Resolution 2001-35
RESOLUTION NO. 2001-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY CALLING A GENERAL MUNICIPAL ELECTION FOR
MUNICIPAL OFFICERS AND A SPECIAL MUNICIPAL
ELECTION FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORS OF THE CITY AN AMENDMENT TO THE CITY
CHARTER; ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S
STATEMENTS SUBMITTED TO THE VOTERS; AND
REQUESTING CONSOLIDATION OF ELECTIONS WITH THE
GENERAL ELECTION TO BE HELD NOVEMBER 6, 2001, AND
REQUESTING SERVICES OF THE REGISTRAR OF VOTERS.
WHEREAS, Section 1400 of the Charter of the City of Gilroy provides that a general
municipal election shall be held on the regular election date established by the Election Code of
the State of California in each odd-numbered year for the election of officers and for such other
purposed as the Council may prescribe; and
WHEREAS, section 13307 of the California Elections 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; and
WHEREAS, pursuant to the Charter of the City of Gilroy Section 1505, and California
Government Code section 34458, the City Council is authorized to propose amendments to the
Charter and submit said amendments to the electors of this city for ratification at a special election
called for that purpose, or at any established municipal election date provided there are at least
eighty-eight (88) days before the election; and
WHEREAS, the Council desires to submit to the qualified electors of the City of Gilroy a
measure which propose to amend the Charter of the City by amending Section 60 I, as said proposal
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RESOLUTION NO. 2001-35
Shall Section 60 I of the City Charter be amended to change the
vote requirement, from a unanimous vote of the City Council to
waive the reading of a proposed ordinance in full, to a majority
vote to be consistent with state law?
YES
was adopted by the City Council at its duly noticed and regular meeting on June 18, 200 I.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
Section I.
A general municipal election is hereby called in the City of Gilroy to be held
on Tuesday, November 6, 2001, for the purposes of election of three (3) City Councilmembers.
Section 2.
A special municipal election is hereby called in the City of Gilroy to be held
on Tuesday, November 6, 2001, at which election there will be submitted to the qualified electors
of said City measure proposing to amend the Charter of the City as set forth in Section 3 below.
Section 3.
The form of Measure [ ], proposed by motion of the City Council to amend
Section 601 of the City Charter, as the same is to appear on the ballot is as follows:
MEASURE [ ]; Charter Amendment
NO
[Spanish translation of same.]
Section 4.
Pursuant to section 13307 of the Elections Code, each candidate for
elective office to be voted for at an election to be held in the City of Gilroy on November 6,
2001, may prepare a candidate's statement on an appropriate form provided by the City Clerk.
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 party affiliation of the candidate,
nor membership or activity in partisan political organizations. The statement shall be filed (in
typewritten form) in the office of the City Clerk at the time the candidate's nomination papers are
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RESOLUTION NO. 2001-35
RESOLUTION NO. 2001-35
filed. 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.
Section 5.
The candidate shall not be required to pay for the cost of printing the
candidate's statement. This section shall apply at the next ensuing municipal election and at each
municipal election thereafter.
Section 6.
No candidate will be permitted to include additional materials in the
sample ballot package, and the City Clerk shall provide each candidate or the candidate's
representative a copy of this Resolution at the time nominating petitions are issued.
Section 7.
Pursuant to Section 9280 of the Elections Code, the City Clerk is directed to
transmit a copy of this Resolution to the City Attorney for preparation of an impartial analysis of
the ballot measure showing the effect of the measure on existing law and the operation of the
measure.
Section 8.
The City Council hereby requests, consents to and orders that the special
municipal election be consolidated with the general municipal election and other district or
statewide election to be held on Tuesday, November 6, 2001, and that upon consolidation, the
election shall be held and conducted, election officers appointed, voting precincts designated,
ballots printed, election supplies provided, polls opened and closed, ballots opened and returned,
returns canvassed and certified to the City Council, and all other proceedings in connection with the
election to be regulated and done by the Registrar of Voters of the County of Santa Clara. 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 9.
Pursuant to Section 10403 of the Elections Code, the City Clerk is hereby
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RESOLUTION NO. 2001-35
directed to file with the Board of Supervisors and the Registrar of Voters of the County of Santa
Clara certified copies of this Resolution at least eighty-eight (88) days prior to the herein referenced
general municipal election.
Section 10. Pursuant to Section 12111 of the Elections Code, the City Clerk is hereby
directed to publish a synopsis of the measures in a newspaper of general circulation published and
circulated in the City. The notice shall be headed "Measure To Be Voted On" and shall conform to
the requirements of Section 12111 of the Elections Code.
Section 11. The City Clerk is hereby directed to publish the Notice of said Election as
required by Section 12109 of the Elections Code.
PASSED AND ADOPTED this 18th day ofJune, 2001, by the following vote:
AYES: COUNCILMEMBERS:
G. ARELLANO, P. ARELLANO, MORALES,
PINHEIRO and SPRINGER
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS: SUDOL, VELASCO
APPROVED:
--?f::~ ~ -
Thomas W. Springer, or
ATIES) 7/:/7
W;~~~.
Rhonda Pellin, City Clerk
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2001-35 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 18th day ofJune, 2001, at which meeting a
quorum was present.
the City of Gilroy this 3rd day ofJuly, 200 I.
~~.
City Clerk of the City of Gilroy
(Seal)