REPORT TO THE CITY COUNCIL DATE: August 9, 2018 FROM: YVONNE SPENCE, City Clerk Office of the City Clerk SUBJECT ..Title Actions pertaining to Fresno Clean and Safe Neighborhood Parks Tax Ordinance Initiative Measure: 1. RESOLUTION - Accepting Election Official's Certificate of Sufficiency for the Fresno Clean and Safe Neighborhood Parks Tax Initiative Petition; and 2. Take one of the following actions: a. ***RESOLUTION - Adopting the Fresno Clean and Safe Neighborhood Parks Tax Ordinance and Submitting the Measure to City Voters at the Next Regular Municipal Election to be Held on November 6, 2018; Requesting the County to Conduct the Election; and Requesting Consolidation of the Election with any Other Election held on that Date (Subject to Mayor's Veto); or b. ***RESOLUTION - Submitting the Initiative Ballot Measure Proposal to Impose a Fresno Clean and Safe Neighborhood Parks Tax at the Next Regular Municipal Election to be Held on November 6, 2018; Requesting the County to Conduct the Election; and Requesting Consolidation of the Election with any Other Election held on that Date (Subject to Mayor's Veto); or c. Order a report pursuant to Elections Code Sections 9215(c) and 9212 relating to the impacts or effects of the Proposed Ordinance, to be presented to Council within 30 days. ..Body RECOMMENDATION 1. Adopt the Resolution Accepting the City Clerk's Certificate of Sufficiency for the Initiative Petition Relating to the Parks Tax Initiative (Attachment A); and 2. Do one of the following: a. Adopt the resolution adopting the Fresno Clean and Safe Neighborhood Parks Tax Ordinance and submitting the measure to City voters at the next regular municipal election to be held on November 6, 2018, and request the County to conduct the election, and requesting consolidation of the election with any other election held on that date; or b. Adopt the resolution submitting the initiative ballot measure proposal to City voters at the next regular municipal election to be held on November 6, 2018, and request the County to conduct the election, and requesting consolidation of the election with any other election held on that date; or c. Order a report pursuant to Elections Code Sections 9215(c) and 9212 relating to the impacts or effects of the Proposed Ordinance, to be presented to Council within 30 days. EXECUTIVE SUMMARY Proponents of the Fresno Clean and Safe Neighborhood Parks Tax Initiative have submitted an initiative petition to the City of Fresno, which has been deemed sufficient following a prima facie review by the City Clerk and signature verification by the Fresno County Clerk/Registrar of Voters. Accordingly, the City Clerk is presenting a certificate of sufficiency to Council. Upon presentation of the certified Initiative Petition and pursuant to Elections Code 9215 and Proposition 218, Council must do one of the following: (1) adopt the ordinance and send to City voters for ratification; (2) directly send the initiative to City voters; or (3) order an informational report to be prepared and returned within 30 days. BACKGROUND On July 18, 2018, the City Clerk received the Initiative Petition proposing the Fresno Clean and Safe Neighborhood Parks Tax Initiative. After a prima facie review by the City Clerk, the Initiative Petition was deemed filed on July 18, 2018, and forwarded to the Fresno County Clerk/Registrar of Voters for signature verification. Pursuant to Elections Code Section 9215, an initiative petition must be signed by at least 10% of the registered voters in the City, based upon the County Election Official's last official report of registrations to the Secretary of State. According to the Fresno County Registrar's last Official Report of Registration to the Secretary of State, dated April 6, 2018, 23,426 signatures were needed to qualify the Initiative Petition for an election. On July 23, 2018, the Fresno County Clerk/Registrar of Voters, utilizing a random sampling methodology and examining 3% of all signatures submitted, determined that the Initiative Petition contained 27,623 valid signatures which constitute a valid signature percentage of 117.9% of the required signatures. The City Clerk has issued a Certificate of Sufficiency for the Initiative Petition as required under Elections Code Section 9115. Elections Code Section 9215 requires that, upon certification of an initiative petition, the Council must do one of the following: (1) Adopt the ordinance without alteration at the regular meeting at which the certification of the petition is presented; or (2) Submit the ordinance, without alternation, to the voters of the City at the next regular municipal election; or (3) Order an informational report at the regular meeting at which the certification is presented. The report must be presented to Council within 30 days of certification of the petition and the Council must either adopt the ordinance or submit it to voters within 10 days of being presented with the report. Because the Initiative Petition presented in this case relates to a proposed increase in sales tax, it must be presented to voters pursuant to the requirements of Proposition 218 regardless of whether the Council adopts the ordinance. As such, Council's options are to do one of the following: (1) adopt the proposed ordinance and submit it to City voters for ratification; (2) directly submit the proposed ordinance to voters; or (3) order an informational report to obtain additional information about the impacts of the proposed ordinance, which must be presented to Council as directed by Council, but no later than 30 days from the date on which the Initiative Petition is certified. If Council chooses Option 3 it must do either of the following within 10 days of receiving the report: (1) adopt the proposed ordinance and send it to voters; or (2) directly send the proposed ordinance to voters. ENVIRONMENTAL FINDINGS NA LOCAL PREFERENCE NA FISCAL IMPACT If Council sends the Initiative Petition to voters at the next regular municipal election, the City will incur usual costs associated with submitting ballot measures to voters at general elections. The City Clerk has estimated this cost to be between $50,000 and $70,000, which cost would be incurred from the General Fund. Attachments: Attachment A - Resolution - Accepting the Election Official's Certificate of Sufficiency Attachment B - Resolution - Adopting and Submitting Ordinance to Voters at Regular Municipal Election Attachment C - Resolution - Submitting Ordinance to Voters at Regular Municipal Elections