CCMIN071508 - Laserfiche WebLink

Initiative is "Save Pleasanton Hills and Housing Cap Initiative", if the word, "citizens' is put in it, could it be litigious. City Attorney Roush said he could not guarantee that if the word, "citizens" is put in, someone couldn't challenge it, but he does not think that the ballot question is the determining factor. What will be in the materials in terms of what voters are voting on will be the title, and putting in the word, "citizens' would not subject the ballot statement into a successful Writ of Mandate. Vice Mayor Thorne said he came to the meeting ready to support Option 4, depending on what he heard from the public. If it were him writing the ballot language, he would do this because it is much more descriptive. Councilmember Cook-Kallio thinks giving voters clear information is important and this does not necessarily do that, and preferred more description. Councilmember Sullivan thinks it is important to keep the question clean and direct. Motion: It was m/s by Sullivan/McGovern to approve Option 1, as amended, to include the word "citizens"'. Motion passed by the following vote: Ayes: Councilmembers McGovern, Sullivan, Thorne Noes: Councilmember Cook-Kallio, Mayor Hosterman Absent: None Abstain: None Motion: It was m/s by McGovern/Sullivan to require an impartial analysis be prepared by the City Attorney. Motion passed by the following vote: Ayes: Councilmembers Cook-Kallio, McGovern, Sullivan, Thorne, Mayor Hosterman Noes: None Absent: None Abstain: None Councilmember Sullivan questioned whether or not a motion was needed on the authors of the ballot argument, and City Attorney Roush said this is needed only if the Council was interested in being the writer of the argument. If not, that portion of the resolution would be deleted and transfer to the petitioners in favor to write the argument; however, if there is interest on the Council to write the argument against the initiative and/or rebuttal, it would be appropriate to take that action at this time. Councilmember Cook-Kallio said she would like to be involved in writing the argument against and could also designate additional signers of no more than two Councilmembers to sign on with her. Councilmember McGovern questioned if she wanted to do a rebuttal to something the Council may put forward later, she hoped the Council would support this issue. Councilmember Sullivan agreed, stating he does not believe the Council should be writing oppositions to citizen's initiatives. Motion: It was m/s by Hosterman/Cook-Kallio that Councilmember Cook-Kallio take the lead in writing the rebuttal to the Citizen's Initiative. Motion passed by the following vote: City Council Minutes 7 July 15, 2008