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HomeMy WebLinkAbout1985-11-5 ElectionOffice of the County Clerk-Recorder MARVIN CHURCH COUNTY CLERK-RECORDER COUNTY OF SAN MATEO HALL OF JUSTICE AND RECORDS · REDWOOD CITY, CALIFORNIA 94063 · (415) 363-4711 BRANCH OFFICE ° 40 TOWER ROAD, SAN MATEO, CA 94402 ° (415) 573-2081 BOARD OF SUPERVISORS ANNA G. ESHOO TOM NOLAN WILLIAM J. SCHUMACHER K. JACQUELINE SPEIER JOHN M. WARD ELECTION DIVISION SHIRLEY COUGHLIN CHIEF DEPUTY December 20, 1985 Honorable Barbara Battaya, City Clerk City of South San Francisco 400 Grand Avenue SouthSan ~ncisco,Fri CA 94080 Dear Mm~. Bett~yr'. We are submitting herewith Invoice No. 9975 in the amount of $7,312.46 for services rendered by this Department in the conduct of the City of South San Francisco Municipal Election consolidated with the School Gov- erning Board and Consolidated Elections held November 5, 1985. A descrip- tion of service costs is included based upon actual expenses incurred by the County in categories of Labor, general Services and Supplies and Elec- tronic Data Processing Services. In the event of any question regarding any aspect of your billing, please feel free to call our Registration-Election Office, 573-2081, for further information. We have appreciated the opportunity to work with you in the conduct of your Municipal Election and look forward to a continuing co- operative effort in meeting successfully future election responsibilities. May I take this opportunity to wish you and the Council Members a happy holiday season. Sincerely, ~n Churc~ County Clerk-Recorder MC:b Enclosures -g [! UNTY oF S AN MATE flFFIEE JIF THE EflUNTY ELERI5 HALL OF JUSTICE AND RECORDS · REDWOOD CITY · CALIFORNIA 94063 T~rLI[PHONIE 364-5600, EXT. 2363 · Honorable Barbara Battaya · City Clerk, City of South San · 400 Grand Avenue · South San Francisco, CA 94080 Francisco MARVIN CHURCH A, J. DAVANCEN$ December 20 , ~985 N© 9975 Election Services rendered in the conduct of your South San Francisco Municipal Election, consolidated with the November 5, 1985 School Governing Board and Consolidated Elections as per cost detail attached. $7,312.46 The law requires that fees shall be paid in advance and accounted for daily by the Clerk. When collection is deferred by this office, it is expected that the courtesy will be appreciated and remittance made promptly. 2710-133 SCHOOL GOVERNING BOARD AND CONSOLIDATED ELECTIONS NOVEMBER 5, 1985 CITY OF SO. SAN FRANCISCO LABOR. Absentee Votin9 Canvasses - Absentee, Semi-Official, Official Receiving Stations Inserting/Mailing E.D.P. Coordination Input/Key Entry Election Officer/Polling Places Select, process, appoint, supply preparation, Index preparation Candidates - Filings, certification Ballots, Voting Machine Labels Formatting, proofing, English/Spanish Result of Vote Voting Machines Setup, delivery, V.M. class, chasers, etc. Special Charges 515.66 70.22 128.43 68.43 204.65 89.25 440.96 Total Labor $1,517.60 SERVICES AND SUPPLIES Absentee Voting Canvass, Special Payroll, Postage, Supplies Special Payroll Canvasses - Semi-Official, Official, etc. Precinct Supplies Election Officer/Polling Place Fees Election Officer/Polling Place Supplies Supply delivery, Special Payroll, Postage, etc. Custodians, as applicable Drayage - Voting Machines Mileage and Con~unication Indexes, Polling Place Notices, Sample Ballot Envelopes Reprographics, Stock, etc. Special Candidate Indexes, as applicable Printing - Ballots - Sample, Absentee (English/Spanish) Voting Machine Labels Candidate Statements (English/Spanish) Printing & Handling Ar9ument Pamphlet, as applicable Sample Ballot Postage Electronic Data Processing ~ Total Services & Supplies Labor Services & Supplies Total Election Charges 157.82 215.69 106.34 1,395.00 53.39 367.44 241.64 2,262.22 583.32 391.59 $5,794.86 1,517.60 5,794.86 $7,312.46 OFFICE OF THE City CLERK (415) 877-8518 November' 26, 1985 RESULTS OF THE NOVEMBER 5, 1985 ELECTION AND THE NOVEMBER 22, 1985 INSTALLATION OF CITY OFFICIALS FOR THE CITY OF SOUTH SAN FRANCISCO NAME AND OFFICE ROBERTA CERRI TEGLIA, MAYOR (one year term) 874 Baden Avenue MARK N. ADDIEGO, VICE MAYOR (one year term) 329 Evergreen Drive JOHN "JACK" DRAGO, COUNCILMAN 122 Cuesta Drive RICHARD A. HAFFEY, COUNCILMAN 15 Tunitas Lane GUS NICOLOPULOS, COUNCILMAN 104 Orange Avenue ELECTED TERM EXPIRES November, 1987 November, 1989 November, 1989 November, 1987 November, 1989 *JOHN J. BONALANZA, CITY TREASURER 605 Parkway November, 1989 BARBARA A. BATTAYA, CITY CLERK 665 Spruce Avenue November, 1989 * MR. BONALANZA DIED SUNDAY, NOVEMBER 24, 1985 CITY OF SOUTH SAN FRANCISCO CITY HALL 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94080 (415) 877-8518 CENTRAL EECOR~D$ Copies to all cities in San Mateo County, ABAG, Senator Cranston, Senator Wilson, Senator Foran, Congressman Lantos, Assemblyman Papan, Secretary of State, Board of Supervisors, County Clerk 400 GP,~D ~[Nu[. p.o. mx 711- 9,~ · er if a e of ler iou ®a h of ( ff e STATE OF CALIFORNIA, ] County ~,¢ Scm I~c~eo ~ ss. I, Br, rbc[ra P,. g~ttaga Clerk ~the C~g of 5oat~ 5~n Francisco ................................................................................................................................................................................ , State of California, do hereby certify, that at ................................................................................................................ elect,o, held in said ........................... ~.!.Lu ............................................ on the ......... 5.!.~. .................. day of ........... ~~ ........................... 19..~.~. ........ ........................................................................................ .~.~r.k..5~....[~k.!.~a9 .......................................................................................................... was elected to the o~ce of ...................... .~.!.il..~.~!_~ ............................................................................................................... as appears by the official returns of said election, and the statement of votes cast now on file in my office. IN I/VITNESS I4ZHEREOF, I have hereunto affixed my hand and the seal of the ................... C...~.~.g_..o...f.....?...o..?._~. ~...?...?...~.r..?~}.~.c. .o_ ........................... · 22ttb Of . ~Iovember 85 th~s ....................... day ... 19_2 ......... STATE OF CALIFORNIA, r ~ss. County of i~tt I~.i.~.o. ................................................. J I, .......................... .~.r_k.....~........a...b...a..'.?..e..~9.. .................................................................. , do solemnly swear (or alarm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Califor- nia; that [ take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter· Subscribed and sworn to before me, this ......... .2...2..~.b.. ...... day of. ...... .5.o...v...e...m...b...e..r. ................ ., 19.....~5. ..... ....................... ..c..'.,..[a.....c..t....,.r..k. ................................................................ © Printed 11-21-77 by Pisani Carlisle Elections, S. F. 75032 Form lqo. 314--CERTIFICATE OF ELECTION AND OATH OF OFFICE. This form may not be reprodt~ced without permission. STATE OF CALIFORNIA, '~ County of .............. .~...~.~.t...e...o.. .......................................... j ss. ................. .c.~.~.~....~...f......?..u..tfi.....~.?..?....~.~..r...~`n...c..~*..?...~..~-. ............................................................................... , State of California, do hereby certify, that at a .............................. .~.e...[~....r..?} ~.n{¢.[.p...~.~ ...................................... election held in said C{~g on the 5~ da~ a~ ~ovember ~985 was elected to the o~ce of. ................................ .C_.~..t..~....C...?_a_n...c..'?..~. ................................................................................................. as appears by the official returns of said election, and the statement of votes cast now on file in my office. IN WITNESS tdZHEREOF, I have hereunto al~xed my hand and the ~.ct~ C{t~ of $out[t~ Scm Yrcmc{.sco seal uj ,,c ....................... : ................................................................................................ ' 22~b 85 th,s .......................... day Of ~ovember .. ...... 19_ STATE OF CALIFORNIA, '/ ~ ~rt ~rrt¢o ~ss. County oj .......................................................................................... 9 I, ................................ J...°..~.~...iJ.:l..~.[iJ....~r...~°... ....................................................... , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Califor- nia; that [ take this obli~Tation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me, this ......... 2...~.~....i.....day ~ of ~Iovember · 85 ................................................ 19 ................ © Printed 11-21-77 by Pisani Carlisle Elections, S. F. 75032 Form No. 314--CERTIFICATE OF ELECTION AND OATH OF OFFICE. This form may not be reproduced without permission. STATE OF CALIFORNIA, County of .................... 5...~.n.....~..a..~.e.u°.. .................................. Clerk I,. ..................... ~.~.r...b..?.~...5.'.....P.~.}.~.U...a.. ........................................................................... , ........................................ of the ........................................... .C.. '.,...[ ~....o. .£...?_~.[.~..fi. .. ~?...~.r...?..c. . .~. ~. c...o.. ..................................................... , State of California, do hereby certify, that at a ............................... ~..e...n...e..r..~.l._~_a...n..'.,...c.i.~..o.l ...................................... election held in said .......................... .C...~.~!t ............................................ on the ......... 5.~.~ .................. day of ......... 5.o. .×.,...m..b....,..r.. .............................. 1~ 5 .......... , was elected to the office of ............ .C..~.t!t....C...l.~r.k.. ........................................................................................................................... as appears by the official returns of said election, and the statement of votes cast now on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of the ...................... ..C.~.~E.....°..(....S...°..?..[[...5..?._..F...r..ff~.c. ~'?c° ........................ this.....-22--~?.. ........... day of ~Iovember 85 ......... 19_21~ ......... ......................... ..C...*_~_~.. C__l_erk ................ STATE OF CALIFORNIA, County of ............. .5...~.n.....g.~.[.e...o.. ................................................ I, ............................ ~.~.r_.~.~.r...~....a...:....~.[.[.t..u...O~. ....................................................... , do solemnly swear (or affirm) that I will support'and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Califor- nia; that ~ take this obligation freely, without any ~nental reservation or purpose of evasion; aud that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me, this ........ .2...2...u...b.. ....... day of. ........ ~.o..y..e...m...b...?. ............... ,19....8...5._ ...... .................................... ............... ..................... © Printed 11-21-77 by Pisani Carlisle Elections, S. F. 75032 Form No. 314--CERTIFICATE OF ELECTION AND OATH OF OFFICE. This form may not be reproduced without permission. evtiftrate of lertion attil ( ath of ®fftre STATE OF CALIFORNIA, County of ................... ~.~n.....~.~.e..2 ............................................. I,_ ......................................... .~.~ r. b...?...a....5:.....~.~.~.~,5..~.. ................................................. , .......... .C.t...?...k.. ................. of the .......................................... .C..'?...~..~...°..f.....?...°..2.[.O.....~..?....[.r...?.C..t_~.c...°.. ......................................................... , State of California, do hereby certify, that at a ......................... .~.?..e...r...~.t._.~.~.n..'.*..C..'.*.E~.t.. ........................................ election held in said ................. .C..i.i.~t ..................................................... on the ........ 5.~ ................... day of ........... IV~o.v~ab~z.r ............................. 19.&5 ........ , ......................................................................... J. afin...J.......g.m~a.t, ax~.~ r,. ................................................................................................................ was elected to the ol~ce of ........ £.[i.~....T.~:~,~m:~.~: ....................................................................................................................... as appears by the ol~cial returns of said election, and the statement of votes cast now on file in my office. IN WITNESS WHEREOF, I have hereunto at,xed ray hand and the seal of the ............ C.i. Bt....o..f....S...o...a..~.[....S...a...u....~.r.o.~r~...i.~_cg. ................................. this ....... .2._2.~.b.. ........ day Of ........ ?love, mb.er .... 198_5 ........ ........ C, tig Clerk STATE OF CALIFORNIA, ~ss. County of ................. .5..~.u....~.a..~.~.o. ............................................... I, ................................ J.9..~..n.....J..-.....3..o..~.t..~.n...z..~ ....................................................... , do solemnly swear (or at~rm) that I will support and defend the Constitution of the United States and the Constitution of the ~[~[f of ~[ifor~i~ a!l~inst all enemies, foreign and domestic; that I will bear true faith and d atte.qiance to the Uon,,tit~ttion of the Un,ted oOtates an the Constitution of the State of Califor- nia; that [ take this oblilTation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. ...................... 22-.::. ............................... /... ........................................ Subscribed and sworn to before me, this ........ .2..2~..u..~ ....... day o[ ......... ~.o..y...e...w.b....e..r. ............... ,19_..~5 ....... ' k C,~g C%er ................................. © Printed 11-21-77 by Pisani Carlisle Elections, S. F. 75032 Form No. 314--CERTIFICATE OF ELECTION AND OATH OF OFFICE. This form may not be reproduced without permission. of of STATE OF CALIFORNIA, SS. County of ............. 5...?......~.?.~..e..?.. ............................................ I, ~c~rbr, rc~ P~. B~t~cUI~ Clerk ~ the C~t[tl of 5o~ 5~n Yr~nc{,co ................................................................................................................................................................................ , State of California, do hereby certify, that at ............................................................................................................. elect, on held in said ......... %.~.~. .............................................................. on the ......... g}.~. .................. day of .............. ~SMS. M~r ......................... 19..5g ........ ....................................................................... ~.u~ ....... ~.~.o.l.~.~.m[.9.~. ....................................................................................................................... was elected to the office of ............ ~.~.a...~.~.~.~.~. .......................................................................................................................... as appears by the official returns of said election, and the statement of votes cast now on file in my office. IN ~ITNESS ~HEREOF, I have hereunto affixed my hand and the seal of the C{*g of Soa~ S~n Yranc{,co · 2 2nb November 85 th~s ......................... day of ..... 