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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?