Res 03-077 RESOLUTION NO. 03-077
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, PROVIDING FOR THE FILING OF'REBUTTAL
ARGUMENTS AND THE IMPARTIAL ANALYSIS OF THE CITY
ATTORNEY
WHEREAS, a Special Municipal Election is to be held in the City of
Poway, California, on Tuesday, March 2, 2004; and
WHEREAS, §9220 and 9285 of the Elections Code of the State of
California authorizes the City Council by majority vote to adopt provisions to
provide for the filing of rebuttal arguments for city measures submitted at
municipal elections; and
WHEREAS, Elections Code §9280 authorizes the City Council to
direct the City Attorney to prepare an impartial analysis of the ballot
measure which shall be included in the sample ballot materials.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. That pursuant to §9220 and 9285 of the Elections Code
of the State of California, when the Clerk has selected the arguments for
and against the measure which will be printed and distributed to the voters,
the Clerk shall send copies of the argument in favor of the measure to the
authors of the argument against, and copies of the argument against to the
authors of the argument in favor. The authors may prepare and submit
rebuttal arguments not exceeding 250 words. The rebuttal arguments shall
be filed with the City Clerk, accompanied by the printed name(s) and
signature(s) of the person(s) submitting it, or if submitted on behalf of
an organization, the name of the organization, and the printed name
and signature of at least one of its principal officers, not more than 10
days after the final date for filing direct arguments. Rebuttal arguments shall
be printed in the same manner as the direct arguments. Each rebuttal
argument shall immediately follow the direct argument, which it seeks to
rebut.
SECTION 2. That all previous resolutions providing for the filing of
rebuttal arguments for City measures are repealed.
SECTION 3. That pursuant to Elections Code §9220, the city
elections official is directed to transmit a copy of the measure to the City
Attorney for preparation of an impartial analysis of the measure which shall
Resolution No. 03-077
Page 2
be printed in the sample ballot materials preceding the arguments for and
against the measure.
SECTION 4. That the City Clerk shall certify as to the passage and
adoption of this Resolution and enter it into the book of original resolutions.
PASSED, ADOPTED AND APPROVED by the City Council of the City
of Poway, California, at a regular meeting this 30th day of September 2003.
Michael P. Cafagna,
ATTEST:
'E'5'ri ,~nne Pe~oPles, city Cl~r~,
Resolution No. 03-077
Page 3
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify
under the penalty of perjury, that the foregoing Resolution No.03-077 , was duly
adopted by the City Council at a meeting of said City Council held on the 30th day
of September, 2003, and that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY