City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council support AB 2321 (Feuer): Transportation
Funding: County of Los Angeles.
BACKGROUND:
Existing law authorizes the Los Angeles County Metropolitan Transportation
Authority (MTA) to impose, in addition to any other tax that it is authorized to impose,
a “transactions and use tax” at the rate of 0.5% for 6-1/2 years or less, for the
funding of specified transportation-related purposes designated as capital projects or
capital programs. Existing law conditions the imposition of a tax under this authority
upon voter approval as otherwise required by law. It also prohibits the MTA from
incurring bonded indebtedness payable from the tax proceeds to fund those projects
or programs or from substituting revenue from the tax proceeds for current funding
commitments to the projects or programs. Existing law requires the MTA to prepare
an expenditure plan prior to submitting the tax ordinance to voters, which plan
describes the projects and programs and their cost and funding sources. Existing
law also creates the Capital Project Development Fund, into which the tax revenue
is to be deposited, and makes those monies available for expenditure by the MTA to
fund the designated projects and programs.
AB 2321 (Attachment 1) would modify these provisions to require the MTA tax
ordinance to specify that the tax is to be imposed for a period not to exceed 30
years, and to require the MTA to include specified projects and programs in its Long
Range Transportation Plan. This bill would also authorize the MTA to incur bonded
indebtedness, as specified, and would make other related changes.
Meeting Date: 07/21/08 Item Number: A-2
AGENDA ITEM: Consideration of a Support Position on AB 2321 (Feuer):
Transportation Funding: County of Los Angeles.
Contact Person/Dept.: Shelly Wolfberg Phone Number: (310) 253-6008
Fiscal Impact: Yes [] No [x] General Fund: Yes [] No [x]
Public Hearing: [] Action Item: [x] Attachments: [X]
Public Notification:
Master E-Mail Notification List (07/16/08).
Department Approval:
Martin R. Cole (07/16/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/16/08)
Chief Financial Officer Approval:
Jeff Muir (07/16/08)
City Manager Approval:
Jerry B. Fulwood (07/16/08) City of Culver City, California
City Council Agenda Item Report
DISCUSSION:
It is estimated that AB 2321 would generate $20 billion over 20 years and $40 billion
over 30 years for capital projects and programs the region. The Westside Cities
Council of Governments (WSCCOG), of which Culver City is a Member, supports
the use of any transportation funding for the three Westside COG priority
transportation projects: 1) the Exposition Light Rail Project to Santa Monica; 2) the
Metro Red Line Subway Extension, and 3) the I-10 Robertson/National Area
Circulation Improvement Project. The WSCCOG is advocating these projects, and
there is particular interest to include the I-10 Robertson/National Area Circulation
Improvement Project which has yet to be a part of the list of priority projects in
MTA’s Long Range Transportation Plan, which would serve as the MTA’s
Expenditure Plan.
The Westside with its congestion and multiple employment, educational and activity
centers currently has no rail service at all. The Westside is also the second largest
employment center in the region with nearly 500,000 jobs and is home to some of
the worst traffic congestion in the United States-with insufficient transit opportunities
and funding to implement transportation projects to address these issues.
The City Council is being asked to consider a support position on AB 2321. AB
2321 would authorize the Board of Supervisors to place a ½ cent transactions and
use tax in excess of 6½ years (to a maximum of 30 years) on the November, 2008
ballot. If the City Council decides to support AB 2321, staff would prepare
necessary position letters for the Mayor’s signature, and the Mayor or Members of
the City Council could speak in support of the bill. Further, our lobbyist, Joe A.
Gonsalves and Son would advocate on behalf of Culver City for this bill. The Cities
of West Hollywood, Beverly Hills, and Santa Monica have taken a formal position in
support of AB 2321. The City Council position in support of AB 2321 is consistent
with the City Council-Adopted Legislative Advocacy Program for 2008.
FISCAL ANALYSIS:
There is no Fiscal Impact to support AB 2321.
