City of Culver City, California
Agenda Item Report
Meeting Date: 12/14/09 Item Number: J-3
JOINT CITY COUNCIL REDEVELOPMENT AGENCY AGENDA ITEM: Adoption of
Respective Resolutions Endorsing the Local Taxpayer, Public Safety and
Transportation Protection Act of 2010, a Proposed Constitutional Amendment for
Potential Placement on California’s November 2010 Statewide Ballot.
Contact Person/Dept.: Shelly Wolfberg/
City Manager’s Office
Phone Number: (310) 253-6008
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: Teresa Acosta, League of California Cities (12/03/09); Meetings and
Agendas – City Council (12/09/09)
Department Approval:
Martin R. Cole (12/10/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (12/10/09)
Chief Financial Officer Approval:
Mark Scott (by N. Kimball) (12/10/09)
City Manager Approval:
Mark Scott (12/10/09)
RECOMMENDATION:
Staff recommends the City Council and Redevelopment Agency Board adoption
respective Resolutions in support of the Local Taxpayers, Public Safety and
Transportation Protection Act proposed to be considered by the voters on the
November 2010 ballot (Attachment 1).
BACKGROUND/DISCUSSION:
Californians to Protect Local Taxpayers and Vital Services is a coalition of local
governments, transportation advocates, business, labor, public safety and others
with major funding from the League of California Cities (using non-public funds).
This coalition is working to place the Local Taxpayers, Public Safety and
Transportation Protection Act on the November 2010 ballot. This measure would
amend various sections of the California Constitution.
The purpose of this measure, as found in the Initiative Text (Attachment 2), is to
“conclusively prohibit the State from seizing, diverting, shifting, borrowing,
transferring, suspending or otherwise taking or interfering with revenues that are
dedicated to funding services provided by local government or funds dedicated to
transportation improvement projects and services.” City of Culver City, California
Agenda Item Report
The ballot initiative that was filed by the growing coalition working to protect local
revenues and local services would:
• Prohibit the state from taking, borrowing or redirecting local taxpayer funds
dedicated to public safety, emergency response and other vital local
government services (including redevelopment); and,
• Close loopholes to prevent the taking of local taxpayer funds currently
dedicated to cities, counties and special districts; and,
• Revoke the state's authority to borrow local government property tax funds or
divert local redevelopment funds; and,
• Protect vital, dedicated transportation and public transit funds from state
raids; and,
• Prevent state borrowing, taking or redirecting of the state sales tax on
gasoline (Prop.42 funds) and Highway User Tax on gasoline (HUTA) funds
that are dedicated to transportation maintenance and improvements; and,
• Prevent the state from redirecting or taking public transit funds.
Filing the measure with the Attorney General's office was the first step in a process
of qualifying a measure for the November 2010 ballot and securing voter approval.
The coalition is in the process of collecting the approximately 1 million signatures
needed to qualify for the November 2010 ballot.
The City Council is presented with an opportunity to support the attached
Resolution. Supporting the Resolution would be consistent with the Council-adopted
Legislative Advocacy Program. On September 27, 2004, the City Council
considered and adopted a Resolution supporting Proposition 1A, the Satewide Ballot
Initiative preventing the state from taking local government revenues. On
September 25, 2006, the City Council adopted a Resolution supporting Propositions
1A, 1B, 1C, 1D, 1E, and 84 on the November 2006 Ballot. The local government
revenue protection measure in 2004 (Prop 1A) and the transportation revenue
protection measure in 2006 (Prop 1A) included provisions that allow the state to
borrow these funds during fiscal emergencies. However, after several budget
cycles, it has become apparent that these borrowing provisions are negatively
impacting local governments and transportation services and becoming a budgeting
mechanism for the State. Because the state has had the authority to borrow local
government and transportation funds, it has created uncertainty for local
governments such as Culver City to balance its budget.
FISCAL ANALYSIS:
There would be no fiscal impacts associated with adopting the Resolution.
NOTE: In FY 2009-10, the State is borrowing $858,000 from the City’s General Fund
and taking $10.9 million from the Redevelopment Agency, which is being challenged City of Culver City, California
Agenda Item Report
in court by the California Redevelopment Association. The City is participating in a
securitization program so there will be no service impact resulting from the $858,000
Prop 1A loan to the State. However, pending the outcome of current litigation, the
Culver City Redevelopment Agency may lose $10.9 million, which will have a
significant impact on the Agencies financial resources available to address blight in
the City.
ATTACHMENTS:
1. Proposed Resolutions.
2. Initiative Text
MOTION:
That both the City Council and Redevelopment Agency Board:
1A. Adopt respective Resolutions supporting the Local Taxpayers, Public
Safety and Transportation Protection Act on the November 2010 ballot;
OR
1B. Provide other direction to staff as deemed necessary.
MEETING DATE: December 14, 2009
Adoption of Respective Resolutions Endorsing the
Local Taxpayer, Public Safety and Transportation
Protection Act of 2010, a Proposed Constitutional
Amendment for Potential Placement on California's
November 2010 Statewide Ballot.
