HomeMy WebLinkAboutAgenda Report - April 3, 1985 (70)April 10, 1985
Honorable John Garamendi
State Senator
State Capitol, Room 313
Sacramento, CA 95814
Dear Senator Garamendi:
Enclosed herewith please find Resolution No. 85-46 "Resolution in
support of SB -290 (Foran) Transportation Finance" which was adopted
by the Lodi City Council at its Regular Meeting of April 3, 1985.
As the Resolution indicates, the City of Lodi is in full support of
this bill and would urge your "AYE" vote on SB -290.
Very truly yours,
David Hinchman
Mayor
DH: jj
April 10, 1985
Honorable John Foran.
Senator
r State Capitol
Sacramento, CA 95814
Attn: Nancy Jo Plescia
Dear Senator Foran:
Enclosed herewith please find Resolution No. 85-46 "Resolution in
support of SB -290 (Foran) Transportation Finance" which was adopted
by the Lodi City Council at its Regular Meeting of April 3, 1985.
As the Resolution indicates, the City of Lodi is in full support of
this bill and would urge your "AYE" vote on SB -290.
Very truly yours,
David Hinchman
Mayor
April 10, 1985
I-
-
Honorable Jim Ellis
Senator
State Capitol
Sacramento, CA 95814
Attn: Elizabeth Dahl
Dear Senator Ellis:
Enclosed herewith please find Resolution. No. 85-46 "Resolution in
support of SB -290 (Foran) Transportation Finance" which was adopted
by the Lodi City Council at its Regular Meeting of April 3, 1985
As the Resolution indicates, the City of Lodi is in full support of
this bill and would urge your "AYE" vote on SB -290.
Very truly yours,
David Hinchman
Mayor 1
DH: 7 7
April 10, 1985
Honorable Marian Bergeson
Senator
State Capitol
Sacramento, CA 95814
Attn: Kevin Sloat
Dear Senator Bergeson:
Enclosed herewith please find Resolution No 85-46 "Resolution in
support of SB -290 (Foran) Transportation Finance" which was adopted
by the Lodi City Council at its Regular Meeting of April 3, 1985.
As the Resolution indicates, the City of Lodi is in full support of
this bill and would urge your "AYE" vote on SB -290.
Very truly yours,
David Hinchman
Mayor
DH: jj
April 10, 1985
Honorable Wadie Deddeh
Senator
P-1
V State Capitol
9 Sacramento, CA 95814
Attn: Helen Jones
Dear Senator Deddeh:
IN
Enclosed herewith please find Resolution No. 85-46 "Resolution in
support of SB 290 (Foran) Transportation Finance" which was adopted
by the Lodi City Council at its Regular Meeting of April 3, 1985.
As the Resolution indicates, the City of Lodi is in full support of
this bill and would urge your "AYE" vote on SB -290 -
Very truly yours,
David Hinchman
Mayor
DH:jj
April 10, 1985
Honorable Leroy Greene
Senator
�4
State Capitol
Sacramento, CA 95814
Attn: Pat Blakeslee
Dear Senator Greene:
Enclosed herewith please
find Resolution No. 85-46 "Resolution in
support of SB -290 (Foran)
Transportation Finance" which was adopted
by the Lodi City Council
at its Regular Meeting of April 3, 1985.
As the Resolution indicates,
the City of Lodi is in full support of
this bill and would urge
your "AYE" vote on SB -290.
Very truly yours,
David Hinchman
Mayor
is
DH:jj
E
n
r"*
s" Honorable Rebecca Morgan
3 Senator
s State Capitol
Sacramento, CA 95814
Attn: Jon Glidden
Dear Senator Morgan:
Enclosed herewith please find Resolution No. 85-46 "Resolution in
support of 5E-290 (Foran) Transportation Finance" which was adopted
by the Lodi City Council at its Regular Meeting of April 3, 1985.
As the Resolution indicates, the City of Lodi is in full support of
this bill and would urge your "AYE" vote on SB -290.
Very truly yours,
David Hinchrnan
Mayor
DH: 7J
a
�,
J
April 10, 1985
Honorable Alan Robbins
Senator
State Capitol
Sacramento, CA 95814
Attn: Teri Burns
Dear Senator Robbins:
Enclosed herewith please find Resolution No. 85-46 "Resolution in
support of SB -290 (Foran) Transportation Finance" which was adopted
by the Lodi City Council at its Regular Meeting of April 3, 1985.
As the Resolution indicates, the City of Lodi is in full support of
this bill and would urge your "AYE" vote on SB -290.
Very trui;r yours,
David Hinchman
Mayor
DH:j)
April 10, 1985
Honorable Rose Azin Vui ch
Senator
State Capitol
Sacramento, CA 95814
Attn: Shirley Pearson
Dear Senator Vuich:
Enclosed herewith please find Resolution No. 85-46 "Resolution in
support of SB -290 (Foran) Transportation Finance" which was adopted
by the Lodi City Council at its Regular Meeting of April 3, 1985.
As the Resolution indicates, the City of Lodi is in full: support of
this bill and would urge your "AYE" vote on SB -290.
Very truly yours,
David Hinchman
Mayor
DH: jj
RESOLUTION NO.
RESOLUTION IN SUPPORT OF SB -290 (FORAN)
TRANSPORTATION FINANCE
l4'HEREAS, local governments are now experiencing an annual
funding shortfall from local streets and roads of between $4C0 and
$800 million dollars; and -
WHEREAS, local transit systems are also facing a major
shortfall in funding; and
WHEREAS, Congress is intending to cut Federal Revenue
Sharing to local governments in California and Federal Subsidies to
transit;, and
WHEREAS, local street and road funding must have an
immediate infusion of dollars to prevent taxpayers paying three to
four times more to repair that system in the future; and
WHEREAS, Senator John Foran has taken the leadership role in
introducing SB -290 a comprehensive transportation finance package
for state and local government; and
WHEREAS, SB -290 is the most important transportation finance
package to local governments in twenty years; and
WHEREAS, the local transportation system is in need of a
stable and predictable source of revenue; and
WHEREAS, without this additional revenue the survivability
of Lodi's streets, roads and alleys is questionable.
NOW, THEREFORE, be it resolved that the City of Lodi
indicates its full support for Senator Foran's SB -290
Dated:
I hereby certify that Resolution No.
was passed and adopted by the City Council
of the City of Lodi in a regular meeting
held April 3, 1985 by the following vote:
Ayes: Council Members
Noes: Council Members -
Absent: Council Members -
Alice M. Reimche
City Clerk
URGENT URGENT URGENT
RE: Transportation Finance.. SB 290 (Foran). IMMEDIATE ACTION NEEDED
No further hearings will be scheduled on SB 290 until the solid, bipartisan
votes necessary to get the bill out of the Senate Transportation C,.xunittee can
be counted. To translate, SB 290 is dead unless the interest groups support-
ing the bill can change the minds of certain members of the Committee.
The most immediate political problem with SB 290 is the Governor's opposition
to the bill. His strong, unbending opposition to the tax increase in SB 290
results in several key Republican Committee members not wanting to "vote
against" the Governor. This also is causing the Governor and Republican mem-
bers of the Senate Transportation Committee to search for "alternatives" to a
gas tax. There have been no specific alternatives offered. There have only
been general references to the state "surplus" as an alternative to address
the transportation funding gap. What are the realities of a state general
fund alternative to SB 290? T:fere are several important policy questions
which must be addressed to answer this question.
POLICY QUESTIONS
1. Is there a "surplus" and how much is that surplus?
Comment: The existence and size of any surplus is only speculation at
this time.
2. If Lhcre is a surplus, what is the likelihood that transportation will
have the first call on the surplus?
Comment: There will be many competing demands for any possible surplus.
Ir:mediately, transportation interests will begi-n to compete with a list
of demand, from the following organizations or programs:
(a) Abused, neglected and abandoned children.
(b) Unitary tax enactment which seems to be gaining support
(c) Educatior, (K-12, community colleges, UC system)
(d) Human resource programs (welfare, aging, mental health, alcohol etc.)
(e) Prison construction and other criminal justice issues
r�
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Al
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j,5�"
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ErN°'i4 •v3
League of California cities ,�L'
Caidornia lines
Worx Togerner
1400 K St ee • Sacramento 95814 • (918) 444-5790
(�
UTY OF LOD!
Sacramento, CA
i-CCL1C rXRKS DEPARTMENT
#11-1985 -_
March 25, 1985
URGENT URGENT URGENT
RE: Transportation Finance.. SB 290 (Foran). IMMEDIATE ACTION NEEDED
No further hearings will be scheduled on SB 290 until the solid, bipartisan
votes necessary to get the bill out of the Senate Transportation C,.xunittee can
be counted. To translate, SB 290 is dead unless the interest groups support-
ing the bill can change the minds of certain members of the Committee.
