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Resolution 2008-29 RESOLUTION NO. 2008-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PROPOSING AN AMENDMENT TO THE CITY CHARTER TO THE ELECTORS OF THE CITY FOR THE MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 2008. 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 City Charter and submit said amendments to the electors of this city for ratification 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 ballot measure which proposes to amend the City Charter by amending Section 1400, as such proposals were adopted by the City Council at its duly noticed and regular meeting on June 16, 2008; and WHEREAS, the City Council desires to propose an amendment to the Charter relating to the holding of general municipal elections in each even-numbered year; and WHEREAS, the existing Charter provisions proposed for amendment is Section 1400. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: Section 1. A special municipal election is hereby called by the City Council to be held on Tuesday, November 4, 2008, at which election there will be submitted to the qualified electors of said City a ballot measure proposing to amend the Charter of the City as set forth below. Section 2.. The form of Measure [ ], proposed by the City Council to add a new Section 1400 to the City Charter, as the same is to appear on the ballot is as follows: -1- \JH\762445.4 n~nansLnA7n~nR1 Resolution No. 2008-29 MEASURE [ ]; Charter Amendment In order to consolidate with the county\vide elections and to help reduce the City's election costs, shall the Charter SectIon 1400 be amended to provide that the City's general municipal election shall be held in each even-numbered year commencing with the year 2010 and extending the existing Council terms by one year? YES NO [Spanish translation of same.] Section 3. 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 measures. Section 4. The City Council hereby requests, consents to and orders that the above stated ballot measure be proposed to the electors of the City of Gilroy at the special municipal election previously called and consolidated with the general election to be held on Tuesday, November 4, 2008, and that said 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 be regulated and done by the Registrar of Voters of the County of Santa Clara. Section 3. Pursuant to Section 10403 of the Elections Code, the City Clerk is hereby directed to file with the Board of Supervisors and the Registrar of Voters of the County of Santa -2- \JH\762445.4 n~nanR,nA7n~nR' Resolution No. 2008-29 Clara certified copies of this Resolution at least eighty-eight (88) days prior to the herein referenced general municipal election. Section 4. 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 "Measures To Be Voted On" and shall conform to the requirements of Section 12111 ofthe Elections Code. Section 5. 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 16th day of June 2008, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, TUCKER, and PINHEIRO NOES: COUNCILMEMBERS: DILLON, GARTMAN, and WOODWARD ABSENT: COUNCILMEMBERS: NONE ~~ ert llheiro, Mayor -3- \JH\762445.4 nl;nanR_nA7nl;nR~ Resolution No. 2008-29 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2008-29 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 Council held on the 16th day of June, 2008, 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 5th day of July, 2008. -) (i /_ (Seal)