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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: CITY ATTORNEY
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Subject: Selection of authors relative to
ballot arguments on measures before the
voters at the City's Special Municipal
Election to be held November 5, 2002.
From: JAMES F. PENMAN
City Attorney
Date: July 30, 2002
Synopsis of Previous Council Action:
7/1 5/02 -
Council adopts resolutions placing before the voters ballot measures on (I) Transient Lodging
Tax, (2) Mayor's Salary and (3) Council Members' Salary.
8/05/02 -
Council to consider adoption of resolutions placing before the voters a ballot measure on
Fireworks Prohibition.
Recommended motion:
Discuss and take possible action in authorizing designated person(s) to write ballot arguments on all or some
of the following topics of measures before the voters at the City's Special Municipal Election to be held
November 5, 2002:
I. Transient Lodging Tax.
2. Mayor's Salary.
3. Council Members' Salary.
4. Fireworks Prohibition.
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Signature
Contact person:
James F. Penman
Phone:
5255
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Agenda Item No.
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Council Notes:
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STAFF REPORT
Council Meeting Date: August 5. 2002
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
July 30, 2002
Selection of authors relative to ballot arguments on measure before the voters
at the City's Special Municipal Election to be held November 5, 2002.
At the July 15, 2002 Mayor and Common Council meeting, action was taken on a series of
resolutions which has resulted in three ballot measures being placed before the voters at the
November 5, 2002 election. These ballot measures (two of which are Charter Amendments) concern
(1) transient lodging tax, (2) Mayor's salary and (3) Council members' salary.
At the August 5, 2002 Mayor and Common Council meeting, there are resolutions to be
considered which would place a fourth ballot measure before the voters at the same election relative
to fireworks prohibition.
The agenda item concerning the selection of authors relative to ballot arguments is placed
before the Mayor and Common Council for consideration pursuant to California Elections Code
Section 9287:
"~9287. Priority for selection of arguments to be printed and distributed to
voters
If more than one argument for or more than one argument against any city
measure is submitted to the city elections official within the time prescribed,
he or she shall select one of the arguments in favor and one of the arguments
against the measure for printing and distribution to the voters. In selecting
the argument the city elections official shall give preference and priority, in
the order named, to the arguments ofthe following:
(a) The legislative body, or member or members ofthe legislative body
authorized by that body.
(b) The individual voter, or bona fide association of citizens, or combination
of voters and associations, who are the bona fide sponsors or proponents of
the measure.
(c) Bona fide associations of citizens.
(d) Individual voters who are eligible to vote on the measure."
Given the priority in state law to arguments authored by "the legislative body, or member
or members of the legislative body authorized by that body," the Mayor and Common Council may
wish to discuss and take possible action in authorizing designated person(s) to write ballot arguments
on all or some of the ballot measures which will be voted on at the November 5, 2002 election.