Resolution 1993-37
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RESOLUTION NO. 93- 37
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; ADOPTING THE PROVISIONS OF ELECTIONS
CODE SECTION 5014.5 REGARDING REBUTTAL ARGU-
MENTS; AND RESCINDING RESOLUTION NO. 93-35
WHEREAS, the Santa Clara County Open Space Authority Act,
Public Resources Code sections 35100 et seg., 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, which resolution stated
the City'S intent to be included within the Authority'S jurisdic-
tion; 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 to place the
matter as an advisory measure on the November 1993 General Munici-
pal Election ballot, and
WHEREAS, this Council, at its regular meeting on June 21,
1993, did adopt Resolution No. 93-35 calling a special municipal
election and requesting its consolidation with the general election
on November 2, 1993, and this Council now desires to modify said
resolution.
RESOLUTION NO. 93 - 37
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NOW, THEREFORE, BE IT RESOLVED THAT:
I.
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.
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 permi t 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
RESOLUTION NO. 93 - 37
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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;
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 Council finds, pursuant to Title 14 of the Califor-
nia Code of Regulations, sections 15061(b) (3) and 15378(a), that
this resolution 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.
IX.
This Council hereby adopts the provisions of section
5014.5 of the California Elections Code allowing for, and regulat-
ing the preparation and submission of, rebuttal arguments concern-
ing city ballot measures.
RESOLUTION NO. 93 - 37
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PASSED AND ADOPTED this 28th day of
June
, 1993
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Resolution No. 93-35, is hereby rescinded.
by the following vote:
AYES:
COUNCILMEMBERS: GILROY, liALE, KLOECKER, NELSON,
ROv~ISON, VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
APPROVED:
~e~~Jl7
ATTEST:
~~0
Susanne E. Steinmetz,
.~
lerk
RESOLUTION NO. 93 - 37
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Official Seal of the City of Gilroy this 22nd day of
June
,1993.
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 93-37
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
4U4~rdz ~
City Clerk of the City of Gilro
(Seal)