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Resolution 1993-35 . . RESOLUTION NO. 93- 35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING A SPECIAL MUNICIPAL ELECTION FOR AN ADVISORY MEASURE TO BE HELD IN THE CITY OF GILROY ON NOVEMBER 2, 1993; REQUESTING SERVICES OF REGISTRAR OF VOTERS; REQUESTING CONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTION WHEREAS, the Santa Clara County Open-Space Authority Act, Public Resources Code sections 35100 et seq., creates the Santa Clara County open-Space Authority (referred to hereinafter as the "Authority") as of February 1, 1993; and WHEREAS, said Act provides that each city within the maximum jurisdictional boundaries of the Authority shall pass a resolution stating its intent to be included within the Authority's jurisdiction by January 15, 1993; and, WHEREAS, this city Council, at its regular meeting of January 4, 1993, did adopt Resolution 93-2 by a vote of [6-1], which resolution stated the City's intent to be included within the Authority's jurisdiction; and, WHEREAS, the issue of whether the City should be included in the Authority is important to the citizens of Gilroy and potentially controversial in light of the open space in and around the city; and, WHEREAS, this Council adopted a motion by a [unanimous] vote to place the matter as an advisory measure on the November 1993 General Municipal Election ballot. NOW, THEREFORE, BE IT RESOLVED THAT 1. A special municipal election is hereby called to be held in the city of Gilroy on Tuesday, November 2, 1993, for the purpose of submitting to the voters of the City of Gilroy an "Advisory Vote Only" proposal, pursuant to Elections Code Section 5353. RESOLUTION NO. 93 - 35 -1- =::r . . II. The advisory measure, hereinafter designated as "Measure [ ]", shall read exactly as follows: CITY OF GILROY MEASURE r 1 ADVISORY VOTE ONLY Should the city of Gilroy be included within the Santa Clara County open Space Authority? [Spanish translation of same] III. The city Clerk shall give notice of the said election in accordance with law and to perform all other acts which are required for the holding and conducting of the said election, including pUblication of notice of the election in the format and by the deadline established by law. IV. Pursuant to Elections Code section 22003, the Board of Supervisors of the county is hereby requested to permit the Registrar of Voters of the County of Santa Clara to assist the city of Gilroy in doing all things necessary to accomplish this election in accordance with law, including designation of the consolidated precincts, printing, counting and returning of ballots, canvassing of returns and certifying such canvass to this Council. V. This Council further requests that the special municipal election be consolidated with the general statewide election to be held on Tuesday, November 2, 1993, and that upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots opened and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by the Registrar of Voters of the county of Santa Clara or any body or official authorized by law to perform such functions and canvass the returns of the elections; RESOLUTION NO. 93 - 35 -2- , . . and that this Council consents to such consolidation. VI. The city Clerk is hereby directed to transmit a copy of this resolution to the City Attorney, who shall thereupon prepare an impartial analysis of the measure that shows the effect of the measure on the existing law as well as the operation of the measure, pursuant to Elections Code section 5013. VII. This city council finds, pursuant to Title 14 of the California Code of Regulations, sections 15061(b) (3) and 15378(a), that this ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") in that it is not a Project which has the potential for causing a significant effect on the environment. VIII. The City Clerk is hereby authorized and directed to certify to the due adoption of this resolution and to transmit a copy hereof so certified to the Board of Supervisors of the County and to file a copy hereof so certified with the County Clerk and Registrar of Voters of the county. PASSED AND ADOPTED this 21 s t day of June , 1993 by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROIVLISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None A'1"1~ d'tt...;. - ~~e E. Steinmetz, city Cl~k RESOLUTION NO. 93 - 35 -3- Official Seal of the City of Gilroy this 22nd day of June ,1993. . .. . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 93-35 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21st day of June , 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the ,,;, ~f1:.;{f City Clerk of the (Seal)