REPORT TO THE CITY COUNCIL
March 4, 2021
SUBJECT
Title
BILL - (For introduction) Amending Article 15 of Chapter 7 of the Fresno Municipal Code relating to certain technical amendments required by the California Department of Tax and Fee Administration and as required due to the passage time of the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P)
Body
RECOMMENDATION
Approve technical amendments to Article 15 of Chapter 7 of the Fresno Municipal Code, the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P).
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 of the clarification of law, on February 18, 2021, the Council certified Measure P as passed.
As the City prepares to submit Measure P to the state for administration of the tax associated therewith, the California Department of Tax and Fee Administration (the CDTFA) has directed the City to make certain technical amendment to Measure P. Further, due to the passage of time between the November 6, 2018, general election and the February 18, 2021, certification of Measure P certain deadlines associated with Measure P require updating. The proposed amendment addresses the required changes.
BACKGROUND
Passage of Measure P. Measure P received 52.17% affirmative votes at t...
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