ATTACHMENTS:
1. AB 2321 (Feuer): Transportation Funding: County of Los Angeles.
MOTION: City of Culver City, California
City Council Agenda Item Report
That the City Council:
1. (Staff recommendation) Support AB 2321 and direct staff to advocate the
City Council’s position; or
2. Provide other direction to staff as deemed appropriate.
MEETING DATE: July 21, 2008
AGENDA ITEM: Consideration of a Support Position on AB 2321
(Feuer): Transportation Funding: County of Los
Angeles.
ATTACHMENTS
Pages
AB 2321 (Feuer): Transportation Funding: County of Los
1-6
Angeles.AMENDED IN SENATE JULY 2, 2008
AMENDED IN ASSEMBLY MAY 28, 2008
AMENDED IN ASSEMBLY MAY 23, 2008
AMENDED IN ASSEMBLY APRIL 21, 2008
CALIFORNIA LEGISLATURE-2007-08 REGULAR SESSION
ASSEMBLY BILL
No. 2321
Introduced by Assembly Members Feuer, Levine, and Davis
February 21, 2008
An act to amend Section 130350.5 of the Public Utilities Code,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2321, as amended, Feuer. Transportation funding: County of
Los Angeles.
Existing law authorizes the Los Angeles County Metropolitan
Transportation Authority (MTA) to impose, in addition to any other
tax that it is authorized to impose, a transactions and use tax at the rate
of 0.5% for 6 14 years or less, for the funding of specified
transportation-related purposes designated as capital projects or capital
programs. Existing law conditions the imposition of a tax under this
authority upon voter approval as otherwise required by law. It also
prohibits the MTA from incurring bonded indebtedness payable from
the tax proceeds to fund those projects or programs or from substituting
revenue from the tax proceeds for current funding commitments to the
projects or programs. Existing law requires the MTA to prepare an
expenditure plan prior to submitting the tax ordinance to voters,
describing the projects and programs and their cost and funding sources.
95
IiAB 2321 —2 —
Existing law also creates the Capital Project Development Fund, into
which the tax revenue is to be deposited, and makes those moneys
available for expenditure by the MTA to fund the designated projects
and programs.
This bill would modify these provisions to require the MTA tax
ordinance to specify that the tax is to be imposed for a period not to
exceed 30 years, and to require the MTA to include specified projects
and programs in its Long Range Transportation Plan. This bill would
also authorize the MTA to incur bonded indebtedness, as specified, and
would make other related changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
SECTION 1. Section 130350.5 of the Public Utilities Code is
2 amended to read:|109| 130350.5. (a) In addition to any other tax that it is authorized
4 by law to impose, the Los Angeles County Metropolitan
5 Transportation Authority (MTA) may impose, in compliance with
6 subdivision (b), a transactions and use tax at a rate of 0.5 percent
7 that is applicable in the incorporated and unincorporated areas of
8 the county|10 9| (b) For purposes of the taxing authority set forth in subdivision
10 (a), all of the following apply:
11 (1) The tax shall be proposed in a transactions and use tax
12 ordinance, that conforms with Chapter 2 (commencing with Section
13 7261) to Chapter 4 (commencing with Section 7275), inclusive,
14 of the Transactions and Use Tax Law (Part 1.6 (commencing with
15 Section 7251) of Division 2 of the Revenue and Taxation Code),
16 and that is approved by a majority of the entire membership of the
17 authority.
18 (2) The tax may be imposed only if the proposing ordinance is
19 approved by two-thirds of the voters in the manner as otherwise
20 required by law and, if so approved, shall become operative as
21 provided in Section 130352.
