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Home My WebLink AboutR-10797 - Calling & Giving Notice of holding of a special all mail ballot municipal election to be held tuesday august 22, 2017 for submission of proposed ordinance & requesting the board of supervisors to render services relating to the electionR 10797 RESOLUTION NO. (10797 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. Resolution No. 10797 (2017 Series) Page 2 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: Shall an ordinance be adopted to replace former Chapter 15.10 of the San Luis Obispo Municipal Code, entitled YES "Rental Housing Inspection" (repealed by City Council Ordinance 1632, effective April 20, 2017), with new Chapter 15.10 to be entitled "Non -Discrimination in Housing"? 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. R 10797 Resolution No. 10797 (2017 Series) Page 3 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. 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. R 10797 Resolution No. 10797 (2017 Series) Page 4 Upon motion of Council Member Christianson, seconded by Council Member Pease, and on the following roll call vote: AYES: Council Members Christianson, Gomez, and Pease Vice Mayor Rivoire and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 16th day of May 2017. Ma?6r H 2i Harmon ATTEST: Carrie Gallagher City Clerk APPROVED AS TO J. gWristine Dietrick y Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this a day of , 2017. Carrie Gallagher City Clerk R 10797 Resolution No. 10797 (2017 Series) EXHIBIT A Page 5 TEXT OF MEASURE INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS ABOLISHING CHAPTER 15.10 OF THE SAN LUIS OBISPO MUNICIPAL CODE AND ADOPTING A NON-DISCRIMINATION IN HOUSING ORDINANCE. 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. R 10797 Resolution No. 10797 (2017 Series) EXHIBIT B 4�tiy c7i3l5prj r COUNTY SAN LUIS OBISPO May 3, 2017 Carrie Gallagher, City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Page 6 COUNTY OF SAN LUIS OBISPO OFFICE OF THE CLERK -RECORDER Tommy Gong - County Clerk Recorder Elaina Cano - Assistant County Clerk Recorder Melanie Foster - Administrative Services Officer RE: Services That Would Be Provided By The County Of San Luis Obispo Clerk -Recorder For A Special All -Mailed Ballot Election For The City Of San Luis Obispo. Should the City of San Luis Obispo request that the County of San Luis Obispo Clerk -Recorder conduct the all mail ballot election to be held on August 22, 2017, the following services would be provided: Supplies Identify and order all supplies necessary for the election, including vote -by -mail envelopes, supplies for the tabulation machines and any other supplies necessary for the conduct of the election. Vote -by -Mail Ballots and Voter Information Guides Preparation of the voter information guide including the measures and arguments for and against, instructions for voting and for returning ballots. Preparation and layout of the ballot. Completion of all pre-election testing for ballot, ballot counting and marking equipment and ballot counting software. Coordination with printing vendor for printing and initial mailing of ballot and voter information guide. Coordination of replacement ballots both in the mail and over the counter Processing of return vote by mail ballots including: * Verification of signature and application of voting history * Processing, counting and secure storage of voted ballots. County of San Luis Obispo Clerk -Recorder Pagel of 2 1055 Monterey Street, Suite D120 1 San Luis Obispo, CA 93408 (P) 805-781-5080 1 (F) 805-781-1111 1 www.slovote.com R 10797 Resolution No. 10797 (2017 Series) EXHIBIT B Page 7 Election Day/Night Provide voter assistance by phone or in person. Process Conditional Voter Registrations. Issue replacement ballots. Provide unofficial election results after 8:00 pm for those ballots which have already been counted. Canvass Process and count all vote -by -mail ballots returned on election day or that were not previously counted. Completion of all canvass activities required by the Elections Code. Certify election results to the City of San Luis Obispo. Secure storage of all election material for 6 months as required by the Elections Code. Public Outreach/Notices Prepare and send press releases pertaining to election activities including but not limited to mailing and processing of vote -by -mail ballots and deadline for returning ballots. Develop and manage updates for website including voter registration lookup and vote -by -mail status lookup. Prepare and publish all required legal notices regarding central counting location pursuant to EC 12109. City Clerk would be responsible for the following: Pre-election notices as required by the Elections Code. All activities required by EC 9280 et seq. County of San Luis Obispo Clerk -Recorder Page 2 of 2 1055 Monterey Street, Suite D120 I San Luis Obispo, CA 93408 (P) 805-781-5080 1 (F) 805-781-1111 1 www.slovote.com R 10797 Resolution No. 10797 (2017 Series) EXHIBIT B Office of the Coun Page 8 Clerk -.Recorder N COUNTY OF SAN LUIS OBISPO • 1055 MONTEREY ST. RM. D120 • SAN LUIS OBISPO, CA 93408 TOMMY GONG COUNTY CLERK RECORDER ELAINA CANO ASSISTANT COUNTY CLERK RECORDER October 21, 2016 Carrie Gallagher, City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 • (805) 781-5080/5088' MELANIE FOSTER Administrative Service Officer RE: Cost estimate for Stand Alone Mail Ballot Special Election — 1 Measure Below is a cost estimate for a Stand-alone All Mail Ballot Special Election. This is an ESTIMATE ONLY. Actual costs may vary from those stated in this estimate. Your jurisdiction will be billed actual costs upon completion of the election. Registered Voters in the City of San Luis Obispo: 29,000 Ballots and Voter Envelopes and Additional supplies Information Guides Postage and charges Labor $104,500 Total $15,500 $32,770 $6,000 $158,770.00 You may want to contact a company that helps smaller districts conduct elections for their pricing, such as Martin & Chapman. Depending on what is occurring in our office at the time, we may not be able to conduct your election. Please feel free to contact me with any questions. Thank you. Melanie Foster Administrative Services Officer (805) 781-5084 R 10797