19 ........... ..... ....... ........ STATE OF CALIFORNIA, /']ss County of ............... .5...~.n.....g.o.i~.o. .............................................. J ' I, ................................. 9_a...~....N...[.c...o...l...o..p...?..l...o..$ ............................................................ , do sole~nnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Califor- nia; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me, this. .......2...2...n...b.. ........ day of. ....... .N...o..y..?..b...?. ............... ., 19.....~..5.. ..... © Printed 11.21.77 by Pisani Carlisle Elections, S. F. 75032 Form No. $14--CERTIFICATE OF ELECTION AND OATH OF OFFICE. This form may not be reprodu~ced without permission. EXttI I~IT A ID RESOLUTION NO. 241-85 Page CITY OF SOtlTtl SAN FRANCISCO GENERAL MUNICIPAL ELECTION tlELD TUESDAY, NI)VEMBER 5, 1985 No. of Total Registered Votes Voters Cast Consol idated Precinct Getz Drago Smith Pera CITY COUNCIL Churchwell ~ Addiego Nicolopulos ~,Jri 9ht 929 365 1 116 199 52 17 21 113 265 168 26 958 374 2 142 217 49 13 25 76 231 166 45 964 206 3 70 97 32 15 22 36 112 127 26 616 165 4 85 75 26 6 13 81 85 58 937 362 5 130 192 42 17 12 115 228 198 23 886 408 6 150 214 63 19 15 62 238 282 29 861 407 7 185 215 43 21 9 64 205 283 33 1,0U8 250 H 103 123 48 15 15 37 115 165 25 941 244 9 89 106 64 11 21 63 97 134 14 1,018 299 10 112 147 57 10 18 42 210 34 717 190 11 53 96 55 10 15 28 100 115 14 Z 769 290 12 122 159 76 10 12 52 901 296 13 159 153 57 12 24 44 765 317 15 120 186 76 13 21 83 996 327 16 142 199 64 15 11 41 145 144 188 194 164 118 155 156 29 23 16 30 No. of Total Registered Votes Voters Cast 803 246 206 93 1,193 309 888 299 900 339 900 325 485 189 445 116 980 194 877 149 918 245 1,230 36/ Subtotal 7,371 741 23,091 8,112 EXttl IIlT A TO RESOI. UTII)N NO. 241-85 CITY (IF SOUIlt SAN FRANCISCO GENERAL MUNICIPAL ELECIION tIELD TUESDAY, NOVEMBER 5, 1985 Consolidated Precinct Getz Drago Smith Pera 17 124 141 24 8 18 30 47 30 8 19 133 177 39 19 ~(} 137 184 33 11 21 140 219 51 13 22 148 206 65 18 23 94 114 40 5 24 56 45 20 7 25 103 73 24 9 26 77 45 25 9 2! 73 90 22 13 28 155 137 47 21 3,U48 3,856 1,224 345 Absentee 290 406 1UU 32 lotals 3,338 4,262 1,324 377 Percentage of Voters - 35.13% CITY COUNCIL Churchwell Agee 29 58 5 25 14 73 la 49 26 64 20 57 15 34 25 32 50 40 62 46 147 47 182 61 847 1,523 63 133 910 1,656 Addiego 123 47 194 203 197 169 111 35 69 46 82 122 3,906 397 4,303 Nicol opul os 90 36 150 132 141 17U 86 44 82 57 83 129 3,699 412 4,111 Page 2 ~lri ght 36 13 30 20 26 32 10 13 24 21 15 39 664 72 736 NO. Of Registered Voters 929 958 964 616 93? 886 861 1 , OU8 941 1,018 ?69 996 Total Votes Cast 365 374 206 165 362 408 407 25O 244 299 19U 290 296 317 327 Consolidated Precinct 1 2 3 4 5 6 7 8 9 11 12 13 15 16 EXHIBIT A TO RESOLU¥10N NO. 241-85 CITY DF SI)UTtt SAN FRANCISCO GENERAL MUNICIPAL ELECI'IUN HELD TUESDAY, NOVEMBER 5, 1985 CITY CLERK Payne 118 155 87 69 108 162 165 90 93 96 67 119 123 114 132 Battaya 216 179 107 87 229 220 215 134 134 175 109 146 145 180 164 Page 3 CITY TREASURER Bonalanza 196 192 113 78 246 273 295 161 138 180 89 144 130 121 133 Battaglia 140 152 87 72 98 117 94 73 91 106 123 153 171 169 No. of Total Registered Votes Voters Cast 803 246 206 93 1,193 3U9 888 299 900 339 900 325 485 189 445 116 980 194 877 149 918 245 1,230 367 23,091 7,349 741 23,091 8,112 Percentage of Voters - 35.13% Consol idated Preci ncr 11 18 lg 20 21 22 23 24 25 26 27 28 Subtotal Absentee Total s EXHIBIT A lO RESOLUI-ION NO. 241-85 CITY OF SOUTIt SAN FRANCISCD GENERAL MIINICIPAL ELECTIUN HELL) I'UESDAY, NOVEMBER CIIY CLERK Payne 95 29 139 114 138 116 89 28 55 51 129 2,771 253 3,020 Battaya 133 53 144 167 168 181 81 66 112 84 116 191 3,936 435 4,371 Page 4 CITY TREASURER Bonalanza 102 37 147 108 146 143 91 47 85 65 88 16Q 3,717 393 4,110 Batta91 i a 123 46 131 161 157 81 47 86 100 158 3,066 295 3,3(~ 1 Office of the County Clerk-Recorder MARVIN CHURCH COUNTY CLERK-RECORDER COUNTY OF SAN MA.TEO HALL OF JUSTICE AND RECORDS · REDWOOD CITY, CALIFORNIA 94063 (415) 363-4711 BRANCH OFFICE ,, 40 TOWER ROAD, SAN MATEO, CA 94402 · (415) 573-2081 BOARD OF SUPERVISORS ANNA G. ESHOO TOM NOLAN WILLIAM J. SCHUMACHER K. JACQUELINE SPEIER JOHN M. WARD ELECTION DIVISION SHIRLEY COUGHLIN CHIEF DEPUTY November 18, 1985 Honorable Barbara Battaya, City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, California 94080 Subject: Certified Statement of Result of Votes Cast for the City of South San Francisco regular ~qunicipal Election consolidated with the School Governing Board Consolidated Elections, November 5, 1985 an? Dear,~4~. Batta?: I am enclosing my Certified Statement of Result of Votes Cast in connection with the subject election. blay I take this opportunity to offer my congratulations to you, the Council Members and City Treasurer Bonalanza. Sincerely, ~Mar~in Churc~n County Clerk-Recorder MC:sgc Enclosures GZ.i'a'J ~';;AL RECORO~ FILE N 0.: k-~"~;~'-~f- CERTIFICATE OF COUNTY CLERK In the Matter of the CANVASS OF VOTES CAST ) IN THE CITY OF SOUTH SAN FRANCISCO Regular ) MUNICIPAL ELECTION CONSOLIDATED WITH THE ) SCHOOL GOVERNING BOARD AND CONSOLIDATED ) ELECTIONS Held on November 5, 1985 ) I, MARVIN CHURCH, County Clerk for the County of San Mateo, do hereby certify to the City Council of the City of South San Francisco, that after the closing of the polls at the City of South San Francisco Municipal Election consolidated with the School Governing Board and Consolidated Elections held on Tuesday, the 5th day of November, 1985, within the City of South San Francisco for the purpose of electing three members of the City Council, one City Clerk and one City Treasurer, I caused to have taken off and recorded from the voting machines used at said polling places the record of votes cast and I caused to be canvassed the absentee ballots cast at said election within the City of South San Francisco. I HEREBY FURTHER CERTIFY that the record ot votes cast at said polling places and the results of the canvass of the absentee ballots cast for the various candidates for the office of Member of City Council, City Clerk and City Treasurer is set forth in Exhibit "A" attacheO hereto and incorporated herein by reference as though fully set forth at length. IN WITNESS WHEREOF, I hereunto affix my hanO and seal this 18th day of November, 1985, and file this date with the City Council of the City of South San Francisco. MARVIN CHURCH County C,erk-Recorder EXHIBIT "A" ISTATE~ENT OF I~!IR.T ~F ~I~]T~S t l ~LA~kA ~J~Oi ~Ci 12Z~ ~LACU~A ~OA 7CI j ~GU~A iiLaOJ .... ITC ~LAGUN& iALAOA t~ la iLAGUWA ~Oi' . __ _ ~0~cl ~LJ~l ~ALJOa 21CL~O4~ 2~ot LACU~I ~JteOa .... 2Z~ S~ ceA~CT~CO~TC qO~ 3~ i ~C S~H ~J~CT'C~ 23~ 4~ ~SIH GeANCI' C9 2~ 98~ lqeJ ~ ~AN GoINCT~COZT~ql~ 2q~i , An~E~TFF 8ALLUTS-~ I3, ~ 7411 ~JeSENTEE ~ALL~TS-~P~ 6Q ~ 12~ I I E E · · ! 164 . 1~ 16U !08[ ..16~ la61 16o '"l ¥ C U C /1 t EXHIBIT "A" ~q IA~ F~&NC! C~ ~ ~AN F~&MC~CO Sg S~ CRANC!~C~ ~ S~ ~o~CT~C~ ~ Sl~ c~lNCT~O lC, ~?q 36~ !16 2Cf 9~e 3,74 142 · C! q~)4, 206 6 6 ~62 130 6CI 8~6 ~08 150 "C 1006 2~0 103 qc] ~41 2~ * - 10C~ T018 ~99 l?Cl 7~9L ~0 1221 I~C; 16St _ 317 1~C~ o~i 377 142 17C', B~ _ 2e6l ~C~ 2C6~ q31 lqC; 11931.. 30~ _ __ ~Pa~C!SCQ _.. 21C _.9001_ 33n ._ ~ANCT$CO _ 23C__ 485L._.I~9 Itl Cc,'~ ~ ,~Al RECOi~D~ October 9, 1985 To: Subject: ACTION: The Honorable City Council General Municipal Election November 5, 1985 - Designating and Consolidating Precincts, Designating Polling Places, Appointing Precinct Election Officers and Other Related Matters R ECOMMENDAT I ON: It is recommended that the City Council adopt the Resolution relative to the General Municipal Election of November 5, 1985. DISCUSSION: This Resolution provides for the holding of a General Municipal Election in the City of South San Francisco; designates the polling places, appoints the precinct officers as well as other related matters. Barbara A. Battaya City Clerk BAB:cg Attachment FILENO.: ~"~F~ NOTICE AND PROCLAMATION O, SPECIAL MUNICIPAL ELECTION CITY OF SOUTH SAN FRANCISCO NOTICE AND PROCLAMATION ARE HEREBY GIVEN AND MADE by tile City Council of the City of South San Francisco, San Mated County, California, that a Special Municipal Election has been called and will be held on Tuesday, the lOth day of December 1985,-by'Resolution No. 202-85 adopted September [1, 1985, for the pur~ pose of submitting to the qualified voters of said City the following referendum measure: 'REFERENDUM AGAINEF A RESOLUTIOlt'* PASSED BY THE CITY COUNCIL We, th~ undersigned residents and registered, qualified voters of the City'of Soul~h San Francisco, protest against the adoption of Resolution 1~o~ 156~85,' by'the City Council of the City of South San Francisco, entitled, "^ Resolution Approving and Authorizing Execution of an Amendment to the San Bruno" Mountain Habitat Area Conservation Plata to Permit Site-Specific Geotechnicai Repairs", the text of which is set forth below. We respectfully request that the City Council reconsider Resolution No. 156-85 and either repeal it entireiy or submit it to the voters, either at a regular municipal election or at a spe~ ctal election called for the purpose. ' TEXT OF RESOLUTION NO. 156-85: A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AH AI4ENDMENT TO' THE ~ BRUNO MOUNTAIN AREA HABITAT CONSERVATION PLAN TO PERMIT SITE-SPEC~F~O ~EOTECHNiCAL AEPAIRS ....... '"WHEREAS, on July 10, 1985, this Council conducted a pul>ltc hearing on a *proposed amendment to ~he San Bruno Mountain Area Habitat Conservation Plan (HCP), the Agreement mth respect to the San Bruno Mountain Area ~abitat 'Conservation Plan (HCP Agreement) and a permit issued pursuant to Section [0{~) Of the Endangered Species Act (Section lO(a) Permit), ~hich amendment would per- mit site-specific geotechnical repairs on the South Slope of San ~runo Mountain~ and WHEREAS, this Council has considered the Final Supplemental Environmental )mpact Report and Environmental Assessment (Final EIR/EA Supplement) and the Addendum thereto previously certified by the San Mated County ~oard of Supervisor~ and upon conclusion of said hearing, adopted findings, and adopted a Statement of Overriding Considerations, all in accordance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act {HEPA); and WHEREAS, the Council at said hearing adopted Alternative 2 as identified in the final EIR/EA supplement, as the project to be implemented pursuant to the amend: ment~ and WHEREAS, said amendment, entitled 'Amendment to San Bruno Mountain Area Habitat Conservation Plan to Permit Site-Specific Geotechnical Repairs' reference to which is hereby made for further particulars, has been presented to this Council for its review and approval; and ~...~,,~,, ~a~ ~_.~.,:~-~ WHEREAS, this Counc,, has reviewed and accepted the ,ology Study, required by Section IXB of the HCP Agreement, prepared with respect to said Amendment; and WHEREAS, this Council has examined and approved said Amendment as to form and content and now desires to enter into same; NOW, THEREFORE, BE IT RESOLVEO b~the City Council of the City of South San Francisco that: 1. Approval of Agreqment. The.Agreement entitled '/b~endment to San Bruno Mountain Area Habitat Conservation Plan to Permit Site-Specific Geotechnical Repairs' is hereby approved, and a copy of said Amendment is attached hereto as Exhibit '1'. 2o ~xe~ution_of Agreement. The Mayor is'hereby authorized to execute said Amendment on behalf of the City,.and the City. Clerk attest his signature thereto. 3. ~c~ons by Cit~Managpr, The City Manager is hereby' authorized and directed to take all actions-and sign all other documents necessary on behalf of the City of South San Francisco, accomplish the Amendment to the HCP, the HCP Agreement and the Section lO(a) Permit to permit the Site-Specific Geotechnical Repairs identified in said Amendment to the HCP. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the loth day of July, 1985, by the following vote: AYES: NOES: ABSENT: *Councilmembers Richard A. Halley, Gus NtcoIopulos and Roberta Cerri Teglia Councilmember Mark N. Addiego Counctlmember Emanuele N. Oamont~ ATTEST: /s/ Barbara A. Battaya .... City Cl~rk", (Copy of Amendment, Exhibit ]' is available upon request at the City Clerk's Office, 400 Grand Avenue, South San Francisco (415) 877-8518). NOTE IS FURTHER GIVEN THAT: 1. The POLLS shall be opened at 7:00 a.m. and shall be kept open until 8:00~p.m. of said day when the polls shall be closed, except as otherwise pro- vided in' Section 14301 of the Elections Code. 2. ARGUMENTS in support of the measure shall be filed with the City Clerk on or before September 25~ 1985 and REBUTTAL ARGUPIENTS shall be filed with the City Clerk on or before October 15, 1985. '~'~F~'%"T'R2. L. ~ . :,:,~ 3. THIS SP. ,AL ELECTION is not consoltdab with any other election on December 10, 1985. By order of the City Council of the City of South San Francisco, County of San MateD, State of California, at a Regular Meeting September 11,1985, Dated: September 13,.1985 /s/.Barbara-A.. Battaya .......... Barbara A, Battaya, City Clerk City of South San Francisco CERTIFICATE OF PUBLICATION (2015.5 C.C.P.) in South San Francisco Enterprise Journal This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA CoUnty of San Mateo I am a citizen of the United States, and a resident of the County aforesaid, over the age of eighteen years, and not a party to or interested in the above-entitled matter and I am during and at all said times, the Principal Clerk of the Printer and Publisher of South San Francisco Enterprise Journal, a newspaper of general circulation, printed and published twice weekly in the City of SOUTH SAN FRANCISCO, County of San Mateo, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Marco, State of California, under the date of December 30, 1952, Case Number 60036; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to- wit: Wednesday, August 21, 28, 1985 Certificate of Publication NOTICE OF NO~!NEES FO~ nU.n..LIC OFFICE TO BE VOTED ON IN TiIN CITY OF SOUTH SAN FRANCISCO G~N~AL ~UNICIPAL ELECTION NOVE.MBE~. 5, 1985 NOTICE OF NOMINEES FOR PUBLIC OFFICE TO BE VOTED ON IN THE CITY OF SOUTH SAN FRANCISCO GENERAL MUNICIPAL ELECTION NOVEMBER 5, 1985 NOTICE IS HEREBY GIVEN that the following persons have been nominated for the offices hereinafter mentioned to be filled at the General Municipal Election to be held in the City of South San Francisco on Tuesday, the 5th day of November, 1985. For the Office of Councilmember Charles W. Getz John "Jack" Drago Larry H. Smith Lawrence Pera Dr. Caesar A. Churchwell Doris R. Agee Mark N. Addiego Gus Nicolopulos Douglas J Wright For the Office of City Clerk Sylvia Payne Barbara A. Battaya For the Office of City Treasurer John J~ Bonalanza Richard (Dick) Battagtia Dated: August 16, 1985 Published in Enterprise Journal, Wednesday, August 21, 28, 1985. Planning Commissioner/Attorney Retired Fire Chief Businessman Retired Businessman Family General Dentistry Homeowner Association Manager City Councilman City Councilman Buinessman/Recreation Commissioner Principal Clerk Incumbent City Clerk City Treasurer Incumbent Comptroller /s/Barbara a. Battaya, City Clerk City of South San Francisco (7469F_.J) I certify (or declare) under penalty of perjury that the foregoing is tree and correct. Dated at South San Francisco, California, this 28thday of Auqust , 19 85 Edna O. Donaldson CERTIFICATE OF PUBLICATION NOTICE OF NOMINEES FOR PUBLIC OFFICE TO BE VOTED ON IN THE CITY OF SOUTH SAN FRANCISCO GENERAL MUNICIPAL ELECTION NOVEMBER 5, 1985 NOTICE IS HEREBY GIVEN that the following persons have been nominated for the offices hereinafter mentioned to be filled at the General Municipal Election to be held in the City of South San Francisco on Tuesday, the 5th day of November, 1985. For the Office of Councilmember Charles W. Getz John "Jack" Drago Larry H. Smith Lawrence Pera Dr. Caesar A. Churchwell Doris R. Agee Mark N. Addiego Gus Nicolopulos Douglas J. Wright Planning Commissioner/Attorney Retired Fire Chief Businessman Retired Businessman Family General Dentistry Homeowner Association Manager City Councilman City Councilman Businessman/Recreation Commissioner For the Office of City Clerk Sylvia Payne Principal Clerk Barbara A. Battaya Incumbent City Clerk For the Office of City Treasurer John J. Bonalanza City Treasurer Incumbent Richard (Dick) Battaglia Comptroller Dated: Auuu~t 15, 1~ August 16, 1985 ~ttaya ,~ City of South San Francisco RANDOMIZED ALPHABET DRAWING BT THE SECRETARY OF STATE FOR THE NOVEMBER 5, 1985 MUNICIPAL ELECTION ON AUGUST 15, 1985, 11:00 A.M. 1. G 2. D 3. K 4. H 5. S 6. J 7. X 8. 