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CC - Item 5A - Adopt Resolution No. 2023-15 Opposing the Taxpayer Protection and Government Accountabliity Act Ballot MeasureROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: MARCH 14, 2023 SUBJECT: ADOPT RESOLUTION NO. 2023-15 OPPOSING THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT BALLOT MEASURE SUMMARY The City Council will consider adopting a resolution in opposition to the Taxpayer Protection and Goverment Accountability Act, a California Business Roundtable (CBRT) initiative which has qualified for placement on the November 5, 2024, general election ballot. The measure, if approved, would amend the California Constitution to restrict the ability of the state, counties, other local agencies, and the electorate to approve or collect taxes, fees, and other revenues. Therefore, it is recommended that the City Council adopt Resolution No. 2023-15 opposing the Taxpayer Protection and Government Accountability Act ballot measure. The California Business Roundtable (CBRT) has sponsored a proposed constitution initiative to restrict voters' input and local taxing authority. The CBRT is an association comprised of the largest corporations in California. Upon review of filed documentation, the Attorney General issued the title and summary on February 3, 2022, for what is now commonly referred to as the Taxpayer Protection and Government Accountability Act (AG# 21-00421A1). This action then allowed the initiative's proponents to start the signature gathering process. On February 1, 2023, the California Secretary of State's office verified the signatures and qualified the measure for the November 2024 ballot. In 2017, a similar initiative was proposed, and signatures were gathered in 2018 for what at the time was referred to as the "Tax Fairness, Transparency and Accountability Act" (AG# 17-0050 Amendment #1). At the time, proponents aimed to qualify the initiative for the November 2018 ballot. Much like the initiative being proposed now, the measure would have drastically limited local revenue authority. Through the successful work and advocacy of the League of California Cities and a broad coalition of organizations, the measure's proponents withdrew the initiative from the ballot in June 2018. Similarly, these advocacy groups strongly oppose the Taxpayer and Government Accountability Act. AGENDA ITEM 5.A City Council Meeting March 14, 2023 Page 2 of 5 Prior ballot initiatives approved by California voters such as Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010) already limited state and local governments abilities to create new taxes or increase existing ones. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority. THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT The Taxpayer Protection and Government Accountability Act would amend the California Constitution to restrict the ability of the state, counties, other local agencies, and the electorate to approve or collect taxes, fees, and other revenues. It would require voter approval of all state taxes, would further restrict local fee authority by limiting it to the "minimum amount necessary" to provide government services, and would require voter approval for local measures such as franchise fees. Its provisions would make it easier to challenge local revenue measures by increasing the burden of proof on local agencies while disallowing an agency's characterization of a measure from being considered by the court. The following summarizes the impact of the measure on local government entities. Taxes • For State and local governments, it broadens the definition of tax to include some current fees charged by the state and local governments to users of certain services. By changing a fee to a tax, said new tax will now have to be approved by 2/3 of the members of a legislative body and a majority of the voters participating in the general election. • Taxes and fees adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted. • Approval of local general and special taxes: o A tax proposed by an elector or governing body must be first approved by 2/3 majority vote of the governing body. o For general purpose taxes, it requires the same as above and approval of a majority of voters. o For special taxes, which proceeds are for specific purposes, the initiative requires that it must also be approved by a 2/3 majority vote of the governing body and a 2/3 voter majority. o It also mandates that the approval of a tax increase ordinance be placed on a general election and not be submitted to the voters in a special election unless the local legislative body unanimously declares an emergency and approves the placement of the measure. Voters could still place a tax measure for voters' consideration and will only require the approval of a majority of the voters participating in the election. • The initiative will require tax measures to identify the duration of the tax and any sunset date, the amount of revenues expected to be raised, and the specific uses of those revenues. City Council Meeting March 14, 2023 Page 3 of 5 If the tax revenues are to be used for general purposes, then the measure must explicitly indicate that revenues will be used for "unrestricted general revenue purposes." These requirements will apply to state and local taxes. • Any subsequent changes to the purposes of revenues collected via state taxes will have to be approved by a 2/3 majority vote of a legislative body and a majority vote of the electorate. For local governments, a 2/3 majority approval of the local legislative body and 2/3 voter majority approval will be required. Fees For increasing state and local government fees, the initiative also proposes raising the approval threshold. Specifically: o For the state, any increases of fees will require a 2/3 majority vote of the Legislature, and state departments and agencies will no longer be able to increase fees via an administrative decision. o For local government, any increases of fees will require a 2/3 majority vote of a local legislative body. The measure also provides for the repealing of locally adopted fees via referenda. Fees approved after January 1, 2022, and the effective date of the measure would need to meet such approval threshold within 12 months; otherwise, they would be invalidated until the fees are reenacted following the requirements of this initiative. • For some new and existing fees, the measure requires the fee to "be reasonable" and closely reflect the actual costs to the state or local government. If a fee payer challenges the cost of the fee, state and local governments will be required to provide clear and convincing evidence that the levy is a fee and not a tax, which would otherwise be subject to the new requirements mandated by the initiative. Restrict authority of state and local governments to issue fines and penalties for violations of law. Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. FISCAL IMPACT OF THE INITIATIVE ON STATE AND LOCAL GOVERNMENTS The California Legislative Analyst's Office (LAO), a non-partisan agency that provides an analysis on a range of issues, including the annual budget proposed by the Governor, ballot initiatives as this one, and other relevant proposals considered by the Legislature. In its November 22, 2021, letter to California Attorney General Rob Bonta, the LAO states that about ninety percent of California's $225 billion budget is derived from revenues collected via taxes and fees. In its analysis, the LAO finds that the initiative could lead to "potentially substantially lower annual state and local revenues, depending on future actions of the Legislature, City Council Meeting March 14, 2023 Page 4 of 5 local government bodies, voters, and the courts." The LAO arrives to this conclusion based on the following: • Lower State Tax and Fee Revenue: The expanded definition of tax and the higher threshold for approval of new taxes will make it harder for the state to collect revenues. Programs that are funded by fees could see the most significant impacts. • Lower Local Government Tax and Fee Revenue: Same as above, the expanded definition of taxes and the new, higher approval threshold will make it harder for local governments to raise revenues. • Possible Increased State and Local Governments Administrative Costs Related to Calculation of Actual Costs for Setting Fees: As the new measure requires that fees closely relate to actual costs, state and local governments will have to develop methodology to analyze actual costs and calculate fees. This methodology and the fees themselves could be subject to litigation, which in and of itself will also require the state and local governments to invest