HomeMy Public PortalAbout15) 10B Parcel Tax MeasureAGENDA
ITEM 1 O.B.
MANAGEMENT SERVICES DEPARTMENT
DATE:
TO:
FROM:
August 6, 2019
The Honorable City Council
Bryan Cook , City Manager
By: Greg Murphy, City Attorney
Peggy Kuo, City Clerk
MEMORANDUM
SUBJECT: CONSIDERATION OF CALLING A SPECIAL MUNICIPAL ELECTION FOR
VOTER APPROVAL OF A PARCEL TAX TO FUND STREET AND SAFETY
IMPROVEMENTS
RECOMMENDATION:
The City Council is requested to:
1. Consider adopting Resolution No. 19-5415 (Attachment "A") calling a Special
Municipal Election for November 5, 2019 for voter approval of the "Temple City Street
Reconstruction and Safety Improvement Measure" ("Measure"), which establishes a
$300 parcel tax to fund street and safety improvements within the City; and
2. Consider adopting Resolution No. 19-5416 (Attachment "B") requesting the Board of
Supervisors of Los Angeles County to consolidate the City's Special Municipal
Election with the November 5 , 2019 Statewide General Election; and
3. Direct up to two Councilmembers to draft the argument in favor of the proposed
Measure; and
4. Provide staff with such other direction as the City Council deems appropriate .
BACKGROUND:
1. On November 16, 2018, Nichols Consulting Engineers (NCE) presented an updated
Pavement Management Program (PMP) report and database to the Facilities , Public
Works, and Infrastructure Standing Committee . Based on feedback from the
committee, staff directed NCE to run additional funding scenarios in StreetSaver that
assume additional up-front funding in the first year.
4 . On February 22, 2019, the additional scenarios were presented to the Facilities , Public
Works, and Infrastructure Standing Committee. The scenarios have since been
incorporated into the PMP report. The updated Pavement Management Plan report
City Council
August 6, 2019
Page 2 of 4
concludes that Temple City's average citywide Pavement Condition Index (PCI) is 58,
while Temple City's arterial streets have an average PCI of 77. To maintain the current
PCI of 58, an annual budget of $2.5 million is required over the next 10 years.
5. On April 2, 2019, City Council received and filed the updated PMP report and directed
staff to bring a report to City Council for discussion relating to funding for street and
safety improvement.
ANALYSIS:
As presented to the City Council in April 2019, the City faces a significant funding shortfall
to not only maintain the current road conditions, but to also improve the road conditions.
As discussed, the City's projected annual street maintenance budget of $1 .4 million (using
a combination of Measure R, Measure M, and Road Maintenance and Rehabilitation
Account (SB 1) funds} is inadequate to maintain the current PCI. At this level of
investment, the citywide PCI will decrease to 49 over the next 10 years. Deferred
maintenance will grow to $57.6 million. If no additional street resurfacing were performed,
the citywide PCI would decline to 35 over the next 10 years.
Per City Council's direction to explore options to infuse additional funding to maintain or
improve current street PCI, City Council is requested to have a discussion regarding
consideration of calling a special municipal election to add a Measure for voter approval
of a parcel tax to fund street and safety improvements.
The proposed Measure and its implementation is as follows:
Section 1: The Proposed Measure
TEMPLE CITY STREET RECONSTRUCTION AND SAFETY IMPROVEMENT
MEASURE: Shall the Measure, to resurface, repair, maintain and fix potholes on failing
residential streets; minimize long-term road reconstruction costs; increase the rate of street
repairs; enhance traffic safety/flow; improve 9-1-1 emergency vehicle response times,
commute times, and pedestrian safety, including at neighborhood school crosswalks; by
establishing a $300 parcel tax, providing $3,000,000 annually until ended by voters,
requiring public oversight, independent financial audits, with all funds used for Temple City
streets/roads, be adopted?
