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City of Pleasanton
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CITY CLERK
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2008
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071508
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17
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7/10/2008 11:39:04 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/15/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
17
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These ballot language options are only suggestions. The Council may decide to phrase <br />the ballot question in another manner, subject to the 75 word limit set by State law. <br />Deadlines for Arguments and Impartial Analysis <br />Based on the election calendar circulated by the Alameda County Registrar of Voters, <br />staff recommends that August 15, 2008 be established as the deadline for submitting <br />direct arguments, which are required by State law. <br />In contrast, the Council has the option to decide whether or not to allow rebuttal <br />arguments. The Council's past procedure has been to allow rebuttal arguments. Staff <br />recommends that this procedure be followed for this City-sponsored initiative measure <br />on the November 2008 ballot. <br />As State law specifies that rebuttal arguments are due no later than ten days after the <br />direct arguments, staff recommends that the deadline for rebuttal arguments be set as <br />August 22, 2008. <br />These deadlines are incorporated into the attached resolution. The resolution also <br />directs the City Attorney to prepare an impartial analysis of the initiative measure by <br />August 8, 2008. <br />Ballot Arguments by Council <br />The Elections Code provides that the City Council, any Council member, any registered <br />voter, or any combination of voters, may file a written argument in favor of or against the <br />initiative measure. Arguments may be signed by up to five persons and are distributed <br />with the sample ballot. If more than one argument is received, the Elections Code sets <br />the priority in which arguments are selected for publication, as follows: (i) the Council, or <br />any member(s) of the Council authorized by the Council; (ii) the sponsor of the measure; <br />(iii) association of citizens; and (iv) individual voters. <br />If the Council decides to write an argument in favor of the initiative measure, staff <br />recommends that the Council proceed with one of the following options: <br />Option A: To comply with State open meeting laws (e.g. the Brown Act), select a <br />subcommittee of one or two Council members to draft the argument (which is <br />limited to 300 words). Then, if three or more Council members wish to <br />discuss the language and sign the argument2, such conversation needs to <br />take place at a noticed public hearing. To meet the August 15 deadline, a <br />special meeting would be needed. <br />Option B: Select a subcommittee of two Council members to draft and sign the <br />argument, then delegate to this subcommittee the selection of three other <br />third parties to co-sign the argument (for a maximum of five signers). The <br />z If fewer than five Council members sign the argument, delegate to the subcommittee the selection of third parties <br />to co-sign the argument, for a total of five signatories. <br />Page 4 of 5 <br />
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