resources to defend its methodologies and decisions. IMPACT OF THIS INITIATIVE ON ROSEMEAD As a local government, the City of Rosemead adopts an annual budget that includes the expenditure of revenues collected via fees, and a variety of taxes derived from local sales taxes, property taxes, etc. As a general law city, the City imposes fees and approves new taxes following the laws of the State of California. In the case of fees associated with the provision of services, the City adopts and revises such fees, annually, via the approval of an annual fee resolution. Fees are closely associated with the City's prorated costs of providing a service or benefit to a user that is not otherwise provided to everyone. The fee is intended as a means for the City to recover the cost of providing such benefit to a user. For instance, when a homeowner remodels a kitchen and installs new plumbing fixtures, the plumbing permit fee includes the cost associated with staffs time that will be spent on reviewing the request and conducting an inspection of the work performed by a licensed plumber. If some of the fees included in the annual fee resolution were to be challenged, and the courts were to find that certain fees should be treated as taxes pursuant to the initiative, the Rosemead City Council would be required to approve with a 2/3 majority the placement of a tax measure at a general election and a majority of the voters participating in the election will be required to pass the measure. RESPONSE TO INITIATIVE BY CALIFORNIA CITIES During its December 23, 2021, meeting, the League of California Cities Board of Directors voted unanimously to oppose Initiative 21-0042A1. Following the Board's unanimous decision, a coalition of public safety, labor, local government, and infrastructure advocates have joined together to fight against this measure. Cal Cities is requesting local jurisdictions adopt a resolution to demonstrate how harmful this measure would be to local communities and the people of California. If passed, Initiative 21-0042A1 has the potential to jeopardize vital local and state services by risking billions of dollars currently dedicated to critical services and potentially forcing City Council Meeting March 14, 2023 Page 5 of 5 cuts to public schools, fire and emergency medical response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more. It also has the potential to reduce funding for critical infrastructure like streets, roads, public transportation, drinking water, new schools, sanitation, and utilities. STAFF RECOMMENDATION It is recommended that the City Council determine that this item is exempt under the California Environmental Quality Act ("CEQA") and adopt Resolution 2023-15 (Attachment A) opposing the voter Initiative No. 21-0042A1 (Taxpayer Protection and Government Accountability Act). FISCAL IMPACT There is no fiscal impact associated with the requested action. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. STRATEGIC PLAN IMPACT If this initiative gains voter approval, it may hinder the City's ability to successfully finance many of the goals and objectives within the 2030 Strategic Plan. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Attachment A: Resolution No. 2023-15 Submitted by: /t� Michael Bruckner, Assistant City Manager Attachment B: Initiative 21-0042A1 Attachment C: CBRT Measure Opposition Summary Sheet Attachment D: CBRT Fiscal and Program Analysis Attachment E: LAO Fiscal Analysis Attachment F: CBRT Board Members Attachment G: Letter of Opposition Attachment A Resolution No. 2023-15 I_�7.9I.YIIRI)I�[I]��\CI�IIy7G�� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, IN OPPOSITION TO INITIATIVE 21-0042A1, THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT WHEREAS, a group of wealthy corporations and individuals, in collaboration with organizations that seek to reduce government fees and taxes have filed documents with the California Attorney General's (AG) office with the intent of securing title and summary for a statewide ballot measure; and WHEREAS, following State law, the AG prepared title and summary upon the proponents' request; the AG's title is LIMITS ABILITY OF VOTERS AND STATE AND LOCAL GOVERNMENTS TO RAISE REVENUES FOR GOVERNMENT SERVICES. INITIATIVE CONSTITUTIONAL AMENDMENT; and WHEREAS, the initiative, which proponents have named "the Taxpayer Protection and Government Accountability Act" broadens the definition of tax to include some current fees charged by the state and local governments to users of certain services. By changing a fee to a tax, said new tax will now have to be approved by 2/3 of a legislative body and a majority of the voters participating in the general election; and WHEREAS, the initiative will require tax measures to identify the duration of the tax and any sunset date, the amount of revenues expected to be raised and the specific uses of those revenues. If the tax revenues are to be used for general purposes, then the measure must explicitly indicate that revenues will be used for "unrestricted general revenue purposes". These requirements will apply to state and local governments taxes; and WHEREAS, for increasing local government fees, the initiative requires the affirmative vote of a 2/3 majority of a local legislative body. The measure also provides for the repealing of locally adopted fees via referenda; and WHEREAS, the initiative requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties; and WHEREAS, according to an analysis by the League of California Cities (CalCities), "the initiative puts at risk billions of dollars currently dedicated to critical state and local services. It could also force cuts to public schools, fire and emergency medical response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more. It could also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities"; and WHEREAS, the nonpartisan California Legislative Analyst's Office (LAO), sent a letter to Attorney General Rob Bonta on November 22, 2021, which states that the initiative could lead to "potentially substantially lower annual state and local revenues, depending on future actions of the Legislature, local government bodies, voters, and the courts". WHEREAS, if some of the fees included in the City's annual fee resolution were to be challenged, and the courts were to find that certain fees should be treated as taxes pursuant to the initiative, the Rosemead City Council would be required to approve with a 2/3 majority the placement of a tax measure at a general election and a majority of the voters participating in the election will be required to pass the measure; and THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead opposes Initiative 21-0042A1 — the Taxpayer Protection and Government Accountability Act. THEREFORE, BE IT FURTHER RESOLVED, that the City of Rosemead will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state. We direct staff to email a copy of this adopted resolution to the League of California Cities at BallotMeasureskcalcities.org. PASSED, APPROVED, AND ADOPTED this 28d day of February, 2023. Sean Dang, Mayor G\ a7Z6110015:11Iloilo] :Ru �&My:691 Rachel Richman, City Attorney Ericka Hernandez, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2023-15, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 28th day of February, 2023, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Attachment B Initiative 21-0042A 1 BELL, MCANDREWS & HILTACHR, LLP ATTORNEYS AND COUNSELORS AT LAW 455 CAPITOL MALL, SUITE 600 SACRAMENTO, CALIIORNIA 95BI4 (916) 442-7757 FAX (916) 442-7759 www.bmhlaw.wm January 4, 2022 Anabel Renteria Initiative Coordinator Office of the Attorney General State of California PO Box 994255 Sacramento, CA 94244-25550 Re: Initiative 21-0042 - Amendment Number One Dear Initiative Coordinator: 21 -0042 Ama#I RECEIVED JAN 0 4 2022 INITIATIVE COORDINATOR ATTORNEY GENERAL'S OFFICE Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed. I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language. Thank you for your time and attention processing my request. Sincerely, 0i✓� Thomas W. Hiltachk 2 1- 0 0 4 2 Amdt- #/ The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in stAkeeut. Added codified text is denoted by italics and underline.] Section 1. Title This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act. Section 2. Findings and Declarations (a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians In 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees. (b) Taxes are only part of the reason for California's rising cost -of -living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees' has more than doubled. (c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job -providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and howtaxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010). (e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions. Section 3. Statement of Purpose (a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats. (b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot— either at the state or local level—to clearly state the type and rate of any tax, how long it will be in effect, and the use of the revenue generated by the tax. (c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy, healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1(c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two- thirds vote and voter approval requirements for government revenue increases created by the courts including, but not limited to, Cannabis Coalition v. Cjty of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v. Orange County Local Agency formation Commission, and Wilde v. City of Dunsmuir. Section 4. Section 3 of Article XIII A of the California Constitution is amended to read: Sec. 3(a) Every levy, charge, or exaction of any kind imposed by state law is either a tax or an exempt charge. b 1 W Any change in state statute law which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature, and submitted to the electorate and approved by a majority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include: (A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax. (B) Aspecific and legally binding and enforceable limitation on how the revenue from the tax can be spent. if the revenue from the tax can be spent for unrestricted general revenue purposes, then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section Any proposed chance to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question reguired for a measure pursuant to the Elections Code shall for each measure orovidina for the imposition of a tax, including a measure Proposed by an elector pursuant to Article 11, include: (A) The tvoe and amount or rate of the tax; 8) The duration of the tax: and (C) The use of the revenue derived from the tax. (c) Any change in state law which results in any taxpayer oaWna a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e), and the amount or rate of the exempt charge to be imposed. 11{4 As used in this section and in Section 9 of Article 11, "tax" means everva" levy, charge, or exaction of any kind imposed by the State state law that is not on exempt charge. (e) As used in this section, exempt charoe" means only the following: ti) (24 A reasonable charge imposed for a speck government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reaseaable actual costs to the State of providing the service or product to the payor. j11(- j A charge imposed -for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge, or exaction collected from local units of government, health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi -Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi -Cal medical assistance expenditures. (4) A reasonable charge imposed for entrance to or use of state property, or the purchase, rental, or lease of state property, except charges governed by Section 15 of Article X1. (5) A fine, or penalty, ^- ^t`^- Fseinietai:y ehaW including any applicable interest for nonpayment thereof, imposed by the judicial branch of government or the State, as a resm" a state administrative enforcement agency pursuant to adiudicatory due process, to punish a violation of law. (6) A levy, charge assessment or exaction collected for the promotion of California tourism pursuant to Chapter S (commencing with Section 139951 of Part 4.7 of Division 3 of Title 2 of the Government Code. ff(e)Any tax or exempt charge adopted afterJanuary 1,10112919, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted by the ' egislatwii! ^^" sigRe "^•^ law by the GoverneF in compliance with the requirements of this section. &&11 1,44 The State bears the burden of proving by a ^-^^^^•'^-^^ce of the clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the pavor. r4hg .n!,. bUFdens on, ,.n. 6nnptg m ,.,d ft ffien , n •heRtBl aML,ity (2) The retention of revenue by. orthe paymentto. a non-governmental entity of a levy, charae, orexaction of any kind imaosed by state law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (3) The characterization of a levy, chose, or exaction of any kind as beina voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is o tax or exempt charge. (h) As used in this section: (1) Actual cost" of Providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of Providing the service or product to the pavor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all othersources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product. (2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration, delaying or eliminating its expiration, expandina its application to a new territory or class of pavor, or expanding the base to which its rate is applied. (3) !moose" means adopt enact, reenact create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to, any state statute, state regulation, state executive order, state resolution, state rulina, state opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issuedor implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California. Trustees of the California state University, or the Board of Governors of the California Community Colleges. Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read: Sec. 1. Definitions. As used in this article: (a) 'Actual cost" of providing a service or product means: (il the minimum amount necessary to reimburse the government for the cost of providing the service or Product to the pavor. and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost In computina "actual cost" the maximum amount that may be imposed is the actual cost less all othersources ofrevenue Including, but not limited to taxes other exempt charges, grants, and state or federal funds received to provide such service or product. (bl Extend" includes, but is not limited to, doina an of the following with respect to a tax, exempt charoe, or Article X111 D assessment fee, or charge: lengthening its duration, delaying or eliminating its expiration, expanding its application to a new territory or class of payor or expanding the base to which its rote is applied. LrLW "General tax" means any tax imposed for general governmental purposes. (d) "Impose" means adopt, enact, reenact create, establish, collect, increase, or extend. (eL(W "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article 11 or the initiative power provided by a charter or statute. (fl "Local law" includes, but is not limited to, any ordinance, resolution, regulation, ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government. &J_(e) "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. (hL(4) "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund. (i2 (e! As used in this article, and in Section 9 of Article Il. "tax" means every any -levy, charge, or exaction of any kind, imposed by a local geveMpent low that is not an exempt charie.; emeept the fellowinW. (i) As used in this section, "exempt charge" means only the following: 1..,.,..-...., ....,......,... -e.._, _ - .,..._.. --" ..__ _..____ ,.- . .__._ ---" __ _.._ ._-. a_._......_.._ (24 A reasonable charge (rnpesed for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the Masenable actual costs to the local government of providing the service or product. (2) W A charge impesed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (31(4J A reasonable charge impesed for entrance to or use of local government property, or the purchase, rental, or lease of local government property. i4J W A fine; or penalty, OF etheF FAeAetaFy e including any applicable interest for nonpayment thereof imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatory due process, asp result of to Punish a violation of law. M W A charge imposed as a condition of property development. No levy, charge, or exaction reaulatina or related to vehicle miles traveled may be imposed as a condition of Property development or occupancy. (6) JA An Assessme^•^ and pFopeF"• ^^late•' `• es assessment fee, orcharae' the pm%Olsiens of subjectto Article XI I I D, Oran assessment imposed upon a business in a tourism marketing district a parking and business improvement area or a property and business improvement district. (7) A charge imposed for a specific health care service provided directly to the savor and that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1.1.3, or 2 of Division 2 of the Health and Safety Code. , 481 ether exai;41en Is not a W7 that the ameimt ii; A8 FARM th;IR seeessapt is eeveF the "W" �131- 69-15 Of