The most immediate political problem with SB 290 is the Governor's opposition
to the bill. His strong, unbending opposition to the tax increase in SB 290
results in several key Republican Committee members not wanting to "vote
against" the Governor. This also is causing the Governor and Republican mem-
bers of the Senate Transportation Committee to search for "alternatives" to a
gas tax. There have been no specific alternatives offered. There have only
been general references to the state "surplus" as an alternative to address
the transportation funding gap. What are the realities of a state general
fund alternative to SB 290? T:fere are several important policy questions
which must be addressed to answer this question.
POLICY QUESTIONS
1. Is there a "surplus" and how much is that surplus?
Comment: The existence and size of any surplus is only speculation at
this time.
2. If Lhcre is a surplus, what is the likelihood that transportation will
have the first call on the surplus?
Comment: There will be many competing demands for any possible surplus.
Ir:mediately, transportation interests will begi-n to compete with a list
of demand, from the following organizations or programs:
(a) Abused, neglected and abandoned children.
(b) Unitary tax enactment which seems to be gaining support
(c) Educatior, (K-12, community colleges, UC system)
(d) Human resource programs (welfare, aging, mental health, alcohol etc.)
(e) Prison construction and other criminal justice issues
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,j
3. Can the proponents of state general fund surplus secure the votes for
transportation funding?
Comment: With the above constituencies competing for any surplus, the
priorities of proponents for transportation will have a stiff, if not
impossible, battle with proponents of other interests.
4. If transportation funding can be secured from the general fund, what
does that mean for future commitments?
Comment: There is, and can be no, commitment of the state beyond one year
on state general fund monies. As long as there is a surplus, commitments
are easier to keep. When there is no surplus, there will be no commit-
ments to help local government transportation problems. SB 290 is a per-
manent and stable source of revenue for a problem that needs a constant
and stable source of revenue.
5. Do cities want to again face the year-to-year or perhaps the month-to-
month revisions and cutbacks connected with state general fund bailouts?
Comment: For the first time in the six years since passage of Proposition
13, cities can plan public services because there is a stable and pre-
dictable source of revenues. We should not have to subject our transpor-
tation system to that same unpredictable revenue picture which plagued
city general services for the past six years.
IMPORTANT ISSUES
The debate on SB 290 has lost its focus. The following issues are the impor-
tant ones:
1. There is an overwhelming need on the local street and road system in
the scale of $400 to $800 million annually. A financial solution with
stability is needed now!
2. SB 290 is a user tax. What can be a more equitable means of paying
for our street and road system than through a tax paid by the users of
that system.
3. The state and local transportation system,: is one system. Financial
responsibility is split, but the system is, of necessity, integrated to
accanmodate statewide travel. It requires a statewide funding source.
4. A state gasoline tax increase is the only way to guarantee a consis-
tent level of transportation services on a statewide basis. Only the
Legislature and the Governor can pass a tax which distributes the
revenues on an equitable, statewide basis.
- 2 -
_�. SB 290 is a stable and predictable revenue source which cin be used to
prooarly plan and maintain the transportation system. The bill meets
shortfalls in funding which extend 10 to 20 years into the future.
General fund alternatives are uno_redictable at best and rion-existent to
data.
G. The economic health of California is directly tied to its transporta-
tion system. The investment in that system is too great to play games.
7. SB 290 is introduced at a critical time in terms of the transportation
system's maintenance. If adequate revenues are not put into the system
now, it will cost 3 to 4 times more to repair that system in the future.
Is it a prudent expenditure of taxpayer dollars to ignore this problem?
CONCLUSION
Any alternative solutions to SB 290 mentioned to date have been non -solutions.
SB 290 is the most important transportation financing package in 20 years_ it
is in trouble in the Legislature because of political questions which have
little or nothing to do with the undeniable financial crisis in our transpor-
tation system.
SB 290 is ours to win our lose. Start by contacting the offices of each of
the Senators on the Senate Transportation Committee. A list of their tele-
phone numbers and a contact person in Sacramento is attached.
May 3 is the deadline date to move SB 290 out of the Senate Transportation
Committee. If we cannot make a difference before that date, the bill .is dead
and the alternatives are questionable. ACP rXXII
Ark Senate Transportation Committee Members for an "AYE" vote on SB 290. When
contacting your Senator, point out the following:
1. The ten streets in the worst condition in your community and the dol-
lars needed to bring those streets up to standard.
2. The direct effect which the ten worst street conditions have on the
citizens in your community, i.e., commute, time delay, auto damage, etc.
3. The projected problems or costs if the problem is not addressed nova.
4. The effect on economic development, job creation, etc.
5. The business and media support in your community for increased
transportation funding.
- 3 -
-
°
~ '
'
SENATE TRANSPORTATION C0}U�IITTEE
Member
Contact Person
Sacramento Office
`
Senator John Foran
Nancy J« ylescia
State CapitolSacramento 95814
/
(Chair)
916/445-0503
�
'
Senator Jim Ellis
Elizabeth Dahl
State Capitol
95814
(Vice Chairman)
Sacramento
916/445-3952
Senator Marian Bergeson
Kevin 3Ioat
State Capitol
Sacramento 95814
916/445-4961
'
Senator Robert Beverly
Brian McMahon
State Capitol.
Sacramento 95814
916/445-6447
Senator gadie Deddeb
8eI�o Jnoca
S�u�c Capitol
Sacramento 95814
916/445-6767
Senator Leroy Greene
Pat Blakeslee
s�e�o Capitol
Sacramento 95814
916/445-7807
Senator Rebecca Morgan
Jou Glidden
State Capitol
Sacramento 95814
`
916/445-6747
Senator Alan Robbins
Teri Doroa
State Capitol
Sacramento 95814
918/445-3121
Sena tor John Seymour
Karen Yelncrtou
State Csyicol
Sacramento 95814
916/445-4264
-
Senator �r� Torres
--- - --
n�uoy �ercbeo
State Capitol
Sacramento 95814
915/445-3456
Senator Rose Ann Vuich
Shirley Pearson
State Capitol
Sacramento 95814
916/445-4641
RESOLUTION NO.
RESOLUTION IN SUPPORT OF SB -290 (FORAN)
TRANSPORTATION FINANCE
WHEREAS, local governments are now experiencing an annual
funding shortfall from local streets and roads of between $400 and
$800 million dollars; and
WHEREAS, local transit systems are also facing a major
shortfall in funding; and
WHEREAS, Congress is intending to cut Federal Revenue
Sharing to local governments in California and Federal Subsidies to
transit; and
WHEREAS, local street and road funding must have an
immediate infusion of dollars to prevent taxpayers paying three to
four times more to repair that system in the future; and
WHEREAS, Senator John Foran has taken the leadership role in
introducing SB -290 a comprehensive transportation finance package
for state and local government; and
WHEREAS, SB -290 is the most important transportation finance
package to local governments in twenty ye4rs; and
WHEREAS, the local transportation system is in need of a
stab;e and predictable source of revenue; and
WHEREAS, without this additional revenue the survivability
of Lodi's streets, roads and alleys is questionable.
NOW, THEREFORE, be it resolved that the City of Lodi
indicates its full support for Senator Foran's SB -290
Dated:
I hereby certify that Resolution No.
was passed and adopted by the City Council
of the City of Lodi in a regular meeting
held April 3, 1985 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Alice M. Reimche
City Clerk
4
rl�n
Catilornia Cities
Woik Together
URGENT
League of California Cities
1400 K Street • Sacramento 95814 • (916.) 444-5790 . .
Sacramento, CA
March 25, 1985
URGENT
eo- ' '! t- ; V 3 i
r
L; C '.*,DRKSDEPAR TNT FIN T
(ill -1985
URGENT
RL: TI'ranspertation Finance. SB 290 (Foran). IMMEDIATE ACTION NEEDED
No further hearings will be scheduled on SB 290 until the solid, bipartisan
votes necessary to get the bill out of the Senate Transportation Committee can
be counted. To translate, SB 290 is dead unless the interest groups support-
ing the bill can change the minds of certain members of the Committee.
The most i:mlediate political problem with SB 290 is the Governor's opposition
to the bill. His strong, unbending opposition to the tax increase in SB 290
results in several key Republican Committee members not wanting to "vote
against" the Governor. This also is causing the Governor and Republican mem-
bers of the Senate Transportation Committee to search for "alternatives" to a
gas tax. There have been no specific alternatives offered. There have only
been general references to the state "surplus" as an alternative to address
the transportation funding gap. What are the realities of a state general
fund alternative to SB 290? There are several important policy questions
which must be addressed to answer this question.
POLICY QUESTIONS
1. Is there a "surplus" and how much is that surplus?
Comment: The existence and size of any surplus is only speculation at
this time.
2. If Lt.ere is a surplus, what is the likelihood that transportation will
have the first call on the surplus?
Comment: There will be many competing deemands for any possible surplus.
Immediately, transportation interests will begin to compete with a list
of dema dl;�Irom the following organizations or programs:
(a) Abused, neglected and abandoned children
(b) Unitary -tax enactment which seems to be gaining support
(c) Education (K-12, community colleges, UC system)
(d) Human resource programs (welfare, aging, mental health, alcohol etc.)
