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File #: 20-1760 MEETING DATE: 7/20/2020
Submitted by Mayor Semeta - Consideration of a Prohibition on the City's use of Public Funds
for any Tax Measure Advocacy
After assessing the situation, I believe that Huntington Beach should enact safeguards to prevent the
use of public funds to advocate for a tax measure under the guise of information or education. I am
requesting that the City Council vote to direct the City Attorney to prepare a resolution to prohibit the
City's use of public funds for informational or educational campaigns regarding any local tax
measure. The resolution should be placed on a future City Council meeting agendafor consideration
within 30 days.
City of Huntington Beach Page 1 of 1 Printed on 7/17/2020
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING-COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR PRO TEM AND CITY COUNCIL MEMBERS
FROM: LYN SEMETA, MAYOR a�
DATE: JULY 20, 2020
SUBJECT: CONSIDERATION OF A PROHIBITION ON THE CITY'S USE OF PUBLIC FUNDS FOR
ANY TAX MEASURE ADVOCACY
BACKGROUND:
Current State law prohibits public agencies from using public funds to advocate for or against
ballot measures including local tax measures, due to concerns that these efforts will unduly
influence voters and undermine the democratic electoral process. In April 2009, the California
Supreme Court in Vargas v. City of Salinas reaffirmed the law that public agencies may educate
or provide information to voters, so long as public agencies did not authorize the expenditure of
any of the funds of the local agency to support or oppose the approval or rejection of a ballot
measure.
Some have expressed concern that public agencies may misinterpret the law and spend public
funds to hire consultants who may say they are providing information or education to the voters
but are really portraying tax measures in a way to obtain voter approval. Whether the consultant
is conducting early polling to understand voter opinion, or developing marketing campaigns,
disguised as informational or factual analysis, there are concerns that consultants or staff blur the
line between education and advocacy.
In March 2018, the City of Newport Beach approved a Prohibition on Tax Measure Advocacy
that prevents the use of public funds for "public education, public opinion polling, studies, or
written or verbal communications regarding tax measures." The measure does permit staff to
respond to questions about the fiscal impact of any type of measure.
RECOMMENDED ACTION:
After assessing the situation, I believe that Huntington Beach should enact safeguards to prevent
the use of public funds to advocate for a tax measure under the guise of information or education.
I am requesting that the City Council vote to direct the City Attorney to prepare a resolution to
prohibit the City's use of public funds for informational or educational campaigns regarding any
local tax measure. The resolution should be placed on a future City Council meeting agenda for
consideration within 30 days.
Switzer, Donna
From: Dan Jamieson <broker advocate@hotmail.com>
Sent: Monday, July 20, 2020 11:41 AM
To: supplementalcomm@surfcity-hb.org
Subject: Vote NO on Item 22 of the July 20, 2020 City Council agenda
Dear Council:
Please vote no on Item 22 of the July 20, 2020 City Council agenda, "a Consideration of a Prohibition on the
City's use of Public Funds for any Tax Measure Advocacy."
As the item itself notes, state law already bans public agencies from using public funds to advocate for or
against ballot measures, including tax measures. So taxpayers are already protected from government
overreach into the ballot process.
What this resolution apparently seeks, though, is a wholesale restriction on how the City could communicate
to residents about "any tax measure," not just ballot measures.
Precisely what the city attorney would be instructed to do is unclear. The proposed resolution would prohibit
using public funds "for informational or educational campaigns regarding any local tax measure." So, what is a
tax measure? Would it be a proposal to tax short-term rentals? Sharing tax receipts with influential local
businesses? What exactly would an "informational" or "educational" campaign be? Who would make that
determination? If the city attorney apes the Newport Beach resolution, HB citizens would no longer be
provided with City-funded "public education, public opinion polling, studies, or written or verbal
communication regarding tax measures." Only if residents specifically ask will we be told anything about what
our tax options might be. Would we then be given only privately funded information, which may have hidden
agendas?
While I am no legal expert, such an overreaching and vague restriction on communication to City residents
would seem to be unconstitutional. Citizens should not be starved for accurate, unbiased advice from public
servants and hired experts about tax policies. If there is indeed an issue with tax information provided by City
staff, the Council is always free to ignore it or direct the City Manager to address the issue.
Please vote no on Item 22.
Sincerely,
Dan Jamieson SUPPLEMENTAL
Huntington Beach COMMUNICATION
### medng Date:
Agenda Item N0, �•� l °�� ' �����
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Switzer, Donna
From: Fikes, Cathy
Sent: Thursday, July 16, 2020 11:26 AM
To: Agenda Alerts
Subject: FW: Item 20 July 20, 2020 supplemental communication
From: pacj<pacj_03@yahoo.com>
Sent:Wednesday,July 15, 2020 10:33 PM
To: Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>; CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Item 20 July 20, 2020 supplemental communication
Dear Mayor Semeta and council members:
Please provide more details on this item.
It sounds like you want to prohibit formal City advocacy(through public funds)on any proposed tax measure. So that if the council at
some time in the future were to propose a tax hike, it would be prohibited from campaigning in support of that tax hike.
On the surface this does not make sense to me. Is the Council at this time,or post November election, considering a tax hike for voter
approval to cover anticipated budget shortfalls? Why is this item being suggested now? What prompted it? Please elaborate.
Thank you.
Pat Quintana
SUPPLEMENTAL
COMMUNICATION
Meeting Deft: Z'/•20 zo
Agenda Item No.•
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Switzer, Donna
From: Lisa Bertolini <lisa422@gmail.com>
Sent: Monday,July 20, 2020 4:20 PM
To: supplementalcomm@surfcity-hb.org
Subject: Agenda items 22 &23
I support item 22 om Mayor Semeta that we NOT use funds for tax propaganda.nI also DO support
agenda item 23 by Erik Peterson to create a temporary 40+ bed shelter.
Lisa
Lisa Bertolini
714-864-7015
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