October 22, 2018
Honorable Esmeralda Soria, President
Fresno City Council
2600 P Street
Fresno, California 93721
RE:
Lance H. Olson
Richard C. Miadich
Richard R. Rios
Lacey E. Keys
Bruce J. Hagel
of counsel
Diane M. Fishburn (Ret.)
Deborah B. Caplan
of counsel
Christopher W. Waddell
Betty Ann Downing
Emily A. Andrews
Erika M. Boyd
Kelly Liang
Varoon Modak
Northern California
555 Capitol Mall
Suite 400
Sacramento, CA
95814-4602
Tel: (916) 442-2952
Fax: (916) 442-1280

Southern California
3605 Long Beach Blvd
Suite 426
Long Beach, CA
90807-6010
Tel: (562) 427-2100
Fax: (562) 427-2237

Fresno Clean and Safe Neighborhoods Parks Tax Initiative

Dear Council President Soria:
Our office represents the proponents of the Fresno Clean and Safe
Neighborhoods Parks Tax Initiative. As you know, on August 9, 2018, the City
Council voted to place this matter on the November 6, 2018 General Election
ballot and to consolidate the election on this measure with other elections being
held on that date. When the Council took this action, it approved a supplemental
resolution which had been updated August 6, 2018 to read:
Section 3. The question to be submitted to the voters with respect to the
ballot measure shall be printed on the election ballot in the form set forth
as follows:
APPROVAL OF FRESNO CLEAN AND SAFE NEIGHBORHOOD
PARKS ORDINANCE. Shall the measure imposing a 3/8 percent sales
and use tax, estimated to generate $37.5 million annually for 30 years
improving park safety; improving accessibility for persons with
disabilities; updating and maintaining playgrounds and restrooms;
providing youth and veteran job training; improving after school, arts and
recreational programs; beautifying roadways; and creating parks and trails
in neighborhoods without access, with citizens oversight, be adopted?
If a city wishes to have a measure consolidated with other measures for
election, it is required to adopt a resolution that “[s]ets forth the exact form of the
question. . . as it is to appear on the ballot.” (Elections Code section 10403.) In
this case, however, apparently due to inadvertence, the foregoing question was
not transmitted to the County Registrar of Voters; rather, an earlier, unadopted
version was sent to the County Registrar. That erroneous version was then
printed in the ballot materials and will appear on the ballot in November.
While it appears to be too late to correct those materials, we are concerned
that the City’s failure to comply with Elections Code section 10403 could raise
uncertainty regarding the validity of the election. We are therefore asking the

www.olsonhagel.com

 Honorable Esmeralda Soria
October 22, 2018
Page 2
City to take two specific actions to mitigate the City’s error and provide voters with an accurate version
of the question approved by the City Council.
First, we have asked that a written communication be prepared and provided to all City voters
by mail that advises them of the accurate ballot question. Second, we ask that the City formally request
the County to make copies of the same informational communication to voters when they check in at
their local precinct to vote on Election Day. In the event that the County declines this request, we ask
the City to authorize litigation under Elections Code section 13314 (or support litigation initiated by
proponents) to have this information provided to voters. Section 13314 allows an emergency writ to be
filed where an “error or omission” is about to occur in the county voter information guide or any other
official matter, or if a “neglect of duty” is about to occur.
We believe that the current circumstances satisfy both aspects of section 13314. The voter
information guide and ballot will contain erroneous information, and the transmission of the wrong
language may qualify as a “neglect of duty.” Section 13314 also requires that any court action “not
substantially interfere with the conduct of the election.” Here, we do not believe that simply making
accurate information to voters available at their polling place will in any way interfere with the conduct
of the election.
The Council’s immediate attention to these two requests is critical to correcting a clear error
that has occurred with respect to the conduct of the election. We trust the City will move expeditiously
in order to avoid any voter misinformation and to mitigate this unfortunate set of events.
Sincerely,
OLSON HAGEL & FISHBURN LLP

LANCE H. OLSON
LHO
Cc: Douglas Sloan, Fresno City Attorney