If the Measure is approved by the voters (i.e., which requires that 66.6% of the votes cast
being in favor), staff will enter into an agreement with the Los Angeles County Auditor-
Controller to assess and levy the parcel tax on the property tax roll. The parcel tax
assessment will not be levied until the 2021 property tax roll as the election occurs after the
deadline to submit an agreement with the Los Angeles County Auditor-Controller to add the
parcel tax onto the 2020 property tax roll.
Section 2: The Process for Adopting the Proposed Measure
City Council
August 6, 2019
Page 3 of 4
Section 2: The Process for Adopting the Proposed Measure
Under existing law, the City may place a measure that seeks approval of a parcel tax on
the ballot by resolution or ordinance. (Gov. Code §53724(a); City Charter §500.) This
measure must be presented at an election that is consolidated with a statewide primary
election, a statewide general election, or a regularly scheduled local election at which all
of the electors of the local government or district are entitled to vote. (Gov. Code
§53724(c).)
Both the Elections Code and the Los Angeles County Registrar-Recorder/County Clerk's
Office require that certain resolutions be adopted before the City may hold a Special
Municipal Election that will be consolidated with the November 5, 2019 Statewide General
Election (which is the next available election).
The following two resolutions are necessary before the City may place this Measure on
the November 5, 2019 Statewide General Election:
• Resolution No. 19-5415 (Attachment "A"), which calls the election, establishes the
purpose for the election, authorizes the City Clerk to conduct the election, directs
the City Attorney to prepare an impartial analysis, allows for the Council to direct
the drafting arid filing of written arguments concerning the Measure, provides for
the filing of rebuttal arguments concerning the Measure, and outlines other
procedural steps to be taken; and
• Resolution No. 19-5416 (Attachment "B"), which requests that the Board of
Supervisors of Los Angeles County to consolidate the City's Special Municipal
Election with the November 5, 2019 Statewide General Election pursuant to
Section 10403 of the Elections Code.
Environmental review:
The purpose of these resolutions is to obtain voter approval of a parcel tax to fund certain
types of street and safety improvements. Governmental funding mechanisms and fiscal
activities that do not require any commitment to any specific individual project are exempt
from further review under (CEQA) Guidelines section 15378(b)(4). In addition, the
proposed use of funds are for street reconstruction and safety improvements, which will
involve the operation, repair, maintenance or minor alternations of existing public or
private structures and facilities, involving no or negligible expansion of that existing use,
and as such will be exempt under CEQA Guidelines section 15301. Lastly, pursuant to
CEQA Guidelines, section 15061 (b)(3), these resolutions are exempt under the general
rule that CEQA only applies to projects which have the potential for a significant effect on
the environment. Since it can be seen with certainty that there is no possibility that these
City of Temple City fiscal and maintenance activities will have a significant effect on the
environment, no further environmental review is necessary.
If approved, the City Council may determine if and who will draft a written argument in
favor of the Measure. That argument, and any argument submitted to the City Clerk in
City Council
August 6, 2019
Page 4 of 4
opposition to the Measure, is limited to 300 words, and must be submitted by August 16,
2019.
CITY STRATEGIC GOALS:
City Council's direction regarding the Measure will further the City's Strategic Goal of
Good Governance and Sustainable Infrastructure.
FISCAL IMPACT:
The estimated cost to conduct the Special Municipal Election, consolidated with the
County's Statewide General Election on November 5, 2019, with one measure, is
approximately $213,000. The estimated cost to add one measure to the City's next General
Municipal Election, consolidated with the County's General Election on March 3, 2019, will
not be available until the week of August 5, 2019. Calling for a Special Municipal Election
on November 5, 2019 will have a fiscal impact on the Fiscal Year 2019-20 City Budget.
Funds will need to be appropriated from undesignated General Fund reserves.
