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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 WH\518892.1 01.()60604706002 -1- 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 \JH\518892.1 01.Q60604706002 -2- 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 UH\518892.1 01.080604706002 -3- 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 UH\518892.1 01-060604706002 -4- 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)