
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Certification and Authentication
For Copies of Text of
Charter Proposals
For November, 1998
RDE # 010
8/05/2002
3 :02 PM
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TED MP
Citp of 01"trop
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
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 5th day of November, 1996, 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.
ATTE
Rhonda Pellin, City Clerk
(Per Government Code Section 34460)
�z
/s/ Thomas W. Sprin er ate
Mayor, City of Gilroy
(Seal)
Charter Changes — 1996
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. (Amended by vote of the electors on November 5, 1996)
Section 903. (Deleted by vote of the electors on November 5, 1996)
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 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 otherwise provided, the City Administrator shall provide a secretary for the
recording of the minutes of each of 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. (Amended by vote of the electors on November 5, 1996)
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 recommend to the City Administrator and Council the five
year Capital Improvement Budget;
(c) Exercise such functions with respect to land use, including but not limited to
planning, zoning, subdivisions, public building, parks, streets and housing, as may be
prescribed by ordinance, not inconsistent with the provisions of this Charter;
(d) Recommend to the Council for adoption and implementation plans for the
clearance, rehabilitation, redevelopment or renewal of sub - standard areas within the City;
(e) Recommend to the Council for adoption and implementation such plans as are
designed to promote the most beneficial and orderly growth and development of the City;
and
(f) Perform such other duties as may be prescribed by the Council not inconsistent
with the provisions of this Charter. (Amended by vote of the electors on November 5,
1996)
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 /she 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 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 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. (Amended by vote of the
electors on November 5, 1996)
ARGUMENT IN FAVOR OF MEASURE I" �
Charter Amendment
Section 903 of the Gilroy City Charter was needed in 1960 to ensure a smooth transition
of elected officials when the City changed from a General Law City to a Charter City. This
provision was needed at that ti me and serves no purpose in 1996. To aid in the Charter "clean-
up" the City Council recommends that you pass Measure L.
City Council of Gilroy,
Mayor Donald F. Gage
ARGUMENT IN FAVOR OF MEASURE k
Charter Amendment
Section 611 of the City of Gilroy Charter limits the punishment for violation of local
ordinances to those punishments that were allowed in 1960. State law has chanced during _ the
past 36 years. The City Charter should be updated to allow the courts the same' limits of
punishment now allowed by State law. To aid in the City Charter "clean -up" the City Council
recommends that you pass Measure .y0 .
tL aj
City Council of Gilroy,
Mayor Donald F. Gage
ARGUMENT IN FAVOR OF MEASURE
Charter Amendment
Section 904 of the Gilroy City Charter sets the basic procedures for operation of the
various City boards and commissions. This proposed amendment will help to expedite public
proceedings by:
allowing the secretary to each board or commission in addition to the City Clerk to
post agendas and provide notice of meetings; and
2. allowing each board or commission to make a recommendation to the C_ ity Council
by a majority vote of a quorum rather than a majority vote of the entire membership
of each board or commission.
To help the City hold more timely meetings on public issues, the City Council
recommends that you pass Measure) .
City Council of Gilroy,
Mayor Donald F. Gage
ARGUMENT IN FAVOR OF MEASURE
Charter Amendment
This proposed amendment to Section 906 of the Gilroy City Charter will delete obsolete
duties and .simplify the procedures for the Planning Commission during their annual review of
the five -year Capital Improvement Budget. The Planning Commission will still annually review
and make recommendations to the City Council on the Capital Improvement Budget. To aid in
the Charter "clean -up" the City Council recommends that you pass Measure r.
City Council of Gilroy,
Mayor Donald F. Gage
ARGUMENT IN FAVOR OF MEASURE Q
Charter Amendment
Section 907 of the City Charter was adopted in 1960 to specify the powers and duties of
the Personnel Commission. The proposed Charter amendment will comply with changes in State
law and update the duties of the Personnel Commission to reflect modern Human Resources
practices. To aid in the Charter "clean -up" the City Council recommends that you pass Measure
Jt
City Council of Gilroy,
Mayor Donald F. Gage
' COUNTY OF SANTA CLARA
STATE OF CALIFORNIA
I am a citizen of the United States and a resident
of the County aforesaid. I am over the age of
eighteen years, and not a party to or interested in
the above entitled matter. I am the printer and
principal clerk of the publisher of The Dispatch,
printed and published in the City of Gilroy, County
of Santa Clara, Slate of California, daily, for which
said newspaper has been adjudged a newspaper
A general circulation by the Superior Court of the
,ounly of Santa Clara, State of California, under
.he date of July 10, 1961, Action No. 80709, that
he notice of which the annexed Is a printed copy,
1as been published in each issue thereof and not
n any supplement thereof on the. following dates,
o wit:
JULY 31, 1996
certify (or declare) under penalty of perjury that
he foregoing Is true and correct and that this
leclaration was executed at Gilroy, California on
JULY 31, 19 96
(Dale)
n
(Signature)
avilan NeJvspepers
he Dispatch
O. Box 22365
100 Monterey Rd.
ilroy, CA 95020
f, pu
CTTY OP GTT.RQY NOTTCE OP FLECTION
Proof of Publication
3.E (): Charter
'. Lr IEd :Cr)ly VIi61lG1 IVOnc�,w va,r, l'!. °.-
NOTICE OF'ELECTIOfN cedures and requirements to more
NOTICE iS- HEREBY GIVEN that accurately .reflect:cUrrent practices
a consolidated.general and special and -:ao comply with the lawfi I :re.-
municipal election will be held in the quirements of the. State, specifically
City of Gilroy on Tuesday, Novem by amending section 906 (about
ber 5, 1996, at which time election-the function of the Planning Com-
the following measures are to be3mis04ri).
