HomeMy WebLinkAbout05-16-2017 Item 12 Call for a special election - initiative to repeal the Rental Housing Inspection program and to adopt new chapter 15.10 Meeting Date: 5/16/2017
FROM: Carrie Gallagher, City Clerk
SUBJECT: CALL FOR A SPECIAL ELECTION AND TAKE OTHER RELATED
ACTIONS TO SUBMIT TO THE VOTERS ‘”AN INITIATIVE TO REPEAL
CHAPTER 15.10 OF THE SAN LUIS OBISPO MUNICIPAL CODE
ENTITLED “RENTAL HOUSING INSPECTION” AND TO ADOPT NEW
CHAPTER 15.10 ENTITLED “NON-DISCRIMINATION IN HOUSING”’
RECOMMENDATION
1. Adopt a Resolution (Attachment A) calling for, and giving notice of a Special All Mailed
Ballot Municipal Election on Tuesday, August 22, 2017 for the submission of a proposed
Ordinance to the qualified voters of the City of San Luis Obispo regarding ‘”An Initiative
to Repeal Chapter 15.10 of The San Luis Obispo Municipal Code Entitled “Rental
Housing Inspection” and to Adopt New Chapter 15.10 Entitled “Non-Discrimination in
Housing” and requesting the San Luis Obispo Board of Supervisors render services to
conduct an August 22, 2017 Special All Mailed Ballot Election; and
2. Provide direction regarding the City Council’s argument against the initiative; and
3. Adopt a Resolution (Attachment D) setting priorities for filing written arguments
regarding a proposed initiative and directing the City Attorney to prepare an impartial
analysis; and
4. Consider a Resolution (Attachment D) appointing an ad-hoc subcommittee consisting of
two of its members to prepare and submit an argument against the measure and rebuttal
argument, if warranted; and
5. Appropriate funds from the undesignated General Fund Reserve up to $160,000, for
assistance from the San Luis Obispo County Clerk-Recorder to conduct this special
election.
DISCUSSION
Background
On August 30, 2016, proponents Stewart D. Jenkins, Daniel J. Knight and Daniel L. Carpenter
filed a Notice of Intention to Circulate a Petition, together with a request for preparation of the
ballot title and summary by the City Attorney.
The City Attorney prepared the ballot title to read, ‘“An Initiative to Repeal Chapter 15.10 of the
San Luis Obispo Municipal Code entitled “Rental Housing Inspection” and to adopt new Chapter
15.10 entitled “Non-Discrimination in Housing”’.
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On February 16, 2017, proponents of ‘”An Initiative to Repeal Chapter 15.10 of The San Luis
Obispo Municipal Code Entitled “Rental Housing Inspection” and to Adopt New Chapter 15.10
Entitled “Non-Discrimination in Housing”’ submitted a signed petition for filing with the City
Clerk’s office. Pursuant to the California Elections Code 9211 and 9115, the petition was
examined for signature verification using the random sample method by the San Luis Obispo
County Clerk-Recorder. After prima facie review, the petition appeared to exceed the minimum
requirement of 3,918 signatures, or fifteen percent (15%) of the City’s 26,122 registered voters
(per the County Elections official’s last report of registration to the Secretary of State).
On February 16, 2017, a Special City Council workshop was held to discuss the rental housing
inspection program at which time, Council directed staff to return with an ordinance repealing
the existing Rental Housing Inspection Program ordinance, Chapter 15.10 of the San Luis
Obispo Municipal Code.
On March 7, 2017, at the regular meeting of the City Council, after a public hearing, the City
Council voted unanimously to introduce an Ordinance repealing Chapter 15.10 Rental Housing
Inspection Program of Title 15 of the Municipal Code.
On March 13, 2017, the City Clerk determined that the initiative petition met the following
criteria: 1) the petition was timely filed; 2) the petition contained the requisite number of valid
signatures; and 3) the format of the petition substantially complies with the technical
requirements of the California Elections Code, was sufficient and qualified to be submitted to the
voters at a special municipal election.
