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HomeMy WebLinkAbout2009-05-19; City Council; 19819; Opposing the State's ongoing seizure of fundsCITY OF CARLSBAD - AGENDA BILL 8 AB# 19,819 MTG. 05/19/09 DEPT. CM Council Resolution Against State Seizure of Local Tax Funds and Continued Adoption of Unfunded Mandates DEPT. HEAD W CITY ATTY. rf$& CITYMGR. ,. ^(/A-^ RECOMMENDED ACTION: Adopt Resolution No. 2009-118 declaring that the City will experience fiscal hardship if the state seizes local tax funds and continues the adoption of unfunded mandates. ITEM EXPLANATION: On May 5, 2009 the State Department of Finance announced it had proposed to the Governor that the state "borrow" over $2 billion in local taxes from cities, counties and special districts to balance the state budget, causing deeper cuts in local public safety and other vital services. This proposal creates undue hardship on local services and does not address the State's urgent need to balance its own expenditures and revenues in order to create a fiscally responsible state government. The City Council resolves that the State leave local property tax, redevelopment tax increment, and Prop. 42 transportation sales taxes funds intact and refrain from continuing to adopt unfunded mandates that further impact local governments. FISCAL IMPACT: $4,500,000 is the estimated loss of funds from all sources that the State could take from the City of Carlsbad. This amount has been included in the ten year forecast that was previously presented to Council. EXHIBITS: 1. Resolution against the State's proposal to seize local tax funds and continue unfunded mandates. RESOLUTION NO. 2009-118 DEPARTMENT CONTACT: Rob Houston 760-434-2958 rhous@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED 4 D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Exhibit 1 1 RESOLUTION NO. 2009-118 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, OPPOSING STATE SEIZURE 3 OF LOCAL TAX FUNDS AND CONTINUED ADOPTION OF 4 UNFUNDED MANDATES 5 WHEREAS, the current economic crisis has placed cities under incredible 6 financial pressure and caused city officials to reopen already adopted budgets to layoff 7 city workers, slash programs, and reduce services to keep spending in line with8 9 declining revenues; and !0 WHEREAS, since the early 1990s the state government of California has seized 11 over $8.6 billion of city property tax revenues statewide to fund the state budget even 12 after deducting public safety program payments to cities by the state; and 13 WHEREAS, in FY 2007-08 alone the state seized $895 million in city property 14 taxes statewide to fund the state budget after deducting public safety program 15 payments; and 16 WHEREAS, the most significant impact of taking local property taxes has been to 17 reduce the quality of public safety services cities can provide since public safety 18 comprises the largest part of any city's general fund budget; and 2Q WHEREAS, in 2004 the voters by an 84% vote margin adopted substantial 21 constitutional protections for local revenues, but the legislature can still "borrow" local 22 property taxes to fund the state budget; and 23 WHEREAS, on May 5 the Department of Finance announced it had proposed to the Governor that the state "borrow" over $2 billion in local property taxes from cities, 25 counties and special districts to balance the state budget, causing deeper cuts in local 26 public safety and other vital services; and 27 28 1 WHEREAS, in the past the Governor has called such "borrowing" proposals 2 fiscally irresponsible because the state will find it virtually impossible to repay and it would only deepen the state's structural deficit, preventing the state from balancing its budget; and 5 WHEREAS, the Legislature is currently considering hundreds of bills, many of 6 which would impose new costs on local governments that can neither be afforded nor 7 sustained in this economic climate; and8 WHEREAS, state agencies are imposing, or considering, hundreds of regulations imposing unfunded mandates on local governments without regard to how local 11 agencies will be able comply with these mandates while meeting their other 12 responsibilities; and WHEREAS, the City Council finds that our city simply cannot sustain the loss of 14 any more property tax funds or to be saddled with any more state mandates as they will only deepen the financial challenge facing our city. 16 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 18 Carlsbad, California, as follows: 20 1 - That the above recitations are true and correct. 21 2. That the seizure of City funds places a financial hardship upon the City of 22 Carlsbad. 23 3. That the City of Carlsbad opposes the state government's ongoing seizure 24 of city property tax funds. 25 26 27 28 1 4. That the state legislature and agencies must stop adopting unfunded 2 mandates without any consideration for the economic hardships such mandates impose on cities and their residents; and 4 5 5. That the City Council strongly and unconditionally opposes the May 5 6 proposal of the Department of Finance and any other state government proposals to borrow or seize any additional local funds, including the 9 property tax, redevelopment tax increment, and the city's share of the 10 Prop. 42 transportation sales tax; and 11 6. That the City Council strongly urges the state legislature and Governor to 12 suspend the enactment of any new mandates on local governments until 13 such time as the economy has recovered and urges the state to provide 14 complete funding for all existing and any new mandates. 15 7. That the City Clerk shall send copies of this resolution to the Governor16 Arnold Schwarzenegger, our state senator Mark Wyland, our state lg assembly Martin Garrick and the League of California Cities. 19 // 20 // 21 // 22 // 23 24 25 26 " 27 " 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of May, 2009, by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Council Member Kulchin. JLAUDE'A LEWIS, Mayor ATTEST: .ORRAINE M. WOOD, City Clerk (SEAL)