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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 12/13/2016 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Nelson City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Adjourned Meeting December 13, 2016 6:00 p.m. (Amended 12/12/16)  CALL MEETING TO ORDER  ROLL CALL 1. Council will consider a motion to adjourn into Executive Session to consider: a. Specific legal questions related to litigation or potential litigation involving the city regarding federal and state review and permitting of water storage projects; and b. The manner in which particular policies, practices or regulations of the city related to water supply, treatment and storage may be affected by existing or proposed provision of federal, state or local law.  OTHER BUSINESS City of Fort Collins Page 2 2. Council will consider a motion to adjourn the meeting until after the Work Session scheduled for this evening. [COUNCIL WORK SESSION; Council Information Center] .  CALL MEETING TO ORDER  ROLL CALL 3. Council will consider a motion to adjourn into Executive Session to consider legal advice regarding pending litigation.  ADJOURNMENT City of Fort Collins Page 1 Wade Troxell, Mayor Council Information Center (CIC) Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. City Council Work Session December 13, 2016 After the Adjourned Meeting, which begins at 6:00 p.m.  CALL TO ORDER. 1. Occupancy Study-10 Year Review. (staff: Ginny Sawyer; 10 minute staff presentation; 30 minute discussion) The purpose of this item is to review and confirm the scope of study to be included in a 10-year review of the occupancy ordinance. 2. Possible Charter and Election Code Amendments. (staff: Wanda Winklemann, Rita Knoll, Carrie Daggett; 10 minute staff presentation; 30 minute discussion) The purpose of this item is to discuss the recommendations of the ad hoc Council Committee assigned to review proposed amendments to the Charter and Election Code. 3. Council Appeal Process Amendments. (staff: Wanda Winkelmann, Carrie Daggett, Tom Leeson; 10 minute staff presentation; 30 minute discussion) The purpose of this item is to review the options for improving the Council appeal process.  OTHER BUSINESS.  ADJOURNMENT. DATE: STAFF: December 13, 2016 Ginny Sawyer, Policy and Project Manager WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Occupancy Study-10 Year Review. EXECUTIVE SUMMARY The purpose of this item is to review and confirm the scope of study to be included in a 10-year review of the occupancy ordinance. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council support the proposed scope of study? 2. Does Council have any additions or subtractions form the scope of study? BACKGROUND / DISCUSSION The City of Fort Collins has a long history with the occupancy ordinance. The original ordinance was adopted in 1964 and limited occupancy to no more than three unrelated people. In 2005, after much public input and an economic study, City Council amended the ordinance to add clarity and to make violations a civil infraction thus making the ordinance more enforceable. Key findings from this study are included in Attachment 1. Enforcement of the revised ordinance began in 2007. In 2009, a policy discussion and review of the ordinance included an additional economic and impact study. The study provided a mix of quantitative and qualitative information with a goal of determining the impact of enforcement. Key findings included on Attachment 1. The ordinance has always been somewhat controversial among stakeholders with request requests from students to allow more tenants in a property and questions among the real estate community as to the efficacy and the potential impact of the ordinance on housing affordability. Staff has made numerous tweaks over the last 10 years, including changes to notification requirements, to the disclosure statement process, and to allowances for host families and extra-occupancy rental units. At year 10 of enforcement, the City is being asked to again consider soliciting a study to determine both the effectiveness of the ordinance as well as potential unintended consequences. In partnership with Colorado State University (CSU), the Associated Students at Colorado State University (ASCSU), the Board of Realtors (BOR), and neighbors, staff has created the proposed scope of study. The following is intended to help address the questions of: 1. Has the ordinance been effective (i.e., has neighborhood quality improved?) 2. Has the ordinance had unintended consequences? (i.e., housing availability, affordability, limitations on alternative living arrangements) Collect comparison data from 2005, 2009, 2016 showing:  Average rental rates (by unit and by bedroom)  Average home sales and price 1 Packet Pg. 2 December 13, 2016 Page 2  Number of available beds  PSD enrollment numbers by neighborhood or census tract  Owner-occupied to rental ratio by neighborhood or census tract  Nuisance violations by neighborhood/census tract  Population and student enrollment change  Neighborhood parking availability Qualitative /perception data on:  Occupancy ordinance  Rental registration/certificate/accountability-compliance mechanism  Unintended consequences Data for:  Ordinance compliance/non-compliance  Nuisance violations by extra-occupancy dwellings (including fraternities/sororities), owner-occupied, and rentals  Growth potential for extra-occupancy dwellings and any hurdles to apply/achieve  Enforcement efficacy/process. Who are the violators? (Property managers, “mom & pop,” etc.?)  Renter demographics Best practices in peer cities:  Occupancy  Rental registration  Nuisance codes  General neighborhood livability/affordability practices Predictive modeling:  Housing availability/affordability into the future In preparing this proposed scope of work, staff met with neighbors, the Board of Realtors (BOR), and representatives from Colorado State University (CSU) and the Associated Students of Colorado State University (ASCSU). Sharing the cost of a study was discussed with the BOR, CSU, and ASCSU. The BOR and ASCSU are willing to consider but do not have monies immediately available and would need to work through their individual processes (Senate vote, grants) to determine ability to contribute. ATTACHMENTS 1. 2005 and 2009 Corona Economic and Market Impact Study Key Findings (PDF) 2. Powerpoint presentation (PDF) 1 Packet Pg. 3 Corona Economic and Market Impact Study 2005 Key Findings There are an estimated 1,070 violator households in the community.  Residents who lived near violator households were significantly more likely to have neighborhood problems.  Stronger enforcement of the ordinance was supported by 58% of single-family home or duplex residents.  If all violator households were broken up, then there would be:  Demand for 1190 new rental units.  Zero vacancy for units under $440, with price increases.  Zero vacancy for units from $440 to $830 with no price increases, but lower quality  nicer housing will likely move into the next price category (e.g., a $350 apartment in a healthy market will be of higher quality than a $350 apartment in a zero-vacancy market).  A decrease in vacancy rates for units from $830 to $1, 100, though vacancy rates would remain high.  An increase of vacancy rates for units above $1,100, to over 20%.  No appreciable effect on home sale prices.  Probable decrease in neighborhood problems.  Minor increase in property values in neighborhoods that lose violator households.  Minor sales increases for local businesses that sell to households (e.g., cable television).  Demand for up to 970 new housing units would be created. Corona Economic and Market Impact Study 2009 Key Findings  Violator households have decreased by approximately 46% (from 1,070 to 579).  Vacancy rates have dropped but are still in the "healthy" range.  Most of the vacancy rate decrease is due to forces other than the occupancy ordinance.  Rental prices are not rising disproportionately but warrant continued monitoring.  Neighborhood problems have decreased, but it cannot be substantiated whether this is or is not a direct impact (result) of the occupancy ordinance.  There is a strong correlation between the presence of violator households and neighborhood problems; however, this could be neighborhood-specific not property- specific.  Of those who reported that a violator neighbor had to move because of the ordinance, 67% reported this had a positive impact on the neighborhood, 1 1% negative, and 22% no change. This was a small sampling - 9 respondents.  Of those who reported owning rental property, 7% reported that the ordinance has had a positive impact, 12% negative impact, and 81% reported no change. ATTACHMENT 1 1.1 Packet Pg. 4 Attachment: 2005 and 2009 Corona Economic and Market Impact Study Key Findings (5059 : Occupancy Study-10 Year Review) Level of enforcement perceived by single family/duplex residents is as follows: 41% - at the right level 27% - would like stronger enforcement 67% if live near two or more violator households 49% if live near one violator household 22% if live near zero violator households *These numbers add to I 00% across categories; not within categories. 14% - would like less enforcement 0% if live near two or more violator households 7% if live near one violator household 16% if live near zero violator households *These numbers add to 100% across categories; not within categories. 18% - had no opinion about the level of enforcement  All recognize the intent of the ordinance to improve neighborhood quality; other intents are also inferred by some (anti-student, anti-rental, neighborhood planning).  Landlords recognize that non-student renters are also significantly impacted, particularly two couples living together.  Tenants think it is primarily a "party issue," and long-term residents state that it is more than just parties (numerous cars, coming and going late at night creating noise).  Landlords and tenants question why enforcement of other code provisions (noise, parking, property maintenance) is not sufficient.  With regard to compliance, tenants take their cues from their landlords. The landlords are generally the people with greater societal seniority and the power to evict, so the renters will likely be influenced by them.  