Section 6. Section 2 of Article XIII C of the California Constitution is amended to read: Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution: (a) Every levy, charge, or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local law eoveFAMSK whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) OF afteF jaRU8Pt 1, 199S, and pFier te the eflesthw date of thin aFtiele, shall remii;ue to be imposed ORP,' if a ed by a majerity vote of the ,.t,. voting in an eleetle an the issue of the iffiPOSWEIA, .,ho& eleetmeR shall be he'd wMin twe YeaFs ez ` "ve date ef this aFtme'e and iR eampliai:ise wkk subdivisien(b)-(d) No local low geveFRFnePA whether Proposed by the governing body or by an elector, may impose, exteAd, BF iAGFeaSS any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. (d) The title and summary and ballot label or question required for a measure Pursuant to the Elections Code shall, for each measure providing for the imposition of a tax, include: (1) The type and amount or rate of the tax., (2) the duration of the tax, and (3) The use of the revenue derived from the tax. If the proposed tax is a general tax, the phrase "for general government use" shall be reguired and no advisory measure may appear on the some ballot that would indicate that the revenue from the general tax will could or should be used for a specific Purpose (e) Only the governing body of a local government other than an elector pursuant to Article Il or the initiative Power provided by a charter or statute shall have the authority to impose any exempt charoe. The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charoe as provided in Section i(i) and the amount or rate of the exempt charge to be imposed, and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (p of Section 1. (f) No amendment to a Charter which Provides for the imoosition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors, nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (a) Any tax or exempt ch urge adopted after January 1 2022 but prior to the effective date of this act that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section. (h)(1) The local government bears the burden of proving by clear and convincing evidence that a levy, charoe or exaction is an exempt charge and not a tax. The local government bears the burden of Proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of Providina the service or product to the pavor. (2) The retention of revenue by, or the payment to, a non-governmental entity of levy, charoe, or exaction of any kind imposed by a local law. shall not be a factor in determining whether the levy. charoe, or exaction is a tax or exempt charge. (3) The characterization of a levy, charge, or exaction of any kind imposed by a local law as being paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charoe, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. Section 7. Section 3 of Article X111 D of the California Constitution is amended, to read: Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, eF charge, orsurcharge, including a surcharge based on the value of Property. shall be assessed by - any agery y upon any parcel of property or upon any personas an incident of property ownership except: (1) The ad valorem property tax impesed PUFSMaRt to described in Section Ila) of Article XIII and Section 1(a) ofArticle Xlll A and described and enacted pursuant to the voter approval requirement in Section 1(b) oLArticle XIII A. (2) Any special non -ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article. (4) Fees or charges for property related services as provided by this article. (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership. Section 8. Sections 1 and 14 of Article XIII are amended to read: Sec.1 Unless otherwise provided by this Constitution or the laws of the United States: (a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value. (b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of Property shall be apportioned according to law to the districts within the counties. Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of law. such state or local property taxes shall be apportioned accordina to law to the districts within the counties Section 9. General Provisions A. This Act shall be liberally construed in order to effectuate its purposes. B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordability and Tax Cut Act of 2022" and `The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect. C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid. D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken: (1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act. Attachment C CBRT Measure Opposition Summary Sheet LEAGUE OF CALIFORNIA CITI ES The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1 Feb. 1, 2023 Effective date: Any new or increased tax or fee adopted by the Legislature, a city council, or the local voters after January 1, 2022, must comply with the Act's new rules. Voters • Local advisory measures are prohibited. No measure may appear on the ballot asking for approval of a general tax that would allow the voters to express a preference for how the revenue from the general tax will, could, or should be used. • Overturns Upland decision which upheld a special tax that had been placed on the ballot by the voters to be approved by a majority vote. Taxes proposed by initiative will be subject to the some rules as taxes placed on the ballot by a city council. Voters may not amend a city charter to impose, extend, or increase a tax or fee. Local taxes • Requires voter approval in order to apply an existing tax: o to territory that is annexed. o to a new service or product, for example when a utility user tax is applied to a new service. • All new or increased taxes adopted after Jan. 1, 2022, must include a sunset date. State taxes • All new or increased state taxes require statewide voter approval. • Prohibits a property tax "surcharge" (increase). Prohibits any allocation of property tax to the state. I This is a summary of some of the more significant provisions of the Act. Please review the Act for a complete understanding of the changes it makes to the Constitution. LEAGUE OF CALIFORNIA CITIES Fees and charges • Fees and charges for services and permits may not exceed the "actual cost" of providing the product or service for which the fee is charged. "Actual cost" is the "minimum amount necessary." Examples include planning services, excavation and encroachment permits, preparation of candidate statement, and permit parking. • State and cities have the burden of proving by "clear and convincing evidence" that a fee/charge is not a tax, that the amount is reasonable, and that it does not exceed "actual cost." • Franchise fees — historically considered fees, not taxes — will more likely be considered taxes due to the elimination of an existing category of "fee" and the requirement that charges to entrance, purchase, rental, or lease of government property be "reasonable." The state and cities issue franchises to oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations. • No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy. Fines and penalties (administrative enforcement of state law and municipal codes) • May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. Examples include nuisance abatement, organic waste reduction requirements, and failure to maintain a vacant property. Attachment D CBRT Fiscal and Program Analysis Ca I I I 0 rn aCI't y FI na nc e.Co m Rev. January 14, 2023 Fiscal and Program Effects of Initiative 21-0042A1 on Local Governments If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in: • Over $20 billion of local government fee and charge revenues over 10 years placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for drinking water, sewer sanitation, and public health and safety. • About $2 billion of revenues each year from fees and charges adopted after January 1, 2021 subject to legal peril.' • Over $2 billion dollars of annual revenues from dozens of tax measures approved by voters between January 1, 2022 and the effective date of the act2 subject to additional voter approval if not in compliance with the initiative. • Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements. • The delay and deterrence of municipal annexations. • Substantially higher legal and administrative cost of public infrastructure financing which will delay and deter new residential and commercial development. • Service and infrastructure declines including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services. 