(e) Prison construction and other criminal justice issues
3. Can the proponents of state general fund surplus secure the votes for
transportation funding?
Comment: With the above constituencies competing for any surplus, the
priorities of proponents for transportation will have a stiff, if not
impossible, battle with proponents of other interests.
4. If transportation funding can be secured from the general fund, what -
does that mean for future commitments?
Comment: There is, and can be no, commitment of the state beyond one year
on state general fund monies. As long as there is a surplus, commitments
are easier to keep. When there is no surplus, there will be no commit-
ments to help local government transportation problems. SB 290 is a per-
manent and stable source of revenue for a problem that needs a constant
and stable source of revenue.
5. Do cities want to again face the year-to-year or perhaps the month-to-
month revisions and cutbacks connected with state general fund bailouts?
Ca -anent: For the first time in the six years since passage.of Proposition
13, cities can plan public services because there is a stable and pre-
dictable source of revenues. We should not have to subject our transpor-
tation system to that same unpredictable revenue picture which plagued
city general services for the past six years.
IMPORTANT ISSUES
The debate on SB 290 has lost its focus. The following issues are the impor-
tant ones:
1. T:1ere is an overwhelming need on the local street and road system in
the scale of $400 to $800 million annually. A financial solution with
stability is needed now!
2. SB 290 is a user tax. What can be a more equitable means of paying
for our street and road system than through a tax paid by the users of
that system.
3. The state and local transportation system is one system. ,Financial
responsibility is split, but the system is, of necessity, integrated to
accommodate statewide travel: It requires a statewide funding source.
4. A state gasoline tax increase is the only way to guarantee a consis-
tent level of transportation services on a statewide basis. Only the
Legislature and the Governor can pass a tax which distributes the
revenues on an equitable, statewide basis.
�M
5. SB 2`30 is a stable and predictable revenue source which can be used to
properly plan and maintain the transportation system. The bill meets
shortfalls in funding which extend 10 to 20 years into the future.
General fund alternatives are unpredictable at best and non-existent to
date.
6. The economic health of California is directly tied to its transporta-
tion system. The investment in that system is too great to play games.
7. SB 290 is introduced at a critical time in terms of the transportation
system's maintenance. If adequate revenues are not put into the system
now, it will cost 3 to 4 times more to repair that system in the future.
Is it a prudent expenditure of taxpayer dollars to ignore this problem?
Any alternative solutions to SB 290 mentioned to date have been non -solutions -
SB 290 is the mist important transportation financing package in 20 years. It
is in trouble in the Legislature because of political questions which have
little or nothing to do with the undeniable financial crisis in our transpor-
tation system.
SB 290 is ours to win our lose. Start by contacting the offices of each of
r='
the Senators on the Senate Transportation Committee. A list of their tele-
phone numbers and a contact person in Sacramento is attached.
May 3 is the deadline date to move SB 290 out of the Senate Transportation
<'
Committee. If we cannot make a difference before that date, the bill is dead
End the alternatives are questionable. ACT NC)W!
Ask Senate Transportation Committee Members for an "AYE" vote on SB 290. When
contacting your Senator, point out the following:
res
�r
1. The ten streets in the worst condition in your community and the dol-
lars needed to bring those streets up to standard.
2. The direct effect which the ten worst street conditions have on the
citizens in your community, i.e., commute, time delay, auto damage, etc.
3. The projected problems or costs if the problem is not addressed now.
4. The effect on economic development, job creation, etc.
5. The business and media support in your community for increased
transportation funding.
- 3 -
SENATE TILANSPORTATION COMMITTEE
Member
Contact Person
Sacramento Office
Senator
John ForanNancy
Jo Plescia
State Capitol
(Chair)
Sacramento 95814
916/445-0503
Senator
Jim Ellis
Elizabeth Dahl
State Capitol
(Vice Chairman)
Sacramento 95814
916/445-3952
i
Senator
Marian BergesonKevin
Sloat
State Capitol
Sacramento 95814
916/445-4961
Senator
Robert Beverly
Brian McMahon
State Capitol
Sacramento 95814
916/445-6447
Senator
Wadie Deddeh
Helen Jones
State Capitol
Sacramento 95814
916/445-6767
Senator
Leroy Greene
Pat Blakeslee
State Capitol
s,-
Sacramento 95814
z
916/445-7807
Senator
Rebecca Morgan
.Ton Glidden
State Capitol
Sacramento 95814
916/445-6747
Senator
Alan Robbins
Teri Burns
State Capitol
Sacramento 95814
916/445-3121
Senator
John Seymour
Karen Yelverton
State Capitol
Sacramento 95814
916/445-4264
Senator
Art Torres
Danny Verches
State Capitol
Sacramento 95814
915/445-3456
Senator
Rose Ann Vuich.
Shirley Pearson
State Capitol
Sacramento 95814
916!445-4641
URGENT
League ®f California Cities:..:
1400 K Street -,Sacramento 95814 • (916) 444-5790
Sacramento, CA
March 25, 1985
URGENT
X111-1985
!l lieltt
RE: Transportation Finance. SII 290 (Foran). IMMEDIATE ACTION NEEDED
No further hearings will be scheduled on SB 290 until the solid, bipartisan
votes necessary to get the bill out of the Senate Transportation Committee can
be counted. To translate, SB 290 is dead unless the interest groups support-
ing the bill can change the minds of certain members of the Committee.
The 1[lost immediate political problem with SB 290 is the Governor's opposition
to the bill. His strong, unbending opposition to the tax increase in SB 290
results in several key'Republican Committee members not wanting to "vote
against" the Governor. This also is causing the Governor and Repuu .can mem-
bers of the Senate Transportation Committee to search for "alternatives" to a
gas tax. There have been no specific alternatives offered. There have only
been general references to the state "surplus" as an alternative to address
the transportation funding gap. What are the realities of a state general
fund alternative to SB 290? There are several important policy questions
which must be addressed to answer this question.
POLICY QUESTIONS
1. Is there a "surplus" and how much is that surplus?
Comment: The existence and size of any surplus is only speculation at
this time.
2. If there is a surplus, what is the likelihood that transportation will
have the first call on the surplus?
Comment: There will be many competing demands for any possible surpius.
Immediately, transportation interests will begin to compete with a list
of demands from the following organizations or programs:
(a) Abused, neglected and abandoned children
(b) Unitary tax enactment which seems to be gaining support
(c) Education (K-12, community colleges, UC system)
(d) Human resource programs (welfare, aging, mental health, alcohol etc.)
(e) Prison construction and other criminal justice issues
Yl
z
f
r1
�®f
YiI
MOD
Catltornra Gates
Work Together
URGENT
League ®f California Cities:..:
1400 K Street -,Sacramento 95814 • (916) 444-5790
Sacramento, CA
March 25, 1985
URGENT
X111-1985
!l lieltt
RE: Transportation Finance. SII 290 (Foran). IMMEDIATE ACTION NEEDED
No further hearings will be scheduled on SB 290 until the solid, bipartisan
votes necessary to get the bill out of the Senate Transportation Committee can
be counted. To translate, SB 290 is dead unless the interest groups support-
ing the bill can change the minds of certain members of the Committee.
The 1[lost immediate political problem with SB 290 is the Governor's opposition
to the bill. His strong, unbending opposition to the tax increase in SB 290
results in several key'Republican Committee members not wanting to "vote
against" the Governor. This also is causing the Governor and Repuu .can mem-
bers of the Senate Transportation Committee to search for "alternatives" to a
gas tax. There have been no specific alternatives offered. There have only
been general references to the state "surplus" as an alternative to address
the transportation funding gap. What are the realities of a state general
fund alternative to SB 290? There are several important policy questions
which must be addressed to answer this question.
POLICY QUESTIONS
1. Is there a "surplus" and how much is that surplus?
Comment: The existence and size of any surplus is only speculation at
this time.
2. If there is a surplus, what is the likelihood that transportation will
have the first call on the surplus?
Comment: There will be many competing demands for any possible surpius.
Immediately, transportation interests will begin to compete with a list
of demands from the following organizations or programs:
(a) Abused, neglected and abandoned children
(b) Unitary tax enactment which seems to be gaining support
(c) Education (K-12, community colleges, UC system)
(d) Human resource programs (welfare, aging, mental health, alcohol etc.)
(e) Prison construction and other criminal justice issues
3. Can the proponents of state general fund surplus secure the votes for
transportation funding?
Comment: With the above constituencies competing for any surplus, the
priorities of proponents for transportation will have a stiff, if not
impossible, battle with proponents of other interests.
4. If transportation funding can be secured from the general fund, what
does that mean Eor suture commitments?
Comment: There is, and can be no, commitment of the state beyond one year
on state general fund monies. As long as there is a surplus, commitments
are easier to keep. When there is no surplus, there will be no commit-
ments to help local government transportation problems. SB 290 is a per-
manent and stable source of revenue for a problem that needs a constant
an6 stable source of revenue.
