Resolution 2018-13RESOLUTION NO. 2018-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
CALLING A GENERAL MUNICIPAL ELECTION FOR MUNICIPAL
OFFICES, REQUESTING THE SANTA CLARA COUNTY BOARD OF
SUPERVISORS CONSOLIDATE WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD NOVEMBER 6, 2018 PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION 10403, AND REQUESTING
SERVICES OF THE REGISTRAR OF VOTERS
WHEREAS, Section 1400 of the City 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 for the statewide General Election in each even - numbered year,
commencing with the year 2010, for the election of officers and for such other purpose as the
City Council may prescribe; and
WHEREAS, Section 13307 of the California Election 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.
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date, and that within the City: the precincts,
polling places and election officers of the two elections be the same so that the election be held
in all respects as if there were only one election, and that the Santa Clara County Registrar of
Voters canvass the returns of the General Municipal Election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS
FOLLOWS:
Section 1. A general municipal election is hereby called in the City of Gilroy to be
held on Tuesday, November 6, 2018, for the purposes of election of four (4) Councilmembers.
Section 2. Pursuant to Section 13307 of the California Elections Code, each
candidate for elective office to be voted for in the City of Gilroy on November 6, 2018, may
prepare a candidate's statement on an appropriate form provided by the City Clerk, as the City's
Election Official, or her designee. 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
RESOLUTION NO. 2018-13
qualifications expressed by the candidate himself or herself. The statement shall not include the
party affiliation of the candidate, nor membership or activity in partisan political organizations.
Any candidate's statement submitted shall be limited to a recitation of the candidate's own
personal background and qualifications, and shall not in any way make reference to other
candidates for that office or to another candidate's qualifications, character, or activities.
Section 3. The candidate's statement shall be filed in the office of the City Clerk
when the candidate's nomination papers are returned for filing. Except as provided in California
Elections Code Section 13309, 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 4. The candidate shall be required to pay for one half of the cost of printing
the candidate's statement.
Section 5. No candidate will be permitted to include additional materials in the
sample ballot package, and the City Clerk or her designee shall provide each candidate or their
representative with a copy of this Resolution at the time nomination papers are issued.
Section 6. The City Council hereby requests, consents to and orders that the general
municipal election be consolidated with the other district or statewide elections to be held on
Tuesday, November 6, 2018, 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; return results canvassed
and certified to the City Clerk, and all other proceedings in connection with the election to be
regulated and completed by the Registrar of Voters of Santa Clara County.
Section 6. 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 7. Pursuant to California Elections Code Section 10262 (b), the City Clerk,
upon receipt of the results of the consolidated election, shall certify the results to the City
Council no later than the next regularly scheduled meeting of the City Council following the
presentation of the returns, or at a special meeting called for this purpose, to declare the results
and to install the newly elected officers.
Section 8. Pursuant to California Elections Code Section 10403, the Board of
Supervisors of the County of Santa Clara is hereby requested to consent and agree to the
RESOLUTION NO. 2018-13
consolidation of a General Municipal Election with the Statewide General election on Tuesday,
November 6, 2018, for the purposes of the election of Officers, and the City Clerk shall file with
the Board of Supervisors and the Santa Clara County Registrar of Voters certified copies of this
resolution at least eighty -eight (88) days prior to the herein referenced general municipal
election.
Section 9. The Santa Clara County Registrar of Voters is authorized to canvass the
returns of the General Municipal Election. The City of Gilroy recognizes that additional costs
will be incurred by the County by reason of this consolidation and agrees to reimburse the
County for any and all related costs of consolidation.
Section 10. The City Council acknowledges that the consolidated election will be held
and conducted in accordance with the provisions of law regulating the Statewide Election in the
manner prescribed in California Elections Code Section 10418.
Section 11. As required by California Elections Code Sections 12101 and 12102, the
City Clerk shall publish the notice of said election in the City no earlier than the 127th day before
the election, and no later than the 113th day before the election to fill offices.
PASSED AND ADOPTED on this 4th day of June, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY,
LEROE- MUNOZ, TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
Freels,
RESOLUTION NO. 2018-13
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2018 -13 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 4th day of June, 2018, 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 June, 2018.
Shawna Freels, MMC
City Clerk of the City of Gilroy
(Seal)