City of Sacramento
City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01532 8/9/2022 Discussion Item 2.
Administrative Approvals Associated with The Emergency Shelter and Enforcement Act of 2022 for Placement on the November 8, 2022 Municipal Election File ID: 2022-01532
Location: Citywide
Recommendation: 1) Adopt a Resolution directing the preparation of an impartial analysis for a Sacramento City measure pertaining to the Emergency Shelter and Enforcement Act of 2022, for inclusion in the November 8, 2022 General Municipal Election official ballot; and 2) adopt a Resolution authorizing members of the City Council to author arguments for the Emergency Shelter and Enforcement Act of 2022, that will be presented to the voters in the November 8, 2022 General Municipal Election Voter Information Guide.
Contact: Mindy Cuppy, City Clerk, [email protected], (916) 808-5442, Wendy Klock-Johnson, Chief Assistant City Clerk, [email protected], (916) 808-7509, Office of the City Clerk
Presenter: None
Attachments:
1-Description/Analysis
2-Resolution (Directing the City Attorney to Prepare an Impartial Analysis) 3-Resolution (Authorizing Written Argument Authors)
Description/Analysis
Issue Detail: As provided in California Elections Code section 9280, for any measure approved for placement on the ballot by the City Council, the City Council may direct the City Clerk to transmit a copy of the measure to the City Attorney for preparation of an impartial analysis of the measure. The analysis is for the purpose of showing the effects of the measure on existing law and the operation of the measure. The analysis shall be printed in the official Voter Information Guide preceding the arguments and shall not exceed 500 words. The impartial analysis is due in the Office of the City Clerk no later than Wednesday, August 17, 2022 at 4:30 p.m. An impartial analysis will provide both the City of Sacramento and the voters of the city with impartial information regarding the measure.
Select and authorize members of the City Council to author and submit arguments for measures for the November 8, City of Sacramento Page 1 of 3
File ID: 2022-01532 8/9/2022 Discussion Item 2.
2022, ballot. This action will ensure that the Council’s argument(s) are selected for printing in the official Voter Information Guide pursuant to the selection criteria contained in California Elections Code section 9287.
To secure its position in the selection of ballot arguments for the Sacramento City measures, in the event the City Clerk receives more than one argument for or against the measure, the City Council may select who will author and file the ballot argument(s) on the City Council’s behalf.
For City Council measures, the City Council, or any councilmember(s) authorized by the City Council, may file a written argument in support of or opposition to a measure. If the City Council, or authorized member(s), do not submit an argument for a City Council measure, any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, may submit an argument in support of or opposition to any measure.
Up to five authors’ names will be printed with the argument. If the City Council, as a body, chooses to submit an argument, at least one Councilmember should be designated as the author.
If more than one argument is received for a given position, the City Clerk will follow the selection criteria outlined in the Sacramento City Code section 1.16.070, which provides for the following author priority: (a) The City Council, or members authorized by the council; (b) charter officer or officer of department director; (c) individual voters who are eligible to vote on the measure; or (d) a bona fide association of citizens, or combination of voters and associations.
The primary arguments are due in the Office of the City Clerk no later than 4:30 p.m. on Friday, August 12, 2022. If arguments are appropriately received, each side will be given the opportunity to provide a written rebuttal. The rebuttal arguments are due in the Office of the City Clerk no later than 4:30 p.m. on Monday, August 22, 2022. Both supporting and opposing arguments must be received in order for a rebuttal argument to be submitted.
Policy Considerations: The action recommended is consistent with the California Elections Code and the City’s past practices.
If the recommended action is taken, the City Council would secure its priority in the City Clerk’s selection of ballot arguments should more than one argument be submitted in support of or opposition to the measure. The action recommended is consistent with the California Elections Code and the City’s past practices.
Economic Impacts: None.
Environmental Considerations: None.
Sustainability: None.
Commission/Committee Action: None.
Rationale for Recommendation: The impartial analysis of a measure approved for placement on the November 8, 2022 ballot will be provided to the voters in the official Voter Information Guide. The impartial analysis will show the effects of the measure on existing law and the operation of the city.
