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:
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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
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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
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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.
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(Seal)