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Home My WebLink About03-21-2017 Item 14 - Verification of Sufficiency of Signatures on Citizens Initative to repeal the Rental Housing Inspection program Meeting Date: 3/21/2017 FROM: Carrie Gallagher, City Clerk SUBJECT: VERIFICATION OF SUFFICIENCY OF SIGNATURES ON A CITIZENS’ 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. Receive, and accept the City Clerk’s Certificate of Sufficiency of Initiative Petition; and 2. Direct staff to prepare a report analyzing its impact and present the report the City Council on or before April 18, 2017. DISCUSSION 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 with the City Clerk’s office. Pursuant to the California Elections Code 9211, the petition was examined for signature verification by the San Luis Obispo County Clerk-Recorder. 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. (Attachment A) 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” (Attachment B) On February 16, 2017, an initiative petition was submitted for filing in the City Clerk’s Office. 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.) Pursuant to the California Elections Code 9115, the County Clerk-Recorder of Voters was contracted to verify the signatures using the random sample method with the following results: (Attachment C) Packet Pg. 203 14 Total number of signatures submitted: 7,112 Total number of signatures checked (random): 500 Total number of sufficient signatures (based on random): 381 Total number of insufficient signatures (based on random): 119 Total number of insufficient because of duplication: 2 Total Number of signatures required: 3,918 (15% x 26,122 voters) Total number of signatures valid based on random sampling signatures found sufficient and random sampling formula applied (7112 x 76.2%) 5,419 As the City’s election official, the City Clerk has determined that the initiative petition meets the following criteria: 1) the petition was timely filed; 2) the petition contains the requisite number of valid signatures; and 3) the format of the petition substantially complies with the technical requirements of the California Elections Code and qualifies to be submitted to the voters at a special municipal election. (Attachment D) Elections Code 1405(a) provides that the election shall be held not less than 88 nor more than 103 days after the date of the order of the election. Before ordering the election, the City Council may order a report on the initiative pursuant to Elections Code Section 9212 on any or all of the following: 1. Its fiscal impact. 2. Its effect on the internal consistency of the city’s general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. 3. Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs. 4. Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. 5. Its impact on the community’s ability to attract and retain business and employment. 6. Its impact on the use of vacant parcels of land. 7. Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. 8. Any other matters the legislative body requests to be in the report. Packet Pg. 204 14 The report shall be presented to the legislative body within the time prescribed by the legislative body, but no later than 30 days after the City Clerk certifies sufficiency of the petition. If the City Council orders such report, the last regular meeting of the City Council within the prescribed 30 days is April 18, 2017. When the report is presented, the City Council must either adopt the ordinance within ten days or order an election. While the Election Code allows for 10 days to review the report before the Council is required to make a decision, the following projected preliminary milestones indicates that the report will be presented and the Council will make a decision at the same meeting. RENTAL HOUSING INSPECTION ORDINANCE -INITITATIVE TIMELINE DATE E-MINUS (DAYS)DESCRIPTION 1 2/21/2017 -189 Petition Deemed Sufficient for Signature Verification 2 3/13/2017 -169 City Clerk Verifies Sufficiency 3 3/21/2017 -161 City Council Receives and Files Sufficiency Results and Orders Report 4 4/18/2017 -133 City Council Receives Impacts Report- Adopt Unaltered Ordinance or Call Special Election & Deisgnates Subcommitee or Process for Arguments 5 4/19/2017 -132 Post Notice of Deadline for Filing Arguments and Impartial Analyses 7 5/3/2017 -118 Last Day to File Arguments & Impartial Analyses/ 14 days after Council calls election 8 5/13/2017 -108 Last Day to File Rebuttal Arguments/ 10 Days After Arguments 8/29/2017 0 ELECTION DAY FISCAL IMPACT There is no fiscal impact for accepting the certification of the petitio n. Should the Council decide to submit the ordinance, without alteration, to the voters at a Special Election to be held on August 29, 2017, additional costs for conducting the election will be incurred. ALTERNATIVES If the City Council chooses an alternative to the staff recommendation it could take one of the following actions: a) Adopt the ordinance without alternation. This alternative is not recommended due to the measure’s inclusion of untested recitals and conclusions of law and fact that are prejudicial to the City and because there are potential impacts and adverse consequences of adopting the replacement provision that would benefit from further analysis and public consideration by the Council prior to any final actions being taken. b) Direct the City Clerk to return with the necessary resolution(s) to submit the ordinance without alteration to the voters at a Special Election to be held on August 29, 2017. Packet Pg. 205 14 Attachments: a - Notice of Intent to Circulate Petition b - Ballot Title and Summary c - Office of the County Clerk Recorder Petition Statistics d - Certificate of Sufficiency Signed Packet Pg. 206 14 Packet Pg. 207 14 Packet Pg. 208 14 Packet Pg. 209 14 Packet Pg. 210 14 Packet Pg. 211 14 Packet Pg. 212 14 Packet Pg. 213 14 Packet Pg. 214 14