0 9. P 10. E 11. Q 12. U 13. L 14. V 15. M 16. B 17. C 19. A 20. R 21. N 22. W 23. I 24. Z 25. Y 26. F 18. T CENTRAL RECORDS ~ILE hlO.: ................ NOTICE OF ELECTION IS HEREBY GIVEN that a Gene'ral Municipal Election v~'ill be held in the City of South San Francisco, County of San Mateo, State of California, on Tuesday, the 5th day of November,. 1985, at which election the following offices are to be filled: Member of the City Council -- full term (4 yrs.) Member of the City Council -- full term (4 yrs.) Member of the City Council -- full term (4 yrs.) City Clerk -- full term (4 yrs.) City Treasurer - full term (4 yrs.) The nomination period opens Monday, July 15, 1985 at 8:00 a.m. and nomination papers may be picked up from CitY Clerk Barbara A. Battaya, 400 Grand Avenue, South San FranCisco, CA 94080. Nomination closes Friday, August 9, 1985 at 5:00 p.m. There will be a five day extension of the nomination period if an incumbent does not file for office - which date is Wednesday, August 14, 1985 at 5:00 p.m. A person is not eligible to hold office as councilman, city clerk or city treasurer unless he is at the time of assuming such office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate G.C. 36502 and E.C. 22842. In the event there are no nominees or an insufficient number of nominees for the above offices, then appointment to such elective office will be made as prescribed by Section 23520. If there are any questions please call the City Clerk's Office at (415) 877-8518. The POLLS shall bE opened at 7:00 a.m. and shall be kept open until 8:00 p.m. of said day when the polls shall be closed, except as otherwise provided in Section 14301 of the Elections Code. By order of the City Council of the City of South San Francisco, County of San Mateo, State of California, at a Regular Meeting of June 26, 1985. Dated: July 9, 1985 Barbara A. Battaya~ City of South San Francisco ~.,£NTRAL REcoRD~ sta xx Date: July 10, 1985 To: The Honorable City Council Subject: Initiatives and Referendums ACTION: Information only. DISCUSSION: In response to a request by Councilman Addiego at the Regular Council Meeting of June 26, 1985, the following information on Initiatives and Referendums is enclosed: Attachment A - A summary from the City Clerk's Handbook of August, 1982 as prepared and reviewed by the City Clerks' Association of California and the League of California Cities. Attachment B - Copies of selected Elections and Government Codes referenced in the attached summary. Barbara A. Battaya City Clerk C..;[i,,i ~RAL RECORDS FILE NO.: .. ATTACHMENT A Initiative Any proposed ordinance may be submitted to the legislative body by means of a petition E.C. 4001. Notice of intention to circulate must be published or posted by the proponents prior to commencing circulation. The form and requirement for a statement of reasons and requirement for signatories of the notice are found in E.C. 4002-03. A copy of this notice and statement as published, together with an affidavit made by a representative of the newspaper certifying to the fact of publication, must be filed with the City Clerk within ten days after the date of publication E.C. 4004. Circulation of the petition may begin twenty-one days after the publication of the notice of intention, E.C. 4005, and must be filed with the City Clerk within 180 days of the date of publication of the notice E.C. 4006. All sections of the petition must be filed at one time E.C. 4008. Upon physical submission of the petition, the City Clerk shall examine to deter- mine whether it qualifies for filing, using the the steps outlined in E.C. 4008. The petition is deemed filed as of the date of the City Clerk's determination that it qualified for filing, E.C. 41-44, such petitions are not public docu- ments and are not available for public scrutiny G.C. 6253.5. After the petition has been filed, the City Clerk shall examine the petition to determine whether there are sufficient valid signatures to meet requirements. See E.C. 4009 and 3707-08. This determination must be completed within thirty days of the filing date of the petition, E.C. 4009, 3707, and the City Clerk thereupon attached a cer- tificate showing the result of the examination for presentation to the City Council at the next regular meeting after certification. A copy of such cer- tification must be sent to each of the proponents of the initiative who signed the notice of intention E.C. 4009 and 3707. Should the petition prove insufficient, no further action shall be taken. Proponents are permitted to examine such petitions in order to determine which signatures were disqualified and the reasons therefor G.C.6253.5. For cities with more than 1,000 registered voters, if the initiative petition is signed by not less than 15 percent of the voters, according to the County Clerk's last official report of registration to the Secretary of State in effect at the time the notice of intent to circulate was published, the legislative body shall either (a) introduce the ordinance without alteration, or (b) imme- ATTACHMENT A diately order a special election to be held not less than 88 nor more than 103 days after the date of the order, at which the ordinance shall be submitted to a vote of the voters E.C. 4010. If the petition is signed by less than 15 percent, but not less than 10 percent of the voters and the ordinance is not passed without change by the legislative body, and is not submitted to the voters at a special election, then the ordi- nance shall be submitted to the voters at the next regular municipal election occurring not less than 88 days after the order of the City Council E.C. 4011. An initiative ordinance is considered adopted upon the date the vote is declared by the City Council and shall go into effect 10 days after that date E.C. 4013. Referendum With very few exceptions, ordinances shall not become effective until 30 days from and after the date of final passage E.C. 4050. If a petition protesting the adoption of an ordinance is submitted to the City Clerk within this 30 day period and is signed by not less than 10 percent of the voters of the city, the effective date of the ordinance shall be suspended and the legislative body shall reconsider the ordinance E.C. 4051. Procedures to be followed for examination of the petition to ascertain whether it qualifies for filing, and examination of petitions after filing are similar to the requirements for initiative petitions. The City Clerk's examination must be completed within 30 days from the date of the filing of the petition and the City Clerk forwards a certificate showing the result of the examination to the legislative body at the next regular meeting E.C. 4054. If the legislative body does not entirely repeal the ordinance, the legislative body must submit the ordinance to the voters either at a regular municipal elec- tion occurring not less than 88 nor more than 103 days after the order of the legislative body, or at a special election called for the purpose. To avoid holding more than one special election within any six months period, the date for holding the special election may be fixed later than 103 days, but at as early a date as practicable after the expiration of the six months from the last special election E.C. 4055. -2- § 6253 GOVERNMENT COD GOVERNMENT CODE to limit the hours public records are open for inspection as prescribed subdivision (a). Amended Stats 1983 ch 826 § 1. Amendments: 1985 Amendment: (1) Substituted "the" for "such" after "a copy of" in the introductory clause of second paragraph of subd (a) and after "Legislature to make" in the first sentence of subd (b); amended thc list in subd (a) by (a} substituting "California Coastal Commission" for "California Zone Conservation Commission"; and (b) deleting "All regional coastal zone conservation corer before "State Water Quality Control Board"; and (3) added I]~e second sentence of Subd (b). Witkin Evidence 2d §§ 878D, 878G. C. al Practice Rev Ch 20 Discovery Proceedings. What are "records" of agency which must be made available under state freedom of information act, ALR4th 680. What constitutes an agency subject to application of state freedom of information act, 27 ALR4th 742. 4. Reports or Documents Subject to Inspection Financial data supplied by a priyate waste dis- posal company to a city which the city relied on in granting a rate increase to the waste' disposal company 'under the city's contract with the waste disposal company for the collection of waste and garbage within the city limits constituted "public records" within the meaning of Gov. Code, § 6252, subd. (d), defining public records, and was therefore subject to public inspection under Gov. Code, § 6253, unless otherwise exempted from disclosure. The city had a contractual relationship. with the disposal company. The city delegated its duty of trash collection to the disposal company, but still retained the power and duty to monitor the disposal company's performance of its dele- gated duties, under the express terms of the con- tract. There was no question that the disposal company was providing a service to the residents of the city, by way of a contract made between it § 6253.5. Inspection of election petitions Notwithstanding the provisions of Sections 6252 and 6253, statewide, countY, city, and district initiative, referendum, and recall petitions, and petitions circulated pursuant to Section 5091 of the Education Code, and all memoranda prepared by the coUnty clerks in the examination of such petitions indicating which registered voters have signed particular petitions shall not be deemed to be public records and shall not be open to inspection except by the public officer or public employees who have the duty-of receiving, examining or preserving such petitions or who are responsible for the preparation of such memoranda and, if the petition is found to be insufficient, by the proponents of the petition and such representatives of the proponents as may be designated by the proponents in writing in order to determine which signatures were disqualified and the reasons therefor; provided, however, that the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a school district or a community college district attorney, and a city attorney shall be permitted to examine such material upon approval of the appropriate superior court. If the proponents of a petition are permitted to examine the petition and memoranda, such examination shall commence not later than 21 days after certification of insufficiency. ~i~I'RAL RECOblDS 86 FILE NO.: ._ and the city. Assurance of confidentiality by the' city to the disposal company that the data would' remain private was not sufficient to convert what was a public record into a private record. San~1 Gabriel Tribune v Superior Court (1983, 2d Dist).~! 143 C~/~,Pp 3d 762, 192 Cai Rptr 415. · As used in this section (a) For statewide initia who submit a draft ct General with a reques purpose and points of t (b) For other initiative who publish a notice ct is not required, who fik (c) For recall measures the Elections Code. (d) For petitions circt~ Code, the person or pe petition to the county s~ Amended Stats 1982 ch 163 § 2. Amendments: 1982 Amendment: (1) Amended Section 5091 of the Education community college district attorn Two tetters, one appointing a city firefighter to the position of transit administrator and the other rescinding the appointment, and the firefightei"s ! salary card, which were part of the employee's personnel file, were public records. They clearly related to the conduct of the city's business. Thus, the city was required to make these records acces- sible to the public under Gov. Code, § 6253, unless the letters and the personnel card were exempt from disclosure (Gov. Code, '§ 6254), or the city could show justification for not disclosing them (Gov. Code, § 6255). Braun v Ci.yy of Taft (1984, 5th Dist) 154 Cai App 3d 332, 201 Cai Rptr 654. § 6253.6. Requests for b · (a) Notwithstanding the ' bilingual ballots or ball~ or state law, or other d shall not be deemed to 1: except by the precinct ~ who are responsible for ] : (b) Nothing contained i ~ any person who is Oth~ · materials, including, bul that requests for bilingu~ restrictions contained in Added Stats 1982 ch 1260 § 1. § 6254. Records exempt 1 Except as provided in construed to require disc] (a) Preliminary drafts, ~ which are not retained business, provided that clearly outweighs the pul (b) Records pertaining t~ party, or to claims made 810) of Title 1 of the claim has been finally ad (c) Personnel, medical, constitute an unwarrant~ (d) Contained in or rela (1) Applications filed wi supervision of the issua~ [2 Gov Code] GOVERNMENT COD GOVERNMENT CODE § 6254 )ection as prescribed n the introductory clause of ~ : first sentence of subd (b); mission" for "California Coz zone conservation commissions' ,,ntence of subd (b): · ~ freedom of information act; rmation act, 27 ALR4th 742. irance of confidentiality by ! company that the data would' ~ not sufficient to convert what. ~rd into a private record. San :~ Superior Court (1983, 2d Dist). 2, 192 Cai Rptr 415. , appointing a city firefighter to · it administrator and the other ointment, and the firefighter's~ were part of the employee's ~ public records. They clearly act of the city's business. Thus, xl to make these records acces- rider Gov. Code, § 6253, unless ~, personnel card were exempt 0v. Code, '§ 6254), or the city ~ition for not disclosing them 7: Braun v City of Taft (1984, pp 3d 332, 201 Cai Rptr 654. and 6253, ~tewide, ! recall petitions, and ~ucation Code, and all examination of such ed particular petitions ~be open to inspection ~ho have the duty of ,ho are responsible for ~tition is found to be ~ representatives of the in writing in order to the reasons therefor; ;ecretary of State, the iy, a school district or ney shall be permitted riate superior court. · mine the petition and ter than 21 days after [2 Gov Code] As used in this section "proponents of the petition" means the following: (a) For statewide initiative and referendum measures, the person or persons who submit a draft of a petition proposing the measure to the Attorney General with a request that he prepare a title and summary of the chief purpose and points of the proposed measure. (b) For other initiative and referenda on measures, the person or persons who publish a notice of intention to circulate petitions, or, where publication is not required, who file petitions with the clerk. (c) For recall measures, the person or persons defined in Section 29711 of the Elections Code. (d) For petitions circulated pui'suant to SectiOn 5091 of the Education Code, the person or persOns having charge of the petition who submit the' petition to the county superintendent of schools. Amended Stats 1982 ch 163 § 2. : Amendments: ,' · .. 