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13
City of Pleasanton
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CITY CLERK
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2008
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030408
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11/29/2016 4:00:57 PM
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2/29/2008 3:27:59 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
3/4/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
13
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signatures represents 115% of the total number of signatures needed to qualify the <br />referendum petition. <br />As prescribed in sections 9114 and 9240 of the Elections Code, if the petition is found <br />sufficient, the elections official shall certify the results of the examination to the City <br />Council at the next regular meeting of the council. Accordingly, the City Clerk, as the <br />City's election official, was prepared to certify the results to the City Council at its <br />January 15, 2008 meeting. <br />Before that meeting, however, the property owners obtained a temporary restraining <br />order preventing the City Clerk from certifying the results to the City Council. Moreover, <br />on February 21, the Court issued a tentative decision that the referendum petition did not <br />have attached to them all the documents required by the State Elections Code. At the <br />time of the writing of this staff report, however, (February 28), the Court has not issued a <br />final decision on that issue. <br />In the event, however, that the City Clerk is no longer prevented from certifying the <br />sufficiency of the number of signatures at the Council's March 4 meeting, this staff report <br />addresses the options that will be available to the Council. <br />DISCUSSION <br />As set forth in Elections Code, Section 9241, once the City Clerk has certified the <br />sufficiency of the number of signatures, the legislative body must either repeal the <br />ordinance against which the petition has been filed or submit the ordinance to the voters <br />at the next regular municipal election occurring not less than 88 days after the order of <br />the legislative body or at a special election called for the purpose not less than 88 days <br />after the order of the legislative body. The ordinance shall not be effective until a <br />majority of the voters voting on the ordinance vote in favor of it. (Because the <br />Pleasanton Municipal Code does not define the City's "regular municipal election" the <br />definition defaults to State law which would allow the election to take place in conjunction <br />with the State primary election on June 3, 2008.) <br />Accordingly, assuming the City Clerk is not prevented from certifying the sufficiency of <br />the number of signatures, the Council must first determine whether to rescind the <br />ordinance in its entirety or to call for an election. If an election is to be called, Council <br />must determine whether to call for the election for June 3, November 4, or at a special, <br />stand alone election between June 3 and November 4. <br />Once that date is established, Council must adopt ballot language (i.e, how the ballot <br />question will be framed), determine whether the Council wants an impartial analysis <br />prepared by the City Attorney, establish the dates for submittal of ballot arguments and <br />determine if any member of Council will be signatories on the arguments. <br />The timing for submitting arguments is set forth in the State Elections Code. A <br />reasonable date for direct arguments, limited to 300 words, needs to be set. If the <br />Council chooses the June 2008 election date, in order to meet the printing deadlines of <br />the Registrar of Voters Office and provide fora 10-day review period of the direct <br />Page 3 of 4 <br />
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