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Resolution No. 2022-36 | Charter Amendment Ballot Measure | Adopted 06/20/2022RESOLUTION NO. 2022-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING AND GIVING NOTICE OF, ON ITS OWN MOTION, THE SUBMISSION TO THE ELECTORS OF THE CITY OF GILROY AT A SPECIAL MUNICIPAL ELECTION, TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION ON NOVEMBER 8, 2022, A BALLOT MEASURE PROPOSAL TO AMEND SECTIONS 1109, 1111 AND 1503 OF THE CITY OF GILROY CITY CHARTER TO MODIFY CONSTRUCTION CONTRACT PROCUREMENT AND THE BIDDING PROCESS WHEREAS, a General election on Tuesday, November 8, 2022, has been called by Resolution No. 2022-25, adopted on Monday, May 16, 2022, and WHEREAS, pursuant to authority provided by the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at Section 34450) and the Election Code Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the State of California, the City Council of the City of Gilroy desires to submit to the voters a proposed charter amendment relating to construction contract procurement and the bidding process, and to place the measure on the ballot for the next General Election on November 8, 2022; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendment to the voters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy that: Section 1. A Special Municipal Election is hereby called and ordered to be held in the City of Gilroy on November 8, 2022 to vote on a ballot measure to amend Sections 1109 and 1111 of Article XI, and Section 1503 of Article XV of the Gilroy City Charter to modify construction contract procurement and the bidding process, which shall be deemed ratified, pursuant to Government Code Section 34459, if a majority of the electors voting on the measure vote to approve the measure. The full text of the proposed City Charter amendment is attached as Exhibit A and incorporated by reference in this Resolution. Section 2. The ballot measure will be placed on the ballot for the November 8, 2022 election which shall be substantially in the following form: MEASURE_______ Construction Contract Procurement and Public Noticing Modernization Shall the City of Gilroy Charter be amended to:  Modify the bidding threshold from $35,000 to the amount authorized by California Public Contract Code Section 22032;  Establish authority to procure for Design-Build and Best Value contracts;  Allow modernization of public noticing? YES NO DocuSign Envelope ID: 081D9078-097A-430C-B366-B2F74D25D4A3 Resolution No. 2022-36 Charter Amendment City Council Regular Meeting | June 20, 2022 Page 2 of 3 Section 3. That the vote requirement for the measure to pass is a majority (50% +1) of the votes cast. Section 4. The City Council hereby requests the Board of Supervisors of the County of Santa Clara, California to permit the Registrar of Voters of Santa Clara County to render to the City of Gilroy such services as the City Clerk of the City of Gilroy may request relating to the conduct of the above-described Special Municipal Election with respect to the following matters: Coordination of election precincts, polling places, voting booths, voting systems and election officers; printing and mailing of voter pamphlets; preparation of the tabulation of the results of votes cast and all other services necessary to conduct an election. Section 5. The City Council hereby requests, consents to, and orders that the Registrar of Voters of the County of Santa Clara consolidate the Special Municipal Election called and ordered to be held on November 8, 2022 with any other election that may be held on that date. Section 6. The City Council hereby authorized the Board of Supervisors of Santa Clara County, California to canvass the returns of the Special Municipal Election. Section 7. The City Council hereby directs the City Clerk to reimburse the County of Santa Clara in full for any of the above-mentioned services which may be performed by the Registrar of Voters, upon presentation of a bill to the City, with funds already appropriated to the City Clerk for election purposes. Section 8. The City Council hereby directs the City Clerk to take all actions necessary to facilitate the Special Municipal Election in the time frame specified herein and comply with provisions of the Elections Code of the State of California, City Charter, Ordinances, Resolutions and Policies regarding the conduct of the Special Municipal Election. Section 9. Pursuant to Section 12111 of the Cali fornia Elections Code, the City Council hereby directs the City Clerk to: (a) cause a synopsis of the proposed measure to be published at least one time not later than one week before the election in the Gilroy Dispatch, a newspaper of general circulation within the City of Gilroy; (b) consolidate the Notice of Measure to be Voted with the Notice of Election into a single notice; (c) cause copies of the full text of the proposed measure set forth in the attached Exhibit A to be printed in the Voter Information Portion of the Sample Ballot; (d) cause copies of the Sample Ballot to be mailed to each of the qualified