1982 Amendment: (1) Amended the first paragraph by adding (a) ", and petitions circulated pursuant to Section 5091 of the Education Code," before "and all memoranda"; and (b) ", a school district or a community college district attorney" near the .end of the paragraph; and (2) added subd (d). § 6253.6. Requests for bilingual election materials (a) Notwithstanding the provisions of Sections 6252 and 6253, requests for bilingual ballots or ballot pamphlets, made in accordance with any federal or state law, or other data that would reveal the identity of the requester, shall not be deemed to be public records and shall not be open to inspection except by the precinct board and other public officers or public employees who are responsible for receiving those requests and processing the same. (b) Nothing contained in subdivision (a) shall be construed as prohibiting' any person who is Otherwise authorized by law from examining election materials, including, but not limited to, affidavits of registration, provided that requests for bilingual ballots or ballot pamphlets shall be subject to the restrictions contained .in subdivision (a). · Added Stats 1982 ch 1260 § 1. § 6254: Records exempt from disclosure requirements Except as 'provided in Section 6254.7, nothing in this chapter shall be constrUed to reqUire disclosure of records that are any of the following:. (a) Preliminary drafts, notes, or interagency or intraagency memoranda which are not retained by the public agency in the ordinary course of business, provided that the public interest in withholding thOse records clearly outweighs the public interest in disclosure. (b) Records pertaining to pending litigation to which the public agency is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, until the pending litigation or claim has been finally adjudicated or otherwise settled2 (c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. (d) Contained in or related to: (1) Applications filed with any state agency responsible for the regulation or supervision of the issuance of securities or of financial institutions, including, 87 FILE : )NS CODE of a court iudge of a ~t district. :endent of ~d by any )ivision 2 rifled for :andidate. iminate a n offices. ELECTIONS CODE 44. $8. ~'Measure" defined. "Measure" means any consUtutional amendment or other proposiUon submitted to a popular vote at any election. (Added by Stats. 1976, c. 226, §2.) ~9. "Precinct board" defined. "Precinct board" is the board appointed by the clerk to serve at a single precinct or a consolidated precinct. "Precinct board," when used in relation to proceedings taking place after the polls have closed, likewise includes any substitutive canvassing and counting board that may have been appointed to take the place of the board theretofore serving. (Added by Stats. 1976, c. 226, §2.) 40. "Election board" defined. "Election board" means the board of supervisors of each county, the city council or other governing body of a city, or any board or officer to whom similar powers and duties are given by any charter. (Added by Stats. 1976, c. 226, §2.) 41. Only registered voter entitled to sign petition; printed name and place of residence; form of petition. Wherever, by the Constitution or laws of this state, any initiative, referendum, recall, nominating petition or paper, or any other petition or paper, is required to be signed by voters, only a person who is a registered qualified voter at the time he signs the petition or paper is entitled to sign it. Each signer shall at the time of signing the petition or paper include his printed name and his place of residence, giving street and number, and if no street or number exists, then a designation of his place of residence which will enable the location to be readily ascertained. A space at least one inch wide shall be left blank after each name for the use of the clerk in verifying the petition or paper. (Added by Stats. 1976, c. 226, §2.) 4Z. Voter may circulate petition. Any person who is a voter may circulate an initiative, referendum or recall petition in accordance with the provisions of this code. (Amended by Stats. 1977, c. 1137, §1.) 4~. Signature withdrawn from petition. Any voter who has signed an initiative, referendum or recall petition pursuant to the Constitution or laws of this state shall have his signature withdrawn from such petition upon filing a written request therefor with the appropriate county clerk or city clerk prior to the day the petition is filed. (Added by Stats. 1976, c. 226, §2.) 44. Declaration of circulator attached to petition; form. Wherever any petition or paper is submitted to the clerk, each section of the petition or paper shall have attached to it a declaration signed by the circulator of the petition or paper, setting forth the following: (a) The printed name of the circulator. (b) The residence address of the circulator, giving street and number, or if no street or number exists, adequate designation of residence so that the location 44. ELECTIONS CODE may be readily ascertained. (c) That the circulator circulated that section), and saw the appende~l signatures being written. (d) That according to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports to be. (e) The dates between which ali the signatures to the petition or paper were obtained. (f) The circulator shall certify to the content of the declaration as to its truth and correctness, under penalty of perjury, with the signature of his or her name at length, including given name, middle name or initial, or initial and middle name. The circulator shall state the date and lhe place of execution on the declaration immediately following his or her signature. (Amended by $~ts. 1982, c. 309, §I.) 45. Examination of petitions; residence ad~ress verification. For purposes of verifying signatures on any initiative, referendum, recall, nomination, or other election petition or paper, the clerk shall determine that the residence address on the petition or paper is the same as the residence address on the affidavit of registration. If the addresses are different, or if the petition or paper does not specify the residence address, or, in the case of an initiative or referendum petition, if the information specified in Section 3516 is not contained in the petition, the affected signature shall not be counted as valid. Any signature invalidated pursuant to this section shall not affect the validity of other valid signatures on the particular petition or paper. (Added by Stats. 1981, c. 589, §I.) 49. Secretary of State or county clerk is candidate's attorney for service of process. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county clerk, the candidate shall by such filing irrevocably appoint the Secretary of State or the county clerk with whom the filing is made and their successors in office the candidate's attorneys upon whom all process in any action or proceeding against him or her concerning his or her candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election. If in any action or proceeding arising out of or in connection with any matters concerning his or her candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process agniast the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county clerk appointed as the candidate's attorney for service of process, or to any person employed in his or her office in the capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing such service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county clerks of all counties shall keep a record of all process served upon them under this section, and shall record therein the time of service and their action with reference thereto. Upon the receipt of any such service of process the Secretary of State or the county clerk shall immediately give notice of the service of the process to the ,...,~_, . ~ r-.' ~, . ~ '.' ' .... -~ '3 6 ELECTIONS candidate Shown on hi of i~eation mail with rt (Amend~ $0. Disas( In case o are destroy recommen~ elections. 1 the Attornt Occurs. (Added 51. Court The col Legislature statistics ~ legislative boundarie senatorial returns fo: prior to re in data-pi whatever by the ap the four: retained ~ Each I district ir two or m~ an estiml tract or e alters the ceas' provide ' reflect ti (Ame $~. De No p, party m person 1 with the his or ~ nomina~ general This of any I Iris~ Comm~ :LECTIONS may be ~rvisors by I the number, 3515. ;tantially in ounties, or the :ntion so to do. ~ling $00 Words 1 be published mt county. ;tatement, the fidavit of the t, the petition I bear a copy 0 the county bf the notice or persons hall be filed ne the total n, the clerk ;.L£CTIONS CODE 3708, determines that the number of signatures, prima facie, equals or is in excess of the minimum number of signatures required, the clerk shall accept the petition for filing. The petition shall be deemed as filed on that date. Any sections of the petition, not so filed, shall be void for all purposes. (Added by Stats. 1978, c. 248, §3.) ]717. Examination of signatures. Except as provided in Section 3708, within 30 days from the date of filing of me petition, the clerk shall examine the petition, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition. In determining the number of valid signatures, the clerk may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters' signatures, provided that the method of preparing and displaying the facsimiles complies with law. The clerk shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition. If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date. If the petiQon is found sufficient, the clerk shall certify the results of the examination to the board of supervisors at the next regular meeting of the board. (Added by Stats. 1978, c. 248, §3.) 3708. Sample examination of signatures. (a) Within 30 days from the date of filing of the petition, if, from the examination of petitions pursuant to Section 3707, more than 500 signatures have been signed on the petition, the clerk may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the clerk shall be given an equal opportunity to be included in the sample. Such a random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater. (b) If the statistical sampling 'shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the clerk shall examine and verify each signature filed. (c) In determining from the records of registration, what number of valid signatures are signed on the petition, the clerk may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters' signatures, provided that the method of preparing and displaying the facsimiles complies with law. (d) The clerk shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition. (e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect. C;ENTRAL RECORD5 FILE NO.:., , ELECTIONS COD tall certify the results. : regular meeting of r call special election. number than 20 percent'i for Governor at the last. ; notice of intention that the ordinance be Il election, the board of ~r meeting at which it is :he ordinance, without le county. pecial election. nder this article within ~isors may submit the a special election. .~cial election to be held the presentation of the ban one election within ~ay be fixed later than )rdinance to the board, )f the six mont/Js. ~t to this article during ed to voters. mmber than 10 percent r Governor at the last notice of intention to I for ts not required to pecial election, and is he ordinance, without at the next statewide ~he order. i held pursuant to this [the publication of the election. ELECTIONS CODE 3714. 3713. county clerk shall print and, mail copy of propo'sed ordinance. Whenever any ordinance is required by this article to be submitted to the voters of a county at any election, the county clerk shall cause the ordinance to be printed. A printed copy of the ordinance shall be mailed with a sample ballot, to each voter, at least 10 days prior to the election. The county clerk may include in such mailing, as official matter, the provisions o! the proposed ordinance, showing therein the difference from existing provisions of law, by the use of distinguishing type styles. If such ordinance exceeds 1,000 words in length, the local legislative body may direct that a synopsis of the ordinance be prepared, to be mailed to the voters in lieu of the ordinance. The synopsis shah be prepared by the cotmty counsel unless the ordinance affects the office of the county counsel, in which case the clerk shall prepare the synopsis. Immediately below the synopsis there shall be printed in 10-point bold type a legend substantially as follows: "The above statement is a synopsis of Ordinance Number _ and is not the complete text of such ordinance. If you desire a complete copy of the ordinance, return the enclosed prepaid postcard and a complete copy will be mailed at no cost to you." If the clerk at the direction of the legislative body, mails only a synopsis of an ordinance, the clerk shall enclose a postage-paid postcard which may be used by the voter to request a complete copy of the ordinance which shall be mailed to such voter with postage prepaid. (Added by Stats. 1976, c. 248, §3; Amended by Stats. 1976, c. 613, §I.) 3714. Arguments for and against proposed ordinances. The persons filing an initiative petition pursuant to this article may file with the petition a written argument in favor of the ordinance. The board of supervisors may submit an argument against the ordinance. Neither argument shall exceed 300 words in length. The county clerk shall cause an argument for the measure, if submitted, and an argument against the measure, if submitted, to be printed and shall enclose a copy of both arguments, printed on the same sheet of paper, in an envelope with each sample ballot. Such printed arguments are "official matter" within the meaning of those words used in Section 10010. The follOwing statement shall be printed on the front cover or, if none, on the heading of the first page of the printed arguments: "Arguments in support of or in opposition to the proposed laws are the opinions of the authors." Printed arguments submitted to voters in accordance with this section shall be titled either "Argument In Favor Of Measure "or "Argument Against Measure ," accordingly, the blank spaces being filled in only with the letter or number, if any, which designates the measure. At the discretion of the county clerk, the word "Proposition" may be substituted for the word "Measure" in such titles. Words used in the title shall not be counted when determining the length of any argument. (Amended by Stats. 1977, c. 297, §I.) ~J,F,..IVI'I'~AL. RECORDS 93 ELECTIONS form. any initiative erendum any months alter Iion qualified, petition shall some action ten request litical Practic ~ody the petition qualification ~ into a :lng with Section ~ered or mailed 'ficial summary General shati he Secretary of shall notify the Y date and mail all also include he certificaUo~ d for signatures on a proposed 150 days from etitions on the !erendum shall than 131 days tions, but each f the proposed :. ~ :T:,.DNS CODE 3519. I.Hs.I. Pamphlet describing procedures for circulating petition. The Secretary of State shall prepare and provide to any person upon request ., pamphlet which describes the procedures and requirements for preparing and ¢~rculating a statewide initiative measure and for filing sections of the petition, and wl~ich describes the procedure used in determining and verifying the number of qualified voters who have signed the petition. Mdded by Stats. 