Resolution No. 2022-42 | Amending Submission of Charter Ballot Amendment | Adopted 07/05/2022
RESOLUTION NO. 2022-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING THE SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY OF A CERTAIN
MEASURE RELATING TO THE PROPOSED CITY
CHARTER AMENDMENT AT THE SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8,
2022, AS CALLED BY RESOLUTION NO. 2022-36
WHEREAS, pursuant to authority provided by the California Constitution, Article XI and
the Government Code, Title 4, Division 2, Chapter 2 (commencing at Section 34450) and the
Election Code Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the State of
California, the City Council of the City of Gilroy desires to submit to the voters a proposed charter
amendment relating to construction contract procurement and the bidding process, and to place the
measure on the ballot for the next General Election on November 8, 2022; and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed
charter amendment to the voters; and
WHEREAS, a Special Municipal election on Tuesday, November 8, 2022 has been called
by Resolution No. 2022-36, adopted on June 20, 2022, which also approved certain associated
actions and authorizations, all relating to a proposed charter amendment to be submitted to the
voters, and
WHEREAS, the City Council desires to amend the proposed charter amendment language
relating to the priority of using the local newspaper if available for use considering the timeliness
of advertisements with any deadlines imposed for projects.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy
that:
Section 1. Exhibit A of Resolution No. 2022-36 is hereby amended and restated,
and incorporated as Exhibit A of this resolution.
Section 2. All other provisions of Resolution No. 2022-36 remain in full effect.
Section 3. This resolution shall take effect immediately upon adoption.
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Resolution No. 2022-42
Amending Submission of Charter Amendment
City Council Regular Meeting | July 5, 2022
Page 1 of 1
PASSED AND ADOPTED this 5th day of July, 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUÑOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
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EXHIBIT A TO RESOLUTION NO. 2022 -XX
That the citizens of the City of Gilroy do hereby enact the following amendment to the
City Charter:
1. That Section 1109 of the City Charter be amended to read as follows:
Section 1109. Contracts for Public Projects.
Every public project involving an expenditure of City monies greater than the amount
allowed for informal bidding pursuant to Section 22032 of the California Public Contract
Code, or successor statute, as the same may be amended from time to time, for the
construction or improvement of public buildings, works, drains, sewers, utilities, parks
and streets (exclusive of projects for maintenance and repair of streets) shall be let by
contract to the lowest responsive and responsible bidder, or through best value
contracting, after notice by one or more of the following methods:
A. Publication in a newspaper of general circulation in the City by one or more
insertions, the first of which shall be at least seven (7) days before the time for
opening bids. This method of publication shall be used if available;
B. Publication electronically so that the notice is publicly available to the general
community of potential bidders;
C. Publication in a trade journal specified by the Uniform Cost Accounting Act
Commission by one or more insertions, the first of which shall be at least seven
(7) days before the time for opening bids; or
D. By using a list of qualified contractors, which includes responsible contractors
who have bid in the past and qualified contractors who ask to be included on the
list.
The Council may reject any and all bids, if deemed excessive or unsatisfactory and
readvertise for bids, or provide for the work to be procured in the open market, but in no
case of open market procurements shall the price paid be higher than the responsible
low bid rejected.
The Council, without advertising for bids, following the adoption of a resolution declaring
that the project can be performed more economically by day labor, or the materials or
supplies furnished at a lower price in the open market, may have the project done in the
manner stated without further complying with the provisions of this section.
For contracts equal to or in excess of One Million Dollars ($1,000,000) the Council may
negotiate and award a Design-Build Contract without formal public bidding if the Council
finds that such a contract would save money or result in faster project completion. The
process for competitively selecting a design-build contractor shall be consistent with the
California Public Contract Code.
2. That Section 1111 of the City Charter be amended to read as follows:
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EXHIBIT A TO RESOLUTION NO. 2022 -XX
Section 1111. Contracts for Official Advertising.
The City shall procure services for the official advertising in a newspaper of general
circulation in the City in accordance with the California Government Code and the City’s
purchasing policy.
3. That Section 1503(h) of the City Charter be amended to read as follows:
(h) “Newspaper of general circulation within the City” is as defined by the Government
Code of the State of California.
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CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2022-42 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 held on Council
held Tuesday, July 5, 2022, 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 Tuesday, July 5, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)
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