On March 21, 2017, at the regular meeting of the City Council, the City Council unanimously
adopted Ordinance No. 1632, to Repeal Chapter 15.10 Rental Housing Inspection Program of
Title 15 of the Municipal Code. Ordinance No. 1632 became effective on April 20, 2017.
On March 21, 2017, the Council approved the City Clerks Certificate of Sufficiency and
pursuant to Section 9212 of California Elections Code, requested a report of the impacts of the
proposed initiative be presented no later than 30 days after the elections official certifies to the
legislative body the sufficiency of the petition.
On April 18, 2017, City staff provided the report of the impacts of the proposed initiative as
previously directed by the City Council at which time the Council had the option to: (1) adopt
the Ordinance without alteration; or (2) immediately order a special election, to be held pursuant
to California Elections Code Section 1405(a), at which the ordinance, without alteration, shall be
submitted to a vote of the voters of the city.
Council unanimously voted to place the measure on the ballot and immediately directed the City
Clerk to prepare the necessary documents and return to Council at its May 16 meeting with an
item to call for an All Mailed Ballot Special Election pursuant to California Elections Code
Section 1405(a).
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Historical Background Regarding the Conduct of Elections
Ordinance 1559 (2011 Series), (Attachment E), to this report enables the Council, by resolution,
to call a mailed ballot election for the purpose of considering Charter amendment or repeal
measures on dates established under the Elections Code or any other date specified by Council
resolution.
The City Clerk’s office has sufficient resources to manage the day-to-day support of Council and
other advisory board committees and related business. The City’s practice has been to contract
with the County of San Luis Obispo to conduct both regular and special municipal elections
because the City Clerk's office does not have the capacity in-house to conduct an election
without the assistance of an Elections contractor. Tasks involved in conducting an election
include, in part:
1) Locating vendors qualified and prepared to print approximately 30,000 sample ballot
pamphlets, various types of envelopes (return, provisional ballot, outgoing absentee voter),
absentee voter instructions, and the ballots themselves (requiring a vendor certified by the
Secretary of State's office).
2) Obtaining and affixing approximately 30,000 address labels.
3) Issuance of replacement ballots.
4) Checking signatures on absentee ballot applications and absentee ballot envelopes on ballot
envelopes for an all mailed ballot election.
5) Process Conditional Voter Registrations.
6) Provide voter assistance by phone or in person.
7) Secure storage of all election material for 6 months as required by the Elections Code.
The County Registrar of Voters office has advised the City Clerk that it will be able to assist in
the conduct of a special election for the City of San Luis Obispo in August 2017.
In order to call this special election, the City Council should adopt a Resolution (Attachment A)
calling for, and giving notice of a Special All Mailed Ballot Municipal Election on Tuesday,
August 22, 2017 for the submission of a proposed Ordinance to the qualified voters of the City of
San Luis Obispo regarding ‘”An Initiative to Repeal Chapter 15.10 of The San Luis Obispo
Municipal Code Entitled “Rental Housing Inspection” and to Adopt New Chapter 15.10 Entitled
“Non-Discrimination in Housing”’ and requesting the San Luis Obispo Board of Supervisors
render services to conduct an August 22, 2017 Special All Mailed Ballot Election.
Impartial Analysis and Primary Ballot Arguments
Pursuant to Elections Code Section 9280, the City Council may direct the City Clerk to provide a
copy of the proposed measure to the City Attorney for the purpose of preparing an impartial
analysis not exceeding 500 words for publication in the voters’ sample ballot. Consistent with
City practice, staff recommends that the Council provide this direction so that an impartial
analysis may be prepared. The impartial analysis shall be submitted to the City Clerk no later
than Tuesday, May 30, 2017. The 10-day public examination period for the impartial analysis
would be May 31st through June 9th. The attached resolution (Attachment D) directs the City
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Attorney to prepare an impartial analysis.