1. Local Government Taxes and Services Threatened With regard to taxes, Initiative 21-0042A1: • Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures. • Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).' o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through the effective date of the Act should it pass would be void a year after the effective date of the initiative. • Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes. • A city charter may not be amended to impose, extend, or increase a tax might interfere with the ability of cities that do not already have such authority in their charters to adopt Property Transfer Taxes. o There are no more than a few of these every few years, but it is a valuable tax for those that adopt it. I Assumes fee increases since January 1, 2022 would be subject to possible legal challenge if not adopted in compliance with the Initiative. 2 The effective date of the initiative would be sometime in December 2024, the date the California Secretary of State certifies the election results of the November 5, 2024 election. 3 Unlike the initiative 17-0050, this initiative does not eliminate that ability of cities and counties to adopt general taxes by majority voter approval. 2217 Isle Royale Lane • Davis, CA • 95616-6616 Phone: 530.758.3952 • Fax: 530.758.3952 -2— rev January 14, 2023 • Requires that a tax measure adopted after January 1, 2022 and before the effective date of the initiative that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative. If past election patterns and elections in 2022 are an indication, over 200 tax measures approving more than $2 billion annual revenues to support local public services would not be in compliance and would be subject to reenactment. Most will be taxes without a specific end date and special taxes (including parcel taxes). Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, the measures would each require declaration of emergency and unanimous vote of the governing board to be placed on a special election ballot within a year for approval or the tax will be void after that date. I would expect most to succeed, but some will not, in particular citizen initiative majority vote special taxes which would have to meet a higher voter approval threshold to continue. • Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions would each require unanimous vote of the agency board to be placed on a special election ballot or would be void a year later. 1.a. Number of Measures and Value of Local Taxes at Risk` Over a hundred local measures were approved in 2022 that likely do not comply with the provisions of Initiative 21-0042A1. Nearly $2 billion of annual revenues from these voter approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures. We can expect a similar volume of measures in 2024 and a similar volume of non-compliance. So the combined total of annual local funding directly affected by Initiative 21-0042A1 due to its retroactivity provision is about $4 billion. Citizen Initiative Special Taxes in 2022. Special taxes placed on the ballot by citizen initiative and approved after January 1, 2022 by a majority but less than two-thirds of the voters are out of compliance with Initiative 21-0042A1. On June 7, 2022, there were three local special tax measures placed on the ballot by citizen initiative. Two failed to get majority voter approval. A one percent transactions and use tax (sales tax) for the John C. Fremont Healthcare District in Mariposa County received 69.6 percent approval, over the two thirds needed for any special tax under California Constitution Article XIIIC. So this measure was passed in compliance with Initiative 21- 0042A1. June 2022 Initiative Special Taxes - majority voter approval Estimated Agency Name Court Tax/Fee Rate Annual Revenue Use Sunset YES% John C. Fremont Mariposa MeasureN Transactions I cent $ 150,000 hospital 40yrs 69.6% PASS Healthcare District & Use Tax County of Kings Kings Measure F Transactions 1/2 cent $ 11,700,000 the none 37.6% FAIL & Use Tax Manhattan Beach Los Angeles Measure A School Parcel $1095/yr $ 12,000,000 schools 12yrs M.2% FAIL USD Tax On November 8, 2022, there were 14 local special taxes placed on the ballot by citizen initiative. Seven of these 4 Source: Compilation and summary of data from County elections offices. CaliforniaCityFinancexo m -3— rev January 14, 2023 measures failed with less than majority voter approval. The other seven measures received majority, but less than two-thirds, voter approval. These measures passed under current law but are out of compliance with Initiative 21- 0042A1. Taken together these seven taxes will provide estimated annual revenues of from $900,000 to $1.4 billion in support of parks and recreation, zoo, library, affordable housing, transportation, homelessness prevention, and schools in these communities. November 2022 Initiative Special Taxes - majority voter approval Estimated Agency Name County Tax/Fee Rate Annual Revenue Use Sunset YES% Crockett Cot Services District Contra Costa Measure L Parcel Tax S50/parcel $60,000 parks/recr none 62.8% PASS Oakland Alameda MeasureY Parcel Tax $68/parcel $12,000,000 zoo 20yrs 625% PASS County of Mendocino Measure O Transactions 1/8 cent then 1/4 $ 4,000,000 libran none 60.8% PASS 10yrs & Use Tax cent in 2027 County Measure0 Tax/Fee Rate Los Angeles Los Angeles Measure ULA Property 4%if>$5m, 5.5% $600 in to$1.1b affordable none 573% PASS Transactions Transfer Tax 1f>$]Om fire housing 49.4% FAIL Morro Bay County of Sacramento Measure Transactions same l/2 cent $212,512,500 transportati 40yrs 553% PASS 36.0°/FAIL & Use Tax San Mateo Measure DD School Parcel $2 50/sf $ 55,900,000 San Francisco PropositionM Business $2500-$5000/Operations (for Schools) housing 30yrs 545% PASS $020/s Tax vacant resid unit fire none 27.o^/O FAIL CountyofFresno (for CSU) Measure Transactions 1/5 ct, schools, schools, Calif State 20yrs Santa Monica Los Angeles Measure GS Property $56/$1000 if homelessne none 533% PASS Univ Transfer Tax >S8111S50'�'� Santa Cruz ss, afford. Measure Parcel Tax S6k/vacant SFU xxx vacant xxc housing County of Monterey Measure Q Parcel Tax $49/parcel Estimated childcare 10yrs 41.1% FAIL Agency Name County Measure0 Tax/Fee Rate Annual Revenue Use Sunset YES% County of Calaveras Francisco Measure A Transactions (cent $5,000,000 fire none 49.4% FAIL Morro Bay San Luis MeasureB &Use Tax $120+/parcel $680,000 harbor none 36.0°/FAIL South San Francisco San Mateo Measure DD School Parcel $2 50/sf $ 55,900,000 schools none 47.2% FAIL (for Schools) Marin MeasureO Tax $020/s $276,000 fire none 27.o^/O FAIL CountyofFresno (for CSU) Measure Transactions 1/5 ct, $36000000 Calif State 20yrs 46.9% FAIL &Use Tax 1/40 ct(Reedley) Univ Santa Cruz Santa Cruz Measure Parcel Tax S6k/vacant SFU xxx vacant xxc 44.2% FAIL County of Monterey Measure Q Parcel Tax $49/parcel $ 5,500,000 childcare 10yrs 41.1% FAIL San Francisco City San Measure0 School Parcel $I50/sfu $37,000,000 schools ]Oyrs 36.7% FAIL College Francisco Tax Morro Bay San Luis MeasureB Parcel Tax $120+/parcel $680,000 harbor none 36.0°/FAIL Obispo Inverness Public Marin MeasureO Parcel Tax $020/s $276,000 fire none 27.o^/O FAIL Utility District $150/vacant Non -Specific Tax Durations in 2022 Voters approved 106 measures in June 2022 (10) and November 2022 (96) that do not provide a specific duration of time that the tax will be imposed (end date). Typically, the ballot titles for these measures state that the tax would be imposed "until ended by voters." Four of these measures also did not include any estimate of the annual revenues that the tax would generate, another violation of initiative 21-0042A1. Taken together, these approved local measures generate $561 million per year that will expire a year after the effective date of the initiative if Initiative 21-0042A1 passes. CaliforniaCityFinance.com -4— Measures in 2022 with Non -Specific Durations rev January 14, 2023 E Segundo Los Angeles Measure BT Business Tax various Annual none 51.2% PASS Agency Name County Tax/Fee Rate Revenue Use Sunset YES% Oakland Alameda Measure Business Tax various $20,900,000 none 71.4% PASS $2,50/mi/day $ 250,000 General Measure O Busn Tax Culver City Los Angeles Measure BL Business Tax various $10,000,000 none 60.5% PASS Measure L Business Tax General $ 1,480,000 none 69.90/. PASS E Segundo Los Angeles Measure BT Business Tax various $ 3,000,000 none 51.2% PASS none 59.5% PASS none General General $15/rental unit Pico Rivera Los Angeles Measure AB Business Tax various $5,800,000 none 75.5°/ PASS $2,50/mi/day $ 250,000 neral Measure O Busn Tax Santa Ana Orange Measure Business Tax various neutral none 64.8% PASS Tracy San Joaquin Measure Business Tax various $3,200,000 none 72.6% PASS none 59.5% PASS none Gene al General $15/rental unit BurlingameBusiness San Mateo Tax Measure various $2,500,000 none 