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Upland council adopts settled ballot label for Measure N after court challenge; vote unanimous
Summary
The Upland City Council voted unanimously Aug. 29 to adopt settlement language revising the ballot label for Measure N, allowing a 1% sales tax measure estimated to generate about $20 million annually to appear on the ballot; council members said they will return in September to clarify prioritization of funds.
The Upland City Council unanimously adopted a resolution on Aug. 29 to revise the ballot label for Measure N, the proposed 1% sales tax measure, after the city settled a lawsuit challenging the ballot language.
Assistant City Manager Steven Parker told the council the city was served on Aug. 19 with a petition for a writ of mandate and injunctive relief that alleged defects in the ballot label. Parker said the settled language sets the title as "City of Upland 1% sales tax for general city services" and describes the measure as establishing a 1% retail transactions and use sales tax "generating approximately $20,000,000 annually until ended by voters for general city services such as the improvement and maintenance of infrastructure and provision of public safety services." "In order to ensure that the voters are given the chance to decide on Measure N, it's recommended that city council adopt the resolution with the revised ballot language as settled on by the plaintiff and city," Parker said.
Council Member Zuniga moved to adopt the resolution and Councilmember Garcia seconded. The measure passed by unanimous vote. The council did not attach a specific ordinance or appropriation to the ballot label at this meeting; Parker and council members said the council will be asked in September to affirm priorities for any Measure N revenues if voters approve the measure.
Council members asked for clarity about what the term "public safety" will include in spending plans. Parker said an earlier council resolution laid out general priorities and that council would return to the question of prioritization and programmatic details in a future meeting. The council scheduled follow-up action to consider and clarify funding priorities for public safety and infrastructure should Measure N be adopted by voters.
The resolution adopted at the special meeting implements the settlement language for presentation to voters; the court petition and settlement were described on the record by the assistant city manager.
