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SR-100-002 (22) Council Meeting: June 15, 2004 Santa Monica, CA TO: Mayor and City Council FROM: City Staff SUBJECT: Oppose Further State Attempts To Swap Sales Tax for Property Tax As Part of Restructuring the State Local Fiscal Relationship Introduction This report recommends that Council affirm opposition to State budget changes that limit local financial flexibility including proposals that swap local sales tax for property tax. Discussion The Santa Monica City Council has given staff broad authorization to oppose State budget changes that limit local financial flexibility, including fiscal policy guidelines adopted May 13, 2003. The debate on the 2004-05 State budget is beginning to pick up momentum, and in the next few weeks many, if not all, key decisions on the budget will likely be made. Central in this debate, from a local government perspective, is the consideration of a state and local government finance package. The League of California Cities and the Governor’s office have come to a proposed agreement that sets the parameters for a local government finance package. This package gives up $2.6 billion in local revenues over the next two years to help resolve the State budget deficit. In return, the opportunity is given to place on a statewide ballot 1 a proposal to constitutionally protect and stabilize local government revenues in future years that the Governor will support. This measure will be on the November 2004 statewide ballot. However, legislative review of this local government finance package will provide an opportunity by those in the legislature who want to reach too far and add proposals to the package that are not supported by local governments. More specifically, a proposal is being pushed to swap an additional one quarter (1/4) cent of local Bradley-Burns sales tax for property taxes. This is vigorously opposed by cities, including those of our Westside COG and the League because these revenue swaps deteriorate local control and weaken fiscal independence. Although no specific language is currently available, we understand that Assemblyman Darrell Steinberg, Chair Budget Committee, is intent on pursuing the goal of a swap. Placing a sales-tax-for-property-tax-revenues swap in the local government package is a bad idea for a number of reasons: ? Limits Local Government Financial Flexiblity. Reduced revenue diversity and concentration on fewer revenue sources makes the revenue structure vulnerable. For example in Santa Monica, we currently have seven major revenue sources with sales tax at 14.9% and property tax at 12.6 % Overconcentration leaves the City more vulnerable to changes in the economy. Santa Monica’s AAA bond rating is in part due to revenue diversity. In addition, the “flip” would position the State rather than the City to benefit from 1) any strategic municipal actions to 2 encourage business development and enhance the local sales tax base; 2) Statewide changes to the sales tax structure that may extend taxation to services; and/or 3) elimination of the tax-exempt status of internet sales. Sales tax holds the greatest potential in terms of revenue growth, providing the ability to expand an existing revenue base without implementing new taxes. For example, extension of the tax to internet transactions and services would help both the State and localities replace revenue reductions resulting from the change to a service and electronic transaction economy. ? No Evidence Swap Will Change Decision-Making. The advocates for such a proposal contend that a swap of this nature would make local decision-making less reliant on the approval of retail development to fund city services, but no credible studies have been done to confirm this speculation. Moreover, cities have supported legislation that has passed in recent years to limit local tax incentives for large retail projects. There is no compelling reason to give up a key local government revenue source simply to experiment with this untested theory. ? Doesn’t Solve the State’s Structural Deficit. The State predictably turns to local government, diverting revenues that should be returned to the community, to “patch” its own budget gap. We anticipate a minimum of two more years during which Santa Monica and other California communities will experience revenue decline as the State retains, “borrows” or diverts local funds. Whether by reducing or eliminating the portion of sales tax that is returned to the communities in which it is generated or by substituting 3 higher proportions of property tax revenue, the State’s structural deficit remains untreated. ? Built Out Cities Have Different Needs . “Built-out” cities such as those on the Westside of Los Angeles have different goals and challenges than developing cities in regard to the fiscalization of land use and the management of local resources. It is critical that built out cities retain the benefits of revitalizing economically lagging areas in order to maintain a robust local economy as well as generate revenue for basic services. For example, property tax on a major retail mall will remain relatively constant over time while revitalization of its retail uses has the potential to generate significant increases in sales tax and could incorporate mixed-use housing. The swap of property tax for sales tax is more than an exchange of one revenue source for another. It could impact the quality of life and character of cities. Public opposition to increasing density in built out communities is significant and City Councils would face public resistance to revising density ordinances for residential and commercial property so that property tax revenues and development fees would adequately support needed services. In essence, cities may have to increase development (density and floor area) in order to increase the value of the property just to offset the loss of sales tax revenue. This approach has the potential of dramatically altering the scale and nature of the urban environment. It is not a choice in built-out cites between “big box” development or residential development but rather a preference for smart growth redevelopment consistent with the local community’s character. 4 ? Administration Package Exchanges Local Revenues. The local government finance package agreed to by the Administration already shifts about $4.1 billion in property tax revenue to local government in exchange for vehicle license fee revenues. This change in local finance is significant. As a result, beginning in 2006-07 cities on a statewide basis will be receiving more revenues from property tax than sales tax for the first time since before Proposition 13 in 1978. No further changes are needed until the impact of this shift in local finance can be adequately assessed. ? The Numbers Don’t Add Up. A sales-tax-for-property-tax-revenues swap, on top of the current “triple flip” swap (1/4 cent for an equal amount of property taxes) passed through Proposition 57, drains ERAF property taxes around the state and requires the State to give greater shares of the property taxes now going to schools to local governments. There is not enough property tax money in ERAF accounts to finance a further tax swap. Over the past 10 years, the ability of local government to carry out its service responsibility has been eroded by the increasing shift of local fiscal decisions to the State. The result of this shift is a destabilization of local revenues which has hampered the ability of local governments to adequately deliver mandated services and fulfill legal responsibilities. Rather than robbing “Peter to pay Paul”, we encourage dialogue that will bring alternative revenue sources to resolve the State budget dilemma. This 5 includes discussion about commercial property assessments, business personal property tax, “sin taxes” and tax on manufacturing equipment. Budget impact Opposition to the swap of sales tax for property tax does not have an immediate budget or financial impact. However, how the current State budget deficit is resolved, and how the existing State-local fiscal relationship is changed will have significant long-term fiscal impacts on the City. Recommendation The proposal to further swap local sales tax for property tax is the most important legislative decision affecting the financing of local governments for the next 20 years. Staff recommends opposing this proposed swap or other measures that limit the financial flexibility of cities. Prepared by: Susan McCarthy, City Manager Steve Stark, Director of Finance Kathryn Vernez, Assistant to City Manager, Government Relations 6