5. Do cities want to again face the year-to-year or perhaps the month-to-
month revisions and cutbacks connected with state general fund bailouts?
Comment: For the first time in the six years since passage of Proposition
13, cities can plan public services becaase there is a stable and pre-,
dictable source of revenues. We should not have to subject our transpor-
tation system to that same unpredictable revenue picture which plagued
city general services for the past six years.
IMPORTANT ISSUES
The debate on SB 290 has lost its focus. The following issues are the impor-
tant ones:
1. There is an overwhelming need on the local street and road system in
the scale of $400 to $800 million annually. A financial solution with
stability is needed now!
2. SB 290 is a user tax. What can be a more equitable means of paying
for our street and road system than through a tax paid by the users of
that system.
3. The state and local transportation system is one system. Financial
responsibility is split, but the system is, of necessity, integrated to
accommodate statewide travel. It requires a statewide funding source.
S
4. A state gasoline tax increa.e is the only way to guarantee a consis-
tent level of transportation services on a statewide basis. Only the
Legislature and the Governor can pass a tax which distributes the
revenues on an equitable, statewide basis.
-2--
5. SB 290 is a stable and predictable revenue source which can be used to
proper'- plan and maintain the transportati-on system. The bill meets
short s in funding which extend 10 to 20 years into the future.
General fund alternatives are unpredictable at best and non --existent to
date.
6. The economic health of California is directly tied to its transporta-
tion system. The investment in that system is too great to play games.
7. SB 290 is introduced at a critical time in terms of the transportation
system's maintenance. If adequate revenues are not put into the system
now, it will cost 3 to 4 times more to repair that system in the future_
Is it a prudent expenditure of taxpayer dollars to ignore this problem?
[*f;�I�li!iT� WN
Any alternative solutions to SB 290 mentioned to data have been non -solutions.
SB 290 is the most important transportation financing package in 20 years. It
is in trouble in the Legislature because of political questions which have
little or nothing to do with the undeniable financial crisis in our transpor-
tation system.
SB 290 is ours to win our lose. Start by contacting the offices of each of
the Senators on the Senate Transportation Committee. A list of their tele-
phone numbers and a contact person in Sacramento is attached.
May 3 is the deadline date to move SB 290 out of the Senate Transportation
Committee. If we cannot make a difference before that date, the bill is dead
and the alternatives are questionable. ACT NOW!
Ask Senate Transportation Committee Members for an "AYE" vote on SB 290. When
contacting your Senator, point out the following:
1. The ten streets in the worst condition in your community and the dol-
lars needed to bring those streets up to standard.
2. The direct effect which the ten worst street conditions have on the
citizens in your community, i.e., commute, time delay, auto damage, etc.
3. The projected problems or costs if the problem is not addressed now.
4. The effect on economic development, job creation, etc.
5. The business and media support in your community for increased
transportation funding.
- 3 -
. It
SENATE TRANSPORTATION COMMITTEE
Member
Contact Person
Sacramento Office
Senator
John Foran
Nancy Jo Plescia
State Capitol
(Chair)
Sacramento 95814
916/445-0503
Senator
Jim Ellis
Elizabeth Dahl
State Capitol
(Vice Chairman)
Sacramento 95814
916/445-3952
Senator
Marian Bergeson
Kevin Sloat
State Capitol
Sacramento 95814
916/445-4961
Senator
Robert Beverly
Brian McMahon
State Capitol
Sacramento 95814
916/445-6447
Senator
Wadie Deddeh
Helen Jones
State Capitol
Sacramento 95814
916/445-6767
Senator
Leroy Greene
Pat Blakeslee
State Capitol
Sacramento 95814
916/445-7807
Senator
Rebecca Morgan
Jon Glidden
State Capitol
Sacramento 95814
916/445-6747
Senator
Alan Robbins
Teri Burns
State Capitol
Sacramento 95814
916/445-3121
Senator
John Seymour
Karen Yelverton
State Capitol
Sacramento 95814
916/445-4264
Senator
Art Torres
Danny Verches
State Capitol
Sacramento 95814
915/445-3456
Senator
Rose Ann Vuich
Shirley Pearson
State Capitol
Sacramento 95814
916/445-4641
i
.mss i
as
E
League of California Cities _ _
California Cities work Together
1400 K Street •Sacramento 95814 • (916) 444-5790
- - fir10- 985
March 22, 1985 i
******************************** LEGISLATIVE ACTIVITIES
1. Transportation Finance. SB 290 (Foran). Senate Transportation Cotrmittee_Vot4a
Postponed to Later Date. Impressive Set of Proponents Endorse the Bill.
2. Cinemployment In State Mandated Cost. AB 216 (McAlister). Bill in Assembly
Ways and Means Committee - Employment Development Department and Finance Seek to
Resolve Technical Issues.
3. School Site Disposition/Naylor Bill Under Attack.
a
4. Local Public Agency Employer -Employee Relations: Unfair Labor Practices — State
Public Employment Relations Board. SB 1254 (Dills).
5. Redevelopment. Drastic Revisions are Proposed by Los Angeles County. SB 1039
(Montoya)
6. Mandatory Redevelopment Set -Aside for School Districts. AB 1.73 (Stirling).
7. City Reimbursement Mandated for Full Costs of County Property Tax Administration. SB
532 (Vuich) and AB 1954 (N. Waters).
2
8. Redevelopment. Reimbursement to County for Costs_ AB 117 (Frazee).
9. Restrictions on Local Investments. SB 115 (.Marks).
r.
10. The Oakland Raider Bill Introduced Again. SB 717 and SCA 18 (Montoya).
11. Brown Act Amended to Include Non -Profit Organizations. SB 1356 (Keene).
12. Limitations on City Annexations and Incorporations. SB 1051 (Lockyer).
5 13. Sales and Use Taxation. Place of Sale. AB 724 (Campbell).
14. Sales Tax. Direct Payment Permits. SB 413 (Beverly) Passes Senate. Revenue and
Taxation Committee.
15. Increases in Budget for the State ABC. SB 927 (Seymour)_
16. Property Taxation: Property Transfer Exemption. ACA 62 (Hannigan) and AB 67
(Hannigan). Assembly Revenue and Taxation Committee Passes Bills Exempting Property
Transferred Between Parents and Children from Change of Ownership Reassessnk'nt.
17. Spaying of Dogs by Pound. AB 1663 (Campbell).
18. Changed Status of Bills Previously Reported.
FEDERAL AFFAIRS
i
19. Mandatory Retirement Age for Public Safety Officers.
LEGISLATIVE ACTIVITIES
1. SUPPORT Transportation Finance. SB 290 (Foran). Senate Transportation
Committee Vote Postponed to Later Date. Impressive Set of
Proponents Endorse the Bill. The Senate Transportation Conm?ittee
on Tuesday, March 19, conducted an approximately four-hour hearing
on SB 290. Council Member Jim Beall from San Jose, Vice Chair
of the League Committee on Transportation and Public Works, testified on behalf of
cities in support of SB 290. Proponents of the legislation represented not only
direct beneficiaries of SB 290 such as local governments and transit districts, but
also prominent members of California's business community who view this package as
being important to the economic health of California. While the vote was postponed
because two members of the Committee were absent, it appears from the discussion at
the hearing that several members of the Committee who were present are not, prepared
to vote for the bill at this time. Senator Foran will reset the bill for hearing in
the near future.
There are two noticeable problems which surfaced during the hearing. First, several
members of the Committee are very reluctant to vote for this legislation because the
Governor is opposed at this time. Local government efforts to pass the bill should
focus on business leaders who recognize the need for SB 290 and the undeniable
transportation funding shortfall. If the Administration can be convinced to consider
the problem on its merits, there is some hope of progress. The second problem is the
less -than -unified position of certain agencies which will directly benefit from the
legislation including COG's and certain counties. Divisive testimony of se\,erai
}
witnesses focused on highly technical and non -substantive issues which can be easily
accommodated. Attention should be redirected to the most important fact that SB 290
S
provides about $670 million in new revenues for transportation in California. At
this point, the author of SB 290 needs to rally all the support that he can get for
x passage of the bill. It is more productive to solve political problems surrounding
the bill than to get lost in details which can always be handled later.
Attached to the Bulletin is a list of dollar amounts which individual cities can
3 expect from the increase in the gasoline tax under SB 290. The figures were
developed by the Legislative Analyst's office.
ki
Several Senators on the Committee indicated that they have riot yet heard from city
officials in their district on the specific local need for SB 290. If you have not
contacted your Senator, please do so immediately. Phone calls from city officials in
support of SB 290 will make a difference. The need for the revenues in SB 290 is
easily documented in virtually all communities in California. When members can
clearly identify the need in their own local jurisdictions, they will become more
willing to vote for the bill in spite of the Governor's position.
Please contact the members of the Senate Transportation Committee and urge a "yes"
vote on SB 290. The members of the Committee are: Foran, Chair; Ellis, dice Chair;
Bergeson, Beverly, Deddeh, L. Greene, Morgan, Robbins, Seymour, Torres, and Vuich.