22 (3) The proposing ordinance shall specify, in addition to the
23 rate of tax and other matters as required by the Transactions and
24 Use Tax Law, that the tax is to be imposed for a period not to
25 exceed 30 years and that the revenues derived from the tax, net of
95-3 — AB 2321
I refunds and costs of administration, are to be administered by the
2 MTA as provided in this section. The MTA shall, during the period
3 the ordinance is operative, allocate 20 percent of all revenues
4 derived from the tax for bus--operatiofts operations to all eligible
5 and included municipal transit operators in the County of Los
6 Angeles and to the MTA, in accordance with Section 99285, and
7 shall allocate 5 percent of all revenues derived from the tax for
8 rail operations. The MTA shall include the projects and programs
9 described in subparagraphs (A) and (B) in its Long Range
0 Transportation Plan (LRTP). The funding amounts specified in
11 subparagraphs (A) and (B) are minimum amounts that shall be
12 allocated by the MTA from the revenues derived from a tax
13 imposed pursuant to this section. Nothing in this section prohibits
14 the MTA from allocating additional revenues derived from the tax
15 to these projects. The projects and programs described in
16 subparagraphs (A) and (B) shall be given the highest priority in
17 the LRTP for funding from the revenues derived from a tax
18 imposed pursuant to this section.
19 (A) Capital Projects.
20 (i) Exposition Boulevard Light Rail Transit Project from
21 downtown Los Angeles to Santa Monica. The sum of nine hundred
22 twenty-five million dollars ($925,000,000).
23 (ii) Crenshaw Transit Corridor from Wilshire Boulevard to Los
24 Angeles International Airport along Crenshaw Boulevard. The
25 sum of two hundred thirty-five million five hundred thousand
26 dollars ($235,500,000).
27 (iii) San Fernando Valley North-South Rapidways. The sum of
28 one hundred million five hundred thousand dollars ($100,500,000).
29 (iv) Metro Gold Line (Pasadena to Duartc) Azusa) Light Rail
30 Transit Extension. The sum of three hundred twenty-eight million
31 dollars ($328,000,000).
32 (v) Metro Regional Connector. The sum of one hundred sixty
33 million dollars ($160,000,000).
34 (vi) Metro Westside Subway Extension. The sum of nine
35 hundred million dollars ($900,000,000).
36 (vii) State Highway Route 5 Carmenita Road Interchange
37 Improvement. The sum of one hundred thirty-eight million dollars
38 ($138,000,000).
39 (viii) State Highway Route 5 Capacity Enhancement (State
40 Highway Route 134 to State Highway Route 170, including access
95 AB 2321 —4-
I improvement for Empire Avenue). The sum of two hundred
2 seventy-one million five hundred thousand dollars ($271,500,000).
3 (ix) State Highway Route 5 Capacity Enhancement (State
4 Highway Route 605 to the Orange County line, including
5 improvements to the Valley View Interchange). The sum of two
6 hundred sixty-four million eight hundred thousand dollars
7 ($264,800,000).
8 (x) State Highway Route 5/State Highway Route 14 Capacity
9 Enhancement. The sum of ninety million eight hundred thousand
10 dollars ($90,800,000).
11 (xi) Capital Project Contingency Fund. The sum of one hundred
12 seventy-three million dollars ($173,000,000).
13 (B) Capital Programs.
14 (i) Alameda Corridor East Grade Separations. The sum of two
15 hundred million dollars ($200,000,000).
16 (ii) MTA and Municipal Regional Clean Fuel Bus Capital
17 (Facilities and Rolling Stock). The sum of one hundred fifty million
18 dollars ($150,000,000).
19 (iii) Countywide Soundwall Construction (MTA Regional List
20 and Monterey Park/State Highway Route 60). The sum of two
21 hundred fifty million dollars ($250,000,000).
22 (iv) Local return for major street resurfacing, rehabilitation, and
23 reconstruction_ The sum of two hundred fifty million dollars
24 ($250,000,000).
25 (v) Metrolink Capital Improvements. The sum of seventy million
26 dollars ($70,000,000).
27 (vi) Eastside Light Rail Access. The sum of thirty million dollars
28 ($30,000,000).
29 (vii) Capital Program administration. The sum of ten million
30 dollars (10,000,000). The MTA shall use these funds for the
31 administration of the Capital Program.
32 (c) The MTA may incur bonded indebtedness payable from the
33 proceeds of the tax provided by this section for the funding of the
34 projects and programs specified in this section. The MTA shall
35 not loan money from the proceeds to other projects or programs
36 in advance of completing the projects and programs in
37 subparagraphs (A) and (B) of paragraph (3) of subdivision (b).
