Ordinance 2008-09
ORDINANCE NO. 2008-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY,
CALIFORNIA, REQUESTING CONSOLIDATION OF ITS GENERAL MUNICIPAL
ELECTION DATE FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY OF
NOVEMBER IN ODD-NUMBERED YEARS TO THE FIRST TUESDAY AFTER THE
FIRST MONDAY OF NOVEMBER IN EVEN-NUMBERED YEARS
WHEREAS, the pursuant to the City's Charter, the City's General Municipal Election is
now scheduled for the first Tuesday after the first Monday of November in odd-numbered years;
and
WHEREAS, pursuant to the Charter of the City of Gilroy Section 1505 and 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; and
WHEREAS, the City Council has proposed an amendment to the Charter relating to the
holding of general municipal elections in each even-numbered year; and
WHEREAS, the California Election Code sections 1301 and 10403.5 authorize the City
to reschedule its General Municipal Election from the first Tuesday after the first Monday of
November in each odd-numbered year to the first Tuesday after the first Monday of each even-
numbered year; and
WHEREAS, the California Election Code section 10403.5 reqUIres the Board of
Supervisors to approve any consolidation request; and
WHEREAS, the existing Charter provision proposed for amendment is Section 1400.
THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS
FOLLOWS:
Section I. The City Council has proposed the herein described amendment to the Charter of the
City of Gilroy by Resolution No. 2008-29, dated June 16,2008, and duly submitted said resolution
ORDINANCE NO. 2008-09
07290B-D4706083
to the Registrar of Voters, and directed that the herein described amendment shall be duly submitted
to the electors of said City for ratification at a special municipal election, said election to be
consolidated with the general municipal election to be held on November 4, 2008.
Section II. The Charter is proposed to be amended as follows:
By amending Section 1400 so that Section 1400 of the Charter shall read in its entirety as
follows:
Section 1400. General Municipal Election. A general municipal election shall be
held on the regular election date established by the Elections Code of the State of
California for the statewide General Election, as it now exists or may hereafter be
amended, in each even-numbered year, commencing with the year 2010, for the
election of officers and for such other purposes as the City Council may prescribe.
Notwithstanding Section 402 of this Charter, any City Councilmembers whose
terms of office would have expired prior to 2010 shall continue in their offices
until their successors are elected and qualified, but in no event shall the term be
extended beyond December 31, 2010.
Notwithstanding Section 402 of the Charter, any City Councilmembers whose
terms of office would have expired prior to 2012 shall continue in their offices
until their successors are elected and qualified, but in no event shall the term be
extended beyond December 31, 2012.
Section III. The City of Gilroy is a municipal corporation in the County of Santa Clara,
organized and existing under and by virtue of the laws of the State of California, and operating
under a Charter adopted pursuant to the provisions of the Constitution of the State of California.
Pursuant to City Charter Sections 601 and 608, this Ordinance shall become effective
immediately upon its adoption provided that, pursuant to Election Code section 10403.5, this
Ordinance shall only become operative upon approval by the Santa Clara County Board of
Supervisors.
Section IV. The City Clerk shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published according to law.
ORDINANCE NO. 2008-09
07290B-D4706083
The foregoing ordinance was introduced and adopted at a regular meeting of the City Council
held on August 4, 2008, by the following vote:
AYES:
NOES:
ABSENT:
07290B-D47060B3
ARELLANO, BRACCO, TUCKER, and
PINHEIRO
DILLON, GARTMAN, WOODWARD
NONE
~~
Al Pinheiro, Mayor
City of Gilroy
ORDINANCE NO. 2008-09
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2008-09 is an original ordinance, or true and correct copy of a city
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 4th day of August, 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 August, 2008.
OJ
Sh_ reels, CMC
City Clerk of the City of Gilroy
(Seal)