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14
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2016
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071916
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11/30/2016 1:50:11 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/19/2016
DESTRUCT DATE
15Y
DOCUMENT NO
14
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B. Impartial Analysis. Elections Code §9280 provides that when a measure qualifies for <br />the ballot, the Council may refer the measure to the City Attorney to "prepare an impartial <br />analysis of the measure showing the effect of the measure on existing law and the <br />operation of the measure." The impartial analysis is different than the ballot title and <br />summary that simply state the "purpose of the proposed measure" and is prepared by <br />the City Attorney for petition circulation. (See Elections Code §9203.) <br />Staff recommends that Council authorize the City Attorney to prepare the impartial <br />analysis for the ballot measure, per past practice. Based on the current calendar for the <br />November 8th election, staff recommends that the City Attorneys impartial analysis (not <br />to exceed 500 words) be completed by July 28, 2016. <br />C. Ballot Argument Due Dates. Arguments for and against a ballot measure are <br />allowed by Elections Code § §9281 et seq. It has been the City's practice to allow both <br />direct and rebuttal arguments, and it is recommended that this practice continue for the <br />current initiative. <br />The timing for submitting arguments is set by the Elections Code and by the Alameda <br />County Registrar of Voters to meet printing deadlines. Staff proposes that direct <br />arguments (limited to 300 words) be due on August 18, 2016, and rebuttal arguments <br />(limited to 250 words) be due on August 25, 2016. <br />D. Council Argument Opposing Initiative. Elections Code §9282 provides that when a <br />measure is placed on the ballot by petition, "the persons filing an initiative petition <br />pursuant to this article may file a written argument in favor of the ordinance, and the <br />legislative body may submit an argument against the ordinance." Therefore, the Council, <br />as the "legislative body"', must decide whether to write a direct argument opposed to the <br />initiative.2 If Council writes such an argument, these are options to consider: <br />1. Write argument at public meeting. Council would need to schedule a special <br />meeting for Tuesday August 9`h to write the argument; which must be signed and <br />submitted by August 18th. <br />2. Subcommittee writes argument. Select two members to write the argument. <br />a. The subcommittee is delegated the authority to select other persons to sign <br />the argument for a total of five persons. <br />b. Other councilmembers can sign the argument so long as there is no editing <br />of the argument. <br />If the Council decides to write an argument, it can select different Councilmembers to <br />write the rebuttal. If different writers are wanted, it is recommended that the Council <br />As the Elections Code allows the Council to write the argument as the "legislative body ", it would be <br />listed as "By the Pleasanton City Council" followed by names and titles of those who sign the argument. <br />Councilmembers who do not support an argument against the initiative may still be asked by the initiative <br />proponents to be one of the five signatories of the proponents' argument in favor of the initiative. <br />5 <br />
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