All groups expressed concerns with the complaint-based nature of the ordinance, but each group had different perspectives:  Landlords believe the ordinance should be strictly enforced or not at all.  Tenants believe enforcement process is too fast and encourages spying.  Neighbors believe enforcement process is too slow and are worried about retaliation and conflict.  All groups question why the limit is three unrelated people.  All say that the ordinance has encouraged them to try to forge good relationships with their neighbors. 1.1 Packet Pg. 5 Attachment: 2005 and 2009 Corona Economic and Market Impact Study Key Findings (5059 : Occupancy Study-10 Year Review) 1 Ginny Sawyer City Council Work Session December 13, 2016 Occupancy Study Scope of Work ATTACHMENT 2 1.2 Packet Pg. 6 Attachment: Powerpoint presentation (5059 : Occupancy Study-10 Year Review) Questions/Direction Sought 1. Does Council support the proposed scope of study? 2. Does Council have any additions or subtractions form the scope of study? 2 1.2 Packet Pg. 7 Attachment: Powerpoint presentation (5059 : Occupancy Study-10 Year Review) Background • City Occupancy Ordinance since 1964 • Changed to a civil infraction in 2005 to increase enforceability • Two previous studies: • 2005, prior to code amendments and again in 2009 the City sponsored economic and market impact studies focused on the occupancy ordinance 3 1.2 Packet Pg. 8 Attachment: Powerpoint presentation (5059 : Occupancy Study-10 Year Review) Background • 10-year mark of active implementation and enforcement • Dedicated staff and systems (disclosure statements, notices, citation process, etc) • Request to again look at economic and market impacts • Board of Realtors • Associated Students of Colorado State University 4 1.2 Packet Pg. 9 Attachment: Powerpoint presentation (5059 : Occupancy Study-10 Year Review) Proposed Scope Questions to address: 1. Has the ordinance been effective (i.e., has neighborhood quality improved?) 2. Has the ordinance had unintended consequences? (i.e., housing availability, affordability, limitations on alternative living arrangements) 5 1.2 Packet Pg. 10 Attachment: Powerpoint presentation (5059 : Occupancy Study-10 Year Review) Proposed Scope Comparison data from 2005, 2009, 2016 showing: • Average rental rates (by unit and by bedroom) • Average home sales and price • Number of available beds • PSD enrollment numbers by neighborhood or census tract • Owner-occupied to rental ratio by neighborhood or census tract • Nuisance violations by neighborhood/census tract • Population and student enrollment change • Neighborhood parking availability 6 1.2 Packet Pg. 11 Attachment: Powerpoint presentation (5059 : Occupancy Study-10 Year Review) Proposed Scope Qualitative /perception data on: • Occupancy ordinance • Rental registration/certificate/accountability-compliance mechanism • Unintended consequences 7 1.2 Packet Pg. 12 Attachment: Powerpoint presentation (5059 : Occupancy Study-10 Year Review) Proposed Scope Data for: • Ordinance compliance/non-compliance • Nuisance violations by extra-occupancy dwellings (including fraternities/sororities), owner-occupied, and rentals • Growth potential for extra-occupancy dwellings and any hurdles to apply/achieve • Enforcement efficacy/process. Who are the violators? (Property managers, “mom & pop,” etc.?) • Renter demographics 8 1.2 Packet Pg. 13 Attachment: Powerpoint presentation (5059 : Occupancy Study-10 Year Review) Proposed Scope 9 Best practices in peer cities: • Occupancy • Rental registration • Nuisance codes • General neighborhood livability/affordability practices Predictive modeling: • Housing availability/affordability into the future 1.2 Packet Pg. 14 Attachment: Powerpoint presentation (5059 : Occupancy Study-10 Year Review) Questions/Direction Sought 1. Does Council support the proposed scope of study? 2. Does Council have any additions or subtractions form the scope of study? 10 1.2 Packet Pg. 15 Attachment: Powerpoint presentation (5059 : Occupancy Study-10 Year Review) DATE: STAFF: December 13, 2016 Wanda Winkelmann, City Clerk Rita Knoll, Chief Deputy City Clerk Carrie Daggett, City Attorney WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Possible Charter and Election Code Amendments. EXECUTIVE SUMMARY The purpose of this item is to discuss the recommendations of the ad hoc Council Committee assigned to review proposed amendments to the Charter and Election Code. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What amendments, if any, would Council like staff to bring forward for formal consideration? 2. What additional considerations (listed below) would Council like to pursue? BACKGROUND / DISCUSSION Through Resolution 2015-092, City Council appointed three Councilmembers (Ross Cunniff, Bob Overbeck, and Kristin Stephens) to an ad hoc committee to review, discuss, and recommend the most beneficial changes to Chapter 7 of the City Code and Article VIII of the Charter regarding elections. As a result of the committee’s work, Ordinance No. 021, 2016 was adopted by Council in February 2016 that amended Chapter 7 related to election workers, recount, protests, filing of reports, campaign contributions, notice of election, order of items on the ballot, qualification of ballots, rejected ballots, and election results. Most recently, the committee met three additional times (July 18, September 14, and November 10) to review certain amendments, and makes the following recommendations (additional detail can be found in Attachment 1). Charter Amendments 1. Amend the Canvass Date to ten days after Election Day to allow enough time for letters to be sent to voters whose ballot was rejected due to problems with the signature (a process followed by Larimer County). This would also require a change to the date of the Organizational Meeting. 2. Permit the cancellation of a Council meeting in the event of an emergency, natural disaster, etc. Election Code A. If the Canvass Date Charter Amendment passes (#1 above), amend Chapter 7 of City Code to require signature verification beginning with the April 2019 election. B. Add expenditure recordkeeping requirements for campaign committees and independent expenditures. C. Amend Sections 7-71 and 7-87 of City Code to clarify when the City Clerk recommends amending the District- Precinct map. D. Clarify the process for addressing election complaints. Create a form for filing complaints. E. Amend City Code to address small-scale issue committees. 2 Packet Pg. 16 December 13, 2016 Page 2 Additional Considerations 1. The Election Code Committee discussed the possibility of becoming a standing committee that would meet as election issues arise (similar to the practice followed by the Ethics Review Board). 2. The Committee discussed citizen Mike Sportiello’s request for a change to the City’s redistricting process. Mr. Sportiello expressed concern about being moved to a different District and not being able to elect his District representative for six years. Staff provided information to the Committee about municipalities who have at-large Councilmembers as one option to address this concern. Ultimately, if Council elects to consider a review of the redistricting methods, the Committee recommends a robust public engagement process. ATTACHMENTS 1. Matrix for December 13 Work Session (PDF) 2. Election Complaint Form (PDF) 3. Summary of Colorado Municipalities (PDF) 4. PowerPoint Presentation (PDF) 2 Packet Pg. 17 1 Charter Amendments December 13, 2016 PROPOSED CHANGE 1: Consider a Charter Amendment to Amend the Canvass Date. The Canvass Date impacts the Organizational Meeting. EXPLANATION: Per state statute, Larimer County sends a letter to voters whose ballot was rejected due to problems with the signature. If signature verification is implemented in the April 2019 election, staff recommends a Charter Amendment be placed on the April 2017 ballot that moves the canvass date to 10 days after the election to permit time for letters to be sent. CURRENT CHARTER PROVISIONS: Article VIII. Elections. Section 7. Certification of election results. On the third day after every city election and, after verifying the total number of legal votes cast for each candidate and measure voted upon, the Board of Elections shall complete a certificate declaring the results of the election. The candidate receiving the highest number of votes… Article II. City Council. Section 1. Membership; terms. (a) Composition of Council. The Council shall consist of seven (7) members, including a Mayor and Mayor Pro Tem, elected as provided in this Article. (b) Method of election. The Mayor shall be nominated and elected from the city at large. The remaining six (6) members shall be nominated and elected by Districts. The election of District Councilmembers shall alternate between the election of representatives for Council Districts 1, 3 and 5 and the election of representatives for Council Districts 2, 4 and 6. (c) Council district boundaries. The city shall be divided into six (6) contiguous, reasonably compact districts, each of which shall consist of contiguous, undivided general election precincts and, to the extent reasonably possible, an equal number of inhabitants. The districts shall be numbered consecutively in a clockwise fashion beginning with the northeast district, which shall be District 1. The Council shall establish by ordinance the process for adjusting district boundaries and giving notice of any proposed boundary changes, and the manner of protesting such proposed changes. (d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of office of the Mayor shall be two (2) years, and the term of office of all other members of the Council shall be four (4) years each; provided, however, that all such officers shall serve until their successors have been elected and have taken office. The terms of the Mayor and other members of the Council shall begin when they take the oath of office, which shall occur as the first order of business at the first regular or special Council meeting following their election or appointment. Section 4. Organization. The Mayor shall preside at meetings of the Council and shall be recognized as head of the