75.1% PASS $2,50/mi/day $ 250,000 General Measure O Busn Tax Los Gatos Santa Clara Measure J Business Tax various $ 1,100,000 none 53.4% PASS Santa Clara Santa Clara Measure Business Tax S45/employee, $6,000,000 none 59.5% PASS none 62.9% PASS General $15/rental unit Cannabis Brisbane San Mateo Measure OBusiness Tax $2,50/mi/day $ 250,000 none 69.2% PASS Measure O Busn Tax lodghrg busn $1,800,000 none 63.5% PASS Fast Palo Alto San Mateo Measure L Business Tax 2.5% $ 1,480,000 none 69.90/. PASS resid. rentals gross Rcpts Measure Busn Tax County of Santa Cruz Unincorporated Measure Busn Tax- 12.5cents/cup $700,000 none 68.2% PASS South Lake Tahoe BI Dorado Measure G Busn Tax 6%retail, $ 950,000 none 62.9% PASS Cannabis manufacturing McFarland Kern Measure O Busn Tax 8% of gross $1,800,000 none 63.5% PASS Cannabis receipts retail, Avenal Kings Measure Busn Tax $25+/sfor $600,000 none 61.8% PASS Cannabis 15% at rcpts Baldwin Park Los Angeles Measure CB Busn ax41/'o $ 300000 none 51.3% PASS Cannabis gross Rcp[s Clarermnt Los Angeles Measure CT Busn Tax 4%-7%gr $500,000 none 61.1% PASS Cannabis rcpts,$1- County of Los Angeles Unincorporated Measure Busn Tax 4%gross $15,170,000 none 60.1% PASS Cannabis receipts retail, Cudahy Los Angeles Measure BA Busn Tax 15°/ $ 3,600,000 none 54.0% PASS Cannabis grossRcpts FJ Segundo Los Angeles Measure Y Busn a 0 $ 1 500,000 none 72.8% PASS Cannabiss GrossRcpt, Hennosa Beach Las Angeles Measure T Busn Tax I0% $ 1500,000 none 67.6% PASS Cannabis Gross Rcpt, Lynwood Los Angeles Measure TR Busn Tax 50/oto 10% $ 3,000,000 none 66.4% PASS Cannabis Santa Monica Las Angeles Measure HBusn Tax 10%grossM $ 5,000,000 none 66.4% PASS South FJ Monte Los Angeles Measure CM Busn Tax 6% special $ 126,000 none 53.7% PASS Cannabis euise taxon Monterey Monterey Measure) Busn Tax 69/. $1,300,000 none 65.2% PASS Pacific Grove Monterey Measure Busn Tax 6%grossRcpt $300,000 none 70.8% PASS Cannabis Huntington Beach Orange Measure O Busn Tax 6%retail, 1%$600,000 none 54.7% PASS Cannabis other Ca f ifo rniaCity Fivtance.co m -5— rev January 14, 2023 Measures in 2022 with Non -Specific Durations Measure ParcelTax $600+/yr $24,000 roads none 73.2% PASS South Pasadena Los Angeles Annual ParcelTax xxx ? Agency Name County 86.2% PASS Tax/Fee Rate Revenue Use Sunset YES% Laguna Woods Orange Measurer Busn Tax 4%-10%of $750,000 $15/$1000 T$lrn>$2m, none 61.1% PASS none 71.6% PASS San Mateo Cannabis gross receipts by I%to 1.5% if>$IOm $4.800000 none Corona Riverside Measure Busn Tax 9%ofgross $5000000 $910,000 none 61.6% PASS 59.2% PASS Clovis Fresno Cannabis receipts for by 2% to 12°/ $ 500,000 none Montclair San Bernardino Measure R Busn Tax 7°/0 $ 3,500,000 10% none 70.3% PASS none 62.3% PASS Trinidad Cannabis grossRcpts TOT by 4% to 12% $ 65,000 County of San Diego Unincorporated Measure A Busn Tax 6% retail, 3% $ 5,600,000 TOT none 57.4% PASS none 56.2% PASS Cannabis distribution Measure HT TOT by 2% to 12% $ 730,000 Encinitas San Diego Measure L Busn Tax 4% to 7% of $ 1,400,000 TOT none 65.1% PASS none 73.7% PASS Cannabis gross receipts Healdsburg Sonorm Measure Busn Tax 8%grossRcpt $500,000 none 72.7% PASS Cannabis Exeter Tulare Measure B Busn Tax IN. retail and ? none 66.5% PASS Cannabis other, $10/sf Tulare Tulare Measure Y Busn Tax 10% retail and ? none 65.2% PASS Cannabis otlrer, $10/sf Woodland Y010 Measure Busn Tax 10% 9 none 66.2% PASS Cannabis grossRcpts Redlands San Bernardino Measure Busn Tax from$0.047/sf $530,000 none 53.5% PASS Distrib centers to 50.105/sf Arcadia Los Angeles Measure SW Busn Tax 5% n/a* none 63.9% PASS Sports Betting gmssRcpts Albany Marrieds Measure K ParcelTax $0.074+/sf $ 1,950,000 fire/IMS none 76.0% PASS Cameron Park Airport El Dorado Measure ParcelTaxby $600 to $117900 airport/ none 78.2% PASS District $900/parcel streets Highlands Village EI Dorado Measure L ParcelTax $140}/parcel $ 10,920 streets none 86.3% PASS Lighting Benefit Zone Knolls Property El Dorado Measure ParcelTax by $300,+ to $8,400 streets none 75.5% PASS Sundance Trail Zone of El Dorado Benefit Measure ParcelTax $600+/yr $24,000 roads none 73.2% PASS South Pasadena Los Angeles Measure LL ParcelTax xxx ? library none 86.2% PASS River Delta Fire District Sacratrento Measure H ParcelTax $90/yr $ lX000 fire none 72.1% PASS Emeryville Alarreda Measure PropTmnsffax $15/$1000 T$lrn>$2m, $5,000,000 none 71.6% PASS San Mateo San Mateo Measure CC PropTmnsflax by I%to 1.5% if>$IOm $4.800000 none 71.8% PASS Alarreda Alameda Measure TOT by4%to 14% $910,000 none 59.2% PASS Clovis Fresno Measure B TOT by 2% to 12°/ $ 500,000 none 69.7% PASS Kemrnn Fresno Measure G TOT 10% $40,000 none 62.3% PASS Trinidad Humboldt Measure P TOT by 4% to 12% $ 65,000 none 77.6% PASS Inperial Imperial Measure G TOT by 4% to 12% $ 600,000 none 56.2% PASS Arcadia Los Angeles Measure HT TOT by 2% to 12% $ 730,000 none 54.1% PASS Santa Monica Los Angeles Measure CS TOT by 1%, 3% home shares $4,100,000 none 73.7% PASS Notes ?= Ballot measure title did not include an estimate of annual revenues, also not in compliance with Initiative 21-0042A1. n/a*= Arcadia Measure SW passed but sports betting remains illegal after the failure of Propositions 26 and 27 on the November statewide ballot. Cal ifo rniaCityFinance.co m rev January 14, 2023 Measures in 2022 with Non -Specific Durations Agency Name Court Tax/Fee Rate Anaheim Orange Measure TOT online travel conpanies Annual Revenue $3000000 Use Sunset none YES% 59.2% PASS La Pahm Orange Measure TOT by4%to 12% $200,000 none 71.1% PASS Colfax Placer Measure TOT by2%to10°/ $29,000 none 73.5% PASS Rocklin Placer Measure F TOT by 2% to 10% $ 300,000 none 59.8% PASS Roseville Placer Measure TOT by4%to 10% $3,000,000 none 73.0% PASS Big Bear Lake San Bernardino Measure P TOT by 2% to 10% $ 1300,000 none 54.4% PASS Grand Tenace San Bernardino Measure M TOT new 10% $ 250,000 none 51.9% PASS Yucca Valley San Bernardino Measure K TOT by 5% to 12% $ 1.300,000 none 71.9% PASS Imperial Beach San Diego Measure R TOT by 4% to 14% $ 400,000 none 67.4% PASS D Paso de Robles San Luis Obispo Measure F TOT byl%toll% $750,000 none 61.2% PASS Belmont San Mateo Measure K TOT by 2% to 14% $ 600.000 none 79.3% PASS Millbrae San Mateo Measure N TOT by 2% to 14% $ 1,500,000 none 75.8% NA55 County of Humboldt Unincorporated Measure TOT by2%to 12% $3,080,000 none 63.3% PASS County of Placer- Measure TOT by2%to 10% $4,000,000 none 90.0%PASS North Tahoe TOT Area County of Kern unincorporated areas Measure TrUT Icent $54,000,000 none 50.8% PASS County of Santa Cruz Un in corporated Measure TOT by1%to 12% $2,300,000 none 69.2% PASS County of El Dorado- Measure TOT 2/3 by4%to 14% $2,500,000 none 81.8% PASS East Slope Tahoe Kings Measure A TrUT 1 cent $ 500,000 none 72.5% PASS Chico Butte Measure TrUT TrUT Icent $24,000,000 none 52.4% PASS Mendota Fresno Measure TrUT LIS cent $493,498 none 57.2% PASS Blue Lake Humboldt Measure TrUT Icent $30,000 none 55.4% PASS Rio Dell Humboldt Measure TrUT 3/4cent $400,000 none 53.3% PASS County of Kern unincorporated areas Measure TrUT Icent $54,000,000 none 50.8% PASS McFarland Kem Measure M TrUT l cent $ 579,662 none 62.2% PASS Tehachapi Kem Measure S TrUT 1 cent $ 4,000,000 none 57.2% PASS Avenal Kings Measure A TrUT 1 cent $ 500,000 none 72.5% PASS Susanvi0e Lassen Measure P TrUT I cent $ 1,750,000 none 54.7% PASS Baldwin Park Los Angeles Measure BP TrUT 3/4 cent $6,000,000 none 58.1% PASS Malibu Los Angeles Measure MC TrUT 1/2 cent $3000,000 none 52.6% PASS Monterey Park Los Angeles Measure MP TrUT 3/4 cent $ 6,000,000 none 58.5% PASS Torrance Los Angeles Measure SSI TrUT 1/2 cent $ 18,000,000 none 55.0% PASS Larkspur Marin Measure G TrUT 1/4 cent $ 700,000 none 59.4% PASS Sand City Monterey Measure L TrUT by , 1/2cent to � $ 1,400,000 none 68.7% PASS Hemet Riverside Measure H TrUT same 1 cent $ 15,000,000 none 58.0% PASS Elk Grove Sacramento Measure E TrUT 1 cent $ 21,000,000 none 54.1% PASS Celt Sacramento Measure Q TrUT I cent $ 3,600,000 none 52.4% PASS Colton San Bernardino Measure S TrUT 1 cent $ 9,500,000 none 66.8% PASS Ontario San Bernardino Measure Q TrUT 1 cent $ 95,000,000 none 53.2% PASS Solana Beach San Diego Measure S TrUT I cent $ 3,000,000 none 66.7% PASS Brisbane San Mateo Measure U TrUT 1/2 cent $ 2,000,000 none 63.9% PASS Goleta Santa Barbara Measure B TrUT I cent $ 10,600,000 none 64.7% PASS Solvang Santa Barbara Measure U TrUT I cent $ 1,600,000 none 63.1% PASS Ca IiforninCity Finance.com -7— rev January 14, 2023 Measures in 2022 with Non -Specific Durations Modesto Stanislaus Measure H TrUT l cent $ 39,000,000 none 62.8% PASS County ofColusa MeasureA TrUT 2/3 1/2 cent $2,400,000 LMS none Annual Atwater Merced Agency Name County TaxlFee Rate Revenue Use Sunset YES% Watsonville