ATTACHMENTS:
A Resolution No. 19-5415 (Calling for Election)
B. Resolution No. 19-5416 (Requesting Consolidation with County)
ATTACHMENT A
RESOLUTION NO. 19-5415
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALLING FOR AN ELECTION AND ORDERING
SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY
A CERTAIN MEASURE ENTITLED "TEMPLE CITY STREET
RECONSTRUCTION AND SAFETY IMPROVEMENT
MEASURE" AT THE GENERAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2019 AND DIRECTING THE
PREPARATION OF AN IMPARTIAL ANALYSIS OF THE
MEASURE, THE SUBMISSION AND PREPARATION OF
BALLOT ARGUMENTS, AND PUBLICATION OF NOTICE OF
THE MEASURE
WHEREAS, California Constitution article XIII D, section 3, and Government Code
section 53722, require the City to obtain two-thirds voter approval to impose any special tax upon
any parcel of property; and
WHEREAS, pursuant to Government Code section 53724, the City may by resolution
propose such a special tax for voter approval; and
WHEREAS, the City Council of the City of Temple City seeks to place a ballot measure
on the November 2019 ballot, entitled the "Temple City Street Reconstruction and Safety
Improvement Measure" ("Measure"); and
WHEREAS, the purpose of the Measure is to raise funding for street reconstruction and
safety improvements as described in Section 2 below ("Street Reconstruction and Safety
Improvements"); and
WHEREAS, the Measure will establish a $300 parcel tax, to be collected from all real
property located within the City, that will provide $3,000,000 annually for Street Reconstruction
and Safety Improvements, until ended by voters.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Temple City
does hereby resolve, declare, determine, and order as follows:
SECTION 1. The City Council determines, based on the entire record and in the exercise
of its independent judgment, that this action and the parcel taxes to be submitted to the voters are
governmental funding mechanisms and fiscal activities that do not require any commitment to any
specific individual project. As such, under California Environmental Quality Act (CEQA)
Guidelines section 15378(b)(4), the adoption of this ordinance and the resulting taxes are not a
project within the meaning of CEQA because they create a government funding mechanism that
only describes categories of potential expenditures but does not involve any commitment to any
specific project that would result in a potentially significant impact on the environment. In
addition, the proposed use of funds are for street reconstruction and safety improvements, which
will involve the operation, repair, maintenance or minor alternations of existing public or private
structures and facilities, involving no or negligible expansion of that existing use, and as such is
exempt under CEQA Guidelines section 15301. Lastly, pursuant to CEQA Guidelines, section
15061(b)(3), this project is exempt because it is covered by the general rule that CEQA only
applies to projects which have the potential for a significant effect on the environment. Since it
can be seen with certainty that there is no possibility that these City of Temple City fiscal and
maintenance activities will have a significant effect on the environment, no further environmental
review is necessary.
Resolution No. 19-5415
Page 2 of 5
SECTION 2. That the City Council, pursuant to its right and authority under the California
Government Code, does call for, place on the ballot, and orders submitted to the voters for the
November 5, 2019 General Municipal Election, the following question:
TEMPLE CITY STREET RECONSTRUCTION AND YES
SAFETY IMPROVEMENT MEASURE: NO
Shall the Measure, to resurface, repair, maintain and fix
potholes on failing residential streets; minimize long-
term road reconstruction costs; increase the rate of
street repairs; enhance traffic safety/flow; improve 911
emergency vehicle response times, commute times,
and pedestrian safety, including at neighborhood
school crosswalks; by establishing a $300 parcel tax,
providing $3,000,000 annually until ended by voters,
requiring public oversight, independent financial audits,
with all funds used for Temple City streets/roads, be
adooted?
SECTION 3. That the text of the Measure to be submitted to the voters is attached as
Exhibit "A".
SECTION 4. That the ballots to be used at the election shall be in the form and content
required by law.
SECTION 5. That pursuant to Elections Code section 9280, the City Council directs the
City Clerk to submit to the City Attorney a copy of the measure, and the City Attorney is
authorized and directed to prepare an impartial analysis of the ballot measure showing the effect
of the measure on the existing law and operation of the measure.
SECTION 6. That the City Council may, pursuant to California Elections Code section
9282, submit a written argument in favor of the measure, not to exceed 300 words in length, and
authorizes ___________ to prepare and submit that argument.
SECTION 7. That the last day for filing direct arguments for or against the measure shall
be August 16, 2019 at 5:00 p.m. and all such arguments shall be filed with the Temple City City
Clerk, 9701 Las Tunas Drive, Temple City, California, and shall not exceed 300 words in length.