1976, c. 1278, §3.) Article 2. Petition Signatures ~1~. Form of petition; signature and address. The petition sections shall be designed so that each signer shall personally affix I~ts or her: (a) Signature; (b) Printed name; (c) Residence address, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained; and (d) Name of incorporated city or unincorporated community. Only a person who is a qualified registered-voter at the time of signing the petition is entitled to sign it. The number of signatures attached to each section shall be at the pleasure of the person soliciting the signatures. (Added by Stats. 1976, c. 248, §30 3517. Registered voter may circulate; section must show county. Any qualified registered voter may circulate an initiative or referendum petition anywhere within the state. Each section of the petition shall bear the name of a county or city and county, and only qualified registered voters of that county or city and county shall sign such section. Any circulator may sign the section he or she IS circulating as provided in Section 53. (Added by Stats. 1976, c. 248, §3; Amended by Stat~. 1976, c. 1437, §1.5.) 3519. Declaration of solicitor, Each section shall have attached thereto the declaration of the person soliciting the signatures stating: (a) The printed name of the circulator. (b) The residence address of the circulator, giving street and number, or if no street or number exists, adequate designaUon of residence so that the location may readily be ascertained. (c) The circulator is a registered voter of the state. (d) The circulator circulated the section and saw the appended signatures being written. (e) That to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports to be. (f) The dates between which all signatures on the section were obtained. (g) The circulator shall certify to the content of the declaration as to its truth and correctness, under penalty of perjury, with the signature of his or her name at length, including given name, middle name or initial. The circulator shall state the date and the Place of execution on the declaration immediately following his or her signature. ~I~NTRAL RECORDS 79 - 3754. ELECTIONS 3754. Protest of ordinance submitted to voters. If the board of supervisors does not entirely repeal the a petition is filed, the board shall submit the ordinance to the voters either at a regular election or a special election called for the purpose. The ordinance shall ~ not become effective unless and until a majority of the voters vote in favor (Added by Stats. 1976, c. 248, §$.) $755. Form of petition against an ordinance same as proposing an ordinance. The provisions of this code relating to the form of petitions, the duties of the county clerk, and the manner of holding elections, when an ordinance is proposed isbY filed.initiative(Added bypetiti°n'Stats. 1976,governc. 248,the procedure§3.) on ordinances against which a protest ~ .'~i!~'t 3756. Preservation and destruction of petitions. An intiative or referendum petition received or filed in the office of the county clerk shall be preserved until eight months after the certification of the results of the election for which the petition qualified or attempted to qualify for placement on the ballot. Public access to any such petition shall be restricted in accordance with the provisions of Section 6253.5 of the Government Code. At the end of the eight-month period, the petition shall be destroyed as soon as practicable unless it is in evidence in some action or proceeding then Pending, or unless the clerk has received a written request from the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a grand jury, or the governing body of a county, city and county, or district including a school district, that the petition be preserved for use in a pending or ongoing investigation into election irregularities, or in a pending or ongoing investigation into a violation of the Political Reform Act of 1974 as set forth in Title 9 (commencing with section 81000) of the Government Code. (Amended by Stats. 1977, c. 556, §2.) Article 3. Arguments Concerning County Measures 3780. "County measure" definition. As used in this article, "county measure" includes any proposed county charter, any proposed amendment to a county charter, any proposition for the issuance of funding or refunding bonds of the county, any other question or proposition submitted to the voters of a county at any election held throughout an entire single county, any advisory questions or any bond proposal or any advisory question submitted to the voters of any public district although the boundaries of the district may be coterminous with those of the county. (Amended by Stats. 1976, c. 916, §1.) 3781. County clerk shall transmit copy of measure to county counsel; county counsel shall prepare impartial analysis. Whenever any county measure qualifies for a place on the ballot, the county clerk shall transmit a copy of the measure to the county counsel or to the district attorney in any county which has no county counsel. The county counsel or district attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The analysis FILE NO.: ...., E,ECTIONS CODE sl~all be printed preceding t analysis shall not exceed §00 (Added by Stats. 1976, c. 2 3782. Voters may submit a If there is no other metho county measure may be subn to ~is article. If a method ! arguments as to a particular (Added by Stats. 1976, c. ~ 3783. Written arguments f~ The board of supervisors o by the board, or any individt bona fide association of ci associations may file a writte argument shall exceed 300 argument for and an arguxr measure, to be printed, and '~ the analysis with each sampl~ "official matter" within the r The following statement sl heading of the first page, of I in opposition to the proposed Printed arguments submit titled either "Argument In Fi Measure ," accor letter or number, if any, wh county clerk, the word "Proi in such titles. Words used in length of any argument. (Amended by St~ts. 1983, 3784. Final date for argm Based on the time reasor analysis, and sample ballots ~ as provided in Article 5 (~ election, the county clerk s~ election a~ter which no arg submitted for printing and ~ Notice of the date fixed shall 6061 of the Government Cod date fixed by the county el( (Amended by Stats. 1981 3785. Argument not acce A ballot argument shall n by the name or names of th behalf of an organization, tl one of its principal officers 4000° ELECTIONS, authored the material in question shall be named as the real party in (Amended by Stats. 1981, c. 1114, §9.) Chapter 3. Municipal Elections Article 1. Initiative 4000. Scope of article. Ordinances may be enacted by and for any incorporated city pursuant article. (Added by Stats. 1976, c. 248, §3.) 4001. Proposed ordinance may be submitted by petition. Any proposed ordinance may be submitted to the legislative body of the city by a petition filed with the clerk of the legislative body, in the manner hereinafter prescribed, after being signed by not less than the number of voters specified in this article. The petition may be in separate sections, providing that the same complies with all of the requirements of this article. The first page of each section shall contain the title of the petition and the text of the measure. The petition sections shall be designated in the manner set forth in Section 3516. (Added by Stats. 1976, c. 248, §3.) 4002. Notice of intent to circulate petition shall be published; form of notice. Before circulating an initiative petition in any city, or any petition relating to the annexation of territory by a city, the consolidation of cities, or the dissolution of a city, the proponents of such matter shall publish a notice of intention so to do, which notice shall be accompanied by a written statement not in excess of 500 words, setting forth the reasons for the proposed petition. The notice shall be signed by at least one, but not more than five, proponents and shall be in substantially the following form: Notice of Intent to Circulate Petition Notice is hereby given of the intention of the persons whose names appear hereon of their intention to circulate the petition within the City of for the purpose of . A statement of the reasons of the proposed action as contemplated in said petition is as follows: (Added by Stats. 1976, c. 248, §3.) 4003. Where notice is published or posted. A notice of intention and statement as referred to in Section 4002, shall be published or posted or both as follows: (a) If there is a newspaper of general circulation, as described in Section 6000 et seq. of the Government Code, adjudicated as such, said notice and statement shall be published therein at least once; or (b) If the petition is to be circulated in a city in which there isno adjudicated newspaper of general circulation, said notice and statement shall be published at least once, in a newspaper circulated within the city and adjudicated as being of general circulation within the county in which the city is located and said notice and statement shall be posted in three (3) public places within the city, which 1 O0 CENTRAL RECORE~ FILE .-. LECTIONS CODE public places shall be those u required in Section 36933 of ti~ (c) If the petition is to be ci newspaper of general circul circulation adjudicated as sucl~ the said notice and stateme] subdivision (b) of this section. (Added by Stats. 1976, c. 24 4004. Filing of publication ~ Within 10 days after the dE of intention and statement, ti statement as published or pos representative of the newspap, was posted, by a voter of the ~ Such affidavit, together wi shall be filed with the clerk c (Added by Stats. 1976, c. 2 4005. When petition may b Twenty-one days after th intention and statement, the i city for signatures by any reg: shall bear a copy of the noti( (Added by Stats. 1976, c. : 4006. Securing of signatur Signatures upon petition.' petition, together with all sec date of publication or postinl in the case o! a peQtion rela 180 days of the date on whi, such petitions are not filed shall be void for all purpose (Added by Stats. 1976, c. 4097. Affidavit attached ~ Each section shall have: the signatures. This affidavJ in Section 3519 except that t of the city and shall state tl of the affidavit. (Amended by Stats. I98; 4008. Filing of petition. The petition shall be fi authorized in writing by th, at one time. When the petition is pre (a) Ascertain the numb~ to the Secretary of State b ECTIONS ty ia ~rsuant to ly o1 the ~at the same each section~ The rm of relating to dissolution cation so to ~cess of 500 ce shall be ~hall be in les appear ------- for I action as :, Shall be :tion 6000 ~tatement judicated )lished at :being of id notice Y, which :' ~f_CTiCNS CODE 4008. p~bliC places shall be those utilized for the purpose of posting ordinances as r~quired in Section 36933 of the Government Code; or (c) If the petition is to be circulated in a city in which there is no adjudicated ~,e~-spaper of general circulation, and there is no newspaper of general c~rculation adjudicated as such within the county, circulated within the city. then ~e said notice and statement shall be posted in the manner described in subdivision (b) of this section. (Added by Stats. 1976, c. 248, §3.) 4M4. Filing of publication affidavit. Within 10 days after the date of publication or posting, or both, of the notice of intention and statement, the proponents shall file a copy of the notice and s~atement as published or posted, or both, together with an affidavit made by a representative of the newspaper in which the notice was published or, if the notice was posted, by a voter of the city, certifying to the fact of publication or posting. Such affidavit, together with a copy of the notice of intention and statement, shall be filed with the clerk of the legislative body of the city. (Added by Stats. 1976, c. 248, §3.) 4005. When petition may be circulated. Twenty-one days after the publication or posting or both of the notice of intention and statement, the petition may be circulated among the voters of the city for signatures by any registered voter of the city. Each section of the petition shall bear a copy of the notice of intention and statement. (Added by Stats. 1976, c. 248, §3.) 4006. Securing of signatures and petition filing time. Signatures upon petitions and sections thereof shall be secured, and the petition, together with all sections thereof, shall be filed within 180 days from the date of publication or posting or both of the notice of intention and statement, or in the case of a petition relating to the annexation of territory to the city, within 180 days of the date on which the first signature was affixed to said petition. If such petitions are not filed within the time permitted by this section, the same shall be void for all purposes. (Added by Stats. 1976, c. 248, §3.) 4007. Affidavit attached to petition. Each section shall have attached thereto the affidavit of the person soliciting the signatures. This affidavit shall be substantially in the same form as set forth in Section 3519 except that the affidavit shall declare that the circulator is a voter of the city and shall state the voter's voting address at the time of the execution of the affidavit. (Amended by Stats. 1983, c. 668, §2.) 4008. Filing of petition. The petition shall be filed by the proponents or by any person or persons authorized in writing by the proponents. All sections of the petition shall be filed at one time. When the petition is presented for filing, the clerk shall: (a) Ascertain the number of registered voters of the city last officially reported to the Secretary of State by the county clerk and FILE NO.: 4008. ELECTIONS (b) Determine the total number of signatures affixed to the petition. If, this examination, the clerk determines that the number ~ equals or is in excess of the minimum number of signatures required, shall accept the petition for filing. The petition shall be deemed as filed on date. Any sections of the petition not so filed shall be void for all purposes. (Added by Stats. 1976, c. 248, §3.) 4009. Examination of signatures. After the petition has been filed, as herein provided, the clerk shall the petition in the same manner as are county petitions in accordance Sections 3707 and 3708 except that, for the purposes of this section, references to the board of supervisors shall be treated as references to the legislative the city. The petition shall be preserved by the city clerk in the same manner as are county measures as set forth in Section 3756. (Added by Stats. 1976, c. 248, §3.) 4010. Petition signatures; adopt ordinance or order special election. If the initiative petition is signed by not less than 15 percent of the voters of the city according to the county clerk's official report of registration to the Secretary of State effective at the time the notice specified in Section 4002 was published, or in a city with 1,000 or less registered voters the signatures of 25 percent of the voters or 100 voters of the city, whichever is the lesser number, and contains a request that the ordinance be submitted immediately to a vote of the people at a special election, the legislative body shall either: (a) Introduce the ordinance without alteration at the regular meeting at which it is presented and adopt the ordinance within 10 days after it is presented; or (b) Immediately order a special election, to be held not less than 88 nor more~ than 103 days after the date of the order, at which the ordinance, without alteration, shall be submitted to a vote of the voters of the city. (Amended by Stats, 1981, c. 1045, §4.) 