Santa Cruz Measure R TrUT I/2 cent $ 5,000,000 none 64.4% PASS Vallejo Solano Measure P TrUT 7/8 cent $ 18,000,000 none 54.7% PASS Modesto Stanislaus Measure H TrUT l cent $ 39,000,000 none 62.8% PASS County ofColusa MeasureA TrUT 2/3 1/2 cent $2,400,000 LMS none 69.4% PASS Atwater Merced Measure B TrUT 2/3 same l cent $ 4,000,000 police/fire none 73.7% PASS Truckee Nevada Measure U TrUT 213 by 1/4 cent to $3,000,000 open space none 76.4% PASS Palo Alto Santa Clava Measurel- UtilityTrans Par 180/ gas $7,000,000 none 77.7% PASS Santa Clara Santa Clara MeasureG UtilityTtansfer 5% $30,000,000 none 84.2% PASS Hercules Contra Costa MeasureN UUT 8% $3,600,000 none 69.3% PASS Carson Los Angeles Measure UU UUT 2%electr, gas $ 8,000,000 none 78.4% PASS Sebastopol Sonoma Measure N UUT 375%(same) $ 700,000 none 83.5% PASS Co -temporal Advisory Measures in 2022 At the November 2022 election, there was just one local general tax measure that was accompanied by an advisory measure as to the use of funds. The City of Santa Monica's Measure DT property transfer tax failed with just 34 percent approval as voters instead chose the citizen initiative Measure GS. There was also just one such tax use advisory measure on the June 2022 election. Susanville's voters passed Measure P, a 1 percent transactions and use (sales) tax that generates $1.75 million per years for general city services. The measure was accompanied by advisory Measure Q, accompanied the city's It asked, "If Measure P passes, should the revenues be used to balance the budget to maintain and enhance existing public safety services (police and fire), and provide funding to support street infrastructure improvements and provide funding to support economic development efforts designed to increase businesses, jobs and visitors to Susanville?" Both measures passed. Under Initiative 21-0042A1, the tax will expire a year after the effective date of the initiative (i.e., in December 2025). 1.b. Additional Costs and Public Service Effects of the Tax Provisions Assuming a similar volume of local measures through 2024 as we saw in 2022, there will be over 200 local measures that will need to be redrafted to comply with the Initiative and placed back on the ballot for the taxes to continue after December 2025. The costs of re -drafting, re -placing and re -voting on these measures, previously legally approved by voters, will be in the tens of millions in total statewide. 2. "Exempt Charges" (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1: • Subjects new fees and charges for a product or service to a new "actual and reasonable test." • Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, "reasonable" test. • Allows legal challenge to any tax adopted before the effective date of the initiative and after January 1, s The Susanville measure also did not include a specific end dare and so is included in the list and totals of those measures. Ca lifo rniaCityFinance.cotvt -8— rev January 14, 2023 2022. Such a lawsuit could enjoin (stop) the enactment of the tax pending the outcome of the legal challenge. • Subjects a challenged fee to new, higher burdens of proof if legally challenged. 2.a. Value on New Local Government Fees and Charges at Risk' Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $2 billion per year including those adopted since January 1, 2022. Of $2 billion, about $900 million (45 percent) is for special districts, $800 million (40 percent) is cities, and $300 million (15 percent) is counties.' Major examples of affected fees and charges are: 1. Certain water, sanitary sewer, wastewater, garbage, electric, gas service fees. 2. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs. 3. Emergency response fees - such as in connection with DUI. 4. Advanced Life Support (ALS) transport charges. 5. Business improvement district charges. 6. Fees for processing of land use and development applications such as plan check fees, use permits, design review, environmental assessment, plan amendment, subdivision map changes. 7. Document processing and duplication fees. 8. Facility use charges, parking fees, tolls. 9. Fines, penalties. 10. Fees for parks and recreation services. 2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. F G Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 7 School fees are also affected but the amount is negligible by comparison. CaliforniaCity Finance. co m Attachment E LOA Fiscal Analysis LAO January 19, 2022 Hon. Rob Bonta Attorney General 1300 I Street, 17's Floor Sacramento, California 95814 Attention: Ms. Anabel Renteria Initiative Coordinator Dear Attorney General Bonta: 21-0042 Amdt. 1 RECEIVED Jan 19 2022 INITIATIVE COORDINATOR ATTORNEY GENERAL'S OFFICE Pursuant to Elections Code Section 9005, we have reviewed the proposed constitutional Taxpayer Protection and Government Accountability Act initiative (A.G. File No. 21-0042, Amendment #1). Background State Government Taxes and Fees. This year's state budget spends over $255 billion in state funds. Over 90 percent of the state budget is funded with revenues from taxes. These include, for example, sales taxes paid on goods and income taxes paid on wages and other sources of income. Much of the rest of the state budget is funded by fees and other charges. Examples include: (1) charges relating to regulatory activities; (2) charges for specific government services or products, like fees charged to drivers to improve roads; (3) charges for entering state property, such as a state park; and (4) judicial fines, penalties, and other charges. The State Constitution requires the state to set fees at a reasonable level, generally reflecting the costs of the services or benefits provided. The state uses revenue from taxes and fees to fund a variety of programs and services, including education, health care, transportation, and housing and homelessness services. Current Requirements to Approve Taxes and Fees. Under the State Constitution, state tax increases require approval by two-thirds of each house of the Legislature or a majority vote of the statewide electorate. The Legislature can reduce taxes with a majority vote of each house, provided the change does not result in an increase in taxes paid by any single taxpayer. In many cases, the Legislature has enacted statutes that delegate its authority to adjust fees and other Legislative Analyst's Office California Legislature Gabriel Petek. Legislative Analyst 925 L Street. Suite 1000. Sacramento, CA 95814 (916)445-4656 Hon. Rob Bonta January 19, 2022 charges to administrative entities, like state departments. In these cases, these charges can be increased or changed by the department within certain limits. Local Government Taxes and Fees. The largest local government tax is the property tax, which raises roughly $75 billion annually. Other local taxes include sales taxes, utility taxes, and hotel taxes. In addition to these taxes, local governments levy a variety of fees and other charges. Examples include parking meter fees, building permit fees, regulatory fees, and judicial fines and penalties. In order to be considered a fee, the charge cannot exceed the reasonable costs to the local government of providing the associated product or service. Local governments use revenues from taxes and fees to fund a variety of services, like fire and police, public works, and parks. Current Requirements to Approve Taxes and Fees. State law requires increases in local taxes to receive approval of the local governing body—for example, a city council or county board of supervisors—as well as approval of voters in that local jurisdiction. Most proposed taxes require a two-thirds vote of the local governing board before being presented to the voters. Special taxes (those used for a specific purpose) require a two-thirds vote of the electorate while other types of taxes require a majority vote of the electorate. The majority -vote general taxes can be used for any purpose. Recent case law suggests that citizen initiative special taxes may be approved by majority vote, rather than a two-thirds vote. Currently, local governing bodies have the ability to delegate their authority to adjust fees and other charges to administrative entities, like city departments. In these cases, these charges can be increased or changed by the department within certain limits. Proposal This measure amends the State Constitution to change the rules for how the state and local governments can impose taxes, fees, and other charges. State and Local Government Taxes Expands Definition of Tax. The measure amends the State Constitution to expand the definition of taxes to include some charges that state and local governments currently treat as fees and other charges. For