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Resolution 2016-631 RESOLUTION NO. 2016-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING THE CERTIFICATION OF THE CANVASS OF THE GENERAL MUNICIPAL ELECTION AND DECLARING RESULTS OF SAID ELECTION HELD IN THE CITY OF GILROY ON NOVEMBER 8, 2016 BE IT RESOLVED, by the City Council of the City of Gilroy, California that; WHEREAS, by order of this City Council a general municipal election was held and conducted in the City of Gilroy on Tuesday, the 8h day of November, 2016 as required by law and the Charter of said City as amended; and WHEREAS, notice of said general election was duly and legally given; voting precincts were properly established; election officers were appointed and election supplies furnished; and in all respects the election was held and conducted, and the votes cast there at received and canvassed, and the returns thereof made, determined and declared in time, form and manner as required by the Charter of said City as amended and the general laws of the State providing for and regulating municipal elections in said City; and WHEREAS, the Registrar of Voters did conduct the canvass of the returns of said municipal election and did count the vote by mail ballots cast thereat, pursuant to direction and order of the City Council of the City; and WHEREAS, said canvass was duly completed and the results thereof were certified by the City Clerk and submitted to this Council. NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED, as follows: 1. Said municipal election was held and conducted in the City of Gilroy, County of Santa Clara, State of California on Tuesday, November 8, 2016 in the time and in the form and manner as required by law. 2. That there were established twenty -five (25) voting precincts for the purpose of RESOLUTION NO. 2016-63 2 holding said municipal election consisting of either regular election precincts established for holding state or county elections, or a consolidation of some or all of such precincts, as follows: CONSOLIDATED PRECINCT NO. 3951, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3952, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3953, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3954, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3955, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3958, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors CONSOLIDATED PRECINCT NO. 3959, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors CONSOLIDATED PRECINCT NO. 3960, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3962, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3964, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3965, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3969, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3970, comprising state and county precincts RESOLUTION NO. 2016-63 3 designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3971, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3972, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3976, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3 98 1, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3982, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3983, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors CONSOLIDATED PRECINCT NO. 3984, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3985, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3986, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3989, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3992, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3993, comprising state and county precincts designated as established by the Santa Clara County Board of Supervisors. 3. The canvass of the returns of the votes cast and the counting of vote -by -mail ballots cast in said City for the Office of Mayor and the Office of City Council Member was duly held RESOLUTION NO. 2016-63 4 by the Registrar of Voters in accordance with the order of the Council and in accordance with law, and the Registrar of Voters has executed a certificate of the results of such canvass, which certificate is hereto attached, as Exhibit "B" and by this reference is made a part hereof. 4. The canvass of the returns of the votes cast and the counting of vote by mail ballots cast in said City for Measure H was duly held by the Registrar of Voters in accordance with the order of the Council and in accordance with law, and the Registrar of Voters has executed a certificate of the results of such canvass, which certificate is hereto attached as Exhibit "B" and by this reference is made a part hereof. 5. The measure voted upon, the number of votes received in favor of and against said measure in each of said precincts and by vote by mail votes, together with the whole number of votes which the measure received in the entire city, are shown on said Exhibit "B ", hereto attached. 6. At said municipal election the following measure passed with 11,972 votes: Measure H. "Shall an ordinance be adopted to amend the Gilroy General Plan to add an Urban Growth Boundary line (UGB) to the General Plan Land Use Plan Map, designate lands outside the UGB as Open Space and prohibit urban development on such lands, and provide that (with limited exceptions) such restrictions may not be amended or repealed until December 31, 2040 without a vote of the people ?" 7. Per Elections Code Section 10262 (b), said certificate of results has been examined by the City Clerk and has been certified by her to be complete, which certification is hereto attached, as Exhibit "A" and by this reference is made a part hereof . 8. Said certificate has been examined and is hereby approved and adopted by this City Council as the official canvass of said municipal election as required by Elections Code Section 10263. 9. The whole number of votes cast in the City of Gilroy at said municipal election, including vote -by -mail votes was 19,503. 10. The names of the persons voted for, the offices for which they were voted, the RESOLUTION NO. 2016-63 5 number of votes received by each of said persons in each of said precincts and by vote by mail votes, and the votes cast for and against measure H are shown on said Exhibit "B ", attached hereto. 11. At said general municipal election held in the City of Gilroy held on November 8, 2016, the following persons were elected to the following offices: ROLAND VELASCO was elected Mayor to hold office for a term of four years, from and after Monday, December 19, 2016, and continuing until his respective successor shall qualify. FRED M TOVAR was elected a member of the City Council to hold office for a term of four years, from and after Monday, December 19, 2016, and continuing until his respective successor shall qualify. CAT TUCKER was elected a member of the City Council to hold office for a term of four years, from and after Monday, December 19, 2016, and continuing until her respective successor shall qualify. PAUL V. KLOECKER was elected a member of the City Council to hold office for a term of four years, from and after Monday, December 19, 2016, and continuing until his respective successor shall qualify. 12. The City Clerk shall make out and deliver to each of the persons elected a certificate of election, witnessed by her hand and duly authenticated. She shall also provide the constitutional oath of office to each elected official, and ask them to subscribe thereto. 13. The City Clerk shall enter this resolution in full in the minutes of this City Council as a statement of the result of said general municipal election. vote: PASSED AND ADOPTED this 19'' day of December, 2016 by the following roll call AYES: COUNCILMEMBERS: AULMAN, BRACCO, HARNEY, LEROE- MUNOZ, TUCKER, VELASCO and WOODWARD NOES: COUNCILMEMBERS: NONE RESOLUTION NO. 2016-63 ABSENT: COUNCILMEMBERS: NONE RESOLUTION NO. 2016 -63 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2016 -63 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 19'b day of December, 2016 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 20th day of December, 2016. n i Shawn reels, MMC i erk of the City of Gilroy (Seal)