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sr-021009-13e13-E February 10, 2009 Council Meeting: February 10, 2009 Santa Monica, California CITY CLERK'S OFFICE -MEMORANDUM To: City Council From: Councilmember McKeown Date: February 10, 2009 13-E: Request of Councilmember McKeown that, in the interest ofmaintaining local housing stability, the Council cansider the temporary use of City funds to cover expected state non-payments and/or IOUs as needed by residents for rent and mortgage payments, and direct stafF to investigate financial and administrative possibilities. http:liwvwv. seo. ca. ~ovfeo/fiscalissues/payments0l-2009a. shtm I ht~:llNnnnnr. scc. ca. ~ovleo!fisca;issuesfpayments0l-2009c. shim}#pa~mentmenu http:l/w+aver.sc®.ca.govieralfiisca]issueslcayments0~1-2009b.shtml#oaymentmenu http:l/v~nvvv. sco. ca. ~ovleolfiscalissues/cayments0l-20094. shim I 13- February 10, 2009 ~~ ~~ ~~_ ~.~ r ~.~. ~oritrolfler to delay ~ertaira Payments for ga Days ~'o Presea°ve ~asla for 5el~ools axed ®tlaer Legally Protested ~xpea~dltua°es As State Controller, John Chiang is responsible for ensuring the State has sufficient funds to meet its financial obligations. With no signs of an economic recovery in sight, it is critical that the Governor and the Legislature enact a sound budget solution that provides much-needed cash by February 1. If not, the State will be $346 million in the red at the end of February, and $5.2 billion in the red in April. In order to preserve cash for education, debt service and other payments that are deemed by the State Constitution, federal law orcourt rulings as having first claim to available Gerieral Fund cash, the Controller announced he will begin delaying, for 30 days, payments to all other programs that are funded out of the State's depleted General Fund. Those payments that will be delayed include thousands of payments to The delay in payments also will apply to tax refunds that millions `"'""'"""" of individuals and businesses ~1~I~OFt-18'SI have earned, expect and Partnes=rnarsut deserve. Not only will the 30=day delay in refund payments cause significant financial harm to $~oat3~Pmn California families, it wilt delay s2,#~rt~~n the economic stimulus expected ~asixtrishien " S2,3C~li5on"" from consumer spending. Postponing the payment of tax refunds also v~ill ultimately cost so the state tens of millions of "'ymlr:»~ dollars in interest payments if those payments are postponed beyond the date prescribed by law. ,5~asan+oe, ...,...,. .,....„. .,, ....,:', businesses for services and products they provide to the State; to ~~~~ its=~ ~~~-~ ~ t~~ assistance for more than a million aged, blind and disabled Californians ~ ~" that goes to pay their rent, utilifies, or put food on their tables; to State agencies that use the payments to fund critical public services, ranging from public safety to health and welfare. If the Governor and Legislature fail to provide real and adequate solutions by late February, the Controller said he will be forced to postpone those payments far another 30 days. Below is information regarding rrao xxaaonu~r~~~~dgmw+§r~vmn~x which legally protected payments arrxo~xmmearwsnip~smwa~c4v.e~n~- vdll continue to be paid, what _ - payments will be delayed, frequently asked questions, and the text of a letter from the Controller to Legislators. http://www.sco.ca.gov/eo/fiscalissues/payments0l-2009a.shtml 1/29/2009 Estimated GeneraY~u-~! Dish 7ota1 tea ~ Made Yofial Payrt Deli $6.63 billion $3.48 billion Retells of ~ayrnents i~ 3e iVla~e ir; ret3a"Lard ?l}~39 Retails at ~aysnenis to e Relayetl #tir 30 Rae Freguentiv zskec7 £2uest9csns {F~CsI Letter l•rom the Contralaer to Ler~'slatoss to tie TotaO Disbu in .February $10.11 billion Gantraller's 5tateraent r erardlraq Pa:,anent Relays to l+Iianat~e Cash Crisis Sack to Too or Page Content 'r'ez~.-`v. w°,".z_~,..~stj ~.