example, certain charges imposed for a benefit or privilege granted to a payer but not granted to those not charged would no longer be considered fees. As a result, the measure could increase the number of revenue proposals subject to the higher state and local vote requirements for taxes discussed below. Requires Voter Approval for State Taxes. The measure increases the vote requirements for increasing state taxes. Specifically, the measure requires that legislatively proposed tax increases receive approval by two-thirds of each house and a majority vote of the statewide electorate. Voters would still be able to increase taxes by majority vote of the electorate without legislative action, however. Any state tax approved between January 1, 2022 and the effective date of this measure would be nullified unless it fulfills the requirements of the measure. Requirements forApproving Local Taxes. Whether sought by the local governing body or the electorate, the measure establishes the same approval requirements for increasing local Hon. Rob Bonta January 19, 2022 special taxes. Any local tax approved between January 1, 2022 and the effective date of this measure would be nullified unless it fulfills the requirements of the measure. Allowable Uses and Duration of State and Local Tax Revenues Must Be Specified. The measure requires state and local tax measures to identify the type and amount (or rate) of the tax and the duration of the tax. State and local government general tax measures must state that the revenue can be used for general purposes. State and Local Government Fees Requires the Legislature and Local Government Bodies to Impose State and Local Fees. Fees would have to be imposed by a majority vote of both houses of the Legislature or local governing bodies. The measure would restrict the ability of state and local governments to delegate fee changes to administrative entities. The extent of these restrictions would depend on future court decisions. Any fee approved between January 1, 2022 and the effective date of this measure would be nullified unless it fulfills the requirements of the measure. Some New State and Local Fees Could Not Exceed Actual Costs. For some categories of fees, if the Legislature or a local governing body wished to impose a new fee or make changes to an existing fee, the measure generally would require that the charge be both reasonable and reflect the actual costs to the state or local government of providing the service. The measure also specifies that actual cost should not exceed "the minimum amount necessary." In many cases, existing fees already reflect the government's actual costs. In other cases, some fees would have to more closely approximate the payer's actual costs in order to remain fees. If a fee payer challenged the charge, the state or local government would need to provide clear and convincing evidence that the fee meets this threshold. State and local governments also would bear the burden of providing clear and convincing evidence that the levy is a fee—which is not subject to a vote by the electorate—and not a tax under the new definition. Fiscal Effects Lower State Tax and Fee Revenue. By expanding the definition of a tax, increasing the vote requirements for approving taxes, and restricting administrative changes to fees, the measure makes it harder for the Legislature to increase nearly all types of state revenues. The extent to which revenues would be lower under the measure would depend on various factors, most notably future decisions made by the Legislature and voters. For example, requirements for legislative approval of fee increases currently set administratively could result in lower fee revenues, depending on future votes of the Legislature. That lower revenue could be particularly notable for some state programs largely funded by fees. Due to the uncertainty of these factors, we cannot estimate the amount of reduced state revenue, but it could be substantial. Lower Local Government Tax and Fee Revenue. Compared to the state, local governments generally face greater restrictions to raising revenue. By expanding the definition of taxes and restricting administrative changes to fees, the measure would make it somewhat harder for local governments to raise revenue. Consequently, future local tax and fee revenue could be lower than they would be otherwise. The extent to which revenues would be lower is unknown, but Hon. Rob Bonta January 19, 2022 fees could be more impacted. The actual impact on local government revenue would depend on various factors, including future decisions by the courts, local governing bodies, and voters. Possible Increased State and Local Administrative Costs to Change Some Fee Levels. In some cases, state and local departments would need to develop methods for setting fees to reflect actual costs if the Legislature or local governing bodies wanted to change those fees in the future. Estimating actual costs by program and fee source could involve some added workload for those state and local departments, which likely would be supported by fee revenue. The extent of these administrative costs would depend on (1) whether the state and local governments determine a fee increase is needed in order to maintain their current level of programs and services funded through fee revenue and (2) future court decisions. Summary of Fiscal Effects. We estimate that this measure would have the following major fiscal effects: • Lower annual state and local revenues, potentially substantially lower, depending on future actions of the Legislature, local governing bodies, voters, and the courts. Sincerely, for Gabriel Petek Legislative Analyst for Keely Martin Bosler Director of Finance Attachment F CBRT Board Members Business Roundtable Board Aera Energy Albertsons Altria (tobacco) Anthem Blue Cross Automobile Club of Southern California Bittle Enterprises (Enterprise Rent -a -car) Blackstone Caruso Management (Rick Caruso) Chevron C.J. Segerstrom & Sons Dart Container DLA Piper (Law Firm) Douglas Emmett Eli Lilly & Company Exxon Farmers Group (Insurance) Fivepoint (Developer) Global Medical Response Solution Grimmway Farms Irvine Company KB Homes Kilroy Realty LevatoLaw Majestic Realty Marathon Petroleum Corp. McKinsey & Company National CORE Sempra State Farm Sutter Health Union Pacific Railroad United Airlines UPS Valero Western National Group Wells Fargo Wellpoint (insurance) Western National Group Attachment G Letter of Opposition MAYOR: SEAN DANG MAYOR PRO TE\1: STEvEN LY COUNCIL MEMBERS: SANDRA AR NTA MARGARET CLARK PoLLv Low February 28, 2023 Bismarck Obando City of &semead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 Director of Public Affairs, League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE: Letter Opposing Initiative 21-0042A1 On February 28, 2023, the City of Rosemead voted to oppose Initiative 21-0042A1, a deceptive, developer -sponsored proposition aimed for the November 2024 statewide ballot that would significantly jeopardize cities' ability to provide essential services and infrastructure for our residents. The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent. This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including impacts on local infrastructure and our environment. This measure also may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods. Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more. The City of Rosemead's adopted annual budget includes the expenditure of revenues collected via fees, and a variety of taxes derived from local sales taxes, property taxes, etc. As a general law city, the City imposes fees and approves new taxes following the laws of the State of California. In the case of fees associated with the provision of services, the City adopts and revises such fees, annually, via the approval of an annual fee resolution. Fees are closely associated with the City's prorated costs of providing a service or benefit to a user that is not otherwise provided to everyone. If some of the fees included in the annual fee resolution were to be challenged, the City would be required to provide clear and convincing evidence that the levy is a fee and not a tax, which would otherwise be subject to new requirements mandated by the initiative. The measure benefits wealthy corporations and real estate developers while decimating our local communities and neighborhoods. You may list the City of Rosemead in formal opposition to Initiative #21-0042A1 and include our city as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition. Sincerely, S Sean Dang Mayor City of Rosemead CC: Los Angeles County CEO Los Angeles County Division, League of California Cities California Contract Cities Association