Elections Code Section 9282 establishes a 300-word limit for primary ballot arguments and
priorities for selecting those arguments. Based on dates established by State law, primary ballot
arguments would have to be submitted to the City Clerk no later than 5:00 p.m. on Tuesday, May
30, 2017. The public 10-day examination period for these arguments would be from May 31st
through June 9th. The attached resolution (Attachment D) sets the priorities for selecting those
arguments.
While public resources generally cannot be used for advocacy for or against a ballot measure, the
Elections Code does expressly authorize the City Council to “submit an argument against the
ordinance.” The primary options to prepare arguments for or against (the proponents of the
initiative have first priority on crafting the arguments in favor) are as follows:
Appoint an ad-hoc committee consisting of one to up to five its members to draft and submit the
ballot argument. Those appointed members will be considered the authors of the argument and
their names will appear as such in the sample ballot.
If Council appoints a majority of its members (3-5 members) then a time and place for
discussion and drafting of the argument must be held in an open meeting pursuant to the
Brown Act. If Council chooses this option, staff suggests for Council to choose a Special
Meeting date or dates and time at tonight’s meeting to add to its calendar. The argument
must be submitted to the City Clerk no later than 5:00 p.m. Tuesday, May 30, 2017
If Council appoints 1-2 of its members to draft the argument, staff recommends that they
are appointed to draft and submit the argument on behalf of the legislative body. All five
members could be listed, but the authority to sign the argument and draft and finalize the
argument could be delegated to the ad hoc committee, which would not have to conduct
it’s business exclusively in open meetings and would have greater flexibility in meeting
to draft the argument. Pursuant to Elections Code Section 9283, no more than five
signatures shall appear with any argument submitted. This approach would not require
that the time and place for drafting arguments be open to the public and any argument
once submitted to the City Clerk would be available for public inspection and review.
Another variation of this option is the Council could appoint one or two members of the
City Council to draft the argument on behalf of the legislative body and the draft could
then be reviewed by the Council as a whole at a duly noticed special meeting before the
deadline.
Council also may elect not to submit a primary ballot argument. In that case, pursuant to
Elections Code Section 9287 the following in order named, may submit an argument:
1. Bona fide associations of citizens.
2. Individual voters who are eligible to vote on the measure.
Staff recommends that the Council discuss and provide direction about the preparation and
submission of ballot argument and rebuttal argument if warranted. A draft resolution has been
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provided, which assumes that the Council will appoint a subcommittee consisting of two of its
members to prepare and submit a ballot argument and rebuttal argument, if warranted. This
resolution can easily be changed or disregarded if the council decides to go in a different
direction.
Rebuttals
Pursuant to Elections Code Section 9285 (b) the author or majority of the authors of an argument
relating to a city measure may prepare and submit a rebuttal argument or authorize in writing any
person or persons to prepare, submit or sign the rebuttal argument.
On July 1, 2014, the Council adopted Resolution No. 10544 (2014 Series) (Attachment F)
adopting provisions for rebuttal arguments. Pursuant to Section 9285(b) of the Elections Code,
no further action is required to enable the submittal of rebuttal arguments. However, if the
Council designates a subcommittee to draft its primary argument, the Council may wish to
provide input to the subcommittee as to whether the subcommittee should draft the rebuttal or
whether the Council is comfortable with the subcommittee designating another person or group
to submit a rebuttal. If no express direction is given to the subcommittee, the Elections Code
leaves that decision to the discretion of the drafters of the primary argument.
Public Review Period and Deadlines
Election Code Section 9295 provides that the Election Official shall allow a 10 -calendar day
public examination period immediately following the filing deadline for submission of specified
official election materials (i.e., arguments, rebuttals, analyses). During that 10-calendar day
period, any voter of the City or the Election Official may seek court action to require any or all
such materials be amended or deleted.