2 - March 22, .1985
2. SUPPORT Unemployment Insurance: State Mandated Cost. AB 216 (McAlister).
Bill in Assembly Ways and Means Committee - Lmploymer.t Development
Deoar.tment and Finance Seek to Resolve Technical Issues. AB 216
has been temporarily stalled in the Assembly Ways and Means
Committee for about three weeks. This bill implements the provisions of the
Sacramento decision which found the state financially responsible for the state-
mandaLed local costs of the unemployment insurance program. (See Legislative Bulle-
tins 42-1985, #3-1385, #4-1985.) Given legislative inaction to resolve this mandated
cost issue, the author of AB 216 had asked Employment Development Department to waive
the payment required of cities for 60 days. The waiver was requested under the as-
sumption that AB 216 could be proved quickly through the Legislature eliminating en-
tirely the need to make these payments. It now appears that AB 216 will not move as
quickly as first suggested. We believe that the concerns expressed by the Employment
Development Department and the Department of Finance can be eliminated. However, AB
216 will not be passed before the next payment by cities is required.
The League has received a number of phone calls from city officials asking for our
recommendation as to whether_ cities should continue to pay for unemployment insurance
benefits. Given the delay which is taking place with AB 216, we recommend that you
continue to follow the course of action you chose in your jurisdiction for the last
unemployment insurance payments. Most jurisdictions have continued to pay. We
believe AB 216 will eventually pass, however, local governments will be faced with at
least one if not two more billing periods before AB 216 finally reaches the Gover-
nor's desk. EDD indicates that very few city jurisdictions have chosen not to pay
the EDD billing. Continuing to make payments will permit the Legislature to act in
good faith on this issue. Remember that AB 216 contains an appropriation to pay lo-
cal government costs from May of 1984 to the effective date of the bill. It is far
preferable to have a legislative solution to this problem than to seek another remedy
in court.
3. ACT ION School Site Disposition/Naylor Bill Under Attack. Several years
NEEDED ago, the Legislature enacted what is popularly. known as tire
"Naylor Bill," which requires school districts to sell to cities
or park districts at reduced costs the playground and open space
areas of some surplus school sites. Recently, sc,iool districts have learned how to
avoid these requirements by securing waivers from the provisions of the "Naylor
Bill." This effectively means that cities have not been able to obtain these school
sites at a reduced price. Three bills have now been introduced relating to this
subject.
The first is SB 887 (Seymour) which would provide that if the city or a local park
district does not purchase the property pursuant to the Naylor provisions, then the
city may not subsequently zone the property to open space, but must instead zone it
to any zoning classification the school district requests, if that zoning classifica-
tion is the same as or compatible with the uses of property adjacent to she school
site. It therefore removes virtually all zoning discretion from the city and places
zoning control in the school district. Clearly, this is an inappropriate and perhaps
unconstitutional abridgment of municipal police powers.
The second bill is AB 2198 (Felando). AB 2198 would simply repeal the Naylor provi-
sions and require cities to pay full fair market value for any school district prop-
erty they purchased.
The third bill is AB 1978 (Naylor). AB 1978 would prevent school districts from ob-
taining from the state a waiver of the school site disposition provisions of the
Naylor Bill.
March 22, 1985
- 3 -
It is expected that AB 2198 and AB 1978 will be assigned to the Assembly Education
Committee, and that SB 887 will be assigned to the Senate Education Coamittee. In-
terested city officials should contact the mercers of those Committees in support of
AB 1978, and in opposition to AB 2198 and SB 887. The Assembly Education Cortmittee
members are: Hughes, Chair; Bader, Vice Chair; Allen, Bradley, Campbell, elute, Farr,
Hayden, Johnston, Leonard, McClintock, O'Connell, and vasconcellos. Memo _'s of the
Senate Education Committee are: Hart, Chair; Bergeson, Vice Chair; Carpenter, Davis,
Deddeh; Dills, Morgan, Seymour, Stiern, Torres and Watson.
4. OPPOSE
Local_ _Public Agency Employer -Employee Relations: Unfair.- Labor
�
Practices — State Public Emoloyrnt Relations Board. SB 125;
introduced last session (SB 1440 - Torres) and would define
unfair labor practices for the purposes of the Meyers-Milias-Brown Act. The bill
also provides that the party alleging a violation of unfair labor practices can elect
to have that unfair labor practice charge resolved in either Superior Court or by the
State Public Employment Relations Board.
SB 1254 is another attempt by local public employee organizations to extend State
Public Employment Relations Board jurisdiction over cities, counties and special
districts. It is sponsored again by the Peace Officers Research Association of
California. This bill has been defeated twice in the last two years following a very
difficult fight on the floor of the Senate. The primary argument we have used
successfully is that PERB jurisdiction means public employees strikes will be
authorized. The State Public Employment Relations Board has already ruled for school
districts that a strike by employees in response to an unfair labor practice as
defined is legal. California decisional law provides unequivocally that in the
absence of specific authorization, public employees do not have the right to strike.
The bill has not been assigned to a Committee as of yet, however, we fully expect the
bill to be heard in the Senate Governmental Organization Committee.
5. OPPOSE Redevelopment.. Drastic Revisions Are Proposed By Los Angeles
County. SB 1.039 (Montoya). Sponsored by Los Angeles County,
SB 1039. is a determined and misguided effort to destroy the
community redevelopment law as it has been utilized so
successfully in California. It represents the incredible
view that California would be better off without the economic development, job
creation and the removal of blighted structures from depressed neighborhoods which
result from the use of the community redevelopment law. SB 1039 must be opposed
immediately and vigorously by each and every redevelopment agency in the state.
SB 1039 provides the following:
(1) The definition of blight is narrowed to conform to the definition utilized
by UDAG federal regulations. This alone would eliminate most redevelopment
proposals in the future.
(2) The total area included within the project areas in a city may not exceed
25% of the entire area of the city unless approved by the Board of Supervisors.
_ 4 _ March 22, 1985
This, of course, is a completely arbitrary approach which ignores the extent of
real and actual blight in a community, particularly a smaller city.
(3) The county auditor is prohibited, unless directed by the Board of
Supervisors, from allocating or paying any portion of any additional tax
increment revenues which would otherwise be allocated when the total assessed
valuation of the taxable property in all of the project areas in all of the
cities in the county and the agency in the county exceed, in the aggregate, 7%
of the total assessed valuation of all of the taxable property in the county,
subject to any indebtedness incurred prior to January 1, 1986.
(4) The state controller would be required to audit every redevelopment agency
- whose expena?s for staff, salaries, wages and benefits and other administrative
expenses exceed 10% of the tax increment revenue in any given year.
(5) The term of existence of a redevelopment plan could not exceed 25 years,
unless that limitation would impair the rights of holders of bonds.
(6) When a redevelopment plan is adopted, the city would also be required to
adopt an ordinance which contains a finding that the agency and the city council
have considered and rejected the levy of benefit assessments within the project
area and the rationale for rejecting the utilization of benefit assessment-__
SB 1039 (Montoya) is unjustified and unnecessary following the adoption of "reform"
redevelopment legislation in each of the last two years. We strongly urge you to
direct your opposition letters to the Senate Local Government Committee. The members
are: Marks, Chair; Vuich, Vice Chair; Ayala, Campbell, Craven, Garamendi and
Russell.
6. OPPOSE Mandatory Redevelopment Set -Aside for School Districts. AB 1473
Stirling). The only mandatory expenditure of redevelopment
tax -increment funds in current law is the obligatory 20% set-aside
for low and moderate income housing, unless certain fundings
related to an absence of need can be made. This bill, AF. 1473, would require, upon
the request of a school district, that every redevelopment plan adopted after January
1, 1986, mandatorily expend on school buildings and improvements the "amount of
property tax revenues which would have been received by the school district" without
any diversion of tax -increment revenues to the redevelopment agency. While appealing
to educators, AB 1473 represents the "impossible dream." It amounts to spending the
same money twice. Unfortunately, it isn't possible to both redevelop a blighted
area, repay tax --allocation bonds, increase the area's assessed- valuation through
rehabilitation and new construction and provide schools with their full share of the;
growth of tax -increment revenues. AB 1473 is based on the myth that growthin
redevelopment project areas would take place without redevelopment activities and
that such growth is not dependent upon the expenditure of tax -increment revenues.
Letters of opposition should be sent to the author and to the members c. -he Assembly
Revenue and Taxat:�:: Committee. The members are: Hannigan, Chair; Dennis Brown, Vice
Chair; Cortese, Davis, Floyd, Hayden, Johnston, Klehs, Lewis, McClintock, Molina,
Seastrand, and Sher.
