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Home My WebLink About05 - Opposing Assembly Constitutional Amendment 13 (Voting Thresholds)TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report October 24, 2023 Agenda Item No. 5 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Tara Finnigan, Assistant City Manager - 949-644-3001, tinnigan@newportbeachca.gov PREPARED BY: Melanie Franceschini, Management Analyst mfranceschini@newportbeachca.gov PHONE: 949-644-3028 TITLE: Resolution No. 2023-61: Opposing Assembly Constitutional Amendment 13 (Voting Thresholds) ABSTRACT: At its September 26, 2023 meeting, the City Council voted unanimously, via a straw poll, in favor of staff returning with an item for its consideration that would, if approved, convey the Council's opposition to Assembly Constitutional Amendment 13 (ACA 13). ACA 13, as proposed, raises the voter approval requirement for citizen -proposed ballot initiatives, making it more difficult to pass amendments to the California Constitution that would limit the ability to increase taxes. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2023-61, A Resolution of the City Council of the City of Newport Beach, California, Opposing Assembly Constitutional Amendment 13 (Voting Thresholds). DISCUSSION: At the request of Mayor Pro Tern Will O'Neill and Councilmember Erik Weigand, on September 26, 2023, the City Council considered placing an item on a future agenda that would formally oppose ACA 13. The City Council voted unanimously, via a straw poll, in favor of staff returning with an item. ACA 13, as proposed, changes the California Constitution by imposing a higher voter approval requirement for citizen -proposed ballot initiatives. For instance, if an initiative to amend the California Constitution includes a provision that would impose a supermajority (e.g., two-thirds, four -fifths, etc.) voter approval threshold, then ACA 13 would require that initiative to gain the approval of the same super -majority to pass. 5-1 Resolution No. 2023-61: Opposing Assembly Constitutional Amendment 13 October 24, 2023 Page 2 While a more onerous standard is set for citizen -proposed voter initiatives, the process for legislative initiated constitutional amendments does not have the same requirements. ACA 13 therefore creates inequities on the voting threshold burden for taxes, contingent on the body proposing the tax. This amendment would essentially make it easier to raise taxes because it would be more difficult, if not impossible, to pass amendments to the California Constitution that limit the ability to raise taxes. If adopted, Resolution No. 2023-61 would convey the City Council's formal opposition to ACA 13, because it increases the voter approval requirement for those citizen -proposed ballot initiatives that have the effect of limiting the ability to raise taxes. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2023-61 5-2 ATTACHMENT A RESOLUTION NO. 2023- 61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, OPPOSING ASSEMBLY CONSTITUTIONAL AMENDMENT 13 (VOTING THRESHOLDS) WHEREAS, since the adoption of the California Constitution in 1849, there has never been different thresholds for the approval of constitutional amendments based on the content of the amendment; WHEREAS, Assembly Constitutional Amendment 13 ("ACA 13") proposes to change the California Constitution to impose a higher vote threshold for certain types of amendments to the California Constitution proposed by citizens via a ballot initiative; WHEREAS, ACA 13 raises the voter approval requirement for those citizen - proposed ballot initiatives, making it more difficult to pass amendments to the California Constitution that would limit the ability to increase taxes; WHEREAS, ACA 13 is one sided because it places more stringent requirements for amendments to the California Constitution that have the effect of limiting the ability to raise taxes without imposing the same requirements on the legislature; WHEREAS, ACA 13 would prevent citizens from utilizing the initiative process to limit tax increases; WHEREAS, in 1978, California voters adopted Proposition 13 ("Proposition 13") to provide a check on local governments' taxing authority and to ensure a greater representative voice for those who would be taxed; WHEREAS, the City Council for the City of Newport Beach is dedicated to limiting the cost of government on the taxpayers of Newport Beach, and protecting the residents and businesses of Newport Beach from onerous fiscal actions by other levels of government which may impair our ability to protect our quality of life; and WHEREAS, the City Council opposes actions that would change or weaken the protections enshrined by Proposition 13. 5-3 Resolution No. 2023- Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby oppose Assembly Constitutional Amendment 13 because it increases the voter approval requirement for those citizen - proposed ballot initiatives that have the effect of limiting the ability to raise taxes, thereby weakening the protections safeguarded by Proposition 13. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 5-4 Resolution No. 2023- Page 3 of 3 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 24th day of October, 2023. NOAH BLOM Mayor Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aarbn C. Harp City Attorney 5-5