Education and Outreach by the City
In accordance with State law, public resources may not be used for ballot measure campaign
activities. Public resources may be used, however, for informational activities. The rules against
the use of public resources for campaign activities apply once a measure has qualitied for the
ballot. A plain-language pamphlet about ballot measure activities and the use of public resources,
published by the California Institute of Local Government (ILG) which is affiliated with the
California League of Cities, is attached as (Attachment H). This pamphlet includes do’s, don’ts
and best practices related to this topic. Unless directed to disengage from this matter, staff
intends to follow the rules about appropriate use of agency resources to provide objective and
fact-based educational materials and conduct outreach in response to inquiries. For the City
Council’s information, additional detailed information about “Ballot Measures and Public
Agencies can be found on the ILG website at http://www.ca-ilg.org/document/three-explanatory-
resources-ballot-measure-activities.
FISCAL IMPACT
The City of San Luis Obispo’s practice is to contract with the County Clerk-Recorder for
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assistance in the conduct of its municipal elections. The City Clerk has received an estimate in
the amount of $158,770 (Attachment G) for the County to conduct an All Mailed Ballot Special
Election. In order for this to happen the Council must appropriate funds from the undesignated
General Fund Reserve up to $160,000, for assistance in the conduct of a special election.
ALTERNATIVES
1. Council may elect to choose an alternative election date other on Tuesday, Au gust 22
between the dates of August 12 and August 27 not including Fridays, Saturdays or
Sundays.
2 Council may elect not to direct the City Attorney to prepare an impartial analysis for
publication in the voters’ sample ballot.
3. Council may elect not to submit an argument opposing this local ballot measure.
4. Council or its subcommittee may elect to authorize in writing any person or persons to
prepare, submit or sign rebuttal argument, if warranted.
Attachments:
a - RHIP Calling for Election Resolution
b - Exhibit A to Resolution - Proponents Text of Ordinance
c - Exhibit B to Resolution - County Board of Supervisors Quote
d - RHIP Arguments and Attorney Analysis Resolution
e - Ordinance 1559 (2011 Series) All Mailed Ballot Elections
f - Resolution 10544 (2014 Series) Setting Rebuttals
g - County Board of Supervisors Special Election Quote/Services
h - ILG Activities & Public Resources Guide
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R ______
RESOLUTION NO. _____________(2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A SPECIAL ALL MAILED BALLOT MUNICIPAL
ELECTION TO BE HELD TUESDAY, AUGUST 22, 2017, FOR THE
SUBMISSION OF A PROPOSED ORDINANCE AND REQUESTING THE
BOARD OF SUPERVISORS TO RENDER SERVICES RELATING TO
THE CONDUCT OF THE ELECTION
WHEREAS, pursuant to authority provided by statute a petition has been filed with the
legislative body of the City of San Luis Obispo, California, signed by more than 15% (percent) of
the number of registered voters of the city to submit a proposed ordinance relating to “An Initiative
to Repeal Chapter 15.10 of the San Luis Obispo Municipal Code entitled “Rental Housing
Inspection” and to adopt new Chapter 15.10 entitled “Non-Discrimination in Housing”; and
WHEREAS, the San Luis Obispo County Clerk-Recorder examined the records of
registration; and
WHEREAS, the City Clerk has ascertained that the petition is signed by the requisite
number of voters, and has so certified; and
WHEREAS, the City Council after receiving an impacts report pursuant to Elections Code
voted not to adopt the ordinance; and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed
ordinance to the voters; and
WHEREAS, notice is hereby given that a special all mailed ballot municipal election will
be held in the City of San Luis Obispo on August 22, 2017; and
WHEREAS, the City requires assistance for the proper conduct of the special election and
desires to request services of the San Luis Obispo County Elections Official to conduct said special
election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to charter cities, there is called and ordered to be held in the City of San Luis Obispo,
California, on Tuesday, August 22, 2017, a Special All Mailed Ballot Municipal Election for the
purpose of voting on a citizen initiative to be placed on the ballot in the following form:
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Resolution No. _____ (2017 Series) Page 2
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Shall an ordinance be adopted to replace Chapter 15.10 of
the San Luis Obispo Municipal Code, which was
previously entitled “Rental Housing Inspection”, but was
repealed by the City Council on April 20, 2017, with new
Chapter 15.10 to be entitled “Non-Discrimination in
Housing”’?
