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SR-100-002 (24) F:\CMANAGER\Staff Reports\CouncilProp1-A.doc Council Mtg Date: September 14, 2004 Santa Monica, CA TO: Mayor and City Council FROM: City Staff Subject: Support on State Proposition 1-A Introduction This report requests Council support of State Proposition 1-A: Protect Local Taxpayers and Vital Local Services on the November 2004 ballot. Background Proposition 1-A is the result of a bipartisan agreement between Governor Schwarzenegger, local governments, legislators, public safety officials, healthcare advocates, taxpayers and community leaders. If passed in November, it would help to stabilize local revenues by circumscribing the manner in which the State can “borrow” local revenues for its own purposes. It is an underpinning of the State’s fiscal year 2004-2005 budget passed by the legislature and signed by the Governor which relies upon $1.3 billion in local revenues to help balance the State’s budget. Local government agreed to this redirection of local revenue both for the current fiscal year and for the subsequent year in exchange for constitutional limits on the State’s ability to raid local revenues, specifically property taxes, sales taxes and vehicle license fees (VLF), in future years. The State has regularly diverted local government revenues to the detriment of essential local services. Problems deepened in 2002, following the energy crisis, when the projected State deficit ballooned to $22 billion. The League of California Cities estimates that the State currently seizes more than $5.2 billion annually in local property tax funds from cities, counties and special districts. This has cost local government $40 billion in lost revenue over the past 12 years which has seriously reduced resources around the State for local fire, law enforcement, public health and emergency medical care, roads, parks, libraries, transportation and other basic local services. City officials have repeatedly made hard decisions to balance their budgets during State takebacks, recessions or other economic downturns, by cutting expenditures and/or raising revenue. In Santa Monica, in FY 2003/04, $7.0 million was cut from the general fund operating and capital improvement budgets and 31 positions eliminated. For FY 2004/05, $4.0 million was cut and 11 positions eliminated, and 4 sworn police officer positions were “frozen”. In regard to revenue, Santa Monica implemented a variety of fee and fine increases, and is seeking an increase to the TOT tax rate by 2 % in November 2004. In summary, like local governments across California, Santa Monica has sacrificed to assist the State. Local services will most certainly be adversely impacted further if the State continues to find it easy to balance its own budget on the backs of local government. Discussion Proposition 1-A amends the state constitution to prevent the legislature from reducing the combined property tax shares of cities, special districts, and Counties, except to borrow funds on a temporary basis to address a “severe state fiscal hardship”. Beginning in the 2008-2009 fiscal year, if the state has already paid cities and counties the amount owed from the 2003-04 VLF loan (estimated at $1.22 billion), the governor may issue a proclamation that declares that there is a “severe state fiscal hardship” that requires the state to temporarily suspend Proposition 1-A basic local protections. Next, the legislature must adopt a statute with 2/3rds vote that contains the suspension for that one year only with a promise to repay the total amount of property tax loss with interest within three years. In summary the steps are: ? The 2003 VLF GAP loan must be repaid before another loan can occur, ? The loan could only occur twice within a ten year period, ? The loan must be repaid with interest within three years, and the loan must be repaid before borrowing could occur a second time within ten years, ? The amount of the loan is limited to no more than 8% of the total amount of property tax allocated to cities, counties and special districts in the previous fiscal year; and ? The reduction could only occur with a 2/3 vote of the legislature. Proposition 1-A also replaces the more volatile VLF backfill with property tax, after the 2003 VLF loan is repaid. Cities would no longer have to comply with “unfunded mandates”, with the State either paying for its obligations or suspending the mandate. Proposition 1-A does not raise taxes. It does not reduce funding for schools or other State programs or services. It does not increase funding to local governments. It does provide stability and predictability for the long-term financial protection for local governments. Financial/Budget Impact The recommended action does not have any immediate fiscal impact on Santa Monica’s budget; however over the long term, the protections in the Proposition will offer greater stability for Santa Monica revenues and reduce the likelihood of raids by the State to balance its budget. Recommendation Staff recommends that City Council support passage of Proposition 1-A, the statewide measure that will circumscribe the ability of the state to further borrow local government revenues. Prepared by: Steve Stark, Director of Finance Kathryn Vernez, Assistant to the City Manager, Government Relations