_ 5 - March 22, 1985
City Reidmbursr_ _n` � 1R'i3." O' : ')f r ` • , ; rifi`� P !Y.1°L ty Tax
:iC7llnistr3tiOn. i' t / 1_ ( +r+ l.:. J' �i_r J ---�-3 ?'Y-1 3B 582
r:•? r? r.e nn r, yr 'X'i;!?C^ 3/. ?'/�•�l+:eS %:�
cities,
school districts, cor=- unity !:'�>i.i%'r;es 3!;ri ': fir"4=1: 'i1 stYi :iy the
coum--y' s total property tax administration C . ...-.. r.Y. ,ls Jr^vV1: -
cnxy
wi. less than 200,00() population may wit:;hol.: vac casts of or0perty tax
3 .._3tr3:.iOn from cities, schools, corr unity XX:!cial d1strictS. he
opposes these two measures vigorously tax administration
clearly a courtywicje function which has historically :fen most �ca�itabl;� z�:rrtrj b;,(
a count,r4ide tax. If the cost of this service is to %y * ? taxer: f"rs of the
individual local agencies and school district.. /lt t:.1 the _,+:nty, t:+en thr'se
taxpayers ought to receive a credit against r_hF•i r county taxes, inas nt;cn as
unincorparater? area taxpayers aren't being asked to pay _or this serV;.cA_ t:,•ty!p.
,Moreover, it should be pointed out that the current percentage allocation of property
tax revenues to counties follewi.ng Proposition 13 is based upon the counties' average
share of the property tax actually levied and received in the last three years before
Prop. 13. This allocation includes the countywide cost of property tax
administration. If such a cost is to be shifted to cities and special districts,
then the counties' share of the property tax ought to be reduced corresoondingiv.
SB 582 and AB 1954 will be assigned to their respective Revenue and Taxaticn
Cormittees in the Senate and Assembly. Letters of opposition to the authors as well
as CorBmittee members are encouraged.
3. OPPOSE Redevelooment. Reimbursement to County for Costs. r?, 117
(Frazee). Current law now requires a redevelopment agency to
reimburse the county for the so-called "section 33328" reoart,
which provides the basic fiscal data upon which the agency's
future financial costs can be estimated. AB 117, which is sponsored by San Diego
County, `,could extend thy- concept of reimbursement to the county's coat for property
tax administration.
The League opposes AB 117 because counties may now recover their costs (and .ire)
through the negotiation of a tax -sharing agreement.
Many of the agency's demands on a county are in fact the result of state law and are
beyond the agency's control. County administration of taxer, is an historic function
which has long been included in the county's share of the property tax.
Redevelopment agencies should not be singled out to'pay for these costs.
Letters of opposition to AB 117 should be directed to the author and the Assembly
Local Government Committee. The members are: Cortese, Chair: Lancaster, Vice Char;
Bradley, Bronzan, Calderon, Eaves, Frazee, Hauser, Mountjoy, and Robinson.
0. OPPOSE Restrictions on Local Investments. sB 115 (Marks). Late last
week the League's Revenue and Taxation Ccm mittee voted to oppose
SB 115 both as introduced (10% limit on long-term security
investment categories) and as it may be amended (5 year average
maturity limitation, basad on the agency's dollar -weighted average maturity). The
League is asking the author to drop SB 115 in either of there two forms because there
is no statewide evidence that a need exists to adopt still additional restrictions on
local government investment practices. AB 1073 (Cortese) of 1984 has just taken
March 22, 1985
- 6 -
. effect and its full disclosure requirements should be allowed to cpe rate.
10. OP?'USE The Oakland Raider Bill Introduced Again. SB 717 and SCA 13 (Mon-
tova). These bills which resemble AB 1585 of last year prohibit
a city from condemning the following properties if the purpose is
to prevent relocation: theaters, hospitals, taxi companies,
marinas, sports franchise, cable television companies and amusement parks.
This prohibition would apply regardless of whether there is a bona fide public pur-
pose in exercising eminent domain to take one of these properties. The bills should
be opposed on three ground's. First, they limit cities' eminent domain powers in
areas where there is no evidence of abuse, and without regard to any bona fide public
purpose. Second, they increase litigation potential by introducing motive for a con-
demnation into the lawsuit. Third, the application of the bill to cable television
probably violates Article XI, Section 9 of the State Constitution.
SB 717 has been assigned to the Senate Local Government Committee. City officials
should contact members of the Committee and urge a "NO" vote on the bill. Members of
the Committee are: Marks, Chair; Vuich, Vice Chair; Ayala, Campbell, Craven, Garamen-
di, and Russell.
11. OPPOSE Brown Act Amended to Include Non -Profit Organizations. SB 1356ev
(Keene). under current law, private non-profit organizations that
receive monies under the Economic Opportunity Act of 1964 are sub-
ject to the Brown Act. SB 1356 would extend the Brown Act's'
coverage to all private non-profit organizations that receive public money to be ex-
pended for public purposes pursuant to any federal law. The bill could potentially
make all local civic organizations subject to the Brown Act, together with all of its ;
notice requirements and open meeting requirements. It would in particular restrict
economic development organizations, since they could no longer negotiate privately k,{
with companies which are considering relocating. SB 1356 has been assigned to the°
Senate Local Government Committee for hearing. Interested city officials should con-
tact the members of that Committee in opposition to the bill. The members are:
Marks, Chair; Vuich, Vice Chair; Ayala, Campbell, Craven, Garamendi, and Russell.
12. OPPOSE Limitations on City Annexa. -ions and Incorporations. S33 1051 ti
(Lockyer). SB 1051 would prohibit the incorporation or annexation
of property if the area involved in the incorporation or annex- §'
ation is more than 50% government-owned. The prohibition is
absolute without regard to the appropriateness of the incorporation or annexation.
The bill arbitrarily removes all discretion from LAFCOs, without regard to the merits `
of a proposal. SB 1051 has been assigned for hearing to the Senate Local Government
Committee, and interested city officials should write the members of that Committee s
in opposition to the bill. The members are: darks, Chair; Vuich, Vice Chair, Ayala,
Campbell, Craven, Garamendi, and Russell.
- 7 - March 22, 1985
13. REVIEW AND Sales and Use Taxatio:i. Place of Sale. AB 724 (Campbell). Under
C01SMENT the current state and local sales and use tax law, the incidence
of the retail sale is generally considered to be the place of
business of the retailer. This bill instead provides that the
incidence of the retail sale will be where the tangible, personal property which is
sold is physically located at the time of sale. This bill has the potential for
changing sales tax allocations between cities. It is very difficult to assess the
possible sales tax shift which the bill may cause.
We ask for your review and comment on AB 724. Please direct your comments to Dwight
Stenbakken of the League staff.
14. REVIEW AND Sales Tax. Direct Payment Pennits. SB 418 (Beverly) Passes Senate
COt•MNT Revenue and Taxation Coimnittee. Under existing law, the sales and
=`
use tax is imposed on retailers for the privilege of selling tan -
Bible, personal property. Generally, consumers pay the sales
and use tax to the retailer but it is the retailer, not the consumer, who is liable
4.
for the tax. This bill authorizes the Board of Equalization to establish a procedure;_
for the issuance of a direct payment permit so that consumers who are issued permits
}
will. pay the retailer's sales tax liability directly to the Board of Equalization.''
The Board is permitted to issue a direct sales permit if the following conditions are
met:
(1) The consumer agrees to pay the tax liability of the retailer directly to the
Board;
(2) The Board determines that a direct payment permit would ease the collection
C
of tax;
(3) The Board determines that a direct payment permit would increase the con-
venience of the Board( the consumer and the retailer.
We ask finance officers to review this bill and give us any thoughts you may have as
to any possible. sales tax shift between cities. Please direct your comments to
Dwight Stenbakken on the League staff.
15. INFORMATION Increases in Budget for the State ABC. SB 927 (Seymour).
REQUESTED SB 927, would increase funding of enforcement officers for the
state's Alcoholic Beverage Control Board. The ABC today has fewer
enforcement officers than when it was first formed in the 19501s.
SB 927 would place a 15% surcharge on all alcoholic beverage control licenses, and
would create a special fund with the monies obtained from that surcharge, which would
be used to employ: attorneys, investigators; and support staff. The staff would all
be used for enforcement of the alcoholic beverage control laws. We request that city
officials supply Senator Se�,mour and the League with information describing problems
which they are having with alcoholic beverage licensees which could be prevented or
curtailed if the A3C had a better staffed enforcement division.
March 22, 1985
- 8 -
16. REVIEW Procerty Taxation: Prooerty Transfer Exemption_ ACA 62
A14D (Hannigan) and AB 6; (Hannigan). Assembly Revenue and Taxation
COMMENT Commitee Passes Bills Exempting Property Transferred Between Parents
and Children from Charge of Ownership Reassessment. This
proposed Constitutional Amendment and accompanying implementation legislation exempts
transfers of real property between parents and children from change of ownership
reappraisal for tax purposes thereby preventing higher property taxes when property
is transferred within "the family." This bili is in large part a response to
arguments made by the proponents of Proposition 36_ They argued that the current law
was unfair because parents could not transfer property to children without having the
property reassessed at a higher market value. ACA 62 takes away that argument from
the Jarvis supporters. The Assembly Revenue and Taxation Committee staff estimates a
revenue loss of between $5 and $20 million per year.
