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Resolution No. 2022-42 | Amending Submission of Charter Ballot Amendment | Adopted 07/05/2022 RESOLUTION NO. 2022-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO THE PROPOSED CITY CHARTER AMENDMENT AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, AS CALLED BY RESOLUTION NO. 2022-36 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; and WHEREAS, a Special Municipal election on Tuesday, November 8, 2022 has been called by Resolution No. 2022-36, adopted on June 20, 2022, which also approved certain associated actions and authorizations, all relating to a proposed charter amendment to be submitted to the voters, and WHEREAS, the City Council desires to amend the proposed charter amendment language relating to the priority of using the local newspaper if available for use considering the timeliness of advertisements with any deadlines imposed for projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy that: Section 1. Exhibit A of Resolution No. 2022-36 is hereby amended and restated, and incorporated as Exhibit A of this resolution. Section 2. All other provisions of Resolution No. 2022-36 remain in full effect. Section 3. This resolution shall take effect immediately upon adoption. DocuSign Envelope ID: A2478A41-DC8F-4F91-84C3-89B29E965525 Resolution No. 2022-42 Amending Submission of Charter Amendment City Council Regular Meeting | July 5, 2022 Page 1 of 1 PASSED AND ADOPTED this 5th day of July, 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: A2478A41-DC8F-4F91-84C3-89B29E965525 EXHIBIT A TO RESOLUTION NO. 2022 -XX 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. This method of publication shall be used if available; 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: DocuSign Envelope ID: A2478A41-DC8F-4F91-84C3-89B29E965525 EXHIBIT A TO RESOLUTION NO. 2022 -XX 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. DocuSign Envelope ID: A2478A41-DC8F-4F91-84C3-89B29E965525 CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2022-42 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 Tuesday, July 5, 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 Tuesday, July 5, 2022. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal) DocuSign Envelope ID: A2478A41-DC8F-4F91-84C3-89B29E965525