HomeMy WebLinkAbout05-02-2017 Item 13 Initiative Alternative to the currently qualified Rental Housing Inspection Initiative Ballot Measure on upcoming All Mail Special ElectionPage 13_1
Page 13_2
Page 13_3
Page 13_4
Page 13_5
Page 13_6
Page 13_7
Discussion of a Potential City Council
Initiated Alternative Ballot Measure
May 2, 2017
By: J. Christine Dietrick
I
ALTERNATIVES TO CONSIDER ' '_
-- L
1. Place no alternative measure on the upcoming special election ballot.
2. Place a focused alternative Council measure on the upcoming special
election that affirms the repeal of the Rental Housing Inspection Program,
requires voter approval to adopt any similar mandatory rental housing
inspection program and voids the citizen initiative measure it the Council
measure is adopted by a greater number of affirmative votes than the
citizen initiative measure, if that should also pass.
3. Place a companion or complementary measure on the upcoming special
election that affirms the repeal of the Rental Housing Inspection Program,
requires voter approval to adopt any similar mandatory rental housing
inspection program, contains a provision that attempts to clarify, define or
provide exceptions to the non-discrimination language contained in the
citizen initiative and voids the original measure if adopted by a greater
number of affirmative votes than the original measure should that also
pass.
5/3/2017
1
5/3/2017
COMPANION OR COMPLEMENTARY
MEASURE - Fros and _
ons
POTENTIAL BENEFITS OF ALTERNATIVE MEASURE
POTENTIAL RISKS OF ALTERNATIVE MEASURE
ADDRESSING NON-DISCRIMINATION PROVISION
ADDRESSING NON-DISCRIMINATION PROVISION
Clarihcatlon ofinconsistency,ambiguity and/or conflicts
Adoption of language that does not Fully mitigate risks in
of proposed citizen initiative with existing law and City
proposed language, and/or creates other unanticipated
IrilSilld ryp4
odnu lArn Of in[aM�IMWe/
Unique or expanded local protections beyond those
State/Federal law preemption or conflicts
provided in State or Federal law
Opportunity to propose a better crafted, clearer non-
Com plementary or clarifying proposition wouldnot
discrimination provision and eliminate recitals asserting
address the statements regarding an constitutional
City legal violations (-note: this option would be a
conduct included in the recitals of the initiative measure
ompe[ing or conflicting measure [hat would negate the
(because, by definition, a measure contesting those
originally proposedinitiative, ifapproved by a greater
assertions would be competing or conflicting)
umber of affirmative votes
Potential to diffuse contentious and time consuming
Contentiousness may arise surrounding both measures
ampaign activities by proponents or committee
rtw nO ItudrMlifil loo ubu mo rcrdlrts tarrryalrn
treasurer
activi ties from any party or group; proponents and
cam a mittee do not control activities ofothers
Voter conFus,_ City proposing clarifying or related
measure conveys City endorsement of initiative non-
discrimination language; even competing measure may
be confusinuz
Lac a guldance regarding interpretation or application
ofnew law (Le., nature and scope of protections based on
ownrriff rvr clasNflulhn
Drafting complexity and time constraints on thorough
analysis of alternative proposals yielding poor quality
work p -d -f
FOCUSED ALTERNATIVE MEASURE
— suggested language
A PROPOSITION OF THE CITY OF SAN LUIS OBISPO AFFIRMING THE REPEAL OF
CHAPTER 15.10, RENTAL HOUSING INSPECTION, OF THE SAN LUIS OBISPO MUNICIPAL
CODE AND REQUIRING VOTER APPROVAL OF THE ADOPTION OFANY SIMILAR
MANDATORY RENTAL HOUSING INSPECTION PROGRAM
BE IT ORDAINED BY THE PEOPLE OF THE CITY OF SAN LUIS OBISPO AS FOLLOWS:
SECT(ON I. The action ofthe City Council repealing Chapter 15.10"Rental Housing Inspection" of
the San Luis dhupo Municipal Code on March 21, 2017 by the adoption of Ordinance # 1633 (2017
Serkal U nffirrnm{
SECTION 2, The City of Sari LtiW Mh" shall notm-enact chapter 15.10 or enact any similar
unandatory, inleriut rental hvu3ing in fen programer ordinance without approval by majority vote
of the rn ters u r the City of San Luts Oh�(spo.
SEMON 3. Noffin in this ordinance shell be mnsinced to pmlhtbit any inspection required by state
or kdeml law, any tiu unt4ry in tion myuestcd utm
rcsrenied In by an owner or tenant of a dwelling
unit. arany inslxetimt perefdrrmd prrnnimut toa validly Ctisued Jrdpe'tion or other wan ant.
SECTION 4. Ifthi6 Proposition and the vtYWn initr4uee ealilkd"An Initiatirr To R*.tal Cltaptee
15.100f -the San Lpis Obispo Municipal Code Entitled Rrnlal liptksLng Insr�xiial Anti roAdopt New
C.bapier t5.10 Entilkd non-Discdri;ination In Housing:' ;Irc hotlrapo'ovod Ify.n ntijuHly rrkm Ihv
same election and this ordinance receives a urea ter number of-ft"Mutr voted. thIll* in: kv 111411
control and the citizen initiative measure shall be deemed null and void.
5/3/2017
0
...........
... ...
... ...
... ... ......
. ... ... . .
...
...
...
...
... ... ... ......
...
...... ...
......
... ... ......
.... .. ..... . . ......
............ ..
. ........... .
... ... .... ... .........
................... ........... ....
......
...... ... . ....... ..... ... ....
... .. ......
... ...........
...... .... ... .........
......... ...
0