09 Attachment 3 - Amended Resolution Calling the Election1 of 3
Resolution 2020- March 3, 2020
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CALLING AND GIVING NOTICE OF A MUNICIPAL ELECTION
TO BE HELD NOVEMBER 3, 2020 FOR THE SUBMISSION TO THE VOTERS
OF AN INITIATIVE AMENDING THE TOWN CODE
TO ESTABLISH TERM LIMITS FOR THE TOWN COUNCIL
WHEREAS, on October 7, 2019, a Notice of Intent to Circulate a Petition titled “A
Citizens Initiative Measure Amending the Town Code to Limit the Time a Person May Serve on
the Town Council to Two Consecutive Terms” (the “Initiative”) was filed with the Town’s
Elections Official with a request that a title and summary be prepared for the measure ; and
WHEREAS, the Town Attorney provided a title and summary for the proposed Initiative
to the proponents; and
WHEREAS, the petitions regarding the Initiative were filed with the Elections Official on
January 16, 2020 bearing unverified signatures; and
WHEREAS, to qualify for the November 3, 2020, ballot, proponents were required to
obtain signatures of ten percent (10%) of the registered voters of the Town; and
WHEREAS, the Town Clerk and Town Attorney have found that the petition’s form
complies with the Elections Code; and
WHEREAS, the County Elections Division has examined the records of voter registration
and has certified that the Petition is signed by the requisite number of voters to qualify for the
election; and
WHEREAS, the Town Council wishes to consolidate the Municipal Election with the
Statewide Election to be held on November 3, 2020, and that the precincts, polling places, and
elections officers of the two elections be the same within the Town; and that the Santa Clara
County Elections Department canvass the returns of the Municipal Election, and that the
elections be held in all respects as if one election.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos
does Declare, Determine, and Order as Follows:
SECTION 1. Pursuant to the laws of the State of California relating to general law cities there is
called and ordered to be held in the Town of Los Gatos, California, on Tuesday, November 3,
2020, a Municipal Election. ATTACHMENT 3
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Resolution 2020- March 3, 2020
SECTION 2 Pursuant to Elections Code § 9214, subdivision (b) and § 1405, subdivision (a)(1), the
Town Council hereby orders the Initiative to be placed on the ballot without alteration and does
order the following question submitted to the voters at the Special Municipal Election:
Shall the measure proposing a term limit
ordinance to require that after serving two (2)
four (4) year terms, a Town Council Member is not
eligible to run for the Town Council or to be
appointed to a vacancy unless a period of four
years has elapsed since their last service on Town
Council, be adopted?
YES
NO
SECTION 3. The text of the ballot measure is attached to this resolution as Exhibit A. The text of
the measure shall be printed in the ballot materials; copies of the exhibits to the measure shall
be available for public inspection in the Town Clerk’s office and on the Town’s website at
www.losgatosca.gov.
SECTION 4. The Town Council directs the Town Clerk to transmit a copy of the measure to the
Town Attorney and directs the Town Attorney to prepare an impartial analysis of the measure
pursuant to Elections Code § 9280.
SECTION 5. Arguments in favor of or against the measure shall be submitted to the Town Clerk
on or before August 4, 2020 by 5:00 p.m. under Elections Code section 9286 et seq. If the Town
Clerk receives more than one argument for and/or against, the priorities establ ished by
Elections Code section 9287 shall control.
SECTION 6. Rebuttal arguments shall be controlled by the provisions of Elections Code section
9285. The deadline for filing rebuttal arguments shall be August 11, 2020, by 5:00 p.m.
SECTION 7. The initiative measure shall pass only if a majority of the votes cast by voters voting
on the measure are “yes” votes.
SECTION 8. Pursuant to Elections Code commencing with Section 10400, the Town Council
hereby requests the Board of Supervisors of the County of Sa nta Clara to order the
consolidation of the general municipal election to be conducted within the boundaries of the
Town of Los Gatos on November 3, 2020, with respect to which the Board of Supervisors of the
County of Santa Clara has the power to order a consolidation. The Town Council further
consents to and orders the consolidation of the general municipal election hereby called with
the statewide general election and acknowledges that the consolidated election will be held
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Resolution 2020- March 3, 2020
and conducted in the manner prescribed in Section 10418.
SECTION 9. The Town Clerk is hereby authorized and directed to publish a notice of the general
municipal election within the time and in the manner specified in the Elections Code Section
12112. The Town Clerk is further authorized and directed to do all other things required by law
to hold the general municipal election above provided.
SECTION 10. The Town Clerk is hereby authorized and directed to certify to the adoption of this
resolution and to transmit a certified copy to the Board of Supervisors of the County of Santa
Clara and to the Registrar of Voters of the County of Santa Clara.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos this 3rd day of March 2020 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSTAINED:
ABSENT:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________