HomeMy WebLinkAbout05-16-2017 Item 12, RiceCOUNCIL MEETING: f�f�i�EIU�D
[TEM NO.'. � �
MAY 16 2017
51_0 CITY CLERK
From: Kevin P. Rice < >
Sent: Tuesday, May 16, 2017 2:06:02 PM
To: Dietrick, Christine; Harmon, Heidi; Pease, Andy; Rivoire, Dan; Gomez, Aaron; C_chistianson@slocity.org
Cc: E-mail Council Website; Gallagher, Carrie
Subject: Item 12 - ballot title (5/16/2017)
Dear Ms. Dietrick and Council:
I join with Mr. Stewart Jenkins, Esq. in his Mgy 15 2017 correspondence calling out the City's impending
violations of multiple Election Code sections: §§ 301, 9203, 9210, 9214(b).
In endeavoring to understand the Elections Code, I have sent a number of correspondences to the City
Attorney's office, pointing out how the proposed ballot title is false, misleading and in violation of the Elections
Code.
In the spirit of compromise and collaboration, I suggested a number of "alternate" possibilities which respect the
city's desire to alter and insert additional language into the one -and -only LEGAL ballot title. The city attorney,
so far, has not indicated any intent to compromise or collaborate -- OR, to eliminate the falsehoods and
misleading text in the proposed ballot title.
Subsequently, and upon further study, I now believe the ONLY LEGAL BALLOT TITLE is the one drafted
by the City Attorney, herself, last September, and which appeared on 11,000 petition sections and was
published in a local newspaper of record, to wit:
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"
The City Attorney, herself, drafted this language which is unchallenged by any party.
Therefore, the ONLY LEGAL ballot question must be:
Shall an ordinance, 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", be adopted?
+YES +NO
The City Council has NO OTHER AVENUE than to place this question on the ballot. See Howard Jarvis
Taxpars Assn. v. Bowen, 192 Cal. _App. 4th 110, 116 [The Legislature acted unlawfully when it specified the
ballot label, title and summary...], "[T]he Legislature cannot dictate the ballot label, title and official summary
for a statewide measure unless the Legislature obtains approval of the electorate to do so prior to placement of
the measure on the ballot."
Sincerely,
Kevin P. Rice
Principal/Treasurer
SLOVoice for Measure to Repeal Rental Housing Inspection Ordinance (ID # 1373557)
(