city government for all ceremonial purposes and by the Governor of the state for purposes of military law. The Mayor shall execute and authenticate legal instruments requiring the signature of the Mayor. The Mayor shall also perform such other duties as may be provided by ordinance which are not inconsistent with the provisions of this Charter. ATTACHMENT 1 2.1 Packet Pg. 18 Attachment: Matrix for December 13 Work Session (5045 : Possible Charter and Election Code Amendments) 2 At the first regular or special meeting after every biennial election, the Council shall elect a Mayor Pro Tem for a two (2) year term from among the members of the Council to act as Mayor during the absence or disability of the Mayor. If a vacancy occurs in the position of Mayor, the Mayor Pro Tem shall become Mayor as provided in Section 18(b) below. SUGGESTED AMENDMENT: Article VIII. Elections Section 7. Certification of election results. No later than the tenth On the third day after every city election and, after verifying the total number of legal votes cast for each candidate and measure voted upon, the Board of Elections shall complete a certificate declaring the results of the election. The candidate receiving the highest number of votes… In the event of a mandatory recount or recount by request, the Board of Elections shall complete an amended certificate declaring the results of the election no later than the fifth day after the completion of the recount. Article II. City Council Section 1. Membership; terms. . . . (d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of office of the Mayor shall be two (2) years, and the term of office of all other members of the Council shall be four (4) years each; provided, however, that all such officers shall serve until their successors have been elected and have taken office. The terms of the Mayor and other members of the Council shall begin when they take the oath of office, which shall occur as the first order of business at the first regular or special Council meeting following their election or appointment. the final certification of election results and after expiration of the recount period, or their appointment. Section 4. Organization. . . . At the first regular or special meeting after every biennial final certification of a City election, the Council shall elect a Mayor Pro Tem for a two (2) year term from among the members of the Council to act as Mayor during the absence or disability of the Mayor. If a vacancy occurs in the position of Mayor, the Mayor Pro Tem shall become Mayor as provided in Section 18(b) below. 2.1 Packet Pg. 19 Attachment: Matrix for December 13 Work Session (5045 : Possible Charter and Election Code Amendments) 3 PROPOSED CHANGE 2: Consider a Charter Amendment that would permit the cancellation of a Council meeting in the event of an emergency, natural disaster, etc. EXPLANATION: The February 2 City Council meeting was cancelled due to inclement weather. In accordance with Charter Article II Section 11, the City Clerk is authorized to adjourn a meeting. On February 2, this meant travel to City Hall to announce that the meeting was cancelled. CURRENT CHARTER LANGUAGE: Article II. City Council Section 11. Meetings, quorum, executive session. The Council shall hold regular meetings at such time and place as it may prescribe by ordinance and shall prescribe the manner in which special meetings may be called. Notice of any special meeting shall be given to all Councilmembers no less than one (1) day prior to such meeting. All meetings shall be open to the public. A majority of the members of Council shall constitute a quorum sufficient to transact business. A smaller number can adjourn a meeting to a later date and time, and in the absence of all members, the City Clerk may adjourn any meeting for not longer than one (1) week. SUGGESTED AMENDMENT: Section 11. Meetings, quorum, executive session. The Council shall hold regular meetings at such time and place as it may prescribe by ordinance and shall prescribe the manner in which special meetings may be called. Notice of any special meeting shall be given to all Councilmembers no less than one (1) day prior to such meeting. All meetings shall be open to the public. A majority of the members of Council shall constitute a quorum sufficient to transact business. A smaller number can adjourn a meeting to a later date and time, and in the absence of all members, the City Clerk may adjourn any meeting for not longer than one (1) week. In the event of an emergency, natural disaster, or unforeseen circumstances that render the holding of a meeting undesirable or impracticable, the City Manager may, with agreement of the Mayor, cancel a City Council meeting and shall make a reasonable attempt to notify the public of such cancellation before the scheduled time of the meeting. 2.1 Packet Pg. 20 Attachment: Matrix for December 13 Work Session (5045 : Possible Charter and Election Code Amendments) 4 Election Code Amendments December 13, 2016 PROPOSED CHANGE A: Conduct signature verification beginning with the 2019 municipal election. (Note: this change is dependent upon the Charter Amendment in Proposed Change 1) EXPLANATION: House Bill 16-1070 requires that after March 30, 2018, access to the digitized signatures contained in the statewide voter registration system must be made available to municipal clerks. CURRENT CODE PROVISION: Sec. 7-190. Voting and return of ballots. (a) Upon receipt of a ballot, the eligible elector shall mark the ballot, sign and complete the return envelope and comply with the instructions provided with the ballot. (b) The eligible elector may return the marked ballot to the City Clerk by United States mail or by depositing the ballot at the office of the City Clerk or any place designated by the City Clerk. The ballot must be returned in the return envelope. If an eligible elector returns the ballot by mail, the elector may provide the necessary postage or, if not so paid by the elector, the cost of return postage shall be paid by the City. In order to be counted, the ballot must be received at the office of the City Clerk or a designated depository prior to 7:00 p.m. on election day. (c) Ballots received by the City Clerk after 7:00 p.m. on election day shall not be counted, but shall be preserved in accordance with § 7-195 below. Sec. 7-191. Receipt and qualification of ballots; signature verification not required. (a) All ballots, including undeliverable ballots, shall be marked to indicate the date the ballot was received by the City Clerk. (b) Upon receipt of a voted ballot, an election worker shall first qualify the submitted ballot based on a visual inspection of the self-affirmation signature on the return envelope compared to the name of the elector printed on the envelope to determine whether the ballot was submitted by said elector. Comparison of the signature on the return envelope to any signature image, including those signature images in the statewide voter registration system, is not required. If the ballot so qualifies and is otherwise valid, the election judge shall indicate in the poll book that the eligible elector cast a ballot, and shall prepare the ballot for counting in accordance with § 7-193 below. (c) If an election worker is unable to qualify the ballot as set forth in Subsection (b) above, the ballot shall be rejected and the reason for rejection shall be indicated in the poll book. Rejected ballots shall remain unopened and shall be securely stored separate from qualified ballots unless such ballots are corrected as provided in § 7-192 below. (d) If an election worker determines that an eligible elector to whom a replacement ballot has been issued has voted more than once, the City Clerk shall not count any ballot cast by the elector. SUGGESTED AMENDMENT: Sec. 7-190. Voting and return of ballots. . . . 2.1 Packet Pg. 21 Attachment: Matrix for December 13 Work Session (5045 : Possible Charter and Election Code Amendments) 5 (c) Ballots received by the City Clerk after 7:00 p.m. on election day shall not be counted, except as provided in § 7-191 below, but shall be preserved in accordance with § 7-195 below. Sec. 7-191. Receipt and qualification of ballots; signature verification not required. (a) All ballots, including undeliverable ballots, shall be marked to indicate the date the ballot was received by the City Clerk. (b) Upon receipt of a voted ballot in an election conducted prior to April 2019, an election worker shall first qualify the submitted ballot based on a visual inspection of the self-affirmation signature on the return envelope compared to the name of the elector printed on the envelope to determine whether the ballot was submitted by said elector. Comparison of the signature on the return envelope to any signature image, including those signature images in the statewide voter registration system, is not required. If the ballot so qualifies and is otherwise valid, the election judge shall indicate in the poll book that the eligible elector cast a ballot, and shall prepare the ballot for counting in accordance with § 7-193 below. (c) Beginning with the April 2019 municipal election, provided that the City Clerk has been given access to digitized signatures in the statewide voter registration system for each elector, election workers shall compare the elector’s self- affirmation signature on the return envelope with the elector’s digitized signature(s) in the statewide voter registration system in accordance with the provisions of Section 31-10-910.3, C.R.S. (cd) If an election worker is unable to qualify the ballot as set forth in Subsection (b) or (c) above, the ballot shall be rejected and the reason for rejection shall be indicated in the poll book. Rejected ballots shall remain unopened and shall be securely stored separate from qualified ballots unless such ballots are corrected as provided in § 7-192 below. (de) If an election worker determines that an eligible elector to whom a replacement ballot has been issued has voted more than once, the City Clerk shall not count any the first ballot cast received by the elector and shall reject all subsequent ballots received from that elector. Sec. 7-192. Rejected ballots. (a) The City Clerk is authorized, but not required, to make a reasonable effort to allow an eligible elector whose ballot has been rejected to correct the deficiency causing rejection. (b) Unsigned return envelopes. Beginning with the April 2019 municipal election, the City Clerk shall, within three (3) days after receipt of a ballot returned in an unsigned return envelope, but in no event later than two (2) days after election day, send to the eligible elector at the mailing address indicated in the registration records a letter explaining the deficiency and instructing the eligible elector how to correct the deficiency. If the elector appears in the office of the City Clerk no later than the close of business on the eighth day after the date of the election to sign the return envelope, and if the ballot is otherwise valid, the ballot shall be counted. (bc) No elector shall be allowed to correct a deficiency without first producing valid proof of identification. No elector shall be allowed to open, change, or alter his or her ballot while in the process of correcting the deficiency. 