HomeMy WebLinkAbout2023-60 - Opposing Assembly Constitutional Amendment 1RESOLUTION NO. 2023-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, OPPOSING
ASSEMBLY CONSTITUTIONAL AMENDMENT 1
WHEREAS, in 1978, California voters amended the California Constitution by
passing Proposition 13 ("Proposition 13"), an initiative prohibiting the ad valorem tax rate
on real property from exceeding one percent (1 %) of the full cash value of the property,
subject to certain exceptions;
WHEREAS, Proposition 13 additionally prohibited any city, county, or special
district from imposing a special tax unless imposed by a two thirds (2/3) supermajority
vote of the voters in that jurisdiction, subject to certain exceptions;
WHEREAS, proposed Assembly Constitutional Amendment 1 ("ACA 1") would
amend the California Constitution to create additional exceptions to Proposition 13 by
lowering the two thirds supermajority voter threshold to only fifty-five percent (55%) for
local jurisdictions to levy an ad valorem tax on real property to pay for bonds issued by
the local jurisdiction to fund public infrastructure, affordable housing, downpayment
assistance, and permanent supportive housing for persons at risk of chronic
homelessness, or the acquisition or lease of real property for such purposes;
WHEREAS, chipping away at the protections of Proposition 13 results in overall
higher taxes and increases the already onerous tax burden on Californians, and runs
counter to conserving economic opportunity in California; and
WHEREAS, the City of Newport Beach opposes ACA 1 due to the additional
exceptions it would create to the taxpayer protections enshrined in the California
Constitution by Proposition 13.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby formally opposes Assembly Constitutional
Amendment 1 and reaffirms its commitment to protecting taxpayers.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2023-60
Page 2 of 2
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.
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 24 day of October, 2023.
APPKUVED A5 TO FUKM:
CITY TTORNEY'S OFFI E
Aaron C. Harp
City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2023-60 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 24th day of October, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Councilmember Robyn Grant,
Councilmember Lauren Kleiman, Councilmember Joe Stapleton, Councilmember
Erik Weigand
NAYS: None
ABSENT: Councilmember Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25th day of October, 2023.
"-,
Leilani I. rown
City Clerk
Newport Beach, California
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