electors of the City of Gilroy; and (e) do all other things required by law to submit the specified measure above to the electors of the City of Gilroy at the Special Municipal Election, including causing the full text of the proposed measure to be made available in the Office of the City Clerk at no cost and posted on the City Clerk's website. DocuSign Envelope ID: 081D9078-097A-430C-B366-B2F74D25D4A3 Resolution No. 2022-36 Charter Amendment City Council Regular Meeting | June 20, 2022 Page 3 of 3 Section 10. Pursuant to Sections 9282 and 9285 of the California Elections Code, the City Council hereby approves the submittal of direct arguments for and against the ballot measure, if any, and authorizes the City Council or any member or members of the Council to author and submit a ballot measure argument in favor of the ballot measure and approves the submittal of rebuttal arguments in response to arguments for and against the ballot measure and authorizes the City Council or any member or members of the City Council to author and submit a rebuttal, if any. Section 11. The City Council hereby directs the City Clerk to transmit a copy of the measure qualifying for placement on the ballot to the City Attorney for preparation of an impartial analysis. Section 12. The City Council hereby acknowledges that the consolidated election will be held and conducted in the manner prescribed in California Elections Code Section 10418. Section 13. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of June, 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON, LEROE-MUÑOZ, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: MARQUES APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk DocuSign Envelope ID: 081D9078-097A-430C-B366-B2F74D25D4A3 EXHIBIT A TO RESOLUTION NO. 2022-36 4890-7867-2418v1 NON-BC\04706083 That the citizens of the City of Gilroy do hereby enact the following amendment to the City Charter: 1. That Section 1109 of the City Charter be amended to read as follows: Section 1109. Contracts for Public Projects. Every public project involving an expenditure of City monies greater than the amount allowed for informal bidding pursuant to Section 22032 of the California Public Contract Code, or successor statute, as the same may be amended from time to time, for the construction or improvement of public buildings, works, drains, sewers, utilities, parks and streets (exclusive of projects for maintenance and repair of streets) shall be let by contract to the lowest responsive and responsible bidder, or through best value contracting, after notice by one or more of the following methods: A. Publication in a newspaper of general circulation in the City by one or more insertions, the first of which shall be at least seven (7) days before the time for opening bids; B. Publication electronically so that the notice is publicly available to the general community of potential bidders; C. Publication in a trade journal specified by the Uniform Cost Accounting Act Commission by one or more insertions, the first of which shall be at least seven (7) days before the time for opening bids; or D. By using a list of qualified contractors, which includes responsible contractors who have bid in the past and qualified contractors who ask to be included on the list. The Council may reject any and all bids, if deemed excessive or unsatisfactory and readvertise for bids, or provide for the work to be procured in the open market, but in no case of open market procurements shall the price paid be higher than the responsible low bid rejected. The Council, without advertising for bids, following the adoption of a resolution declaring that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market, may have the project done in the manner stated without further complying with the provisions of this section. For contracts equal to or in excess of One Million Dollars ($1,000,000) the Council may negotiate and award a Design-Build Contract without formal public bidding if the Council finds that such a contract would save money or result in faster project completion. The process for competitively selecting a design-build contractor shall be consistent with the California Public Contract Code. 2. That Section 1111 of the City Charter be amended to read as follows: EXHIBIT A TO RESOLUTION NO. 2022-36 4890-7867-2418v1 NON-BC\04706083 Section 1111. Contracts for Official Advertising. The City shall procure services for the official advertising in a newspaper of general circulation in the City in accordance with the California Government Code and the City’s purchasing policy. 3. That Section 1503(h) of the City Charter be amended to read as follows: (h) “Newspaper of general circulation within the City” is as defined by the Government Code of the State of California. CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2022-36 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, June 20, 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, June 20, 2022. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal) DocuSign Envelope ID: 081D9078-097A-430C-B366-B2F74D25D4A3