2.1 Packet Pg. 22 Attachment: Matrix for December 13 Work Session (5045 : Possible Charter and Election Code Amendments) 6 PROPOSED CHANGE B: Add expenditure recordkeeping requirements for campaign committees and independent expenditures EXPLANATION: Presently there is not a requirement in the Code for the recordkeeping of receipts for expenditures by committees or independent expenditures. This is a suggested improvement as a result of an election complaint. CURRENT CODE PROVISION: Sec, 7-135. Campaign contributions. (f) Recordkeeping. All contributions received by a candidate committee, issue committee or political committee shall be deposited and maintained in a financial institution in a separate account whose title shall include the name of the committee. All records pertaining to such accounts shall be maintained by the committee for ninety (90) days following any election in which the committee received contributions unless a complaint has been filed under Subsection 7-143(a) alleging a violation of the provisions of this Article, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Such records shall be subject to inspection at any hearing held pursuant to this Article. SUGGESTED AMENDMENT: Sec. 7-135. Campaign contributions/expenditures. (f) Recordkeeping. (1) All contributions received by a candidate committee, small-scale issue committee, issue committee or political committee shall be documented and deposited and maintained in a financial institution in a separate account whose title shall include the name of the committee. All records pertaining to contributions and related such accounts shall be maintained by the committee for ninety (90) days one (1) year following any election in which the committee received contributions unless a complaint has been filed under Subsection 7-143(a) alleging a violation of the provisions of this Article, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Such records shall be subject to inspection at any hearing held pursuant to in connection with any investigation or other action to enforce the terms of this Article. (2) All expenditures shall be documented and all records pertaining to said expenditures, including but not limited to invoices, receipts, and instruments of payment, shall be maintained by the committee for one year following any election in which the committee expended the funds unless a complaint has been filed under Subsection 7-143(a) alleging a violation of the provisions of this Article, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Documentation shall include the name and address of the vendor(s) or payee(s) providing the property, materials, or services and the amount of the expenditure. Such records shall be made available within three (3) business days upon request of the City and subject to inspection in connection with any investigation or other action to enforce the terms of this Article. Sec. 7-139. Independent expenditures. Any person or political committee making independent expenditures totaling more than one hundred dollars ($100.) shall deliver notice in writing of such independent expenditures to the City Clerk no later than three (3) business days after the day that such funds are obligated. Said notice shall include the following information: 2.1 Packet Pg. 23 Attachment: Matrix for December 13 Work Session (5045 : Possible Charter and Election Code Amendments) 7 (1) The name, address and telephone number of the person making the independent expenditures; (2) The name of the candidate whom the independent expenditures are intended to support or oppose; (3) The name and address of the vendor(s) providing the property, materials or services; (4) A detailed description of the independent expenditures sufficient to allow for determination of compliance with this section; (5) The amount of the independent expenditures; and (6) The date the funds were obligated. and (7) Copies of receipts, invoices, or other documentation related to the independent expenditure. For the purposes of this provision, funds shall be considered to have been obligated as soon as an agreement is reached for the provision of the property, materials or services in question, regardless of when payment is to be made for such property or services. All independent expenditures shall be documented and all records pertaining to independent expenditures including but not limited to invoices, receipts, and instruments of payment shall be maintained for one (1) year following any election in which the funds were expended unless a complaint has been filed under Subsection 7- 143(a) alleging a violation of the provisions of this Article, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Such records shall be made available within three (3) business days upon request of the City and subject to inspection in connection with any hearing held pursuant to this Article. 2.1 Packet Pg. 24 Attachment: Matrix for December 13 Work Session (5045 : Possible Charter and Election Code Amendments) 8 PROPOSED CHANGE C: Amend Sections 7-71 and 7-87 to clarify when the City Clerk recommends amending the District-Precinct map. EXPLANATION: The recent redistricting effort prompted staff to review the process for recommending amendments. CURRENT CODE PROVISION: Sec. 7-71. Precinct map. The boundaries of the election precincts as herein created in the City are hereby fixed and established as shown on the map entitled "District-Precinct Map," which map is on file in the office of the City Clerk. Sec. 7-87. Redistricting; notice. (a) The City Council shall, by ordinance, amend the boundaries of the foregoing districts as necessary to comply with the provisions of Article II, Section 1(c) of the Charter. The City Clerk shall cause to be published twice, in a local newspaper of general circulation in the City, notice of the date, time and place of the City Council's consideration of any such redistricting ordinance. The first such notice shall be published no less than fourteen (14) days prior to the date of first hearing of the redistricting ordinance, and the second notice shall be published no less than ten (10) days prior to the date of the first reading of the same. (b) Not more than eighteen (18) months after the official decennial publication of the United States Census concerning the population of the City of Fort Collins, the City Clerk shall recommend to the City Council any district boundary changes necessary to ensure that, to the extent reasonably possible, there is no more than a ten-percent deviation between the most populous and the least populous district. (c) Not less than once every five (5) years after making the determination required under Subsection (b) above, the City Clerk shall again review the district boundaries to determine whether the maximum deviation between the most populous and the least populous district meets the standard described in Subsection (b) above. If the standard in Subsection (b) above is not met, the City Clerk shall recommend to the City Council any district boundary changes necessary to ensure that the districts conform to such standard. (d) Any changes to district boundaries shall be established by ordinance no less than one hundred twenty (120) days before a regular municipal election. SUGGESTED AMENDMENT: Sec. 7-71. Precinct map/amendment. (a) The boundaries of the election precincts as herein created in the City are hereby fixed and established as shown on the map entitled "District-Precinct Map," which map is on file in the office of the City Clerk. (b) Upon notice by Larimer County that its precinct boundaries have been amended, the City Clerk shall review precinct boundaries and recommend to City Council any precinct boundary changes to ensure they match Larimer County’s precincts. Sec. 7-87. Redistricting; notice. . . . (c) Not less than once every five (5) six (6) years after making the determination required under Subsection (b) above, the City Clerk shall again review the district boundaries to determine whether the maximum deviation between the most populous and the least populous district meets the standard described in Subsection (b) above. If the standard in Subsection (b) above is not met, the City Clerk shall recommend to the City Council any district boundary changes necessary to ensure that the districts conform to such standard. 2.1 Packet Pg. 25 Attachment: Matrix for December 13 Work Session (5045 : Possible Charter and Election Code Amendments) 9 (d) The need to amend precinct boundaries pursuant to Section 7-71(b) shall automatically cause the City Clerk to review current population deviations, regardless of how long it has been since the last review. If the deviation is found to exceed ten (10) percent, the City Clerk shall recommend that the City Council make boundary adjustments, and present the Council with possible redistricting options that to the maximum extent possible equalize the population in each district, subject to the requirements for contiguity and compactness set forth in Article II, Section 1(c) of the Charter, with a maximum permissible deviation of ten (10) percent between the most populous and least populous district. (de) Any changes to district boundaries shall be established by ordinance no less than one hundred twenty (120) days one hundred eighty (180) days before a regular municipal election. 