38 The MTA shall complete all projects and programs in
39 subparagraphs (A) and (B) of paragraph (3) of subdivision (b) as
40 a condition of the use and expenditure of the proceeds of the tax.
95-5— AB 2321
1 The MTA shall maintain the current amount of any funding for
2 the projects and programs specified in this section received from
3 sources other than the proceeds of the tax, and may not reallocate
4 money that is already allocated for those projects and programs to
5 other projects or uses.
6 (d) Notwithstanding Section 7251.1 of the Revenue and Taxation
7 Code, the tax rate authorized by this section may not be considered
8 for purposes of the combined rate limit established by that section.
9 (e) A jurisdiction or recipient is eligible to receive funds from
10 the local return program, described in clause (iv) of subparagraph
11 (B) of paragraph (3) of subdivision (b), only if it continues to
12 contribute to that program an amount that is equal to its existing
13 commitment of local funds or other available funds. The MTA
14 may develop guidelines which, at a minimum, specify maintenance
15 of effort requirements for the local return program, matching funds,
16 and administrative requirements for the recipients of revenue
17 derived from the tax.
18 (f) Prior to submitting the ordinance to the voters, the MTA
19 shall adopt an expenditure plan for the revenues derived from the
20 tax. The expenditure plan shall describe the specified projects and
21 programs listed in paragraph (3) of subdivision (b), the estimated
22 total cost for each project and program, funds other than the tax
23 revenues that the MTA anticipates will be expended on the projects
24 and programs, and the schedule during which the MTA anticipates
25 funds will be available for each project and program. The MTA
26 shall also identify in its expenditure plan the expected completion
27 dates for each project described in subparagraph (A) of paragraph
28 (3) of subdivision (b). To be eligible to receive revenues derived
29 from the tax, an agency sponsoring a capital project or capital
30 program shall submit to the MTA an expenditure plan for its project
31 or program containing the same elements as the expenditure plan
32 that MTA is required by this subdivision to prepare.
33 (g) The MTA shall establish and administer a Capital Project
34 Development Fund. The revenue derived from the tax shall be
35 deposited into this fund. The moneys in the fund shall be available
36 to the MTA to meet expenditure and cashflow needs of the capital
37 projects and capital programs described in subparagraphs (A) and
38 (B) of paragraph (3) of subdivision (b). In the event that there are
39 tax revenues in excess of the necessary amounts as set forth in the
40 expenditure plan to complete the projects and programs described
95AB 2321 —6-
1 in subparagraphs (A) and (B) of paragraph (3) of subdivision (b),
2 the excess revenues may simultaneously be used to complete other
3 projects and programs in the LRTP, including the replacement of
4 federal or state funds if the amount of those federal or state funds
5 received by the MTA is less than anticipated in the expenditure
6 plan_|109| (h) If other funds become available and are allocated to complete
8 capital projects or capital programs, as described in subparagraphs
9 (A) and (B) of paragraph (3) of subdivision (b), the MTA may
10 expend the surplus tax revenue on its next highest priority projects
11 in the LRTP.
12 (1) (1) Notwithstanding subdivision (h), f a capital project or
13 capital program, as described in subparagraphs (A) and (B) of
14 paragraph (3) of subdivision (b), has been fully fundedfrom other
15 sources on or before December 31, 2008, the funds designated to
16 the project or program in subparagraphs (A) and (B) ofparagraph
17 (3) of subdivision (b) shall remain in the subregion in which the
18 project or program is located and shall be allocated to other
19 projects or programs in the subregion.
20 (2) A capital project or capital program funded with reallocated
21 funds pursuant to paragraph (1) shall be included in the adopted
22 2008 Long Range Transportation Plan or the successor plan and
23 shall be of regional significance.
24 SEC. 2. The Legislature finds and declares that the tax authority
25 set forth in Section 130350.5 of the Public Utilities Code, as
26 amended by this act, is intended to provide those funds necessary
27 to complete the capital projects and capital programs described in
28 that section, and that the expenditure plan required by that section
29 is intended to be structured to provide appropriate funding
30 guarantees for the completion of each described project or program.|10 10|95