YES
NO
SECTION 2. That the text of the ordinance submitted to the voters is (attached as
Exhibit A.)
SECTION 3. That the vote requirement for the measure to pass is a majority (50%+1)
of the votes cast.
SECTION 4. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 5. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election by all
mailed ballot.
SECTION 6. That the polls shall be open at seven o’clock a.m. of the day of the
election and shall remain open continuously from that time until eight o’clock p.m. of the same
day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in
§ 14401 of the Elections Code of the State of California.
SECTION 7. That pursuant to section 10002 of the Elections Code of the State of
California, the City Council requests the Board of Supervisors of the County to permit the County
Elections Official, to render specified services, (attached as Exhibit B), to the City of San Luis
Obispo relating to the conduct for the holding of a special election on Tuesday, August 22, 2017,
and said Board is hereby authorized to canvass the returns of the special election and certify the
results of the canvass of the returns of the special election to the Council of the City of San Luis
Obispo, which shall thereupon declare the results thereof.
SECTION 8. That pursuant to the applicable provisions of the City Charter and
Ordinance No. 1559 (2011 Series) of the City of San Luis Obispo, said special election shall be
held and conducted by all mailed ballot, and shall be conducted pursuant to Chapter 2 of Division
4 commencing with Section 4100 of the California Elections Code only insofar as required by law,
and only where not inconsistent with the Charter of the City of San Luis Obispo and Ordinance
No. 1559 ( 2011 Series).
SECTION 9. That the City shall reimburse the County for services performed when the
work is completed and upon presentation to the City of a properly approved bill pursuant to section
51350 of the Government Code.
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Resolution No. _____ (2017 Series) Page 3
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SECTION 10. That the City Clerk is hereby directed to file certified copies of this
resolution with the Board of Supervisors and the Elections Official of the County of San Luis
Obispo.
SECTION 11. That notice of the time and place of holding the election is given and
the City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 12. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
Upon motion of ____________________ seconded by________________ and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _________day of ____________ 2017.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Carrie Gallagher
City Clerk
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R ______
RESOLUTION NO. _____ (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.
WHEREAS, a Special Municipal Election is to be held in the City of San Luis Obispo,
California, on August 22, 2017, at which there will be submitted to the voters the following
measure:
“An Initiative to Repeal Chapter 15.10 of The San Luis Obispo Municipal Code Entitled “Rental
Housing Inspection” And to Adopt New Chapter 15.10 Entitled “Non-Discrimination In
Housing”
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That the City Council authorizes the following member(s) of its body
________________________ (Council Member Against)
________________________ (Council Member Against)
to file a written argument not exceeding 300 words regarding the City measure as specified above,
accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance
with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The
arguments may be changed or withdrawn until and including the date fixed by the City Clerk after
which no arguments for or against the City measure may be submitted to the City Clerk.; and
SECTION 1. That the City Council authorizes members of the City Council identified in
this Resolution to file a written argument on behalf of the entire City Council Against City measure
not exceeding 300 words, accompanied by the printed names and signatures of the authors
submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State
of California. The arguments may be changed or withdrawn until and including the date fixed by
the City Clerk after which no arguments for or against the City measure may be submitted to the
City Clerk.
The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s)
of the author(s) submitting it, or if submitted on behalf of an organization, the name of the
organization, and the printed name and signature of at least one of its principal officers who is the
author of the argument. The arguments shall be accompanied by the Form of Statement To Be
Filed By Author(s) of Argument; and
SECTION 2. That the city council directs the City Clerk to transmit a copy of the measure
to the city attorney, unless the organization or salaries of the office of the city attorney are affected.