2.1 Packet Pg. 26 Attachment: Matrix for December 13 Work Session (5045 : Possible Charter and Election Code Amendments) 10 PROPOSED CHANGE D: Clarify a process for election complaints and create a form for the filing of election complaints. EXPLANATION: Presently, the code does not detail a process for addressing election complaints. CURRENT CODE PROVISION: Sec. 7-20. Duties of City Clerk. The City Clerk shall: (1) Provide forms and instructions to assist candidates and the public in complying with the reporting requirements of Article V; (2) Keep a copy of any report or statement required to be filed by Article V for a period of one (1) year from the date of filing. In the case of candidates who were elected, those candidate's reports and filings shall be kept for one (1) year after the candidate leaves office; (3) Make reports and statements filed under Article V available on the City's website no later than the next business day; (4) Report apparent violations of Article V to the City Manager. SUGGESTED AMENDMENT: Sec. 7-20. Duties of City Clerk. The City Clerk shall: . . . (4) Report apparent complaints received regarding alleged violations of Article V to the City Manager. ARTICLE V. CAMPAIGNS DIVISION 2. Campaign Violations Sec. 7-145. Allegation of campaign violation. (a) Any candidate or registered elector of the City (“complainant”) who has reason to believe a violation of Chapter 7, Article V, of this Code, has occurred by any candidate, candidate committee, or issue committee may file a written complaint to the City Clerk, no later than sixty (60) days after the alleged violation has occurred. (b) The complaint must contain: 1. The name of the alleged violator; 2. The Code provision allegedly violated; 3. A brief statement or description of the offense allegedly committed and the basis for the allegation; 4. Identification of any relevant documents or other evidence; 5. Identification of any witnesses or persons with relevant knowledge; and 6. The name and address of the complainant. (c) The City Clerk will forward the complaint to the City Attorney, who will evaluate the complaint for probable cause. 2.1 Packet Pg. 27 Attachment: Matrix for December 13 Work Session (5045 : Possible Charter and Election Code Amendments) 11 Sec. 7-146. Evaluation of campaign complaint. (a) If the City Attorney determines that no probable cause exists, that the complaint fails to allege an enforceable violation, or that the requirements of Section 7-145 were not met by the complainant, the City Attorney shall so notify the City Clerk, who will, in turn, notify the complainant in writing. (b) If the City Attorney determines probable cause exists, the City Attorney may notify Fort Collins Police Services, who, in consultation with the City Attorney, may file and serve a summons and complaint to the respondent. The City Attorney retains prosecutorial discretion on whether to ultimately file criminal charges. If the City Attorney determines filing a summons and complaint is inappropriate, he or she shall so notify the City Clerk, who will, in turn, notify the complainant and respondent in writing. Sec. 7-147. Action by complainant. (a) After having received written notification from the City Clerk that the City Attorney determined filing a summons and complaint is inappropriate, or after 180 days of filing the complaint, whichever is first, the complainant may bring a civil action in District Court. (b) The complainant has one (1) year from the date of the violation to bring such suit. (c) The complainant may sue to compel compliance with this Article, provided however, that complainant must first file a complaint with the City Clerk, pursuant to Section 7-145, and otherwise exhausts his or her administrative remedies. (d) Any person who knowingly violates this Article may be civilly liable in an amount up to two thousand dollars ($2,000.), or, if applicable, three (3) times the amount of the discrepancy, whichever is greater. (e) Reasonable attorneys’ fees for the prevailing party may be awarded if the amount of civil liability alleged is greater than seven thousand five hundred dollars ($7,500.). (f) In determining the amount of civil liability, the court may take into account the seriousness of the violation and culpability of the defendant. Sec. 7-148. Conflicts of interest. Notwithstanding the above, nothing in this Article shall be read to preclude the City Attorney from declaring a conflict of interest, and taking appropriate action in accordance with this Code and general practices of the City, including, but not limited to, hiring special counsel, if deemed necessary and advisable under the circumstances. Sec. 7-149. Complaint not required for City action. Notwithstanding the above, nothing in this Article shall be read to preclude the City from pursuing an action, civil or criminal, against any person, candidate committee, or issue committee, for any violation of this Chapter, regardless of whether a complaint had been filed pursuant to this Article. Sec. 7-150. Administrative procedures. The City Manager is charged with ultimate authority to pursue complaints under this Article and is hereby authorized to adopt administrative regulations consistent with the provisions of this Article. 2.1 Packet Pg. 28 Attachment: Matrix for December 13 Work Session (5045 : Possible Charter and Election Code Amendments) 12 PROPOSED CHANGE E: Amend the Code to address small scale issue committees. EXPLANATION: This is being brought forward in response to legal developments related to regulation of small-scale issue committees CURRENT CODE LANGUAGE: None SUGGESTED AMENDMENT: Sec. 7-132. Definitions. … Issue committee shall not include political committees, small-scale issue committees, or candidate committees as otherwise defined in this Section. … Small-scale issue committee means an issue committee that has accepted or made contributions or expenditures in an amount that does not exceed five thousand dollars ($5,000.) during an applicable election cycle for the major purpose of supporting or opposing any ballot issue or ballot question. The following are treated as single small-scale issue committees: a. All small-scale issue committees that support or oppose a common ballot measure if the committees are established, financed, or controlled by a single corporation or its subsidiaries; b. All small-scale issue committees that support or oppose a common ballot measure if the committees are established, financed, maintained, or controlled by a single labor organization or the affiliated local units it directs; or c. All small-scale issue committees that support or oppose a common ballot measure if the committees are established, financed, maintained, or controlled by substantially the same person, group of persons, or other organizations. Sec. 7-136. Disclosure; filing of reports. (a) All candidate committees, political committees and issue committees shall report to the City Clerk their contributions and contributions in kind received, including the name and address of each person who has made contributions or contributions in kind in the amount of twenty dollars ($20.) or more; expenditures made; and obligations entered into by the committee. (b) For purposes of complying with the requirements of this Section, an issue committee consisting of an organization whose primary purpose is not to support or oppose ballot issues shall report only those contributions accepted, expenditures made and obligations entered into for the purpose of supporting or opposing a ballot issue or ballot question. Such issue committee shall not be required to report donations, membership dues or any other payments received unless such amounts are used or to be used for the purpose of supporting or opposing a ballot issue or ballot question. (c) Reports shall be filed with the City Clerk on the twenty-first day, fourteenth day, and no later than noon on the Friday before the election, thirty (30) days after the election, and annually on the first day of the month in which the anniversary of the election occurs until such time as a termination report is filed. If the reporting day falls on a weekend or legal holiday, the report shall be filed by the close of the next business day. (d) The reports required by this Section shall include the balance of funds at the beginning of the reporting period, the total of contributions received, the total of expenditures made during the reporting period and the name and address of the financial institution used by the committee or party. (e) All reports shall be submitted on forms provided by the City Clerk and shall be complete in all respects. Reports shall be current in all respects as of two (2) days prior to the date upon which each such report is to be filed. (f) A report required to be filed by this Article is timely if the paper report is received by the City Clerk not later than the close of business on the date due or if the report is filed electronically not later than midnight Mountain Standard Time on the date due. (g) Any report that is deemed by the City Clerk to be incomplete or inconsistent with the requirements of this Article shall be accepted on a conditional basis, and the committee treasurer shall be notified in writing as to any deficiencies 2.1 Packet Pg. 29 Attachment: Matrix for December 13 Work Session (5045 : Possible Charter and Election Code Amendments) 13 found. Such notice may be delivered in person, by mail, by fax, or, if an electronic mail address is on file with the City Clerk, by electronic mail. The committee treasurer shall have seven (7) business days from the date of delivery of such notice to file an amended report that cures the deficiencies. Any such amended report shall supersede the original report filed for the reporting period. (h) Any candidate committee, political committee or issue committee which has not accepted any contributions or contributions in kind, made any expenditures, or entered into any obligations during a reporting period, shall file a report with the City Clerk on the days specified in Subparagraph (c) above certifying