If more than one argument for or against any approved measure is filed with the City Clerk, and the City Council has selected and authorized argument authors by resolution, the City Clerk would be required to select the City Council’s designated argument author.
Financial Considerations: The estimated cost for a citywide measure is $28,228.90 and $4,063.81 for each City of Sacramento Page 2 of 3
File ID: 2022-01532 8/9/2022 Discussion Item 2.
additional page over four in the County Voter Information Guide (if applicable). There are sufficient funds in the elections budget to cover the cost of adding this to the ballot.
Local Business Enterprise (LBE): Not applicable.
City of Sacramento Page 3 of 3
RESOLUTION NO. 2022-XXXX
Adopted by the Sacramento City Council
Directing the City Attorney to Prepare and Impartial Analysis of the Sacramento City Measure Pertaining to the Emergency Shelter and Enforcement Act of 2022, Approved by the City Council to be Submitted to the Voters at the General Municipal Election to be Held on Tuesday, November 8, 2022
BACKGROUND
A. On __________, 2022, the City Council approved text of the proposed ordinance (2022- ____) to be submitted to the voters.
B. On __________, 2022, the City Council adopted a resolution (2022-____) calling for, giving notice of, and consolidating a General Election to be held on Tuesday, November 8, 2022 and the Statewide General Election held on November 8, 2022.
C. On __________, 2022, the City Council adopted a resolution (2022-____) approving for placement on the November 8, 2022, General Election ballot a question pertaining to the Emergency Shelter and Enforcement Act of 2022.
D. The City of Sacramento desires to have an impartial analysis of the measure.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Council hereby directs the City Attorney to prepare an impartial analysis of the issue pertaining to the Emergency Shelter and Enforcement Act of 2022 showing the measure’s effect on existing law and its operation. The impartial analysis is not to exceed 500 words, and the City Attorney shall file it with the City Clerk no later Wednesday, August 17, 2022, by 4:30 p.m. for the November 8, 2022 General Municipal Election.
Section 2. The City Clerk is hereby directed to cause the impartial analysis to be printed in the official sample ballot for the November 8, 2022, General Municipal Election.
Section 3. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
RESOLUTION NO. 2022-XXXX
Adopted by the Sacramento City Council
Authorizing the City Council or Members of the City Council to Submit Written Argument(s) for a Sacramento City Measure Pertaining to the Emergency Shelter and Enforcement Act of 2022, Approved by the City Council to be Submitted to the Voters at the General Municipal Election to be held on Tuesday, November 8, 2022
BACKGROUND
A. On __________, 2022, the City Council approved text of the proposed ordinance (2022- ___) to be submitted to the voters.
B. On __________, 2022 the City Council adopted a resolution (2022 -___) calling for and giving notice and consolidating a General Election to be held on Tuesday, November 8, 2022 and the Statewide General Election held on November 8, 2022.
C. On __________, 2022, the City Council adopted a resolution (2022 -____) approving for placement on the November 8, 2022, General Election ballot a question pertaining to the Emergency Shelter and Enforcement Act of 2022.
D. The City Council desires to submit argument(s) for the measure.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Council hereby authorizes the following members, on behalf of the City Council, to file a written argument for/support the question pertaining to the measure Emergency Shelter and Enforcement Act of 2022:
Name(s) _______________________
_______________________
_______________________
_______________________
_______________________
Section 2. The City Council hereby authorizes the following members, on behalf of the City Council, to file a written argument against/opposing the question pertaining to the measure Emergency Shelter and Enforcement Act of 2022:
Name(s) _______________________
_______________________
_______________________
_______________________
_______________________
Section 3. The arguments shall be prepared in accordance with the California Elections Code and the Election Official’s printing guidelines available from the City Clerk.
Section 4. The primary arguments are due in the Office of the City Clerk no later than 4:30 p.m. on Friday August 12, 2022. If arguments are appropriately received, each side will be given the opportunity to provide a written rebuttal. The rebuttal arguments are due in the Office of the City Clerk no later than 4:30 p.m. on Monday, August 22, 2022.
Section 5. The City Council hereby directs the City Clerk to certify the passage and adoption of this resolution and enter it into the book of origin.