REPORT TO THE CITY COUNCIL
February 18, 2021
FROM: YVONNE SPENCE, City Clerk
MICHAEL LIMA, Controller
SUBJECT
Title
Actions pertaining to the Ordinance Number 2021-005, the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P):
1. ***RESOLUTION - Certifying and declaring the results of the Consolidated General Election held in the City of Fresno on November 6, 2018, as to Measure P (Subject to Mayor's Veto)
2. RESOLUTION - Authorizing the Controller or his designee to execute agreements with the California Department of Tax and Fee Administration for implementation of a local transactions and use tax
3. RESOLUTION - Authorizing examination of sales or transactions and use taxes records
4. ***RESOLUTION - Adopting the 67th amendment to the Annual Appropriation Resolution No. 2020-159 appropriating up to $175,000 for State administration of Measure P (Requires 5 affirmative votes) (Subject to Mayor's veto)
Body
RECOMMENDATION
Certify and declare the election results and authorize resolutions and attendant documents for implementation and administration of Measure P (City of Fresno Ordinance Number 2021-005).
EXECUTIVE SUMMARY
At the general election held in November 6, 2018, the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P) received 52.17% affirmative votes. On December 18, 2018, in accordance with then-existing law relating to the vote threshold for special tax voter initiatives, the City declared Measure P failed.
Subsequently, out of an abundance of caution, the City filed a declaratory relief action seeking the court's guidance on whether a special tax requires a simple majority or two-thirds vote for passage (the Measure P Litigation). The Measure P Litigation has resulted in the California Fifth District Court of Appeals holding that that a special tax voter initiative requires only a majority vote to pass. As a result the Court has directed passage of Measure P, pursuant to which this item ha...
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