4011. Petition signatures; ordinance submitted at next regular municipal election. If the initiative petition is signed by not less than 10 percent of the voters of the city according to the county clerk's official report of registration to the Secretary of State effective at the time the notice specified in Section 4002 was published, or in a city with 1,000 or less registered voters by the signatures of 25 percent of the voters or 100 voters of said city, whichever is the lesser number, and the ordinance petitioned for is not required to be, or for any reason is not, submitted to the voters at a special election, and is not passed without change by the legislative body, then the ordinance, without alteration, shall be submitted by the legislative body to the voters at the next regular municipal election occurring not less than 88 days after the order of the legislative body. (Amended by Stats. 1981, c. 1045, §5.) 4012. Mayor may veto. In cities having a mayor, or like officer, with the veto power, when the passage of an ordinance petitioned for by the voters is vetoed, the failure of the legislative body to pass the ordinance over the veto shall be deemed a refusal of the legislative body to pass the ordinance within the meaning of this article. (Added by Stats. 1976, c. 248, §3.) 102 NO.:. FILE f LECTIONS CC IM3- Valid If a majoril ordinance sha $~all be cons: legislative bo, proposed by ii the city with~ repealed or a~ made in the ( (Added by ~014. More Any numb but the same period at a s (Added ~ 4015. Argt The pers written argu an argumen leng~, and mailed to ea The folio heading of t "Argume of the authc Printed ~ titled either Measure -- letter or nu clerk, the ~ titles. Wore of any arg~ (Amen~ 4015.5. 1~ (a) If ti immediat( petition. T rebuttal ar submit a ~ words. Th~ after the printed in immediat~ (b) Th~ on which vote, ado] apply at ELECTIONS to the petition. If, signatures, prima ~res required, the deemed as filed on id for all purposes. he clerk shall ~s in accordance ~ section, references the legislative body same manner as ecial election. ~rcent of the voters of'~ of registration to the d in Section 4002 was ; the signatures of 25 ~sser number, and La~ely to a vote of the ~r: ilar meeting at which r it is presented; or ess than 88 nor more : ordinance, without city. ~ qular municipal :ent of the voters of 'registration to the in Section 4002 was the signatures of 25 :the lesser number, r any reason is not, 1 Without change by ~all be submitted by election occurring , When the passage e of the legislative a refusal of the article. i =~CTIONS CODE 4015.5. 4113. Valid ordinance if majority. If a majority of the voters voting on a proposed ordinance vote in its favor, the ordinance shall become a valid and binding ordinance of the city. The ordinance ..,~all be considered as adopted upon the date that the vote is declared by the legislative body, and shall go into effect 10 days after that date. No ordinance proposed by initiative petition and adopted by the vote of the legislative body of the city without submission to the voters, or adopted by the voters, shall be repealed or amended except by a vote of the people, unless provision is otherwise made in the original ordinance. (Added by Stats. 1976, c. 248, §3.) 4014. More than one ordinance at same election. Any number of proposed ordinances may be voted upon at the same election, but the same subject matter shall not be voted upon twice within any 12-month period at a special election under the provisions of this article. (Added by Stats. 1976, c. 248, §3.) 4015. Arguments for and against ordinance. The persons filing an initiative petition pursuant to this article may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance. Neither argument shall exceed 300 words in length, and both arguments shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election. The following statement shall be printed on the front cover, or if none, on the heading of the first page, of the printed arguments: "Arguments in support of or in opposition to the proposed laws are the opinions of the authors." Printed arguments submitted to voters in accordance with this section shall be titled either "Argument In Favor Of Measure "or "Argument Against Measure ," accordingly, the blank spaces being filled in only with the letter or number, if any, which designates the measure. At the discretion of the clerk, the word "Proposition" may be substituted for the word "Measure" in such titles. Words used in the title shall not be counted when determining the length of any argument. (Amended by Stats. 1977, c. 297, §4.) 4015.5. Rebuttal arguments. (a) If the legislative body submits an argument against the ordinance, it shall immediately send copies of the argument to the persons filing the initiative petition. The persons filing the initiative petition may prepare and submit a rebuttal argument not exceeding 250 words. The legislative body may prepare and submit a rebuttal to the argument in favor of the ordinance not exceeding 250 words. The rebuttal teguments shall be filed with the clerk 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. (bi The provisions of subdivision (a) shall only apply if, not later than the day on which the legislative body calls an election, the legislative body, by a majority vote, adopts its provision; in which case, the provisions of subdivision (a) shall apply at the next ensuing municipal election and at each municipal election 103 CENTRAL RECORDs FILE NO.: 4015.5. ELECTIONS thereafter, unless later repealed by the legislative body in accord with procedures of this subdivision. (Added by Stats. 1977, c. 701, §1.) 4016. Conflicting ordinances. If the provisions of two or more ordinances adopted at the same conflict, the ordinance receiving the highest number of affirmative votes control (Added by Stats. 1976, c. 248, §3.) 4017. Legislative body may submit proposed ordinance to voters. The legislative body of the city may submit to the voters, without a petition therefor, a proposition for the repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or special city election, and if the proposition submitted receives a majority of the votes cast on it at the election the ordinance shall be repealed, amended or enacted accordingly. A proposition may be submitted, or a special election may be called for the purpose of voting on a proposition, by ordinance or resolution. (Added by Stats. 1976, c. 248, §3.) 4018. Copy of ordinance mailed with sample ballot. Whenever any ordinance or measure is required by this article to be submitted to the voters of a city at any election, the clerk of the legislative body shall cause the ordinance or measure to be printed. He or she shall mail a copy of the ordinance or measure with a sample ballot to each voter. The legislative body may direct that its clerk include in such mailing, as official differencematter, the provisions of the proposed ordinance or measure, showing therein the from of the of existing provisions law, by use distinguishing type styles. If such ordinance or measure exceeds 1,000 words in length, the local legislative body may direct that a synopsis of the ordinance be prepared, to be mailed to the voters in lieu of the ordinance. The synopsis shall be prepared by the city attorney unless the ordinance affects the office of the city attorney, in which case the clerk shall prepare the synopsis. Immediately below the synopsis there shall be printed in 10-point bold type a legend substantially as follows: 'The above statement is a synopsis of Ordinance or Measure Number and is not the complete text of such ordinance or measure. If you desire a complete copy of the ordinance or measure, return the enclosed prepaid postcard and a copy will be mailed at no cost to you." If the clerk, at the direction of the legislative body, mails only a synopsis of an ordinance or measure, the clerk shall enclose a postage-paid postcard which may be used by the voter to request a complete copy of the ordinance or measure which shall be mailed to such voter with postage prepaid. (Amended by Stats. 1984, c. 32, §4.) 4019. Enacting clause of ordinance. The enacting clause of an ordinance submitted to the voters of a city shall be substantially in the following form: "The people of the City of (Added by Stats. 197~, c. 248, §3.) do ordain as follows:" 104 ~. ~.ECTIONS CODE ~t!~. Conditions for spe( when a special election i~ than 88 nor more tha: proposed ordinance to the 1 tDe provisions of this code. ~ any six months, the date fo 103 days, but at as early a from the last special electk u~der this chapter within leg/slative body may sub~ instead of at a special ete¢ (Amended by Stats. 19~ 402I. Scope of article. This article does not al: (Added by Stats, 1976, 4050. Date ordinance b No ordinance shall be( its final passage, except: (a) An ordinance calli~ (b) An ordinance for t or safety, which contains and is passed by a four-fi (c) Ordinances relatin (d) Other ordinance prescribing the manner ( (Added by Stats. 1976, 4050.1. Time ordinanc referendum. (a) Notwithstanding tl issuance of revenue bon Section 6547 of the Gove (b) When the number gubernatiorial election ~ (a) exceeds 500,000, suc of a petition bearing sigr the boundaries of the cit, election. When the numt gubernatorial election v ordinance is subject t( signatures of at least 1~ the city for all candida' (c) For the purpos~ subdivision (b), the hal "Shall the (cit~ natr authorize the issuance, of $ pursua ELECTIONS accord with he same native votes toters. vithout a of any ord~ir ~ction, and if t at the '~y. A propositim ~urpose of voting ; to be submitted, ~)ody shall cause 1 a copy of the liiin~, as official ming therein the, hing type styles. nSth, the local prepared, to be be prepared by lily attorney, in ~w the synopsis Ias follows: ~ure Number ~easure. If you !closed prepaid !syno~is of an .trd Which may :e or measure city shall be -'f ~ECTIONS CODE 4050.1. 4120. Conditions for special election; consolidation with regular election. When a special election is to be called under this article, it shall be held not less than 88 nor more than 103 days after the date of the presentation of the proposed ordinance to the legislative body, and shall be held in accordance with the provisions of this code. To avoid holding more than one special election within any six months, the date for holding the special election may be fixed later than 103 days, but at as early a date as practicable after the expiration of six months from the last special election. When it is legally possible to hold a special election under this chapter within six months prior to a regular municipal election, the legislative body may submit the proposed ordinance at the regular election instead of at a special election. (Amended by Stats. 198I, c. 10~t5, §6.) 4021. Scope of article. This article does not apply to any statewide initiative measure. (Added by Stats. 1976, c. 248, §3.) Article 2. Referendum 4050. Date ordinance becomes effective. No ordinance shall become effective until 30 days from and after the date of its final passage, except: (a) An ordinance calling or otherwise relating to an election. (b) An ordinance for the immediate preservation of the public peace, health or safety, which contains a declaration of, and the facts constituting, its urgency and is passed by a four-fifths vote of the city council. (c) Ordinances relating to street improvement proceedings. (d) Other ordinances governed by particular provisions of state law prescribing the manner of their passage and adoption. (Added by Stats. 1976, c. 248, §3.) 4050.1. Time ordinance becomes effective; when ordinance subject to referendum. (a) Notwithstanding the provisions of Section 4050, ordinances authorizing the issuance of revenue bonds by a city as part of a joint powers entity pursuant to Section 6547 of the Government Code shall not take effect for 60 days. (b) When the number of votes cast for all candidates for Governor at the last gubernatiorial election within the boundaries of the city described in subdivision (a) exceeds 500,000, such ordinance is subject to referendum upon presentation of a petition bearing signatures of at least 5 percent of the entire vote cast within the boundaries of the city for all candidates for Governor at the last gubernatorial election. When the number of votes cast for ail candidates for Governor at the last gubernatorial election within the boundaries of the city is less than 500,000, such ordinance is subject to referendum upon presentation of a petition bearing signatures of at least 10 percent of the entire vote cast within the boundaries of the city for all candidates for Governor at the last gubernatorial election. (c) For the purpose of submitting the question to the voters pursuant to subdivision (b), the ballot wording shall approximate the following: "Shall the , as a member of the , (city name) (joint powers entity name) authorize the issuance of revenue bonds by the joint powers entity in the amount of $ pursuant to ordinance number , dated , 4050.1. ELECTIONS such bonds to be used for the following purposes and to be redeemed in following manner: ?" ~ ~ (Added by Stats. 1976, c. 754, §2.) 4051. Petition to reconsider ordinance, ~ If a petition protesting against the adoption of an ordinance and circulated~ any qualified registered voter of the city, is submitted to the clerk of the 1, body of the city within 30 days of the adoption of the ordinance, and is signed not less then 10 percent of the voters of the city according to the county last official report of registration to the Secretary of State, or, in a city with 1,000 or less registered voters, is signed by not less than 25 percent of the voters or voters of the city whichever is the lesser, the effective date of the ordinance: be suspended, and the legislative body shall reconsider the ordinance. (Added by Stats. 1976, c. 248, §3.) 4052. Referendum form; affidavit of circulator. Across the top of each page of the referendum petition there shall be printed the following: "Referendum Against an Ordinance Passed by the City Council" : Each section of the referendum petition shall contain the identifying number" or title and text of the ordinance or the portion of the ordinance which is the subject of the referendum. The petition sections shall be designed in the same form as specified in Section 3516. , Each section shall have attached thereto the affidavit of the persofi soliciting~ the signatures. This affidavit shall be substantially in the same form as set forth in Section 3519, except that the affidavit shall declare that the circular is a voter of the city and shall state his or her voting address at the time of the execution of the affidavit. (Amended by Stats. 1982, c. 201, §1.) 405:L Petition filing and examination of signatures. Petitions shall be accepted for filing by the clerk and the determination of the number of signatures thereon shall be made by the clerk in accordance with the provisions set forth in Section 4008. (Added by Stats. 1976, c. 248, §3.) 4054. Petitiop filing and examination of signatures. After the petition has been filed, as herein provided, the clerk shall examine the petition and certify the results in the same manner as are county petitions in Sections 3707 and 3708 except that, for the purposes of this section, references to the board of supervisors shall be treated as references to the legislative body of the city. This petition shall be preserved by the city clerk in the same manner as are county measures as set forth in Section 3756. (Added by Stats. 1976, c. 248, §3.) 4055. Ordinance submitted to voters. If the legislative body does not entirely repeal the ordinance against which the petition is filed, the legislative body shall submit the ordinance to the voters, either at a regular municipal election occurring not less than 88 days nor more than 103 days after the order of the legislative body or at a special election called for the purpose not less than 88 days after the order of the legislative body. To avoid 106 :, ~. cTiONS cODE ~o~ ,lng more than one speci ,~e~.