The bill will be heard next in the Assembly Ways and Means Committee.
17. REVIEW AND dying of Dogs by Pounds. AB 1663 (Campbell). Current law
COMMENT generally requires pounds to have cats spayed or neutered before
they are given away. AB 1663 would require that dogs over six
months of age also be spayed or neutered before they are given
away and provide that puppies under six months of age could not
be given away unless a fee covering the cost of spaying or neutering was deposited
with the pound. We would appreciate receiving comments from interested city
officials regarding "lie merits of this bill.
18. Changed Status of Bills Previously Reported.
(a) SB 198 (Montoya). Transient Occupancy Tax on Time -Share Estates. SB 198 was
heard by the Senate Revenue and Taxation Committee this week and was defeated. (See
Legislative Bulletins of February 22 (#6-1985) and March 15 (49-1965) for additional
details.)
(b) AB 512 (Floyd). Union Veto of PERS Contract Amendments. Opposed by the League
and described in Legislative Bulletins of February 22 (#6-1985) and March 15
09-1985), this bill was originally set for hearing on March 20 in the Assembly
Public Employees and Retirement Committee. Because of the author's absence from
Sacramento last Wednesday, the bill was held over.
(c) AB 190 (Floyd) and AB 525 (W. Brown). Mandatory Peace Officers Time Bank.
Originally set for hearing in the Assembly Public Employees iiild Retirement Committee
on March 20, these bills were also held over this week due i-.:> the absence of their
authors.
9 - March 22, 1985
19. Mandatory ?(!t1rF,r;ynt Arlo for P.)bl.lr Safety The mational
Lpaque, of Cities, will be filing rin amicus curiae brief on a case
F>,ndinq 1-x2for,> the f1. S. 5uprerrr- "ourt, F01timore v. Firefighters.
The case affects the ?jestion of manda-1-ory retirement ages for
public safety officers. Previously, the SupreTK-- Court ruler] that ,mandatory
retirement ages for state germ wardens were r]iscriminatory andin 'irect violaticn of
theAge Discrimination in Employment Act. The n.ilin:] did not effect federal
mandatory retirement ages because the Age Discrimination in f;npIoyment Act
specifically exempts federal public safety officers from the Act. in the Ba I tiTx)rp_
case, the appellate court said in effect that if Congress provided an exemption for
its own public safety officers, this amounted to a bona fide occupational
qualification which also applied to state and local gurernments. This r -ming was
favorable to local governments in that it finally recognized the 6 --finita double
standard which Congress has maintained for federal public safety officers and local
public safety officers.
Since the Supreme Court ruled that mandatory retirement provisions in state and local
governments are subject to the ADEA, the Equal Empluyrnent Opportunity Commission has
investigated many California Cities seeking large amounts of information, charging
violation of federal law, and holding conciliation meetings on the issue of potential
mandatory retirements which may occur for public safety officers. The EZ0C has
persisted in forcing local governments to stop mandatory retirements even when most,
if riot all, cities contacted are members of the State .public Employees Retirement
System where mandatory retirement ages are set by the State Legislature.
'Phe National League of Cities is seeking information for the amicus curiae brief.
The information needed includes the following:
1. The time and money expended by local governments to respond to EEOC letters
of violation and demands for information; and the time and money to support
local government claims in any conciliation hearings on this issue.
2. Any cities where direct legal action has been taken by EEOC against the
city.
3. A pi ojection of the cost to local government if mandatory ace retirements
are finally eliminated. This means a detailing of the cost to review each
employee on a case-by-case basis to determine if that es-aPloyee is qualified to
continue in a safety job.
During the last three or four years, scores of cities have received letters of
violation from EEOC commencing an investication, urging a conciliation conference and
threatening litigation. We hope every city so contacted will bring this informaticn
to Don Jones's attention.
The information which you compile should be sent directly to the National Leaq e of
Cities office in care of Don Jones. Don will be coordinating the efforts on this
amicus brief for the National League of Cities. The address for the National League
of Cities is 1301 Pennsylvania Av=,nue, N.W., Washington, D.C. 20004.
-10- March 22, 1985
GAS TAX ALLOCATIONS
Legislative Analyst
1984-85 SB290
Allocations Allocations
ALAMEDA
Alameda
$ 971382
S 1671179
Albany
202409
341657
Berkeley
1378811
2375605
Dublin
249081
422041
Emeryville
56016
88550
Fremont
1853099
3195628
Hayward
1278521
2202209
Livermore
675278
1159227
Newark
464245
794360
Oakland
4543064
7846459
Piedmont
140700
234966
Pleasanton
499547
855396
San Leandro
861555
1481292
Unicn City
597989
1025598
ALPINE
A.MtNDOR
Amador City
6250
3168
Ione
32848
54518
Jackson
35248
59181
Plymouth
12917
15778
Sutter Creek
24777
38830
BUTTE
Biggs
23859
32000
Chico
399657
662962
Gridley
60464
93459
Oroville
136570
221241
Paradise
322781
533889
CALAVERAS
Angels
30586
51372
COLUSA
Colusa
48606
96741
Williams
22746
39633
CONTRA COSTA
Antioch
576166
1039256
Brentwood
67887
114750
Clayton
59716
99886
Concord
1292674
2342510
Danville
633315
1143204
E1 Cerrito
290299
.519293
Hercules
94266
162729
Lafayette
321805
576600
Martinez
315255
564685
Moraga
189399
335767'
Pinole
183007
324141
Pittsburg
478321
861286
Pleasant Hill
340135
609940
Richmond
948002
1715587
San Pablo
265000
473277
San Ramon
410560
.738035
Walnut Creek
737000
1331797
DEL NORTE
Crescent City
EL DORADO
Placerville
South Lake Tahoe
FRESNO
Clovis
Coalinga
Firebaugh
Fowler
Fresno
Huron
Kerman
Kingsburg
Mendota
Orange Cove
Parlier
Reedley
Sanger
San Joaquin
Selma
GLENN
Orland
Willows
HU14BOLDT
Arcata
Blue Lake
Eureka
Ferndale
Fortuna
Rio Dell
Trinidad
IMPERIAL
Brawley
Calexico
Calipatria
E1 Centro
Holtville
Imperial
Westmorland
INYO
Bishop
KERN
Arvin
Bakersfield
California City
Delano
-2-
1984-85
SB290
Allocations
Allocations
51900
?3800
109869
159672
322501
482805
447887
836137
92902
166254
52670
90334
37475
61660
3179764
5991377
46415
78530
52611
90223
73330
19322
76653
135592
56290
97164
76251
134832
157045
287297
165654
303542
29764
47109
157553
288255
53963
100111
60385
113188
188040
327242
20695
28387
312310
549173
23694
33743
104955
178863
39502
61973
9911
9128
197578
387673
187246
366896
34829
60387
301801
597266
56468
103904
46214
83284
24508
39633
51527
77549
82832
166120
1364252
2894072
36133
66703
199400
414274
-3-
z.'
1984-85
SB290
Allocations
Allocations
Maricopa
17295
26600
McFarland
68608
135837
Ridgecrest
237117
494568
Shafter
82676
165786
Taft
67329
133115
Tehachapi
50243
96741
Wasco
118117
241236
KINGS
Avenal
55187
97611
Corcoran
84909
155186
Hanford
274696
522841
Lemoore
127865
238401
LAKE
Clearlake
152447
296244
Lakeport
48377
87434
LAS S EN
Susanville
88481
148490
LOS ANGELES
A;oura Hills
259599
450829
Alhambra
877451
1544021
Arcadia
604527
1061125
Artesia
186812
322042
Avalon
33808
51326
Azusa
426488
746113
Baldwin Park
715632
1257708
Bell
345542
602890
Bellflower
713652
1254204
Bell Gardens
462144
809201
Beverly Hills
426325
745823
Bradbury
15546
19013
Burbank
1108324
1952515
Carson
1L071319
1887041
Cerrites
701266
1232290
Claremont
436755
764279
Commerce
154687
265203
Compton
1102660
1942496
Covina
539610
946264
Cudahy
249534
433019
Culver City
496337
869699
Downey
1058353
1864100
Duarte
251224
436009
E1 Monte
1126322
1984360
1-:1 Segundo
186005
320614
Gardena
604843
1061683
Glendale
1859491
3281591
Glendora
510816
895318
Hawaiian Gardens
149101
255237
Hawthorne
751376
1320951
Hermosa Beach
238637
413739
z.'
