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Recommendation to Determine Council’s Interest in Authoring a Ballot Argument Against the Initiative Measure that Proposes to Amend the City Charter by Incorporating into the Charter, Ordinance 3148 Rent Stabilization and Limitations on Evictions, with Certain Modifications on the November 6, 2018 Ballot. (City Clerk 2220)
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To: Honorable Mayor and Members of the City Council
From: Lara Weisiger, City Clerk
Re: Recommendation to Determine Council’s Interest in Authoring a Ballot Argument Against the Initiative Measure that Proposes to Amend the City Charter by Incorporating into the Charter, Ordinance 3148 Rent Stabilization and Limitations on Evictions, with Certain Modifications on the November 6, 2018 Ballot
BACKGROUND
On October 17, 2017, the City Council accepted the Certificate of Sufficiency for an initiative petition and adopted Resolution No. 15319, “Calling an Election to be Consolidated with the General Municipal 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.” The resolution, which contains the full text of the measure, is attached as Exhibit 1.
On March 20, 2018, the City Council subsequently adopted Resolution No. 15363 amending the ballot question to read:
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City of Alameda Initiative Measure: Shall the Charter be amended by incorporating the City’s Rent Review, Rent Stabilization and Limitations on Evictions law, with the following modifications: (a) preclude City Council from amending the law in response to changing conditions and concerns, and require voter approval instead, and (b) eliminate the December 31, 2019 sunset clause? |
When the Council first placed the measure on the ballot on October 17, 2017, the Council did not determine its interest in authoring a ballot argument. The matter of ballot arguments was to be placed on a future agenda to provide notice of the deadlines. Accordingly, staff is giving notice of the dates for ballot arguments and rebuttals, as set forth below, and asking the City Council to determine its interest in authoring an argument regarding the measure for printing in the sample ballot.
DISCUSSION
Article XXI of Alameda’s Charter provides that the general law of the State of California shall apply to Initiatives and Referenda. State elections law allows the City Council to determine its interest in authoring an argument regarding the measure. However, pursuant to subdivision (a) of Elections Code Section 9282, because the proposed measure was placed on the ballot by petition, if the Council determines it has an interest in authoring a ballot argument, it would be an argument against.
It also requires the City Clerk to establish the filing deadlines, which per Resolution No. 15319 also serves as the deadline for preparation of the impartial analysis by the City Attorney’s Office.
Council’s Interest in Authoring a Ballot Argument/Rebuttal
If the City Council elects to prepare a ballot argument and potential rebuttal, it has options: 1) draft an argument as a whole body in open session; 2) authorize no more than two Councilmembers to meet as a subcommittee of the City Council to draft an argument and have the entire Council sign; 3) authorize no more than two Councilmembers to draft an argument and have a combination of Councilmembers and other eligible voters sign; or 4) authorize no more than two Councilmembers to draft an argument and sign and have up to three/four other eligible voters sign. The City Council could also elect to do nothing and others could draft an argument.
Deadlines for Ballot Arguments
Direct arguments for or against the measure are to be submitted to the City Clerk’s office by 6:00 p.m. on Wednesday, July 11, 2018, are limited to 300 words and can have no more than five signers. Arguments must be accompanied by the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. A Declaration of Author(s) form is available from the City Clerk’s office.
Resolution No. 15319 provides that rebuttal arguments against the measure can be filed. Rebuttals are to be submitted by 6:00 p.m. on Thursday, July 19, 2018, are limited to 250 words and can have no more than five signers.
Impartial Analysis
Resolution No. 15319 also directs the City Attorney to prepare an impartial analysis not exceeding 500 words in length to be printed in the ballot by no later than the deadlines for the submission of the arguments for and against the measure to the City Clerk’s Office.
FINANCIAL IMPACT
Placing the measure on November 6, 2018 ballot will cost approximately $25,000 for translation, typesetting, and printing the measure. There are sufficient appropriations allocated in the City Clerk’s Office Fiscal Year 2018-19 budget to cover the costs.
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
Determine Council’s interest in authoring a ballot argument against the initiative measure that proposes to amend the City Charter by incorporating into the Charter, Ordinance 3148 Rent Stabilization and Limitations on Evictions, with certain modifications on the November 6, 2018 Ballot.
Respectfully submitted,
Lara Weisiger, City Clerk
Financial Impact Section Reviewed,
Elena Adair, Finance Director
Exhibit:
1. Resolution 15319