voted on: MEASURE O:_ Charter Amend
MEASURE ( ):,Charter Amend inent This - measure would amend
ment:; This measure would amend the Chy'Charter to amend City pro -
the City Charter to delete an obso- :cedures :and, requirements to more
lete procedural referenceto the first accurately reflect current practices
City Charter election held in. 1960 and' to comply with the lawful re-
specifically by `amending..Section quirements of the State; specifically
903 (about existing boards iri bji. amending Secton 907 (about
1960). ithe.- function, powers, and; duties' of
MEASURE!:( ) :.Charter Amend the Personnel Commission).
ment. This measure would amend PLEASE TAKE NOTICE that
the City Charter to amend City pro- pursuant to elections Code sec -
cedures and requirements to more tions 9285 and 9286,. August 16,
accurately reflect current practices 1996, . is the last date to file with the
and to comply with the lawful re- City Clerk direct arguments on any
quirements of the State, specifically of these measures and August. 26;
by amending Section 611 (about 1996, is the last date to file rebuttal
enforcing violations of City ordi- arguments for printing and distribu-
-nances. tion to the voters.
MEASURE (): Charter Amend- The polls will be open between
n-Wnt. This measure would amend the hours of 7 a.m. and 8 p.m.
the City Charter to amend City pro- /s /Susanne E. Steinmetz,
cedures and requirements to more City Clerk
accurately reflect- current practices Dated: July 25, 1996
and to comply with the lawful re-. G3021
quirements of the State, specifically PUBLISH` July 31, 1996.
by amending Section 904 (about
board and commission. meetings
and the election of chairmen).
COUNTY OF SANTA CLA'RA
STATE OF CALIFORNIA
I am a citizen of the United Slates and a resident
of the County aforesaid. I am over the age of
eighteen years, and not a party to or interested in
the above entitled matter. I am the printer and
principal clerk of the publisher of The Dispatch,
printed and published in the City of Gilroy, County
of Santa Clara, Stale of California, daily, for which
said newspaper has been adjudged a newspaper
31 general circulation by the Superior Court of the
.,ounly of Santa Clara, State of California, under
he date of July 10, 1961, Action No. 80709, that
he notice of which the annexed Is a printed copy,
ias been published in each Issue thereof and not
n any supplement thereof on the. following dates,
o wit:
JULY 31, 1996
certify (or declare) under penally of perjury that
he foregoing is true and correct and that this -
leclaration was executed at Gilroy, California on
JULY 31, 19 96
(Dale)
(Signalure)
avilan Ne*spapers.
he Dispatch
O. Box 22365
100 Monterey Rd.
ilroy, CA 95020
Plot a Was) •k
Proof of
and the election of chairmen).
EXHIBIT , "A"
IICertifioate of (election iluttltg
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 SPECIAL MUNICIPAL ELECTION was held in the CITY
OF GILROY and consolidated with the Statewide Presidential General Election on
November 5, 1996 for the purpose of submitting Measures M, N, O, P and Q to the voters
of said City; and to wit:
M CHARTER AMENDMENT. Shall the City Charter be amended to delete Section
903„ an obsolete procedural reference to the election of 1960 that terminated the
terms of office members of boards and commissions in existence at that time?
N CHARTER AMENDMENT. Shall Section 611 of the City Charter be amended to
allow the City to update the penalties imposed when the City prosecutes.
misdemeanor violations of its ordinances to the maximum extent allowed by law?
O CHARTER AMENDMENT. Shall Section 904 of the City Charter be amended to
authorize the Secretary of any City board or commission, in addition to the City
Clerk, to perform administrative tasks for that board or commission, and to allow any
City board or commission to make recommendations by a majority vote of a quorum
while continuing to require a majority vote of the entire membership of any City
board or commission to take final actions?
P CHARTER AMENDMENT. Shall Section 906 of the City Charter be amended to
simplify the obligation of the Planning Commission to annually review and
recommend to the City Administrator and Council the five year Capital Improvement
Budget?
Q CHARTER AMENDMENT. Shall Section 907 of the City Charter be updated and
amended to delete obsolete duties of the Personnel Commission while continuing
to require the Commission to advise the City on personnel matters and 'hear
appeals of employees in disciplinary actions?
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
Thfit the Statement of Votes Cast, hereto attached, shows the whole number of
votes cast for and against Measures M, N, O, P and Q in the CITY OF GILROY, and in
each of the respective precincts; and that the totals shown for each measure are true and
correct.
WITNESS my hand and Official Seal this 2nd day of December, 1996.
Registrar of Voters
11/27/96 269
PRESIDENTIAL GENERAL ELECTION, NOVEMBER S, 1996
CITY OF GILROY NEASURES N, N, 0. P D Q
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