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HomeMy WebLinkAbout04-18-2017 Item 10 Ordinance Introduction regarding Rental Housing Inspection & Non-Discrimination in Housing or Provide Direction to Return with Documents to Order a Special Election Meeting Date: 4/18/2017 FROM: Derek Johnson, Assistant City Manager Prepared By: Carrie Gallagher, City Clerk SUBJECT: INTRODUCE AN ORDINANCE REGARDING RENTAL HOUSING INSPECTION AND NON-DISCRIMINATION IN HOUSING OR PROVIDE DIRECTION TO RETURN WITH DOCUMENTS TO ORDER A SPECIAL ELECTION RECOMMENDATION 1. Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, abolishing Chapter 15.10 of the San Luis Obispo Municipal Code entitled “Rental Housing Inspection” and adopting a new chapter 15.10 entitled “Non-Discrimination in Housing”; or 2. Direct the City Clerk to prepare the necessary documents to call for an All Mail Ballot Special Election pursuant to Elections Code § 1405(a). 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.” 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. 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 9211 and 9115, the petition was examined for signature verification using the random sample method by the San Luis Obispo County Clerk-Recorder. 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 ordinance Chapter 15.10 of the San Luis Obispo Municipal Code. On March 7, 2017, at the regular meeting of the City Council, a public hearing was held to introduce an Ordinance repealing Chapter 15.10 Rental Housing Inspection Program of Title 15 Packet Pg 573 10 of the Municipal Code. Council voted and the item unanimously passed. 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, Ordinance 1632 repealing Chapter 15.10 Rental Housing Inspection Program of Title 15 of the Municipal Code was unanimously adopted. Ordinance No. 1632 becomes effective on April 20, 2017. On March 21, 2017, the Council approved the City Clerks Certificate of Sufficiency and pursuant to Elections Code § 9212, requested a report of the effect 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 effects of the proposed initiative as previously directed by the City Council. Once the impacts report has been considered, the Council has the option of: (1) Adopt the Ordinance (Attachment A), without alteration, at this regular meeting or within 10 days after it is presented; or (2) immediately order a special election, to be held pursuant to Elections Code § 1405(a), at which the ordinance, without alteration, shall be submitted to a vote of the voters of the city. Ordinance No. 1559 (2011 Series), (Attachment B), to this report enables the Council, by resolution, to call a mailed ballot election for any purpose on dates established under the Elections Code or any other date specified by Council resolution. Per Elections Code § 1405(a), except as provided below, the election for a county, municipal, or district initiative that qualifies pursuant to Section 9116, 9214, or 9310 shall be held not less than 88 nor more than 103 days after the date of the order of election. Should Council decide to order a Special Election, the City Council will be asked to provide the City Clerk direction on: 1. All necessary documents to set election date by resolution; and 2. All necessary documents to allow for the setting of priorities for filing, written arguments, and delegate or otherwise provide for the submittal of arguments; and 3. The necessary documents to direct the City Attorney to prepare an impartial analysis; and 4. All necessary documents to provide for the filing of rebuttal arguments by resolution. Packet Pg 574 10 ENVIRONMENTAL REVIEW In Tuolumne Jobs & Small Business Alliance v. Superior Court, No. S207173 (Supreme Court, Aug. 7, 2014), the California Supreme Court ruled that the California Environmental Quality Act (CEQA) does not apply when a lead agency receives a voter initiative petition that qualifies under the Elections Code and the lead agency chooses to adopt the initiative without putting the decision to the voters. Likewise, CEQA does not apply should the City Council determine to place the matter before the voters. FISCAL IMPACT The City of San Luis Obispo has made it a practice to contract with the County Registrar of Voters for assistance in the conduct of its municipal elections. The City Clerk's staff is investigating costs associated which are estimated between $119,000 to $158,000. ALTERNATIVES The range of alternatives are specified in California Elections Code and are reflected in the recommendation. Attachments: a - Initiative Measure to be Submitted Directly to the Voters b - Ordinance No. 1559 (2011 Series) Packet Pg 575 10 O ______ ORDINANCE NO. _____ (2017 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ABOLISHING CHAPTER 15.10 OF THE SAN LUIS OBISPO MUNICIPAL CODE ENTITLED “RENTAL HOUSING INSPECTION” AND ADOPTING A NEW CHAPTER 15.10 ENTITLED “NON-DISCRIMINATION IN HOUSING” WHEREAS, the People of San Luis Obispo seek to protect the privacy of all residents from discriminatory inspections invading residents’ privacy that violate the First, Fourth and Fifth Amendments of the U.S. Constitution; and WHEREAS, Chapter 15.10 requires mandatory intrusive inspections inside homes in San Luis Obispo violating the privacy of City residents under the First, Fourth and Fifth Amendments; and WHEREAS, Chapter 15.10 is so vague that City Officials are authorized to silently discriminate in determining whose home to target based on age, income, political activity, or status as a renter or an owner; and WHEREAS, Chapter 15.10 must be abolished and replaced with a Non-Discrimination in Housing Ordinance to protect residents’ privacy in San Luis Obispo; NOW, THEREFORE, THE PEOPLE OF THE CITY OF SAN LUIS OBISPO DO ORDAIN AS FOLLOWS: SECTION 1. This ordinance shall be known as the “Non-Discrimination in Housing Ordinance.” SECTION 2. Chapter 15.10, “Rental Housing Inspection”, of the San Luis Obispo Municipal Code is hereby repealed and new Chapter 15.10 is adopted to read as follows: CHAPTER 15.10. NON-DISCRIMINATION IN HOUSING SECTION 15.10.010 The City of San Luis Obispo shall not discriminate against any person based upon age, income, disability, gender, race, ethnicity, sexual identity, or inability or ability to own a home, by imposing any compulsory program, policy, intrusion or inspection applicable to any residential dwelling unit. No determination to conduct an inspection of any dwelling shall be based substantially on any occupant’s age, income, disability, gender, race, ethnicity, sexual identity or status as an owner or renter of such dwelling. SECTION 3. The people of City of San Luis Obispo hereby request this ordinance be submitted immediately to a vote of the people at a special election, pursuant to Elections Code § 9214. Packet Pg 576 10 Ordinance No. _____ (2017 Series) Page 2 O ______ INTRODUCED on the 18th day of April, 2017, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 2nd day of May 2017, on the following vote: AYES: NOES: ABSENT: ____________________________________ 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 Packet Pg 577 10 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 Packet Pg 578 10 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 . Packet Pg 579 10 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 . Packet Pg 580 10 Ordinance No . 1559 (2011 Series ) Page 4 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 Packet Pg 581 10 Page intentionally left blank. Packet Pg 582 10