--4-
f
1984-85
SB290
Allocations
Allocations
Hidden Hills
0
0
Huntington Park
621555
1091253
Industry
13717
15778
Inglewood
1247289
2198395
Irwindale
18068
23476
La Canada Flintridge
259146
450026
La Habra Heights
68090
111982
Lakewood
949532
1671558
La Mirada
522521
916028
Lancaster
683293
1200489
La Puente
406586
710898
La Verne
331137
577403
i
Lawndale
319648
557075
i
Lomita
249812
2
43351
3
Long Beach
4740402
8378920
j
Los Angeles
39209309
.69366353
Lynwood
658383
1156415
1
Manhattan Beach
434939
761064
Ma}7aood
299644
521682
Monrovia
408238
713821
Montebello
714092
1254984
;t
Monterey Park
743670
1307317
Norwalk
1090527
1921027
Palmdale
222052
384394
Palos Verdes Estates
188779
325523
Paramount
503513
882396
Pasadena
1582166
2790907
Pico Rivera
715581
1257618
Pomona
1327657
2340592
Rancho Palos Verdes
623459
1094623
Redondo Beach
782441
1377031
Rolling Hills
0
0
Rolling Hills Estates
102485
172839
Rosemead
575014
1008906
San Dimas
341303
595391
San Fernando
242787
421081
San Gabriel
403610
705632
San Marino
176519
303831
Santa Fe Springs
192500
332107
Santa Monica
1179458
2078377
Sierra Madre
141482
241838
-Signal Hill
97440
163972
South El Monte
234021
405571
South Gate
940072
1654820
South
301523
525005
-Pasadena
Temple City
390870
683091
Torrance
1703094
3004871
Vernon
5935
2009
F,
Walnut
196335
338891
West Covina
1128466
1988154
f
West Hollywood
Westlake Village
Whittier
MADERA
Chowchilla
Madera
MARIN
Belvedere
Corte Madera
Fairfax
Larkspur
Mill Valley
Novato
Ross
San Anselmo
San Rafael
Sausalito
Tiburon
MARIPOSA
MENDOCINO
Fort Bragg
Point Arena
Ukiah
Willits
MERCED
Atwater
Dos Palos
Gustine
Livingston
Los Banos
Merced
MODOC
Alturas
MONO
Mammoth Lakes
MONTEREY
Carmel -By -The -Sea
Del Rey Oaks
Gonzales
Greenfield
King City
Marina
Monterey
Pacific Grove
Salinas
Sane. City
Seaside
Soledad
-5-
I QRL -AS
5-IQRL-R5
868294
1.48432
892346
65477
270246
36887
118916
103574
158995
178093
601309
42233
166065
602178
106167
122993
78012
10664
171229
60172
224632
45686
44493
71908
138645
508746
40315
101342
60655
23119
43011
59641
80739
318333
343992
192394
1022108
7020
400156
75910
1--'
SB290
Allocations
1527820
254135
1570376
127380
557253
53580
190556
164937
257481
289370
996074
62507
269288
997526
169267
197363
125371
10043
284998
94820
423557
78776
76477
129298
257884
970969
74401
155653
106962
35081
73175
105020
148111
611123
649552
359242
1948141
4331
831672
138693
I`
1.
-6-
-
i'
l
1984-85
SB290
Allocations
Allocations
s!
NAPA
55116
90357
Calistoga
674092
1201917
:.
Napa
68562
114504
E
St. Helena
42913
b8444
t
Yountville
NEVADAF
105181
181027
r
m
Grass Valley
36236
56638
Nevada City
e-:
ORANGE
3043137
5200051
Anaheim
418358
707796
'-
Brea
851710
1449470
Buena Park
1128045
1922411
Costa Mesa
556950
944994
is
Cypress
72299
1229166
Fountain Valley
1398853
2385893
Fullerton
1685255
2876063
£
Garden Grove
2351705
401 6679
€
Huntington Beach
995896
1696240
Irvine
2+5617
412154
Laguna Beach
;,23579
1059028
La Habra
212146
354868
J.
La Palma
157161
260764
Los Alamitos
865466
1473013
Newport Beach
1272152
2169047
Orange
491403
832811
Placentia
388877
657341
San Clemente
283574
477117
San Juan Capistrano
2911847
4975352
Santa Ana
348821
588786
Seal Beach.
346291
584455
Stanton
529881
898665
Tustin
98042
159581
Villa Park
949658
1617105
Westminster
444201
752026
Yorba Linda
A°
PLACER
108459
180580
`
Auburn
17815
22673
Colfax
67326
108924
Lincoln
110483
184108
Loomis
113776
189843
Rocklin
357973
615252
Roseville
PLUMAS
25494
43850
Portola
RIVERSIDE
210613
351074
Banning
103795
168865
Beaumont
103834
168932
Blythe
City
202293
336882
a`
Cathedral
Escondido
Imperial Beach
La Mesa
Lemon Grove
National City
Oceanside
Poway
San Diego
San Marcos
Santee
Vista
SAN FRANCISCO
San Francisco
SAN JOAQUIN
Escalon
Lodi
Manteca
Ripon
Stockton
Tracy
SAN LUIS OBISPO
Arroyo Grande
Atascadero
E1 Paso De Robles
Grover City
Morro Bay
Pismo Beach
San Luis Obispo
SAN MATEO
Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster City
Half Moon Bay
Hillsborough
Menlo Park
Millbrae
Pacifica
Portola Valley
Redwood City
San Bruno
San Carlos
San Mateo
So. San Francisco
Woodside
5M
1984-85
SB290
Allocations
Allocations
938440
1661738
304236
532951
661936
1169602
278182
486578
69025
1219970
1097399
1944660
647217
1143405
11965173
21287654
254810
444980
754410
1334206
530712
936044
8453881
15775803
48129
76521
503610
880924
372219
648881
60311
98035
2142159
3774684
278674
483676
160735
283725
227947
401,018
147490
259625
123327
215661
122531
214212
75728
129053
451487
812749
109467
175917
331360
548861
45084
67708
360013
597021
14506
16312
2092135
1827524
361141
598916
330338
547144
104783
168196
148622
241727
382784
635293
275860
455580'
495178
824196
59862
92545
759307
1268128
475049
790365
347094
575306
1079481
1806256
687675
1147733
76592
120663
SANTA BARBARA
Carpinteria
Guadalupe
Lompoc
Santa. Barbara
Santa Maria
SANTA CLARA
Campbell
Cupertino
Gilroy
Los Altos
Los Altos Hills
Los Gatos
Milpitas
Monte Sereno
Morgan Hill
Mountain View
Palo Alto
San Jose
Santa Clara
Saratoga
Sunnyvale
SANTA CRUZ
Capitola
Santa Cruz
Scotts Valley
Watsonville
SHASTA
Anderson
Redding
SIERRA
Loyalton
SISKIYOU
Dorris
Dunsmuir
Etna
Fort Jones
Montague
Mt. Shasta
Tulelake
Weed
Yreka
SOLANO
Benecia
Dixon
Fairfield
Rio Vista
Suisun
-9-
1984-85
SB290
Allocations
Allocations
148405
251501
60165
96963
370745
640894
988870
1723442
599608
1041711
453571
7.51089
512573
849838
345382
570018
386544
638908
107603
172036
376663
622371.
556174
922812
51015
77348
259020
425476
828808
1379107
756380
1257886
9122381
15259701
1205524
2009600
405157
670061
1496958
2497361
130437
211847
583366
975566
101836
163620
337453
560912
106452
164715
660997
1063289
15820
25038
15696
19481
32920
50277
.14399
17162
11590
12139
22324
31331
40933
64604
15309
18789
41670
65921
88988
150522
238484
426547
116189
203320
792425
1437664
45268
73867
169995
301533
-10-
1934-85 SB290
Allocations :allocations
Vacaville
595014
1077326
Vallejo
1079280
1961264 =
SONOMA
Cloverdale
58036
95021
Cotati
54922
89464
Healdsburg
101119
171922 _
Petaluma
460330
813085
Rohnert Park
342831
603358
Santa Rosa
1153970
2051175
Sebastopol
79602
133515
Sonoma
90567
153087
STANISLAUS
Ceres
212360
364063
Hughson
44164
69046
Modesto
1567860
2741631
Newman
47930
75651 _
Oakdale
121430
204570 _-
Patterson
63783
1.03457
Riverbank
84140
139163
Turlock
408812
708643
Waterford
42205
65609
SUTTER
Live Oak
48650
82660
Yuba City
247264
457055 --
TEHAMA
67556
114972
Corning
Red Bluff
136086
240521
Tehama
9453
8524
TRINITY
TULARE
Dinuba
135072
f
236260
Exeter
79601
135659
Farmersville
78777
134164
Lindsay
97136
167460 -
Portervilie
291148
519317
Tulare
317135
566446
Visalia
706093
1271857
Woodlake
71161
120351
TUOLUMNE
60809
92232
Sonora
VENTURA
Camarillo
533662
946755
Fillmore
133148
229766
Moorpark
171293
298052
Ojai
97371
165719
J.
Oxnard
1513987
2701709
Port Hueneme
252371
443195 _
San Buenaventura
1050421
1871844
Santa Paula
Simi Valley
Thousand Oaks
YOLO
Davis
Winters
Woodland
YUBA
Marysville
Wheatland
.w..
-ll-
;l,
1984-85
SB290
Allucatiuns
AllucatioiIs
282363
496887
1057763
1884988
1173970
2093019
474172
864387
42063
68622
400472
727925
149205
233159
27176
36129