~pecial election may pr.~cticable after the expire l~en it is legally possible t ~onths prior to a regular proposed ordinance at the ordinance shall not becom ordinance vote in favor o s,abmit~ the ordinance to ordinance do not vote in tl~e legislative body for a lelOslative body or disapP (Amended by Stats. 19 ¢035. Filing of petition Signatures upot~ petit! petition, together wilh all date of the adoption of ti~ filed within the Qme pe purposes. (Added by Stats. 197t 1057. Election regula Elections, pursuant provisions of Sections 4 (Added by Stats. 197 4058. Mayor may ve~ Whenever the legisl ordinance protested al mayor, or like officer, to pass the repeal over (Added by Stats. 4059. Date o! appro If approval of an of approval shall be d within the meaning o If an ordinance be and no action has bi deemed the date of of this article. (Added by Stats. 4060. Duty impost officer having any Any duty impose to calling a municip to this chapter, is connected with the' of this chapter. (Added by Stats ELECTIONS ,redeemed and circula k of the 1( ;, and is si !he county ~ a city with ! ' the voters or e ordinance linance. shall be pr/n~ .e C/ty Counci ;ntifying nu~ ~ce which is .'cified in $~ Person solici orm as set rcular is a voter )f the execution rnination of the :dance with the i shall examine nty Petitions in g references to slative body o! ~anner as are ns( which the , Voters, e~ther gore than i03 ~Called for the !dy. To avoid ~ .£C'i~NS CODE 4060. ~ldmg more than one special election within any six months, the date for holding :---e special election may be fixed later than 103 days, but at as early a date as pracucable after the expiration of the six montlts from the last special election. ;s'~en it is legally possible to hold a special election under this chapter within six mo~tt~ prior to a regular municipal election, the legislative body may submit the proposed ordinance at the regular, election instead of at a special election. The ordt~ance shall not become elfective until a majority of the voters voting on the ordinance vote in favor of it, If the legislative body repeals the ordinance or submits the ordinance to the voters and a majority of the voters voting on the ordinance do not vote in favor of it, the ordinance shall not again be enacted by z~e legislative body for a period of one year after the date of its repeal by the leS~slative body or disapproval by the voters. (Amended by Stats. 1983, c. 812, §60 4~$£ Filing of petition. Signatures upon petitions, and sections thereof, shall be secured, and the petition, together with all sections thereof, shall be filed within 30 days groin the date of the adoption of the ordinance to which it relates. Ii such petitions are not filed within the time permitted by this section, the same shall be void for all purposes. (Added by Stats. 1976, c. 248, §3.) 4057. Election regulations. ~ Elections, pursuant to this article, shall be held in accordance with the provisions of Sections 4013 to 4020, inclusive. (Added by Stats. 1978, c. 248, §3.) 4058. Mayor may veto. Whenever the legislative body of a city has voted in favor of the repeal of an ordinance protested against by the voters, as provided in this article, and the mayor, or like officer, has vetoed the repeal, the failure of the legislative body to pass the repeal over the veto shall be deemed a refusal to repeal the ordinance. (Added by Stats. 1976, c. 248, §30 405~. Date of approval. If approval of an ordinance by the mayor or like officer is necessary, the date of approval shall be deemed the date of its final passage by the legislative body within the meaning of this article. If an ordinance becomes law when the time for approval or veto has expired and no action has been taken, the date of the expiration ol that time shall be deemed the date of its final passage by the legislative body within the meaning of this article. (Added by Stats. 1976, c. 248, §3.) 4050. Duty imposed upon the legislative body is likewise imposed upon any officer having any duty to perform. Any duty imposed in this chapter upon the legislative body of a city in regard W calling a municipal election, or in connection with an election called pursuant to this chapter, is likewise imposed upon any officer having any duty to perform connected with the election, so far as may be necessary to carry out the provisions of this chapter. (Added by Stats. 1976, c. 248, §3.) C~N'I'RAL RECORDS FILE NO.: .. CERTIFICATE OF PUBLICATION (2015.5 C.C.P.) in South San Francisco Enterprise Journal This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Mateo I am a citizen of the United States, and a resident of the County aforesaid, over the age of eighteen years, and not a party to or interested in the above-entitled matter and I am during and at all said times, the Principal Clerk of the Printer and Publisher of South San Francisco Enterprise Journal, a newspaper of general circulation, printed and published twice weekly in the City of SOUTH SAN FRANCISCO, County of San Marco, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Mateo, State of California, under the date of December 30, 1952, Case Number 60036; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to- wit: Saturday, July 13, 1985. I certify (or declare) under penalty of perjury that the foregoing is tree and correct. Dated at South San Francisco, California, this 13th day of July 85 Certificate of Publication NOTICE OF ELECTION NOTICE OF ELECTION IS HEREBY GIVEN that a General Munici- p al Election wi!l be held in the City of South San rancisco, County of San Mateo, State of Califor- nia, on Tuesday, the 5th day of November, 1985, at which election the following offices are te be filled: Member of the City. Council -- full term (4 yrs.) Member of the City Council-- full term (4 yrs.) Member of the City Council-- full term (4 yrs.) Cit~ Clerk -- full term (4 yrs.) Cit~ Treasurer -- full term (4 yrs.) The nomination period opens Monday, July 15, 1985 at 8:00 a.m. and nomination papers may be picked up from City Clerk Barbara A. Bat- taya, 400 Grand Avenue, South San Francisco. CA Nomination closes Friday, August 9, 1985 at 5:0~l~'e-' will be a five day extension of the nominnation period if an incumbent does not file for office -- which date is Wednesday, gust 14, 1985 at 5:00 p.m. A person is not eligible to hold office as councilmah, city clerk or city treasurer unless he is at the time of assuming such office an elec- tor of the cit~, and was a registered voter of the city at the time nominationn papers are issued to the candidate G.C. 36502 and E.C. 27.,842. in the event there are no nominees or an sufficient number of nominees for the above oD flees, then appointment to such elective office will be made as prescribed by Section 23520 If there are any questions please call the City Clerk's Office at (415) 877-8518. The POLLS shall be opened at 7:00 am and shall be kept open until 8:00 p.m. of said day when the polls shall be closed, except as other- wise provided in Section 14301 of the Elections Code. By order of the City Council of the City of South San Francisco, County of San Marco, State of California, at a Regular Meeting of June 26, 1985. Dated: July 9, 1985 /s/Barbara A. Battaya, City Clerk City of South San Francisco Published m Enterprise Journal. Sar. urday. July 13, 1985 (6691F_,J) CERTIFICATE OF PUBLICATION (2015.5 C.C.P.) in South San Francisco Enterprise Journal This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Mateo I am a citizen of the United States, and a resident of the County aforesaid, over the age of eighteen years, and not a party to or interested in the above-entitled matter and I am during and at all said times, the Principal Clerk of the Printer and Publisher of South San Francisco Enterprise Journal, a newspaper of general circulation, printed and published twice weekly in the City of SOUTH SAN FRANCISCO, County of San Mateo, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Mateo, State of California, under the date of December 30, 1952, Case Number 60036; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to- wit: Wednesday, July 10, 1985 Certificate of Publication NOTICE OF ELECTION NOTICE OF ELECTION IS HEREBY GIVEN that a'General Municipal Election will be held in the City of South San Francisco, County of San Matoo, State of Califor- nia, on Tuesday, the 5th day of November, 1985, at w},i¢l; election the following offices are to be tilted: Member of the City Council --full term (4 yrs.) Member of the City Council --full term (4 yrs.) Member of the City Council --full term (4 yrs.) City Clerk --full term (4 yrs.) City Treasurer --full term (4 yrs.) The POLLS shall be opened at 7:00 a.m. and shall be kept open until 8:00 p.m. of said day when the polls shall be closed, except as other- wise provided in Section 14301 of the Elections Code. By order of the City Council of the City of South San Francisco, County of San Marco, State of California, at a Regular Meeting of June 26, 1985. Dated: June 26, 1985 Barbara A. Battaya, City Clerk City of South San Francisco Published in Enterprise Journal, Wednesday, July 10, 19~5 (6985EJ) I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at South San Francisco, California, this 10th day of July ,19 85 /s/By Edna O. Donaldson CENTRAL RBCORDS FILE NO.: .... "~'~¢ ~' CERTIFICATE OF PUBLICATION NOTICE OF ELECTION IS HEREBY GIVEN that a General Municipal Election will be held in the City of South San Francisco, County of San Mateo, State of California, on Tuesday, the 5th day of November, 1985, at which election the following offices are to be filled: Member of the City Council -- full term (4 yrs.) Member of the City Council -- full term (4 yrs.) Member of the City Council -- full term (4 yrs.) City Clerk -- full term (4 yrs.) City Treasurer - full term (4 yrs.) The nomination period opens Monday, July 15, 1985 at 8:00 a.m. and nomination papers may be picked up from City Clerk Barbara A. Battaya, 400 Grand Avenue, South San Francisco, CA 94080. Nomination closes Friday, August 9, 1985 at 5:00 p.m. There will be a five day extension of the nomination period if an incumbent does not file for office - which date is Wednesday, August 14, 1985 at 5:00 p.m. A person is not eligible to hold office as councilman, city clerk or city treasurer unless he is at the time of assuming such office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate G.C. 36502 and E.C. 22842. In the event there are no nominees or an insufficient number of nominees for the above offices, then appointment to such elective office will be made as prescribed by Section 23520. If there are any questions please call the City Clerk's Office at (415) 877-8518. The POLLS shall be opened at 7:00 a.m. and shall be kept open until 8:00 p.m. of said day when the polls shall be closed, except as otherwise provided in Section 14301 of the Elections Code. By order of the City Council of the City of South San Francisco, County of San Mateo, State of California, at a Regular Meeting of June 26, 1985. Dated: July 9, 1985 'Barbara A. Battaya, City ~'erk City of South San Francisco {=£NTRAL. RI[C~ORDS FILE: NO,~ ,., NOTICE OF ELECTION IS HEREBY GIVEN that a General Municipal Election will be held in the City of South San Francisco, County of San Mateo, State of California, on Tuesday, the 5th day of November, 1985, at which election the following offices are to be filled: Member of the City Council -- full term (4 yrs.) Member of the City Council -- full term (4 yrs.) Member of the City Council -- full term (4 yrs.) City Clerk -- full term (4 yrs.) City Treasurer - full term (4 yrs.) The POLLS shall be opened at 7:00 a.m. and shall be kept open until 8:00 p.m. of said day when the polls shall be closed, except as otherwise provided in Section 14301 of the Elections Code. By order of the City Council of the City of South San Francisco, County of San Mateo, State of California, at a Regular Meeting of June 26, 1985 . Dated: June 28, 1985 ~ttay a,~e rk City of South San Francisco CENTRAL RECORDS F'IL.E NO.: .-~"~ Date: June 26, 1985 To: The Honorable City Council Subject: General Municipal Election November 5, 1985 ACTION: Adopt Two Resolutions RECOMMENDATION: a) Adopt a Resolution which declares the date of the Municipal Election for 1985, orders the publication of a Notice of Election and states the hours during which the polls shall be open and offices to be filled. b) Adopt a Resolution requesting the County Clerk to render specified election services and contains Exhibit A, "Service Agreement for City of South San Francisco." DISCUSSION: As has been done in prior elections these Resolutions contain the notice to be published of the subject election and authorize the County Clerk to perform certain functions for the City in preparing for the election. In addition, cities conducting elections with the UDEL Election may consolidate group purchases of supplies through the County Clerk's Office and are able to effect a substantial savings in the cost of conducting the election. Please note in the Service Contract with the County that if the Council choses to place a measure on the November 5, 1985 Election Ballot then the exact wording of the measure(s) must be filed by August 9, 1985 with the County Clerk. Barbara A. Battaya City Clerk Attachments CENTRAL RECORDS FILE NO..~''-- '=~ -'~'~ OFFICE OF THE CITY CLERK (415) 877-8518 June 28, 1985 Marvin Church County Clerk/Recorder County of San MateD Coun'ty Government Center 401 Marshall Street Redwood City, CA 94063 Subject: General Municipal Election November 5, 1985 Dear Mr. Church: Please find enclosed:certified copies of: A Resolution Declaring the Date of the Municipal Election for 1985, Ordering 'the Publication of a Notice of Election as Required by 'the Elections Code and Establishing the Hours During Which the Polls Shall Be Open (Resolution No. 129-85) A Resolution Requesting County Clerk of San MateD County to Render Specified Election Services (Resolution No. 130-85) '[he Notice of Election will be published .in the Enterprise joUrnal on July 10, 1985 and if a measure is added to the Ballot the Notice will be published twice with filing dates for arguments and rebuttals. Please note that the Services Agreement has been signed and sealed and 'is attached to Resolution No. 130-85.~ Very truly yours, Barbara A. Battaya City C1 erk Attachments CENTRAL RECORD~ RESOLUTION NO. 129-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A 'RESOLUTION DECLARING THE DATE OF THE MUNICIPAL ELECTION FOR 1985, ORDERING THE PUBLICATION OF A NOTICE OF ELECTION AS REQUIRED BY THE ELECTIONS CODE AND ESTABLISHING THE HOURS DURING WHICH THE POLLS SHALL BE.OPEN BE IT RESOLVED by the City Council of the City o.f South San Francisco that the municipal election of the City of South San Francisco shall, in accor- dance with the Elections and Government Codes of the State of California, be held on the 5th day of November, 1985, for the following offices: City CoUncilman, City of South San Francisco - full term City Councilman, City of South San Francisco - full term City Councilman, City of South San Francisco - full term City Clerk, City of South San Francisco - full term City Treasurer, City of South San Francisco - full term BE IT FURTHER RESOLVED that the hours during which the polls shall be .open shall be from 7:00 'a.m. to 8:00 p.m., and the City Clerk and other officers shall give the required notices as set forth in the Elections and Government codes of the State of California'. ! hereby certify that the foregoing Resolution was regularly intro- duced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 26th day of June , 19_8_~__, by the following vote:. AYES, COUNCILMEN NOES, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Councilwoman Roberta Cerri Teglia None ABSENT, Richard A; Haffey ATTEST: /s/ Barbara A. Battaya City Clerk ST,aTE OF CALIFORNIA L COIJ~TY OF SAN ~ATEO I. ~a~re A. ~aya. Oi~e~the ~ ~ Se~ Sen ci~. ~n~ ~ Sen Mateo, State of ~lJforn~a, an ex~fficio Clerk the C;H ~u~il thereof, do h~eby ce~ that the e~e a~ go;~ is a ~11, t~e end corm~ copy of RESOLUTION ,NO. 129-85 RESOLUTION NO. 130-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION REQUESTING COUNTY CLERK OF SAN HATEO COUNTY TO RENDER SPECIFIED ELECTION SERVICES BE IT RESOLVED by the' City Council of'the City of South San Francisco as followsi 1. That the Board of Supervisors of the County of San Mateo shall be, and is hereby, requested to permit the County Clerk of said County to render the services hereinafter specified, relating to the conduct of the General Municipal Election to be held within said City on Tuesday, the 5th day of November, 1985. 