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Resolution No. 2022-25 | Calling the General Municipal Election | Adopted 05/16/2022RESOLUTION NO. 2022-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING A GENERAL MUNICIPAL ELECTION FOR MUNICIPAL OFFICES, REQUESTING THE SANTA CLARA COUNTY BOARD OF SUPERVISORS CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION TO BE HELD NOVEMBER 8, 2022 PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403, AND REQUESTING SERVICES OF THE REGISTRAR OF VOTERS WHEREAS, § 1400 of the City Charter of the City of Gilroy provides that a general municipal election shall be held on the regular election date established by the Elections Code of the State of California for the statewide Election in each even-numbered year, commencing with the year 2010, for the election of officers and for such other purpose as the City Council may prescribe; and WHEREAS, § 13307 of the California Election Code provides that the City may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement. WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date, and that within the City that the election be held in all respects as if there were only one election, and that the Santa Clara County Registrar of Voters canvass the returns of the General Municipal Election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: Section 1. A General Municipal Election is hereby called in the City of Gilroy to be held on Tuesday, November 8, 2022, for the purposes of election of three (3) Councilmembers, at large, each for four (4) year full terms. Section 2. Pursuant to § 13307 of the California Elections Code, each candidate for elective office to be voted for in the City of Gilroy on November 8, 2022, may prepare a candidate’s statement on an appropriate form provided by the City Clerk, as the City’s Election Official, or her designee. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. Any candidate’s statement submitted shall be limited to a recitation of the candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. Section 3. The candidate’s statement shall be filed in the office of the City Clerk when the candidate’s nomination papers are returned for filing. Except as provided in California Elections Code Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. DocuSign Envelope ID: 8EBD543A-F50D-4747-A556-3A023EABCAB6 Resolution No. 2022-XX Calling for Election City Council Regular Meeting | May 16, 2022 Page 2 of 3 Section 4. The candidate shall be required to pay for one half of the cost of printing handling, and mailing said candidate’s statement, one half of the estimated costs to be paid at the time of submittal of said candidate statement. Section 5. No candidate will be permitted to include additional materials in the sample ballot package, and the City Clerk or his designee shall provide each candidate or their representative with a copy of this Resolution at the time nomination papers are issued. Section 6. Pursuant to Elections Code Sections 10551 and 15651 and Gilroy City Charter Section 402, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the city, Council shall proceed to determine the election of such candidates by lot. Section 7. That pursuant to § 10522 of the Elections Code of the State of California, a current map showing the City boundaries has been submitted to the Registrar of Voters. Section 8. The City Council hereby requests, consents to and orders that the general municipal election be consolidated with the other district or statewide elections to be held on Tuesday, November 8, 2022, and that upon consolidation the election shall be held and conducted; election officers appointed; ballots and elections guides printed and mailed; election supplies provided; polls opened and closed; ballots opened and returned; return results canvassed and certified to the City Clerk, and all other proceedings in connection with the election to be regulated and completed by the Registrar of Voters of Santa Clara County. Section 9. Said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Section 10. Pursuant to California Elections Code § 10262 (b), the City Clerk, upon receipt of the results of the consolidated election, shall certify the results to the City Council no later than the next regularly scheduled meeting of the City Council following the presentation of the returns, or at a special meeting called for this purpose, to declare the results and to install the newly elected officers. Section 11. Pursuant to California Elections Code § 10403, the Board of Supervisors of the County of Santa Clara is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purposes of the election of Officers, and the City Clerk shall file with the Board of Supervisors and the Santa Clara County Registrar of Voters, certified copies of this resolution at least eighty-eight (88) days prior to the herein referenced General Municipal Election. Section 12. Pursuant to the provisions of Elections Code § 10002, The Santa Clara County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The City of Gilroy recognizes that additional costs will be incurred by the County by rea son of this consolidation and agrees to reimburse the County for any and all related costs of consolidation. DocuSign Envelope ID: 8EBD543A-F50D-4747-A556-3A023EABCAB6 Resolution No. 2022-XX Calling for Election City Council Regular Meeting | May 16, 2022 Page 3 of 3 Section 13. The City Council acknowledges that the consolidated election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election in the manner prescribed in California Elections Code § 10418. Section 14. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 15. As required by California Elections Code § 12101 and 12102, the City Clerk shall publish the notice of said election in the City no earlier than the 127th day before the election, and no later than the 113th day before the election to fill offices. Section 16. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution. Section 17. The City Clerk is directed to cause the notice of the election to be published in accordance with the provisions of the California Elections Code. The notice of the General Municipal Election provided for herein shall be published in a newspaper of general circulation within the City of Gilroy. PASSED AND ADOPTED on this 16th day of May 2022, by the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON, LEROE-MUÑOZ, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: Marie Blankley, Mayor ATTEST: ___________________________________ Thai Nam Pham, City Clerk DocuSign Envelope ID: 8EBD543A-F50D-4747-A556-3A023EABCAB6 CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2022-25 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, May 16, 2022, 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 Monday, May 16, 2022. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal) DocuSign Envelope ID: 8EBD543A-F50D-4747-A556-3A023EABCAB6