~`,e~5% x ~~ ~~-s~~s ~~5~~;,Y`'~'i~Py ~Y"`i~"~s ?"`-~a~a a.n~"~~, Privacy Pel"scy Cal"rfomia State Controller's Office, Controller John Chiang c ~~tlsnate~ eta ~' ~i Z2i~a~i~~ta~ae~a~~ far ~=e~aa~x°r 2~ssc} ' Return to Main ~~br,aan~ 2pQ9 ~rmenis °age ,~E°°3d?l3„ra~' m~~~ ~~3ft~7AT~~ ra~'s'l3E1?l`S !s'}. ire ~cL,~a'~E~ -~> Tax Refun~s -~~ Local Assistance -?? Social Services ->> Other Local Assistance ~> State Operations lax Refan<cs Estimated Payments to be Delayed Category _ Payments to Be Delayed Personal Income Tax Refunds $1.91 tHllion Bank and Corporation Tax Refunds $81 million Backt4_Dela,~L er ~ ir'e^u. tacac Assistance Estimated Payments to be Delayed Category Payments to Be Delayed _..... Education...... _.. $13 million Student Aid Commission (Ca1GRANTS) Back to Delayed Pa ~ments n.~'~~_n~:. ..Social Services Estimated Payments to be Decayed Category Payments to Be flayed Department of Soda1 Services Payments to Federal Socal Security Administration $188 million for State's Share of SSIlSSP Assistance .....Department of Soda) Services CalWorks {Temporary Assistance to Needy Families for Basic $114 million Needs, Indudes Speafic Welfare-to-Work Requirements, Provides Supportive Services such as Childcare} http:/Iwww.sco.ca.gov/eo/fiscalissuesipayments0l-2009cshtml 1/29/2009 Department of Social Services County Administration (Payment for Operating Costs and Salaries of $122 millior County Staff Who Administer Public Assistance Programs} Back to Delayed Paym~rts_1y12ru Othee Lopl Assistance Estmatal Payments to be Delayed ~~®ry Payments to Be Delayed DHSC Medi-Cal County Administrative Costs $22 million Department of Developmental Services (Funding for Regions! Centers that Provide Services $280 million to Individuals with Developmental Disabilities} Department of Mental Health (Assists Counties in Providing Mental Heath $77 million Treatment and Rehabilitative Services} Department of Alcohol and Drug Abuse (Assists Counties in Providing Prevention, $19 million Treatment and Recovery Services} I Miscellaneous Local Assistance $142 million Sack to DElayea ~aym~n+s 54zru State Opeeations Estimated Payments to be Delayed Category Payments to Be Delayed Unallocated State Operations (For Agency Utilities, Lease, Office Equipment $515 million Maintenance) Back to Delaye_d__Palrn_ert~ ~J~enu Remrr_tc Ma_m Feor~ia_1 2Ct?9 f?a~merts__P_age Fiy~c~ P~~lict California State Controller's Office, Corrtroller John Chiang httpa/www.sco.ca.gov/eo/fiscalissues/payments0l-2009cshtml 1/29/2009 i 3 ~~ °~Itr~"iy`~% Lis 5x'~. 4 ~J,. ~ ! s c z,...d S n} 3 z -~..+~c~°' f - E~~ima%~~ eta ~'t~(~ ~3is~sa~°~~~~t~ fear ~`e~3°t~ar~> ~€~css~ -> Return to Pviain Pa~~menis Pagz ~ERU;~~R't 2i~09 ES (Ift7c1°fED P~i~'~r3~~s''?°a ~<? (-3E s~t~,~L3E Sc':?gcis and Hyne ~-'u aii_q_n_ -_' Debt Seniice _%~~ Pa+lroll -~ Pensions ~' It~tedi-Cal ~~%%C'~ther Heaith Care Sen~ices }~ External BorroUnnq Cther Schools and Higher Education Estimated Payments to Be Made Category Payments to tie Made School Apportionment - $1.66 billion Revenue Limit K-12 Categoricais $395 million Schools (Other Education) CalWorks Stage 2 and 3 $897 million Child Development and Special Purpose University of Calffornia $199 million State Universities and Colleges $203 million Ca6fomia Community Colleges $386 million Bac4 to Payments N?ena !)ebt Service Estimated Payments to Se Made Category .Payments to tae Made General Obligafion Bonds $780 million __. Lease Revenue Bonds $46 million No Payment in Fetxuary Repayment of Internal Borrowing (Next Payment Scheduled for March) Back to Pavmerts P11~ru httpa/wwwsco.ca.gov/eo/fiscalissues/payments0l-2009b.shtml 1/29/2009 Payroll Estimated Payments to Be Made Category Payments to Be Made Payroll Transfer $815 million Department of Social Services (DSS) $290 million In-Home Support Services BacktgPayments Menu Pension Systems Estimated Payments to Be Made