that the committee has not accepted any contributions or contributions in kind, made any expenditures or entered into any obligations during the relevant reporting period. (i) Notwithstanding any other provision of law, the disclosure requirements specified in this Chapter shall not apply to a small-scale issue committee. Any small-scale issue committee shall disclose or file reports about the contributions or expenditures it has made or received or otherwise register as an issue committee in connection with accepting or making such contributions or expenditures in accordance with the following alternative requirements: (1) Any small-scale issue committee that accepts or makes contributions or expenditures in an aggregate amount during any applicable election cycle that does not exceed two hundred dollars ($200.) is not required to disclose or file reports about the contributions or expenditures it has made or received or otherwise register as an issue committee in connection with accepting or making such contributions or expenditures. (2) Any small-scale issue committee that accepts or makes contributions or expenditures in an aggregate amount during any applicable election cycle of between two hundred dollars ($200.) and five thousand dollars ($5,000.) shall register with the appropriate officer within ten (10) business days of the date on which the aggregate amount of contributions or expenditures exceeds two hundred dollars ($200.). The registration required by this subparagraph must include a statement listing: a. The committee’s full name, spelling out any acronyms used in the name; b. The name of a natural person authorized to act as a registered agent of the committee; c. A street address for the principal place of business of the committee; d. The purpose or nature of interest of the committee; and e. The name of the financial institution in which, in a separate account bearing the name of the committee, all contributions received by the committee are deposited. (j) Except as required by Section 7-135(f)(2), no small-scale issue committee described in subsection (i)(2) is required to make any disclosure about any contributions or expenditures it has made or received. (k) At such time as any issue committee that began as a small-scale issue committee accepts or makes contributions or expenditures in an aggregate amount during any applicable election cycle that exceeds five thousand dollars ($5,000.), the committee shall report to the appropriate officer, for each particular contribution or expenditure accepted or made, the name and address of each person who has made such contribution and the amount of each specific contribution and expenditure accepted or made by the committee. (l) At such time as any issue committee that began as a small-scale issue committee accepts or makes contributions or expenditures in an aggregate amount during any applicable election cycle that exceeds five thousand dollars ($5,000), the committee shall make disclosure of any contributions or expenditures it accepts or makes on or after the date on which such aggregate amount exceeds five thousand dollars ($5,000.) in compliance with all applicable requirements under this Article pertaining to the disclosure by an issue committee of its contributions or expenditures accepted or made. (m) Within seven (7) days of a small-scale issue committee becoming subject to the applicable requirements governing an issue committee under this Article, the committee through its registered agent, shall report this change in the committee’s status to the City Clerk. 2.1 Packet Pg. 30 Attachment: Matrix for December 13 Work Session (5045 : Possible Charter and Election Code Amendments) For City Clerk’s Use Only: Date Filed: Initials: For City Clerk’s Use Only Date Complaint Forwarded to City Manager and City Attorney: Initials: Return this completed form to: City Clerk’s Office, 300 LaPorte Avenue, Fort Collins, CO 80521, or email to cityclerk@fcgov.com NOTICE OF ELECTION COMPLAINT Complainant Information: Name, address, telephone number(s), and email address of the complainant (who must be a registered elector). If more than one complainant, please provide the name, address, telephone number(s), email address, and signature of each complainant on the back of this form or on additional sheets. Name: Complainant’s Signature: Street Address: Zip Code: Phone #: Email: An election complaint, in accordance with Section 7-145, must be filed with the City Clerk no later sixty (60) days after the alleged violation has occurred. GROUNDS FOR ELECTION COMPLAINT Name of alleged violator(s): Date(s) of alleged violation: Code provision allegedly violated: Detailed description of the offense allegedly committed: Identification of any relevant documents or other evidence. Please attach copies of documents if available. Identification of any witnesses or persons with relevant knowledge. Please provide contact information for each witness or person identified, such as phone number, physical address, email address, etc. if available. **A form must be completed for each Election Complaint** ATTACHMENT 2 2.2 Packet Pg. 31 Attachment: Election Complaint Form (5045 : Possible Charter and Election Code Amendments) Summary of Colorado Municipalities – Councilmembers, Terms, Redistricting Municipality # Council Terms Redistricting Centennial 9 Members  4 Districts  2 from each District  1 Mayor 4 year terms, staggered. In 2010 and then beginning with the Regular City Election held in 2013, the Election Commission shall review district boundaries within the City at least every four (4) years during the six (6) months immediately following a Regular City Election. Aurora 11 Members  6 Wards  4 at large  1 Mayor 4 year terms, staggered. Review ward boundaries prior to elections in years ending in 3 and 9 Greeley 7 Members  4 Districts  2 at large  1 Mayor The Mayor, two (2) Council Ward seats and one (1) Council at-large seat shall be elected at every general municipal election. The City Council shall not more often than once in four (4) years, by ordinance, readjust the ward boundaries, so as to comprise compact and contiguous territory, and so as to contain, as nearly as possible, an equal number of inhabitants. Englewood 7 Members  4 Districts  3 at large  Mayor chosen from Council 4 year terms, staggered. Districts reviewed every 4 years. 15% variance Thornton 9 Members  4 Wards  2 from each Ward  1 Mayor 4 year terms, staggered. The Council shall change the boundaries of such wards to reflect population shifts at least once every ten (10) years. Colorado Springs 10 Members  6 Districts  1 from each District  Mayor  3 Council at large 4 year terms, staggered At least one hundred twenty (120) and not more than one hundred fifty (150) days before any City election at which 1 Charter and Code Amendments Wanda Winkelmann, City Clerk; Rita Knoll, Chief Deputy City Clerk, Carrie Daggett, City Attorney December 13, 2016 ATTACHMENT 4 2.4 Packet Pg. 33 Attachment: PowerPoint Presentation (5045 : Possible Charter and Election Code Amendments) General Direction Sought 1. What amendments, if any, would Council like staff to bring forward for formal consideration? 2. What additional considerations would Council like to pursue? A. Election Code Committee B. Redistricting 2 2.4 Packet Pg. 34 Attachment: PowerPoint Presentation (5045 : Possible Charter and Election Code Amendments) Background • Resolution 2015-092 created an ad hoc committee • Councilmembers Ross Cunniff, Bob Overbeck, and Kristin Stephens • Ordinance No. 021, 2016 was adopted that amended Chapter 7 related to elections • The Committee met three additional times (July 18, September 14, and November 10) and recommend changes to the Charter and Code 3 2.4 Packet Pg. 35 Attachment: PowerPoint Presentation (5045 : Possible Charter and Election Code Amendments) Proposed Charter Amendment 4 Issue Recommended Action Amend the Canvass Date Amend language regarding the Organizational Meeting 1. Charter Amendment that moves the canvass date to 10 days after the election. 2. Organizational meeting would be held after the final certification and expiration of the recount period 2.4 Packet Pg. 36 Attachment: PowerPoint Presentation (5045 : Possible Charter and Election Code Amendments) Proposed Charter Amendment 5 Issue Recommended Action Cancellation of a Council Meeting 1. Charter Amendment that would permit the City Manager, in consultation with the Mayor, to cancel a Council meeting in the event of an emergency, natural disaster, etc. 2.4 Packet Pg. 37 Attachment: PowerPoint Presentation (5045 : Possible Charter and Election Code Amendments) Proposed Code Amendment 6 Issue Recommended Action HB 16-1070 requires that access be granted to municipal clerks to the digitized signatures contained in the voter registration system Amend the Code to require signature verification beginning with the 2019 municipal election. 2.4 Packet Pg. 38 Attachment: PowerPoint Presentation (5045 : Possible Charter and Election Code Amendments) Proposed Code Amendment 7 Issue Recommended Action Presently the Code requires that receipts for expenditures by committees or independent expenditures be kept for 90 days A Code Amendment to require the retention of all records pertaining to contributions and expenditures for one year 2.4 Packet Pg. 39 Attachment: PowerPoint Presentation (5045 : Possible Charter and Election Code Amendments) Proposed Code Amendment 8 Issue Recommended Action Clarify when the City Clerk recommends amending the District-Precinct Map 1. Upon notice by Larimer County that its precinct boundaries have been amended, the City Clerk shall automatically review current population deviations 2. Not less than every six years 2.4 Packet Pg. 40 Attachment: PowerPoint Presentation (5045 : Possible Charter and Election Code Amendments) Proposed Code Amendment 9 Issue Recommended Action Election Complaints 1. Add a process to the municipal code 2. Create a form to file an election complaint 3. Add a private right to enforce campaign finance violations in court (if City does not prosecute) 2.4 Packet Pg. 41 Attachment: PowerPoint Presentation (5045 : Possible Charter and Election Code Amendments) Proposed Code Amendment 10 Issue Recommended Action Reduce requirements for small-scale issue committees Amend the code to define and reduce requirements for small scale issue committees 2.4 Packet Pg. 42 Attachment: PowerPoint Presentation (5045 : Possible Charter and Election Code Amendments) Summary 1. Amending the Canvass Date, Organizational Meeting 2. Cancellation of a Council Meeting 3. Signature Verification 4. Recordkeeping of Receipts for Expenditures 5. Amending the District-Precinct Map 6. Election Complaints 7. Small Scale Issue Committees 11 2.4 Packet Pg. 43 Attachment: PowerPoint Presentation (5045 : Possible Charter and Election Code Amendments) Proposed Charter Amendment 12 2.4 Packet Pg. 44 Attachment: PowerPoint Presentation (5045 : Possible Charter and Election Code Amendments) General Direction Sought 1. What amendments, if any, would Council like staff to bring forward for formal consideration? 