The City Clerk, upon receipt of arguments and after the filing deadline, shall immediately transmit
copies to any known opposing parties who may then submit rebuttals within the time period
described in Section 8 below. Arguments received prior to the deadline shall be confidential until
the deadline.
SECTION 8. That the last day for filing rebuttal arguments for or against the ballot
measure shall be August 26, 2019 at 5:00 p.m. and all such arguments shall be filed with the
Temple City City Clerk, 9701 Las Tunas Drive, Temple City, California, and shall not exceed 250
words in length. Arguments received prior to the deadline are confidential until the deadline.
SECTION 9. That, pursuant to Elections Code section 9295, the 10 day public review
period for all ballot materials shall open at 5:00 p.m. on August 16, 2019 and shall close at 5:00
p.m. on August 26, 2019.
SECTION 10. That the City Clerk is directed to cause notice of the Measure to be timely
published in accordance with Elections Code section 12111.
Resolution No. 19-5415
Page 3 of 5
SECTION 11. That pursuant to Elections Code section 10403, the City Clerk is
authorized to transmit a certified copy of this resolution to the Los Angeles County Board of
Supervisors and the Los Angeles County Registrar of Voters after its adoption.
SECTION 12. That the foregoing Measure shall be placed on the ballot at a Special
Municipal Election to be held on November 5, 2019, and the City Council, by separate resolution,
will request that the Los Angeles County Board of Supervisors consolidate such Temple City
Special Municipal Election with the general election to be held on such date.
SECTION 13. That in all particulars not recited in the Resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 14. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions
PASSED, APPROVED AND ADOPTED ON 5rn DAY OF AUGUST, 2019.
ATTEST: CITY OF TEMPLE CITY:
Peggy Kuo, City Clerk Nannette Fish, Mayor
APPROVED AS TO FORM:
Gregory M. Murphy, City Attorney
I, PEGGY KUO, CITY CLERK of the City of Temple City do hereby certify that the foregoing
Resolution was adopted at a Regular Meeting of the City Council of the City of Temple City held
on the 5th day of August, 2019.
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember -
Councilmember -
Council member -
Council member -
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Temple City, California, this 5th day of August, 2019.
Peggy Kuo, City Clerk
Resolution No. 19-5415
Page 4 of 5
Exhibit "A"
TEMPLE CITY STREET RECONSTRUCTION AND SAFETY IMPROVEMENT
MEASURE:
Shall the Measure, Tto resurface, repair, maintain and fix potholes on failing
residential streets; minimize long-term road reconstruction costs; increase the
rate of street repairs; enhance traffic safety/flow; improve 911 emergency vehicle
response times, commute times, and pedestrian safety, including at
neighborhood school crosswalks; by establishing a $300 parcel tax, providing
$3,000,000 annually until ended by voters, requiring public oversight,
independent financial audits, with all funds used for Temple City streets/roads, be
adopted?
Resolution No. 19-5415
Page 5 of 5
CERTIFICATION -CITY OF TEMPLE CITY
I, Peggy Kuo, City Clerk of the City of Temple City, do hereby certify that the foregoing document
is full, true and correct copy of: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY CALLING FOR AN ELECTION AND ORDERING SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY A CERTAIN MEASURE ENTITLED "TEMPLE CITY
STREET RECONSTRUCTION AND SAFETY IMPROVEMENT MEASURE" AT THE GENERAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019, AND DIRECTING THE
PREPARATION OF AN IMPARTIAL ANALYSIS OF THE MEASURE, THE SUBMISSION AND
PREPARATION OF BALLOT ARGUMENTS, AND PUBLICATION OF NOTICE OF THE
MEASURE
The Original document is on file in the Office of the City Clerk, City of Temple City, California.
Peggy Kuo
City Clerk
Dated:-----~ 2019
ATTACHMENT B
RESOLUTION NO. 19-5416
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, REQUESTING THAT THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES CONSOLIDATE
A SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2019,
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE.