Category Payments to Be Made Payment to Public Employees' Retirement System Paid Quarterly (Neat Paymen4 Scheduled for (CaIPERS) April) Payment to State Teachers' Retirement System Paid Quarterly (Neat Payment Scheduled for j {CaISTRS) April} Payment to Ca1STRS Supplemental Benefd Paid Quarterly (Next Maintenance Account Payment Scheduled for (Budget Act item 1920.011-0001) ' April) Back to Payments N'.enu .......Nadi-Cal..... Estimated Payments to Be Made Cat~ory .Payments to Be Made Departrnent of Health Care Services $ggg million Institutional and Non-Institutional Backt_o__Pay_meMs Menu Ottrer Health Care Services _ Estimated Payments to Be Made Category Payments to Be Made Managed Risk Medcal Insurance Board's Healthy $30 million Families Program Back to Pavmenis iVlenu External Borrowing Estimated Payments to Be Made Category Payments to Be Made No Payment in February Revenue Antiapation Note Series A-1 (Next Payment Scheduled for May) No Payment in February Revenue Anticipation Nate Series A-2 (Next Payment Scheduled for June} Back to Payments. Uenu http://www.sco.ca.gov/eolfiscaiissues/payments0l-2009bshtml 1!29/2009 Other Estimated Payments to Be Made Category Payments to Be Made Capital Outlay (Proposition 42 Transfer) $8 million Non-Governmental Costs $1 million (Counties for Social Welfare) Department of Child Support Services (Local Child Support agency Administration and $19 million Operating F~cpenses Back to Payments hAenu getum to N1a n ~ebri~ary.~ Os_~~ym ris ~~c PrI}/2_C~_~Olipt California State Controllers Office, Controller John Chiang http://wwwsco.ca.gov/eo/fiscalissues/payments0l-2009bshtml 1/29/2009 l;s~~t~ti ta~ra~ ~'t~at ~i~~~r~~;yn~~#s f~~° ~'~rt~~a°y ~~m9 °.eturn fo 1+ian ra5i ary 2~U_~ F~,m~rts -ate FREQUENTLY ASFCED QUESTIONS 1. How bad is the State's cash flow? It is critical that the Govemor and the Legislature enact a sound budget solution that provides much-needed cash by Febmary 1. If not, the State will be $346 million in the red at the end of February, and $52 billion in the red in April. Wfthout corrective aeon by lawmakers, the State's shortfall may exceed $10 billion by July. 2. Why is the State delaying payments? In order to ensure that there is adequate cash for education, debt service and other General Fund payments that are deemed by the State Constipation, federal law or court rulings as having first daim to available General Fund cash, the Cordrolier must, starting in February, begin delaying payments to others funded by the State's depleted General Fund. 3. What payments will be delayed? Thousands of payments to businesses for services and products they provide to the State; to assistance for morethan a million aged, blind and disabled Cal'rfornians that goes to pay their rent, utilities, or put food on their tables; to State agendes that use the payments to fund cdticai public services, ranging from public safiety to health and welfare; and to pay tax refunds for individuals and businesses that overpaid their 2008 taxes. A more complete I_Ist of those payments that will be delayed is available on this Web site. 4. How tong will the payments be delayed? For the month of February, the delays will be for 30 days. Departments are directed to take the fu1130 days allowed by the Prompt Payment Act to process General Fund claims submitted by vendors, thus minimizing the potential for interests costs related to the delayed payments. The SCO will also hdd claims an additiona130 days and, assuming the daim is correct and valid, will subsequently begin processing these claims. 