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Resolution No. _____ (2017Series) Page 2
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a. The city attorney shall prepare an impartial analysis of the measure not exceeding 500
words showing the effect of the measure on the existing law and the operation of the
measure. If the measure affects the organization or salaries of the office of the city
attorney, the city clerk shall prepare the impartial analysis.
b. The analysis shall include a statement indicating whether the measure was placed on
the ballot by a petition signed by the requisite number of voters or by the governing
body of the city.
c. In the event the entire text of the measure is not printed on the ballot, nor in the voter
information portion of the voter information guide, there shall be printed immediately
below the impartial analysis, in no less than 10-point type, the following: “The above
statement is an impartial analysis of Ordinance or Measure __. If you desire a copy of
the ordinance or measure, please call the election official’s office at (insert phone
number) and a copy will be mailed at no cost to you.”
d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of
primary arguments.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2016.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
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Resolution No. _____ (2017Series) Page 3
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APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Carrie Gallagher
City Clerk
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ORDINANCE NO. 1559 (2011 Series )
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO RELATING TO TH E
CONDUCT OF MAILED BALLOT ELECTION S
WHEREAS,pursuant to the authority granted under Section 301 of the City Charter, th e
City Council desires to provide procedures for conducting special municipal elections for an y
purpose by mailed ballot .
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Lui s
Obispo that any special municipal election may be conducted as an all-mail ballot election i n
accordance with the provisions of Sections 1 through 11 of this ordinance .
SECTION 1 .Scope of Mailed Ballot Elections . Any special municipal electio n
specified herein may be held as a mailed ballot election for any purpose .
SECTION 2 . Any mailed ballot election may be conducted, and the votes thereo f
canvassed, and the returns thereof made, and the result thereof ascertained and determined, a s
herein provided ; and in all particulars not prescribed by this ordinance, said elections shall b e
held as provided by the general laws of the State of California for the holding of municipa l
elections in the City . The Elections Official is hereby authorized and directed to take all action s
necessary to conduct said special elections as provided herein and as required by law .
SECTION 3 .Dates for Special Municipal Elections . The date for any mailed ballo t
special municipal election shall either be on a date set by the California Elections Code section s
1000, 1001, or 1500, or on any other date set by resolution of the City Council .
SECTION 4 .Drop-off Centers . The Elections Official, or his or her designe e
(hereinafter "Elections Official"), shall establish the official ballot drop-off centers . The officia l
drop-off centers shall be open during normal business hours 29 days before Election Day o n
weekdays (excluding holidays) and on Election Day from 7 :00 a .m . to 8 :00 p .m., and at tha t
time, shall be closed .
SECTION 5 .Provision of Ballot Materials . The Elections Official shall provide to eac h
registered voter appropriate supplies necessary for the use and return of the ballot by mail .
A.Each ballot mailed by the Elections Official shall be accompanied by a ballo t
pamphlet and instructions for return of the ballot, including the location of the official ballo t
drop-off centers for the special election, and the date and time by which such ballot must b e
received at the official ballot drop-off centers to be counted for the election .
B.Each ballot mailed by the Elections Official shall be accompanied by an officia l
return envelope .
C.The return envelope shall bear the following information, to be printed thereon b y
the Elections Official or provided by the voter, as appropriate :
0 1559
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Ordinance No . 1559 (2011 Series )
Page 2
1.A notice that the envelope contains an official ballot and is to be opened only by th e
canvassing board .
2.A warning plainly printed that voting more than once constitutes a crime .
3.A declaration of the voter, under penalty of perjury, that he or she resides within th e
precinct in which he or she is voting and is the person whose name appears on th e
envelope .
4.The residence address of the voter as shown on the affidavit of registration .
5. The signature of the voter .
6. The date of signing .
7.If the ballot will be returned in person by someone other than the voter, the voter's
handwritten designation of that person by name, and a declaration signed by the voter ,
under penalty of perjury, that said adult person has been authorized by the voter to retur n
the ballot .
D.The Elections Official shall not commence to mail the ballot and electio n
materials prior to the 29th day before the election, and shall complete the mailing no later tha n
the 10th day prior to the election .
E.The failure of any registered voter to receive an official ballot shall not invalidat e
any election conducted pursuant to this Chapter .
