Tax Billboard Act to Appear on March Ballot

In spite of expressing concerns about the Tax Billboard Act and originally choosing not to include the measure on the ballot, the adopted resolutions Friday to place it on the March ballot for the general municipal election next year. 

This comes after a judge issued a writ instructing West Hollywood's city clerk to include the measure on the ballot. 

"I don't think we want to make the motion, but I think the court has ordered us to," Councilwoman  said at the special council meeting Friday. "I reluctantly support this motion because we've been basically ordered by the court to put this on the ballot. I have great reluctance  in doing it because I think the initiative is flawed and illegal."  

The ordinance would impose a tax on revenues from the lease, rental and sale of off-site advertising signs and allow tall wall advertising signs to be placed on buildings on Santa Monica and Beverly boulevards.

In September, the proponents of the Tax Billboard Act initiative gathered 2,744  enough to qualify for the March ballot.

When the council considered the matter at its  meeting, it "elected not to put the initiative on the ballot on the grounds that the initiative was likely illegal on several grounds," said , city attorney for West Hollywood. 

Shortly after that determination a lawsuit was filed (Heidy vs. City of West Hollywood) and was assigned to Superior Court Judge Ann Jones. On Dec. 8, Jones directing the city clerk to place the Tax Billboard Act on the March 8 ballot.

"Judge Jones deferred making a determination or a final determination on the validity of the city's arguments," said Jenkins. "She specifically, simply ruled that in her view the case did not qualify for pre-election review where the standard requires a compelling or very clear showing of invalidity."

The council had to adopt a resolution that places the measure on the ballot and sets forth the question that will appear in both the sample ballot and at the polls. 

The second resolution focused on arguments and gives the council priority if it elects to file an argument. 

"You have to decide if you want to exercise that priority, either all of you as a body, or some of you to file an argument in opposition to the measure," said Jenkins. 

The argument requires five signatures and is due by Dec. 24. If all members of the council agree to oppose the measure, they can sign the argument against the Tax Billboard Act as a body with a signature of "West Hollywood City Council." 

Jenkins pointed out that the arguments in opposition doesn't have to come from the entire council as a body and said the signatures in opposition could be filed by other people. Jenkins said the same would hold true for anyone filing the rebuttal. 

"I myself don't have a position on the measure, either in favor or opposed to it," said Mayor Pro Tem . 

Council members Land and  said they are opposed to the Tax Billboard Act. Mayor  was not present at the meeting because he was out of town. Councilwoman  didn't express a position on the initiative. 

"I would be delighted to write my name in opposition," said Prang, who has also said the initiative contains "" type language. "I certainly can't speak for John Heilman since he's not here, but I think he'll feel very comfortable including him and giving him that opportunity to withdraw."

The last resolution the council had to consider was whether to allow the option to file rebuttal arguments.  

"If you don't adopt this resolution then there will simply be an argument for and an argument against and no rebuttals," said Jenkins. "It's up to you if you wish to control the message so to speak in the ballot pamphlet."

Land expressed support for rebuttals because "it gives both sides and helps clarify things for the voters, sometimes it doesn't, but I think it's important to do so."

Prang and Land voted in favor of allowing rebuttals. 

If you'd like to learn more about the Tax Billboard Act, . You can read the initiative here.