AGENDA ITEM:
ATTACHMENTS
Pages
RESOLUTIONS OF THE OF THE CULVER CITY CITY 1-6
COUNCIL AND REDEVELOPMENT AGENCY IN
SUPPORT OF THE LOCAL TAXPAYER, PUBLIC
SAFETY AND TRANSPORTATION PROTECTION ACT
OF 2010.RESOLUTION NO. 2009-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, IN SUPPORT OF THE
LOCAL TAXPAYER, PUBLIC SAFETY AND
TRANSPORTATION PROTECTION ACT OF 2010.
WHEREAS, California voters have repeatedly and overwhelmingly passed
separate ballot measures to stop State raids of local government funds, and to dedicate
the taxes on gasoline to fund local and state transportation improvement projects; and
WHEREAS, these local government funds are critical to provide the police
and fire, emergency response, parks, libraries, and other vital local services that residents
rely upon every day, and gas tax funds are vital to maintain and improve local streets and
roads, to make road safety improvements, relieve traffic congestion, and provide mass
transit; and
WHEREAS, despite the fact that voters have repeatedly passed measures to
prevent the State from taking these revenues dedicated to funding local government
services and transportation improvement projects, the State Legislature has seized and
borrowed billions of dollars in local government and transportation funds in the past few
years; and
WHEREAS, this year's borrowing and raids of local government,
redevelopment and transit funds, as well as previous, ongoing raids of local government
and transportation funds have lead to severe consequences, such as layoffs of police, fire
and paramedic first responders, fire station closures, stalled economic development,
healthcare cutbacks, delays in road safety improvements, public transit fare increases and
cutbacks in public transit services; and
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WHEREAS, State politicians in Sacramento have continued to ignore the will
of the voters, and current law provides no penalties when state politicians take or borrow
these locally-dedicated funds; and
WHEREAS, a coalition of local government, transportation and transit
advocates recently filed a constitutional amendment with the California Attorney General,
called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, for
potential placement on California's November 2010 statewide ballot; and
WHEREAS, approval of this ballot initiative would close loopholes and
change the constitution to further prevent State politicians in Sacramento from seizing,
diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with
tax revenues dedicated to funding local government services, including redevelopment, or
• dedicated to transportation improvement projects and mass transit
NOW, THEREFORE, the City Council of the City of Culver City, DOES
HEREBY RESOLVE as follows:
1. The City Council of the City of Culver City formally endorses the Local
Taxpayer, Public Safety and Transportation Protection Act of 2010, a proposed
constitutional amendment,
2. The City Council hereby authorizes the listing of Culver City in support
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28of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010 and
instructs staff to fax a copy of this Resolution to campaign offices at 916.442.3510.
APPROVED and ADOPTED this day of , 2009.
ANDREW WEISSMAN, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
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MARTIN R. COLE, City Clerk
A09-00418AGENCY RESOLUTION NO. 2009-
A RESOLUTION OF THE OF THE CULVER CITY
REDEVELOPMENT AGENCY IN SUPPORT OF THE
LOCAL TAXPAYER, PUBLIC SAFETY AND
TRANSPORTATION PROTECTION ACT OF 2010.
WHEREAS, California voters have repeatedly and overwhelmingly passed
separate ballot measures to stop State raids of local government funds, and to dedicate
the taxes on gasoline to fund local and state transportation improvement projects; and
WHEREAS, these local government funds are critical to provide the police
and fire, emergency response, parks, libraries, and other vital local services that residents
rely upon every day, and gas tax funds are vital to maintain and improve local streets and
roads, to make road safety improvements, relieve traffic congestion, and provide mass
transit; and
WHEREAS, despite the fact that voters have repeatedly passed measures to
prevent the State from taking these revenues dedicated to funding local government
services and transportation improvement projects, the State Legislature has seized and
borrowed billions of dollars in local government and transportation funds in the past few
years; and
WHEREAS, this year's borrowing and raids of local government,
redevelopment and transit funds, as well as previous, ongoing raids of local government
and transportation funds have lead to severe consequences, such as layoffs of police, fire
and paramedic first responders, fire station closures, stalled economic development,
healthcare cutbacks, delays in road safety improvements, public transit fare increases and
cutbacks in public transit services; and
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28WHEREAS, State politicians in Sacramento have continued to ignore the will
of the voters, and current law provides no penalties when state politicians take or borrow
these locally-dedicated funds; and
WHEREAS, a coalition of local government, transportation and transit
advocates recently filed a constitutional amendment with the California Attorney General,
called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, for
potential placement on California's November 2010 statewide ballot; and
WHEREAS, approval of this ballot initiative would close loopholes and
change the constitution to further prevent State politicians in Sacramento from seizing,
diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with
tax revenues dedicated to funding local government services, including redevelopment, or
dedicated to transportation improvement projects and mass transit.
NOW, THEREFORE, the Culver City Redevelopment Agency DOES
HEREBY RESOLVE as follows:
1. The Agency formally endorses the Local Taxpayer, Public Safety and
Transportation Protection Act of 2010, a proposed constitutional amendment.
2. The Agency hereby authorizes the listing of the Culver City
Redevelopment Agency in support of the Local Taxpayer, Public Safety and Transportation
Protection Act of 2010 and instructs staff to fax a copy of this Resolution to campaign
offices at 916.442.3510.
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28APPROVED and ADOPTED this day of , 2009.
MICHEAL O'LEARY, CHAIR
Culver City Redevelopment Agency
ATTEST: APPROVED AS TO FORM:
ALICE PRASAD, Agency Secretary MURRAY 0. KANE, Agency General Counsel
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