Ordinance 2014-09I
ORDINANCE NO. 2014-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING PROVISIONS OF CHAPTER 17A
OF THE CITY CODE ENTITLED "PUBLIC MEETINGS
AND PUBLIC RECORDS"
WHEREAS, in 2008 the City of Gilroy ( "City ") City Council adopted the City's Open
Government Ordinance, which is codified in Chapter 17A of the City Code and entitled "Public
Meetings and Public Records "; and
WHEREAS, the City Council wishes to amend the existing terms of commission
members serving on the Open Government Commission to four (4) years; and
WHEREAS, sections of the ordinance require edits and corrections to provide for
consistency with the California Government Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 17A, Article IV, section 17A.35 (b) of the Gilroy City Code is hereby repealed in
its entirety and a new section 17A.35 (b) is added to read as follows:
(b) From on or about January, 2016, the term of each newly appointed member sitting on
the open government commission shall be four (4) years, unless earlier removed by the city
council. Those members appointed to two (2) year terms in January, 2013 shall have terms
extended to January, 2016, and those members appointed to two (2) year terms in January, 2014
shall have their terms extended to January, 2018.No person shall serve more than two (2)
consecutive full terms on the commission. In the event of such removal or in the event a vacancy
otherwise occurs during the term of office of any appointive member, a successor shall be
appointed for the unexpired term of the office vacated in a manner similar to that described
herein for the initial members. The commission shall elect a chair from among its appointive
members. The term of office as chair shall be one (1) year. Members of the commission shall
serve without compensation.
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Chapter 17A, Article II, section 17A.8 of the Gilroy City Code is hereby repealed in its
entirety and a new section 17A.8 is added to read as follows:
"17A.8 Agenda disclosures — Closed sessions"
In addition to the brief general description of items to be discussed or acted upon in open
and public session, the agenda posted pursuant to Government Code Section 54954.2, any mailed
notice given pursuant to Government Code Section 54954.1 and any call and notice delivered to
the local media and posted pursuant to Government Code Section 54956 shall specify and
disclose the nature of any closed sessions by providing all of the following information:
(1) With respect to a closed session held pursuant to Government Code Section 54956.7:
LICENSE/PERMIT DETERMINATION
applicant(s)
The space shall be used to specify the number of persons whose applications are to be
reviewed.
(2) With respect to every item of business to be discussed in closed session pursuant to
Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property:
Person(s) negotiating:
Under negotiation:
Price: _ Terms of payment: _ Both: _
The space under "Property" shall be used to list an address, including cross streets where
applicable, or other description or name which permits a reasonably ready identification of each
parcel or structure subject to negotiation. The space under "Person(s) negotiating" shall be used
to identify the person or persons with whom negotiations concerning that property are in
progress. The spaces under "Under negotiation" shall be checked off as applicable to indicate
which issues are to be discussed.
(3) With respect to every item of business to be discussed in closed session pursuant to
Government Code Section 54956.9, either:
CONFERENCE WITH LEGAL COUNSEL
Existing Litigation:
Case Name
Court
Case Number
Unspecified to protect service of process
Unspecified to protect settlement posture
or:
Anticipated Litigation:
As defendant
As plaintiff
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The space under "Existing Litigation" shall be used to specifically identify a case under
discussion pursuant to Government Code Section 54956.9(d) (1) including the case name, court,
and case number, unless the identification would jeopardize the city's ability to effectuate service
of process upon one or more unserved parties, in which instance the space in the next succeeding
line shall be checked, or unless the identification would jeopardize the city's ability to conclude
existing settlement negotiations to its advantage, in which instance the space in the next
succeeding line shall be checked. If the closed session is called pursuant to Government Code
Section 54956.9 (d) (2), (3) or (4) , the appropriate space shall be checked under "Anticipated
Litigation" to indicate the city's anticipated position as defendant or plaintiff respectively. If
more than one instance of anticipated litigation is to be reviewed, space may be saved by
entering the number of separate instances in the "As defendant" or "As plaintiff' spaces or both
as appropriate.
(4) With respect to every item of business to be discussed in closed session pursuant to
Government Code Section 54957, either:
THREAT TO PUBLIC SERVICES OR FACILITIES
Name, title and agency of law enforcement officer(s) to be conferred with:
PUBLIC EMPLOYEE APPOINTMENT/HIRING
Title /description of position(s) to be filled:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Position and, in the case of a routine evaluation, name of employee(s) being evaluated:
or:
PUBLIC EMPLOYEE DISMISSAL/DISCIPLINE/RELEASE
Number of employees affected:
(5) With respect to every item of business to be discussed in closed session pursuant to
Government Code Section 54957.6, either:
CONFERENCE WITH NEGOTIATOR -- COLLECTIVE BARGAINING
Name and title of City's negotiator:
Organization(s) representing:
Anticipated issue(s) under negotiation
_ Wages
_ Hours
_ Benefits
Working Conditions
_ Other (specify if known)
_ All
Where renegotiating a memorandum of understanding or negotiating a successor
memorandum of understanding, the name of the memorandum of understanding. In case of
multiple items of business under the same category, lines may be added and the location of
information may be reformatted to eliminate unnecessary duplication and space, so long as the
relationship of information concerning the same item is reasonably clear to the reader. As an
alternative to the inclusion of lengthy lists of names or other information in the agenda, or as a
means of adding items to an earlier completed agenda, the agenda may incorporate by reference
separately prepared documents containing the required information, so long as copies of those
documents are posted adjacent to the agenda within the time periods required by Government
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Code Sections 54954.2 and 54956 and provided with any mailed or delivered notices required by
Government Code Section 54954.1 or 54956
SECTION II
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION III
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
PASSED AND ADOPTED this 4`h day of August, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO,
LEROE- MUNOZ, TUCKER, and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: WOODWARD
APPROVED:
� 64,40 4. *
Donald Gage, Mayor
ATTEST:
k A A
hawna Freels, City Clerk
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2014 -09 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 4`l' day of August, 2014, 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 6"' day of August, 2014.
City Clerk of the City of Gilroy
(Seal)