Title
Recommendation to Accept the Certificate of Sufficiency for a Proposed City of Alameda Charter Amendment Making the “City of Alameda Rent Review, Rent Stabilization and Limitations on Evictions Ordinance” a Part of the Alameda City Charter; and
Select One of the Following: 1) Adoption of Resolution Calling an Election to be Consolidated with the Statewide Primary on June 5, 2018 and Submitting to the Voters at That Election a Measure that Proposes to Amend the City Charter by Incorporating into the Charter Ordinance 3148, with Certain Modifications, or 2) Adoption of Resolution Calling an Election to be Consolidated with the General Municipal Election and Statewide General Election on November 6, 2018 and Submitting to the Voters at That Election a Measure that Proposes to Amend the City Charter by Incorporating into the Charter Ordinance 3148, with Certain Modifications. (City Clerk 2220)
Body
To: Honorable Mayor and Members of the City Council
From: Lara Weisiger, City Clerk
Re: Recommendation to Accept the Certificate of Sufficiency for a Proposed City of Alameda Charter Amendment Making the “City of Alameda Rent Review, Rent Stabilization and Limitations on Evictions Ordinance” a Part of the Alameda City Charter; and Select One of the Following: 1) Adoption of Resolution Calling an Election to be Consolidated with the Statewide Primary on June 5, 2018 and Submitting to the Voters at That Election a Measure that Proposes to Amend the City Charter by Incorporating into the Charter Ordinance 3148, with Certain Modifications, or 2) Adoption of Resolution Calling an Election to be Consolidated with the General Municipal Election and Statewide General Election on November 6, 2018 and Submitting to the Voters at That Election a Measure that Proposes to Amend the City Charter by Incorporating into the Charter Ordinance 3148, with Certain Modifications
BACKGROUND
A Notice of Intent to Circulate Petition to amend the City Charter was filed in the Office of the City Clerk on June 29, 2017. The Notice of Intent and text of the measure are attached as Exhibit 1. The City Attorney’s Title and Summary (Exhibit 2) was transmitted to the proponents on July 13, 2017. On September 5, 2017, the petition was filed with the City Clerk and transmitted to the Registrar of Voters to examine the signatures. Based on a random sample examination pursuant to Elections Code Section 9266, the Registrar of Voters determined that the initiative petition contains sufficient signatures to qualify for placement on the ballot. The Certificate of Sufficiency is attached as Exhibit 3.
DISCUSSION
Pursuant to Elections Code Sections 1415 and 9255, the City Council is required to submit the initiative to the voters. The City Council must set the election date and approve the ballot question.
Election Date
The election may not take place sooner than 88 days from the date of the Council resolution calling the election. In addition, the Council has discretion to place the measure on an established statewide general, statewide primary, or regularly scheduled municipal election. Pursuant to Elections Code Section 1000, the next established election dates are in 2018. The City Council can choose to place the measure on the statewide primary election to be held on June 5, 2018, or the next municipal election to be held on November 6, 2018, which is also the date of the statewide general election.
Ballot Question
State election law requires that the ballot pamphlet include a ballot question of no more than 75 words. The City Council is to approve the wording of the ballot question. The proposed question is:
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Shall the Charter be amended by incorporating Ordinance 3148, which (a) limits residential rent increases to once annually, (b) requires a process for review of residential rent increases above 5%, (c) restricts reasons for evictions, and (d) requires landlords to pay relocation fees when terminating certain tenancies, and by amending Ordinance 3148 to eliminate the sunset date of December 31, 2019, and the City Council’s authority to amend Ordinance 3148 in response to changing conditions and concerns? |
Ballot Arguments
Elections Code Section 9286 requires that ballot arguments be submitted within 14 days of the date the City Council calls the election (October 31, 2017). This 14-day deadline does not apply, however, if per the Elections Code, the election is consolidated with a statewide election.
Staff has prepared alternate resolutions for each potential election date (June 5, 2018, and November 6, 2018). Each resolution authorizes the City Clerk to set the date for submission of ballot arguments in accordance with applicable law, publish those dates, and place the matter of arguments on an agenda to provide notice of the deadline and allow the City Council to determine its interest in authoring an argument regarding the measure for printing in the sample ballot.
Lastly, the resolution directs the City Attorney to prepare an impartial analysis not exceeding 500 words in length to be printed in the ballot.
FINANCIAL IMPACT
The costs associated with placing the measure on the ballot were not included in the General Fund Budget for Fiscal Years 2017-18 or 2018-19. Placing the measure on the ballot for the next general municipal election on November 6, 2018, would cost approximately $25,000 for translation, typesetting, and printing the measure. The costs for placing the measure on the June 5, 2018, election could range from $580,000 to $720,000 if there are no other matters on the ballot, but may fall below that range if the measure can be consolidated with another item on the ballot.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Alameda City Charter Article 19 governs Municipal Elections.
ENVIRONMENTAL REVIEW
This action is not a project and is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15378(b)(3) of the CEQA Guidelines, as it concerns submittal of a charter amendment measure to the voters of the City of Alameda.
RECOMMENDATION
Accept the Certificate of Sufficiency and adopt a resolution submitting the measure to the voters.
Respectfully submitted,
Lara Weisiger, City Clerk
Financial Impact Section Reviewed,
Elena Adair, Finance Director
Exhibit(s):
1. Notice of Intent and Full Text of Measure
2. Title and Summary
3. Certificate of Sufficiency