SECTION 6 .Return of Ballots .
A.Ballots may be returned by regular, certified or registered United States mail ,
overnight commercial carrier or in person . Ballots returned in person may be returned to th e
official drop-off centers . The Elections Official may include a notice to voters to the effect tha t
they are permitted to return the voted ballot by regular, certified, or registered United States mai l
or overnight commercial carrier .
B.All ballots shall be delivered, by mail to the Elections Official or in person by th e
voter or other authorized person to the official ballot drop-off centers no later than 8 :00 p .m . on
the date of the special election . Any ballot received by the Elections Official by mail or at th e
official ballot drop-off centers after 8 :00 p .m . on the date of the Special Election shall not b e
accepted or counted . However, if at the time of the announcement that the poll is closed ther e
are any voters inside the official ballot drop-off centers who have not been able to deposit thei r
official ballot envelope with the election officials there, the election officials shall continue t o
accept envelopes from such voters until all have had the opportunity to deliver their ballots .
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Ordinance No . 1559 (2011 Series )
Page 3
C.Any ballot returned in person shall be returned by the voter who was authorized to
cast the ballot or by an adult person designated and authorized, in said voter's own handwriting ,
in the appropriate place provided by the Elections Official on the outside of the return envelope .
Any person who shall deliver any other voter's ballot to the official ballot drop-off
centers shall, at the time of such delivery, personally sign, in the presence of the Election s
Official or a Deputy Elections Official, a declaration under penalty of perjury relating to suc h
designation, authorization and delivery on a form to be furnished by the Elections Official .
D.The Elections Official shall establish appropriate procedures for verifying th e
signature and residence address of each voter casting a mailed ballot . Upon receipt at th e
Elections Official's office, the Elections Official or a Deputy Elections Official shall compare th e
signature on each envelope with that appearing on the affidavit of registration of such voter and ,
if determined to be the same, deposit the ballot, still in the official return envelope, in a ballo t
container in the Elections Official's office . If the ballot is rejected on the basis of such
comparison, the envelope shall not be opened and the ballot shall not be counted, and the caus e
of rejection shall be noted on the face of the envelope . A variance between the signatures cause d
by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot .
No ballot shall be removed from its envelope until the time for processing . No ballot shall b e
rejected on the basis of this subsection after the envelope has been opened .
SECTION 7 . Official Ballot Drop-off Centers . The Elections Official shall establish th e
appropriate procedures and furnish the necessary staffing to ensure the secrecy and adequat e
security of ballots returned to the officially designated ballot drop-off centers .
SECTION 8 .Absent Voter .
A.No application need be made by any voter for an absentee ballot for this specia l
election conducted entirely by mail and, except as otherwise provided in this ordinance, th e
provisions of Division 3 (Section 3000 et seq .) of the Elections Code of the State of Californi a
shall not apply to this special election ; provided, however that any voter who has qualified as a
permanent absentee voter under the Elections Code shall receive and return a ballot in th e
manner provided herein for all other voters . The return of the mailed ballot conforming in al l
particulars to the requirements of this ordinance shall be accepted as an absentee ballot on behal f
of any voter who is absent from the City on the date of the election .
B.Any registered voter who will be absent from the City prior to the mail-ballo t
election to and including the date of the election may file a written application with the Cit y
Clerk to receive an absentee mailed ballot at an address other than the voter's residence . The
application shall be filed following the adoption of the resolution calling the mailed ballo t
election and on or before the seventh day prior to the election . The application shall show th e
voter's place of residence and the address to which the ballot should be mailed, and state that th e
voter will be unable to receive and return the mailed ballot by the election date, and shall b e
signed by the applicant under penalty of perjury. No voter who requests an absentee mail ballot
shall be required to return or surrender a duplicate mailed ballot sent to the voter's residence .