WHEREAS, the City Council of the City of Temple City called a special municipal election to
be held on November 5, 2019, for the purpose of the City Council submitting to the voters a ballot
measure on the November 2019 ballot, entitled the "Temple City Street Reconstruction and Safety
Improvement Measure" to authorize the raising of revenue for certain street and safety improvements as
described in Section 2 below; and
WHEREAS, pursuant to Government Code section 53724(c), this Measure must be
consolidated with the Statewide General Election; and
WHEREAS, the City wishes that the special municipal election to be held and conducted by
the County of Los Angeles in the same manner as prescribed in Elections Code section 10418; and
WHEREAS, this Resolution serves as the City's request to the County of Los Angeles to
consolidate its municipal election with the Statewide General Election, pursuant to Elections Code section
10403.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Temple City does
hereby resolve, declare, determine, and order as follows:
SECTION 1. That the City Council has adopted Resolution No. 19-5415, calling for a special
municipal election for purpose of submitting to the voters, for their approval on the November 2019 ballot,
the "Temple City Street Reconstruction and Safety Improvement Measure".
SECTION 2. That pursuant to the requirements of section 10403 of the Elections Code, the
Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the
consolidation of a Special Municipal Election with the Statewide General Election on Tuesday, November
5, 2019, for the purpose of a measure that is to appear on the ballot as follows:
TEMPLE CITY STREET RECONSTRUCTION AND YES
SAFETY IMPROVEMENT MEASURE: NO
Shall the Measure, to resurface, repair, maintain and fix
potholes on failing residential streets; minimize long-
term road reconstruction costs; increase the rate of
street repairs; enhance traffic safety/flow; improve 9-1-1
emergency vehicle response times, commute times, and
pedestrian safety, including at neighborhood school
crosswalks; by establishing a $300 parcel tax, providing
$3,000,000 annually until ended by voters, requiring
public oversight, independent financial audits, with all
funds used for Temple Citv streets/roads, be adonted?
SECTION 3. That the proposed complete text of the Temple City Street Reconstruction and
Safety Improvement Measure be submitted to the voters is attached as Exhibit "A".
SECTION 4. That, as set forth in Resolution No. 19-5415, a two-third's majority of the votes
Resolution 18-5313
Page 2 of 3
cast is necessary before approval of the Measure.
SECTION 5. That the county election department is authorized to canvass the returns of the
Special Municipal Election. The election shall be held in all respects as if there were only one election,
and only one form of ballot shall be used.
SECTION 6. That the Board of Supervisors is requested to issue instructions to the county
election department to take any and all steps necessary for the holding of the consolidated election.
SECTION 7. That the City of Temple City recognizes that additional costs may be incurred by,
the County by reason of this consolidation and agrees to reimburse the County for any such costs.
SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution
with the Board of Supervisors and the county election department of the County of Los Angeles.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution
and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON 6TH DAY OF AUGUST, 2019.
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM:
Gregory M. Murphy, City Attorney
CITY OF TEMPLE CITY:
Nannette Fish, Mayor
I, PEGGY KUO, CITY CLERK of the City of Temple City do hereby certify that the foregoing
Resolution was adopted at a Regular Meeting of the City Council of the City of Temple City held on the
6th day of August 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council member -
Councilmember -
Councilmember -
Councilmember -
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Temple
City, California, this 6th day of August, 2019.
Peggy Kuo, City Clerk
Resolution 18-5313
Page 3 of 3
Exhibit "A"
TEMPLE CITY STREET RECONSTRUCTION AND SAFETY IMPROVEMENT MEASURE:
Shall the Measure, Tto resurface, repair, maintain and fix potholes on failing residential streets; minimize
long-term road reconstruction costs; increase the rate of street repairs; enhance traffic safety/flow;
improve 911 emergency vehicle response times, commute times, and pedestrian safety, including at
neighborhood school crosswalks, by establishing a $300 parcel tax, providing $3,000,000 annually until
ended by voters, requiring public oversight, independent financial audits, with all funds used for Temple
City streets/roads, be adopted?