WHEREAS, Article XIV, Section 1400, of the Charter of the City of Sunnyvale requires that a General Municipal Election to fill elective offices be held in the odd numbered years on the date established by General Law for the election of governing members of elementary school districts; and

WHEREAS, an election may be ordered to be held in other political subdivisions on the same day, in the same territory, or in territory that is in part the same; and

WHEREAS, whenever two or more elections of any legislative or congressional district, public district, city, county or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, such elections may be either completely or partially consolidated pursuant to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code and Section 5342 of the Education Code; and

WHEREAS, Section 10002 of the Elections Code empowers the City Council to request the assistance of the County Registrar of Voters to provide election services to the City;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:

1. CALLING GENERAL MUNICIPAL ELECTION. Pursuant to Section 1400 of the Charter of the City of Sunnyvale, a General Municipal Election hereby is called to be held in and for the City of Sunnyvale on Tuesday, November 4, 2003, for the purpose of electing four Councilmembers, each for a full term of four years, one to the office of "Councilmember Seat No. 4," one to the office of "Councilmember Seat No. 5," one to the office of "Councilmember Seat No. 6," and one to the office of "Councilmember Seat No. 7."

2. DUTIES OF CITY CLERK. The City Clerk hereby is directed to do all things required by law to effectuate such General Municipal Election including, but not limited to, required publications, postings, noticings and filings.

3. CONSOLIDATION OF ELECTIONS. Pursuant to Part 3 (commencing with Section10400) of Division 10 of the Elections Code, the City Council hereby requests the governing body of any such other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such elections, and to further provide that, upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots opened and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by any body or official authorized by law to perform such functions and canvass the returns of the election; and that this City Council consents to such consolidation.

4. CONTRACT WITH REGISTRAR. Pursuant to Section 10002 of the California Elections Code, the City Council hereby requests the Board of Supervisors of the County of Santa Clara to permit the Registrar of Voters to render services to the City of Sunnyvale relating to the conduct of Sunnyvale's General Municipal Election to be held on Tuesday, November 4, 2003.

Services shall be of the type normally performed by the Registrar of Voters in assisting the clerks of municipalities in the conduct of elections including, but not limited to, those certain services set forth in Section 3 hereof.

Subject to the approval of the Board of Supervisors of the foregoing requests, the City Clerk is hereby authorized to engage the services of the Registrar of Voters of the County of Santa Clara to aid in the conduct of the election. Further, the City Director of Finance is authorized and directed to pay the costs of services, provided that no payment shall be made for services which the Registrar of Voters is otherwise required by law to perform.

5. LEVYING OF COSTS OF CANDIDATES' STATEMENTS. Pursuant to Section 13307 of the Elections Code, the City Council hereby determines to levy against each candidate availing himself or herself of the service of including a candidate's statement not to exceed two hundred (200) words in length in the voter's pamphlet, the actual prorated costs of printing, handling, translating and mailing the candidate's statement, if any, incurred by the City. It is estimated that the pro rata costs of printing, handling, translating and mailing each candidate's statement filed pursuant to Section 13307 of the Elections Code will be approximately One Thousand Seven Hundred and Sixty-Nine ($1,769.00). Candidates filing a statement shall pay in advance his or her pro rata share. The provisions of this section are subject to the provisions of Chapter 2.28 of the Sunnyvale Municipal Code relating to in lieu petitions. The City Clerk shall provide written notice to such effect with each set of nomination papers issued.

Candidates shall not be permitted to submit materials other than the candidate's statement with the sample ballot and the voter's pamphlet.

6. TRANSMITTAL OF RESOLUTION. The City Clerk is hereby directed to submit forthwith a certified copy of this resolution to the Board of Supervisors, to the Registrar of Voters, and to the County Clerk of the County of Santa Clara.

ADOPTED by the City Council at a regular meeting held on ______________, 2003, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
Mayor

ATTEST:
City Clerk

(SEAL)