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Ordinance No . 1559 (2011 Series )
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SECTION 9 .Provisional Ballots . Any registered voter who has not already cast his o r
her vote may obtain a ballot at the official drop-off centers . The drop-off centers shall provid e
the necessary materials to enable voters to cast their votes in person, in accordance with th e
provisional ballot provisions of the Elections Code .
SECTION 10 .Processing of Ballots . Notwithstanding any provision in the Californi a
Elections Code, the Elections Official may commence processing the ballots no earlier than th e
seventh working day prior to the election . However, the Elections Official shall not release an y
results until 8 :00 p .m. on the day of the special election .
SECTION 11 .Effective Date . This ordinance, being an ordinance calling, ordering an d
relating to an election, shall take effect immediately from and after its adoption .
SECTION 12 .If any part of this ordinance is held by a court of competent jurisdictio n
to be invalid, void, or unenforceable, the remainder of the ordinance shall remain in full forc e
and effect and shall in no way be affected, impaired, or invalidated .
SECTION 13 .A summary of this ordinance approved by the City Attorney shall b e
published at least once in a newspaper of the City of San Luis Obispo at least three (3) day s
before its adoption .
INTRODUCED on the 15th day of March 2011,AND FINALLY ADOPTED by th e
Council of the City of San Luis Obispo, on the 5th day of April, 2011, on the following vote :
AYES :
Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaug h
and Mayor Mar x
NOES :
None
ABSENT : None
ATTEST :
d,-
Elaina Can o
City Clerk
hereby certify that this document is a tru e
-)riginal of Ordinance No ./;c-59 ,',,)anre was published pursuant
to C'al Section 602 .
Date
Clerk
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City Council Meeting
May 16, 2017
CALL FOR A SPECIAL ELECTION AND TAKE OTHER
RELATED ACTIONS TO SUBMIT TO THE VOTERS AN
INITIATIVE TO REPEAL CHAPTER 15.10 OF THE SAN
LUIS OBISPO MUNICIPAL CODE ENTITLED "RENTAL
HOUSING INSPECTION" AND TO ADOPT NEW CHAPTER
15.10 ENTITLED "NON-DISCRIMINATION IN HOUSING"
Recommendation
1. Adopt a Resolution (Attachment A) calling for, and giving notice of a Special All y
Mailed Ballot Municipal Election on Tuesday, August 22, 2017 for the
submission of a proposed Ordinance to the qualified voters of the City of San
Luis Obispo regardin An Initiative to Repeal Chapter 15.10 cf The San Luis
Obispo Municipal Coe Entitled "Rental Housing Inspection" and to Adopt Now
Chapter 15.40 Entitled "Mon -Discrimination in Housing" and requesting the
San Luis Obispo Board of Supervisors render services to obnduot an August
a 2017 Spacial All Mailed Ballot Election; and
2. Provide direction regarding the City Council's argument against the initiative;
and
3. Adopt a Resolution (Attachment D) setting priorities for filing written arguments
regarding a proposed initiative and directing the City Attorney to prepare an
impartial analysis; and
4. Consider a Resolution [Attachment D] appointing an ad-hoc subcommittee
consisting of two of its members toprepare and submit an argument against
the measure and rebuttal argument, if warranted; and
5. Appropriate funds from the undesignated General Fund Reserve up to
$180.000, for assistance from the San Luis Obispo County Clerk -Recorder to
conduct this special election.
5/17/2017
1
Council Argument
■ Council argument against measure?
■ Options for Council drafting and submitting argument
and rebuttal argument
■ Ad-hoc Committee to draft & submit (recommended)
■ Ad-hoc Committee needing Council's review and
approval prior to submitting
• Full Council
■ Select to not submit a primary ballot argument
Bona Fide Association of Citizens
Individual eligible voters
Council Direction
Shall an ordinance be adopted to replace
YES
former Chapter 15.10 of the San Luis Obispo
Municipal Code, entitled `Rental Housing
Inspection" (repeated by City Council
Ordinance 1632, effective April 20, 2G17), 401-,
new Chapter 15.10 to be entitled 'Non -
Discrimination in Hncjsing'? NO
5/17/2017
2