2. What additional considerations would Council like to pursue? A. Election Code Committee: ad hoc => standing committee B. Redistricting/Council Terms: citizen concern 13 2.4 Packet Pg. 45 Attachment: PowerPoint Presentation (5045 : Possible Charter and Election Code Amendments) DATE: STAFF: December 13, 2016 Wanda Winkelmann, City Clerk Carrie Daggett, City Attorney Tom Leeson, Director, Comm Dev & Neighborhood Svrs WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Council Appeal Process Amendments. EXECUTIVE SUMMARY The purpose of this item is to review the options for improving the Council appeal process. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What changes, if any, would Council like to make to the appeal process? 2. What additional feedback should be sought? BACKGROUND / DISCUSSION Updating and amending the Council appeal process has occurred various times since 1990. In 2015, two specific appeals were heard by Council and feedback was received from certain appellants that the process was confusing and unfair. Among the issues raised were confusion as to how new evidence could be considered, whether the site visit was properly conducted, who was eligible to present to Council and on what topics, and how much time would be allowed for presentations. Several appeals have been heard in 2016 that raised additional concern about the merit of some appeals and ineligible persons testifying at appeal hearings. A staff team has been meeting to explore possible improvements to the appeals process. Additionally, feedback was received in 1:1 or 1:2 meetings with staff and Councilmembers. The following summarizes the topics discussed and the general feedback received: Issue 1 Current Provision Eligibility to file an appeal (redefining “Party-in- interest”) The following individuals are eligible to file an appeal: 1. The applicant. 2. Property owner. 3. Anyone who received notice of the hearing (which are citizens who reside within 800-1000 feet of the proposed project). 4. Anyone who provided written comments prior to or at the original hearing that produced a decision. 5. A City Councilmember. Explanation: Presently, the number of individuals eligible to file an appeal can number in the hundreds, many of whom may not have participated in the development hearing process. Limiting eligible appellants to only those who were actively involved in the process by testifying at the original hearing or providing comments prior to or at the appeal hearing was discussed in the feedback meetings with Councilmembers. 3 Packet Pg. 46 December 13, 2016 Page 2 Pros  Communicating with an identified group of citizens become easier  Mailing appeal hearing notices is reduced from hundreds to perhaps less than ten  Limits confusion on who is eligible to speak at the appeal hearing  Parties-in-interest can be easily identified  Since the merit of the appeal is based on the record, those who participated previously are “in the record”  Parties-in-interest are encouraged to participate early in the process. Cons  The list of eligible appellants is narrowed to only those citizens who either attended the original hearing or provided written comments Council Feedback: 1. Individual Councilmembers were generally agreeable to amending the eligibility to file an appeal to those who participated in the hearing (either in person or by submitting written comments prior to the hearing). 2. Councilmembers recommended that Councilmember appeals be continued. a. Should more than one Councilmember need to agree to appeal, similar to the manner in which it requires three Councilmembers to initiate an ordinance or resolution? b. Should the appeal deadline for Councilmembers be extended so that he/she is aware if citizen appeals are filed? Staff Proposed Consideration: Staff recommends limiting eligible appellants to only those who were actively involved in the process by testifying at the original hearing or providing comments prior to or at the appeal hearing. Issue 2 Current Provision Appeal Hearing Schedule Appeals are generally heard at Regular Council Meetings Explanation: Appeal hearings take two-three hours. It may be helpful to hold appeals on a different night than a Regular Council meeting. Pros  Dates for holding appeals could be predetermined .Parties-in-interest would know the exact time the appeal would begin  Citizens interested in other items later on the agenda wouldn’t have to wait for the appeal to finish  When multiple appeals are filed for the same project, additional time could be given to the appellants Cons  It is hard to predetermine dates for appeal hearings 3 Packet Pg. 47 December 13, 2016 Page 3 Council Feedback: Individual Councilmembers were open to holding an appeal hearing on a different night, but generally preferred to keep it on a Tuesday. Staff proposed consideration: Council could consider, on a case-by-case basis, if an appeal hearing should be scheduled on a different night in instances when multiple appeals are filed. Issue 3 Current Provision Merit of Appeal (Allow for Council to consider terminating an appeal hearing) An entire hearing is held for the consideration of an appeal. Explanation: Concern has been expressed that several appeals heard in 2016 lacked merit. A Councilmember has suggested a change to permit the termination of the appeal hearing (by motion) after hearing the appellant’s presentation. Pros  The appeal hearing time is shortened significantly when a ruling is made that the appeal lacks merit  This practice is similar to certain court proceedings  Court remains a remedy for appellants Cons  Appellants may perceive this change as infringing on their due process rights.  Record may be incomplete in that opposer’s statement is not included in the record Council Feedback: If Council is interested in this suggestion, staff will craft proposed Code language to permit the termination of an appeal hearing. Staff proposed consideration: A. Staff has no recommendation regarding the termination of an appeal hearing. B. While reviewing Issue #3, the staff team discussed those instances when a procedural or technical defect is found (such as the original hearing was not recorded, public notice was not given, no sign was posted at the site, etc.). In these circumstances, staff would recommend that the code be revised to permit the City Manager, upon advisement by the CAO, to remand back to P&Z/Hearing Officer. Issue 4 Current Provision Allow Councilmember questions to be submitted prior to the hearing Councilmembers can only ask questions at the hearing. Explanation: In order to give parties-in-interest and staff the better ability to answer questions at the hearing, it has been suggested that Councilmembers be permitted to submit questions to staff in advance of the hearing. The list of questions would then be provided to parties-in-interest. 3 Packet Pg. 48 December 13, 2016 Page 4 Pros  By having the questions in advance of the hearing, all parties can prepare appropriately. Cons  This suggestion adds another “layer” to an already confusing process. Council Feedback: Council feedback was mixed and staff looks forward to the conversation at Work Session. Staff proposed consideration: Questions could be emailed to the City Clerk by noon on the day of the appeal hearing. The list of questions would be compiled and emailed to parties-in-interest, Council, and staff. The questions would be answered at the hearing. IDENTIFIED ISSUES THAT CAN BE IMPROVED WITH A PROCESS CHANGE/CODE AMENDMENT Issue A Current Provision Hearing Procedures: 1. Time Limits for Presentation and Rebuttal 2. Registration of parties- in-interest who wish to speak at the hearing. The Mayor sets the time limits for presentation and rebuttal at the appeal hearing. The 20/20/10/10 rule has been typically followed (20 minutes for presentation by each side, 10 minutes for rebuttal). These timeframes can be amended by the Mayor and Council. Anyone who is a party-in-interest may appear at the hearing and may have the expectation of being allowed to testify. Explanation: Appellants and those opposed to the appeal are often confused about how much time they will receive to present their argument and frequently ask about timeframes in order to plan their presentation. Council Feedback: Consider requiring parties-in-interest to register their teams with the City Clerk so that time can be equitably divided and their status as a party-in-interest verified. Proposed Process Change: A. Staff recommends including information in the Appeal Guidelines that describes the typical amount given for presentations and rebuttals. Council may wish to codify timeframes, with the caveat that they can be changed by the Mayor and Council on a case-by-case basis. B. In the event an appellant or opposer has not utilized all of their time for presentation or rebuttal, this time could be allotted to other parties-in-interest. Parties-in-interest could inform the Clerk (prior to the appeal hearing) that they would like to speak if there is any time remaining after the Appellant’s/Opposer’s presentation has concluded. The process for registering, including the deadline to register, would be included in the Notice of Hearing. Issue B Current Provision Site Visit (should they continue to be held?) At the request of Councilmembers, a site inspection is held for the purpose of gaining a better understanding of the physical characteristics of the site, the surrounding area, and issues on appeal. Explanation: Past appellants have expressed concern that ex parte communications are being held during site visits. Site visits are not conducted in any other process (such as by P&Z, etc.) 3 Packet Pg. 49 December 13, 2016 Page 5 Pros  Eliminates the possibility of ex parte communications at site visits  Councilmembers could still visit the site on an individual basis Cons  The understanding gained by visiting the site would be lost  Technical questions about the site (such as site lines, etc.) could not be answered Council Feedback: Councilmembers expressed a benefit to the site visits. Process Improvements Already Implemented:  Staff will continue to verbally describe the process at the beginning of the site visit.  