2. That the election services requested by said City in connection with 'the holding and conducting of said election are more particularly set forth in Exhibit "A" attached hereto and incorporated herein, the same .as though fully set forth at length. 3, That said City, shall, and does hereby, ~accept and agree to comply with 'the tetras .and conditions of the perfomance of said election services, and the payments therefor, as set forth in Exhibit "A." 4. The County Clerk is further authorized and delegated to perform the duties specified in Exhibit "A" for the purpose of the general municipal elec- tion to be held within the City of South San Francisco on Tuesday, the 5th day of November 1985o I hereby certify that the foregoing Resolution was'regularly introduced and adopted by the City. Council of the City of South San Francisco at a CEN Fh:AL RE, CORDI~ requl ar meeting 198~5, by the following vote: AYES, COUNCILMEMBERS Mark N. NOES, " ABSENT, " held on the 26th Addieqo, Emanuele Roberta Cerri Teqlia None Richard A. Haffe.v ATTEST: /s/ Barbara A. City day of N. Damonte, Battaya Clerk JUne Gus Nicolopulos; and COUNTY OF SAN M~ ~*co, Coun~ of ~n ~a~eo, Stele of ~he CiH ~u~} the~f, do hereby ce~ t~t ~ ~ ~ f~ going is · full. t~ end corr~ co~ R[SOLUTIOH NO. 130-85 IN V/ITt~E~ -.,~ ,c~-~.,:~ I have hereunto s~ my hand end t~ s~l of C;~ Cler~ e.d E,-0~ii:;o C~erk ~f t~e C;t~ ~un~l~of ~e C~ of Se~h Sen ~nc~sco ' Ch~ C', e ~r~ EY---~ ............................. t .................. ~IBIT A TO RESOLUTION NO. 130-~ SERVICE AGREEMENT FOR CITY ox SO. SAil FRArlCISC.O GENERAL MUNICIPAL ELECTION CONSOLIDATED WITH NOVEMBER SCHOOL GOVERNING BOARD AND CONSOLIDATED ELECTIONS The County Clerk will perform ail legal actions and services for the conduct of the election except the Following: SPECIFIED ELECTION ACTIONS OR SERVICES TO BE PERFORMED BY CITY CLERK 1. By resolution, request the Board of Supervisors (through the County Clerk) to permit the County Clerk to render specified election services to the City relating to the conduct of the election. Signed Service Agreement should accompany Resolution. Deadline to request services of County Clerk is 88 days prior to the election or AUGUST 9, 1985 . If a measure(s) is to be voted on, exact wording of measure(s) must also be filed by the 88th day prior to election. Note: Cities who have changed their municipal election date tot he November School Governing Board and Uniform District Elections have alread~ had their municipal ~lection consolidated b~ Board of Supervisor action. 2. legal Publications: All legal publications are the responsibility of the City Clerk including but not limited to: Notice of Election, Notice to File Arguments For or Against, List of Nominees, etc. ~lote~ Count~ Clerk will provide list of applicable election officers and polling ~!aces to the Cit~ Clerk approximatel~ 29 da~s prior to election. Nomination Paper~: City Clerk 'is to issue, file and check all Nomination Documents. City Clerk is to certify List of Official Candidates (including number to be elected, exact way each name is to appear on ballot and the ballot designation) to the County Clerk at least 81 days prior to election. The deadline to file this certification is AUGUST 16, 1985- · City Clerk is to prepare and deliver to the County Clerk the ballot pamphlet containing, if applicable, Ballot Measure(s), Analysis of Measure(s), Arguments For or Against, Rebuttals thereto and Candidate's Statements ·(Statements of Qual- ifications). Due date of this material at the Office of the County Clerk, 40 Tower Road, San Mateo, is SEPTEMBER 27, 1985 · City Clerk is to advise County clerk if any Write-In Candidate officially files a Declaration of Candidacy. Notification is required as soon as possible, but in no case .immediately after the 14th day prior to the election or OCTOBER 23, 1985 SERVICE AGREEMENT FOR CITY OF SO, SAN FRANC I'SCO Page TERMS AND CONSIDERATION This schedule shall be in effect for the performance of all services incident to the preparation and conducto-F the City of South San Francisco Municipal Election consolidated wi~.h the UDEL Election to be held _ ,November 5,.. 1985 except services listed as required by City Clerk. In the event the County is unable to perform services required under this Agreement, as a result of employer/employee relation conditions, vendor conditions or other conditions beyend the control of the County Clerk, the County will be relieved of ail obligations under this Agreement. Consideration: In consideration of the performance of services and supplies provided by the County Clerk, the City of South San Francisco shall pay to the County Clerk a sum equal to the actual cost of such services and supplies. City C1 erk Title June 28, 1985 Date CENTRAL. RECORDS' F,~.~ NO,, ,..~x~ ~...,~. ,,,~ sta June 12, 1985 To: The Honorable City Council Subject: LIMITATION ON TERMS OF CITY COUNCIL MEMBERS ACTION: Item for discussion. RECOMMENDATION: It is recommended that Sections 2.16.020 and 2.16.030 of the Municipal Code, which limit Councilmembers to two (2) successive elective terms, be repealed, and in the interim, that no action be taken to enforce those sections. SUMMARY: The provisions of Section 2.16.020, which limits Council members to two (2) successive elective terms, amounts to a change in the "qualifications" of that office and I believe, is unlawful because it is beyond the power of the City Council to establish qualifications for the office of City Councilmen. It is my opinion that the two (2) term limit is subject to a legal challenge based upon either of two grounds: (a) Constitutionality, or (b) Preemption. The two-term unit would probably be overturned based upon preemption. The reasons for this opinion are set forth in detail in the discussion section of this staff report. DISCUSSION: In 1981, when Chapter 2.16 entitled "Municipal Elections" was adopted, the pro- visions of Ordinance No. 685, originally adopted in 1972, limiting Council members to two (2) successive four (4) year elective terms were readopted. A recent re- view of several provisions of the South San Francisco Municipal Code related to elections and campaigning included a review of Chapter 2.16. Our research indi- cated that the provisions of Section 2.16.020 limiting Council members to two (2) successive elective terms is subject to legal challenge and would probably be overturned on the theory that it is an area preempted by state law. (a) Constitutionality: Article 11, Section 2 of the California Constitution gives the State Legislature the power to prescribe uniform procedures for city formation and to provide for city powers. Section 36502 of the Government Code presently sets forth the following qualifica- tions for councilmen, clerk or treasurer of a general law city: CENTRAL REC;ORD:~ The Honorable City Council June 12, 1985 Page 2 "A person is not eligible to hold office as councilman, city clerk or city treasurer unless he, at the time of assuming such office, an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 22842 of the Elections Code. If, during the term of his office he moves his place of residence outside of the city limits or ceases to be an elector of the city, his office shall immediately become vacant." Section 36502 was amended in 1975, probably in response to Thompson v. Mellon (1973) 9 Cal.3d 96. The Thompson case involved a challenge to the constitu- tionality of a city charter provision prescribing a two year residence require- ment for candidates for the office of councilman. The court concluded that the particular provision violated the equal protection clause of the 14th Amendment to the United States Constitution and ordered the issuance of a Peremptory Writ of Mandate directing the City Clerk to file the petitioner's nomination papers and to place his name on the ballot subject to his compliance with all other re- quirements for becoming a candidate for City Councilman. The court in Thompson concluded that the right to hold office was a fundamental right in that restrictions upon its exercise must be subject to strict scrutiny. The court in Thompson cited a quote from the case of Zeilenga v. Nelson (1971) 4 Cal.3d 716 as follows: "The right to vote would be empty indeed if it did not include the right of choice for whom to vote . .this does not mean there must be perfect equality between ~he two...but it does mean that in judging the validity of a restraint upon eligi- bility for elective office, we must be mindful that the re- straint is upon the right to vote as well...far from being unrestricted, the power to prescribe qualifications for elec- tive office is sharply limited by the Constitutional guarantee of a right to vote . . "at page 721 and "the right to run for public office is a fundamental right as is the right to vote . . . "at page 723. The crucial question in determining whether or not the present limitation on the number of consecutive terms which may be served by a member of City Council meets constitutional muster is whether the City can meet the burden of establish- ing that this requirement conditioning the right to run for public office promotes a compelling governmental interest and that such requirement is necessary to further such interest. Although not impossible, that is a very difficult burden to meet, and if the foregoing provisions do not pass constitutional muster, the City may be subject to an action in damages in the event that it actually re- fuses to accept the nominating papers of a council member seeking a third term of office. CENTRAl- The Honorable City Council June 12, 1985 Page 3 (b) Preemption_. Nevertheless, if a legal challenge to Section 2.16.020 were made, the constitutional question would probably not have to be answered. That is true because it appears the State has preempted the field in determining what conditions and qualifications may be established for those persons seeking to hold offices of/councilman, city clerk or city treasurer of a general law city. ± In answering a question regarding the power of a general law city to change the term of a city councilman, the Attorney General in Volume 56 of the Opinions of the Attorney General at Page 328 stated that: "The legislature has fully occupied the field in this area. Municipal elections are State affairs and the legislature has control over the method of election and the terms of municipal officers . . ." Also, in 1979, the California Court of Appeal in Youn~er v. Board of Supervisors 93 Cal.App. 3d 864 ruled a charter provision of the County of San Diego which limited the number of consecutive terms a county elected official could serve to be in violation of the California Constitution. The Court of Appeal held that a chartered county has only those powers authorized by the California Constitution, and that the Constitution does not authorize such a county to establish addi- tional qualifications for candidacy for a county elective office. This case established that placing a limitation on the number of consecutive terms that an elected official could serve is indeed a change in the "qualifications" of that office. The California Constitution specifically gives to the legislature the power to set qualifications for local municipal office. The legislature has acted under this power and has not deemed it necessary to limit the number of consecutive terms which a city councilman can serve in a general law city. Therefore, employing the rationale expressed in Younger, the State Legislature has not authorized general law cities to establish additional qualifications for candidacy for municipal elective office. Based upon the foregoing, it is my opinion that the provisions of Section 2.16.020 of the Municipal Code which readopted the provisions of Section I of Ordinance No. 635 are preempted by State  ~ law and are susceptible to challenge in the event that a council member wishes to seek a third term. ~ K. ROGERS, JR. City Attorney RKR/mm This opinion does not extend to whether or not a charter city has the power to limit council members to two consecutive terms of office. CE.N'I- RAL ~£cORD~, Days prior to Election 97 120 - 90 (suggested) 113 - 88 (89 - 75) 88 84 (suggested) 83 82 81 74 (suggested) 63 (suggested) 63 61 54 ELECTION CALENDAR MUNICIPAL ELECTIONS - NOVEMBER 5, 1985 (consolidated pursuant to EC 23300 et seq.) Da te Action *July 8 - Aug. 7 Publish Notice of Election one time (time of election, offices to be filled, etc.) and Notice of Measures to be voted on. (if any) Govt. Code 6061, EC 22830, 22835, 23511, 23520, ED 5326 & 5363. July 15 ~ Aug. 9 Nomination Period. Govt Code 36503.7, EC 23302.5. Nomination papers signed by minimum 20, maximum 30. EC 22836 July 31 Deadline to file semi-annual Campaign Statement covering period 1-1-85 through 6-30-85 or period of 5-19-85 through 6-30-85. Govt. Code 84205 (Aug. 8 - Aug. 22) August 9 (Publish Notice of Election. EC 22830, 22835) Last day to request County Clerk to provide services. EC 22003 Deadline to consolidate measures on ballot. EC 23302 August 13 Publish Notice to file Arguments for or Aoainsz measure (if any). EC 3784 August 14 Close of extended Nomination Period for non-incumbent to file if incumbent does not file. ED 5012.5, EC 23521.5, 22840.5 August 15 Random Alphabet drawing by Secretary of State EC 10217 August 16 August 23 Deadline to file with County Clerk the names of candidates to be on ballot. EC 23302 Deadline to file Primary Arguments (if any). September 3 Deadline to file Rebuttal Arguments. September 3 September 5 September 12 If no one or only one person has been nominated for an office, City Clerk makes publication of such facts and City Council may appoint nominee(s). EC 22843.5 ~b~3List of Nominees twice, 5 days apart. Last day for public examination of proposed measure(s) and argument(s). EC 5025 Election Calendar - Municipal Elections - Nov. 5, 1985 - con't. Days prior to Election Date Action 44 September 22 (Legal date Sun., due Sept. 23) Deadline to file threshold Campaign Statement covering period 7-1-85 through 9-17-85. Govt. Code 84205 29 October 7 20 October 16 14 October 22 Voter registration closes. EC 301 Absentee Voter Balloting Opens. EC 1002 Deadline to publish list of Election Officers and Polling Places. EC 22834 -Deadline to file as Write-in Candidate. EC 7301 Not applicable if Council makes appointment. EC 22843.5 12 October 24 Deadline to file thneshold Campaign Statement covering period 9-18-85 through 10-19-85. Govt. Code 84205 7 October 29 Regular period for Absentee Voting closes. EC 1002 0 November 5 Election Day November 25 Deadline for County Clerk to certify official canvass of the vote. *It is suggested that a publication of Notice of Election be made prior to openinQ of nomination period. Municipal code calls for publication 89 - 75 days. 6/85