5. Why don't you just issue registered warrants, or IOUs? There are no assurances at this time that all Tinandai institutions will accept registered warrants (IOUs) and it is unlikely that any registered warrants issued will be redeemed by the State for several months. Additionally, registered warrants likely will complicate the cash flow borrowing which the State will be required to undertake in July. As the Govemor and Legislature work to fix our budget, they are expected to need short-term or cash-flow borrowing from the credit markets to make any new budget work 6. Doesn't delaying payments also hurt the State's ability to seek loans? Delaying payments is a more common accounting practice used by many businesses when cash is less than what is needed to immediately meet their obligations. Wait Street recognizes that tactic and can relate the State's use of itto the private sector. By delaying payments the State can immediately issue payments as soon as cesh becomes available: IOUs are more complex, and the redemption process could delay the time it takes to transmitthose funds to the redpient 7. Will 1 get interest? If Personal Income Tax refunds are not paid on or before May 30, 2009, then interest accrues at 5°k from April 15, 200Q until 30 days prior to the payment issue date. If Bank and Corporation Tax refunds are not issued on or before June 15, interest accrues from March 15 at 2°~, unti130 days prior to the issuahce date. ti paid Beyond July 9, it is possible different interest factors may apply after June 30, as the Franchise tax Board sets the interest rates semi-annually. 8. What payments will continue to be made? http:/1www.sco.ca.gov/eolfiscalissueslpayments0l-2009dshunl .1/2912009 The payments that will be made as regulary scheduled are those deemed by the State Constitution, federal law or court order as having first daim on General Fund cash, such as: Edugtion (indudes K-12, UC, state and community colleges) ' Debt service (General Obligation bonds, lease revenue bonds, internal borrowing) %% Payroll Department of Sodal Services !n-home Support Service with federal match. '> Managed Risk Medical Insurance Board's HeaMhy Families Program A list of payments that will be made on the regular schedule is available on this Web sRe. 9. Why are state lawmakers and Constitutional Officers stilt getting their eegu~r pay when other payments aee delayed? The only time the Controller can withhold salaries for elected State offidals, their appointed staff and others who are not covered by the federal Fair Labor Standards Act is during times when there is no budget in place. Nhth a budget in place, the Controller has no discretion to withhold salaries when there is an appropriation from the Legislature. 10. WiII my SSItSSP payment be delayed? The SSI is a federal program administered by the Federal Sodal Services Administration (SSA). SSP is a supplemental state-funded program that also is administered through the SSA The SSA has "floated' the States portion in the past when the State could noY provide funding due to a lack of a budget. Because the SSA requires a 30.day notification before ceasing payment, state health officials believe the SSA will contnue to dsburse both federal and state payments to California's elderly, blind and disabled redpienis at leastthrough March and possibly April. 19.1 am an IHSS worker. Will my pay be decayed? In-Home Supportive Services workers will continue to receive their regular paychecks as required by the federal Fair Labor Standards Act (ELBA}. 72. Whale Medi-Cal payments will continue to Pre paid®n a regular schedule? Both institutional and non-institutional Medi-Cal paymenis will continue to be paid regularly. Payments will continue to be made for institutonaE and non-institutional providers, inducting doctors, nurses, dentists, aduh day health care, home health care agencies, regional health care agendas, pharmacies, and other Medi-Cal home- and community-based services. --? f3ack to Top or` Pam Content Return to U2 :? r~ti ,~ ^noc °ay~En#s =agz Priyac~_Foicy Cal'rfomia State Controllefs Office, Controller John Chiang http://www.sco.ca.govleo/fiscalissues/payments0l-2009d.shtml 1129/2009