Staff will continue to answer technical questions about the physical layout of the site and surrounding area; questions that fall outside that scope will be captured in writing and answered at the appeal hearing. Issue C Current Provision Ex Parte Communications In order to maintain the impartiality of the Council, Councilmembers must avoid communication regarding the merits of the appeal prior to the hearing Explanation: Council receives correspondence from citizens (via email) regarding the appeal. Process Improvement Already Implemented: When citizen emails sent to the distribution list “City Leaders” are received that discuss the merits of the appeal, the City Clerk replies (and cc’s the City Manager) and informs the sender that the Code limits the City Council from receiving new written materials regarding the matter (such as citizen emails), and requires the Council to avoid “ex parte” communications held outside the hearing. Emails sent to individual Councilmembers regarding appeals will need to be forwarded to the City Manager and City Clerk for response. SUMMARY OF ISSUES/PROCESS IMPROVEMENTS AND RECOMMENDED ACTION Issue Recommended Action Issue 1 – Eligibility to file an appeal 1. Amend the Code to narrow the field of parties-in interest (staff recommendation). 2. Council discussion on: a. appeals filed by Councilmembers; b. parties-in-interest informing the City Clerk that they would like to speak if there is any time remaining. Issue 2 – Appeal Hearing Schedule Council discussion on holding an appeal hearing on a different night than a Regular Council Meeting Issue 3 – Merit of Appeal 1. Council discussion on the option of terminating the appeal hearing after hearing the appellant’s presentation. 2. Amend the Code to permit a remand, resulting in the dismissal of an appeal by the City Manager when a defect is found in the process (staff recommendation). Issue 4 – Submission of Councilmember questions prior to the hearing Council discussion on a Code amendment to permit Councilmember questions to be submitted prior to the appeal hearing. 3 Packet Pg. 50 December 13, 2016 Page 6 Process Improvement Recommended Action Issue A – Time Limits for Presentation and Rebuttal 1. Update the Appeals Guidelines to state the typical timeframes of 20/20/10/10 (staff recommendation). 2. Council discussion on a Code amendment to add in the typical timeframes. Issue B – Site Visits Council discussion on the merits of site visits. Issue C – Ex Parte Communication Council discussion on the process improvement already occurring whereby the City Clerk responds to citizen emails. RULES OF PROCEDURE FOR QUASI-JUDICIAL MATTERS Resolution 2015-091 outlines the Rules of Procedure governing the conduct of Council meetings, including the display of signs and props. At the December 6 Regular Meeting, Council discussed (under Other Business) if signs are appropriate in quasi-judicial proceedings (such as appeal hearings). Staff will explore this issue further and will be prepared to discuss it at the Work Session. NEXT STEPS If Council elects to make any changes to the appeal process, staff would propose obtaining feedback from: 1. The Development Review Advisory Committee (DRAC), which is a citizen advisory body whose primary function is to foster a timely, predictable and accountable development review process that implements the City's goals for land use, transportation, neighborhood livability and the environment. The Committee advocates for and supports consistent and fair application and implementation of regulations. 2. Additionally, feedback could be sought from former appellants and other interested citizens, members of the Planning and Zoning Board and Building Review Board, developers, and attorneys. Councilmembers may have additional suggestions and staff looks forward to hearing those comments. Once all of the changes have been identified and adopted, staff would involve CPIO to explore ways to make the process easier for citizens to understand and participate. One possible solution is the creation of a short video that explains the process in a clear, concise manner. ATTACHMENTS 1. PowerPoint presentation (PDF) 3 Packet Pg. 51 1 Appeal Process Improvements Wanda Winkelmann, City Clerk; Tom Leeson, Director of CDNS Carrie Daggett, City Attorney December 13, 2016 ATTACHMENT 1 3.1 Packet Pg. 52 Attachment: PowerPoint presentation (5044 : Council Appeal Process Amendments) General Direction Sought 1. What changes, if any, would Council like to make to the appeal process? 2. In addition to the Development Review Advisory Committee, P&Z, BRB, former appellants and other interested citizens, what other groups should weigh in on the proposed changes? 2 3.1 Packet Pg. 53 Attachment: PowerPoint presentation (5044 : Council Appeal Process Amendments) Background • Updates to the appeal process have occurred throughout the years • Concerns have been raised regarding the fairness of the appeal process, the merit of appeals and eligibility of those testifying • A staff team met in 1:1 or 1:2 meetings with Councilmembers to receive feedback 3 3.1 Packet Pg. 54 Attachment: PowerPoint presentation (5044 : Council Appeal Process Amendments) Issues and Action 4 Issue Recommended Action Issue 1 – Eligibility to file an appeal Councilmembers filing an appeal 1. Council discussion on: a. Amending the Code to narrow the field of parties-in interest (staff recommendation). 1. Council discussion on: a. appeals filed by Councilmembers – should more than one be required to file? b. should the deadline to file an appeal by a Councilmember be amended? 3.1 Packet Pg. 55 Attachment: PowerPoint presentation (5044 : Council Appeal Process Amendments) Issues and Action 5 Issue Recommended Action Issue 2 – Appeal Hearing Schedule Council discussion on holding an appeal hearing on a different night than a Regular Council Meeting (on a case-by-case basis 3.1 Packet Pg. 56 Attachment: PowerPoint presentation (5044 : Council Appeal Process Amendments) Issues and Action 6 Issue Recommended Action Issue 3 – Merit of Appeal 1. Council summary decision on the merit of the appeal after hearing the appellant’s presentation (if appeal is without merit). 2. Amend the Code to permit a remand of an appeal by the City Manager when a defect is found in the process (staff recommendation). 3.1 Packet Pg. 57 Attachment: PowerPoint presentation (5044 : Council Appeal Process Amendments) Issues and Action 7 Issue Recommended Action Issue 4 – Submission of Councilmember questions prior to the hearing Council discussion to permit Councilmember questions to be submitted to the City Clerk for distribution prior to the appeal hearing. 3.1 Packet Pg. 58 Attachment: PowerPoint presentation (5044 : Council Appeal Process Amendments) Process Improvement and Action 8 Issue Recommended Action Issue A – Meeting Procedures: Time Limits for Presentation and Rebuttal Registration of parties-in- interest who wish to speak 1. a. Update the Appeals Guidelines to state the typical timeframes of 20/20/10/10 (staff recommendation). b. Council discussion on a Code amendment to add in the typical timeframes 2. Requiring parties-in-interest to pre-register with the Clerk in order to speak at the hearing. 3.1 Packet Pg. 59 Attachment: PowerPoint presentation (5044 : Council Appeal Process Amendments) Process Improvement and Action 9 Issue Recommended Action Issue B – Site Visits Council discussion on the merits of site visits. 3.1 Packet Pg. 60 Attachment: PowerPoint presentation (5044 : Council Appeal Process Amendments) Process Improvement and Action 10 Issue Recommended Action Issue C – Ex Parte Communication Council discussion on the process improvement already occurring whereby the City Clerk responds to citizen emails concerning the appeal. 3.1 Packet Pg. 61 Attachment: PowerPoint presentation (5044 : Council Appeal Process Amendments) Summary 1. Eligibility to file an appeal. 2. Appeal hearing schedule. 3. Merit of appeal. 4. Submission of Councilmember questions. 5. Meeting procedures: time limits, registration of parties-in- interest. 6. Site Visits. 7. Ex parte communications. 11 3.1 Packet Pg. 62 Attachment: PowerPoint presentation (5044 : Council Appeal Process Amendments) Rules of Procedure • Resolution 2015-091 outlines the Rules of Procedure governing the conduct of Council meetings, including the display of signs and props • At the December 6 Regular Meeting, Council discussed if signs are appropriate in quasi-judicial proceedings 12 3.1 Packet Pg. 63 Attachment: PowerPoint presentation (5044 : Council Appeal Process Amendments) Next Steps Public Engagement • Development Review Advisory Committee • Planning & Zoning Board • Building Review Board • Open house to invite feedback from former appellants, developers, attorneys, and other interested citizens 13 3.1 Packet Pg. 64 Attachment: PowerPoint presentation (5044 : Council Appeal Process Amendments) 14 • What additional changes would Council like to see in the appeal process? • What additional feedback should be sought? Conclusion 3.1 Packet Pg. 65 Attachment: PowerPoint presentation (5044 : Council Appeal Process Amendments) district members of Council are to be elected, the City Clerk shall divide the City into six election districts Presented to: Election Code Committee, November 10, 2016 Meeting ATTACHMENT 3 2.3 Packet Pg. 32 Attachment: Summary of Colorado Municipalities (5045 : Possible Charter and Election Code Amendments)