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HomeMy WebLinkAbout26-City Administrator CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Administrator Subject: Resolution in opposition to AB 680 (Steinberg) regarding the redistribution Dept: City Administrator's Office oflocal sales tax revenues Date: February 13, 2002 0 F1 : ~: .' : : i 't L Synopsis of Previous Council Action: 4/4/02 - Recommended for approval by LRC Recommended motion: Adopt resolution Contact person: Fred Wilson! Lori Sassoon Phone: 384-5122 Supporting data attached: Staff report, resolution Ward: All FUNDING REQUIREMENTS: Amount: Source: -(Ace!. No.) (Ace!. Description) Finance: Council Notes: \lL~ .J,\ PW)-\ \ "\ Agenda Item No. :J.lc ~ I IS/O;r , STAFF REPORT Subiect: Resolution in opposition to AB 680 (Steinberg) concerning the redistribution of local sales tax revenues Back2rouud: In recent years, a number of bills have been introduced in California Legislature that would modify the method by which sales tax revenues are distributed in the state. Under the current formula, local sales taxes are distributed on a situs basis, with cities receiving 1% of the sales tax on retail sales that take place within their boundaries ($1 for every $100 in sales). This is known as the Bradley-Burns sales tax revenue. AB 680 (Steinberg) proposes to create a new sales tax distribution mechanism for the Sacramento region that would distribute all growth in sales tax over a baseline amount according to the following formula: . 1/3 on a situs basis (the current formula) . 1/3 on a per capita basis . 1/3 apportioned according to the first two methods, among those jurisdictions meeting "housing eligibility" criteria. These criteria are defined as promoting low- and very low-income housing, homeless services, and infill development. If the city does not meet these criteria, its share reverts to a pool to be used for regional projects. The bill's author and other supporters have stated that the intention of this program is to serve as a model for sales tax redistribution in other areas of the state. However, these proposals would hurt cities like San Bernardino that have made significant efforts to grow their sales tax bases, and are dependant upon those revenues to provide services to the community. Such cities also bear the costs associated with having major retail developments, including increased police and fire calls for service, traffic, wear and tear on streets and roads, and other impacts. AB 680 passed in the Assembly and will be taken up by a Senate committee in the near future. The League of California Cities has taken a position in opposition to the bill. Locally, the City is working with Chuck Bader and other area cities to educate our legislators and ask for their help in opposing this bill. At our request, Mr. Bader has arranged a series of meetings with area city managers from Ontario, Rancho Cucamonga, and Montclair to develop a coordinated approach to the bill. As a result of these meetings, the city of Ontario is working with a consultant to analyze the bill's potential fiscal impact on the larger cities in the region. We will also be working with these cities to coordinate our attendance at the future Senate committee meeting. Fiscal Impact: None from this resolution; if AB 680 would have a significant fiscal impact that has yet to be determined. Recommendation: It is recommended that the Mayor and Common Council adopt the resolution in opposition to AB 680. . 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 . . (~~, ~'DV ii, "',' \ '- o '0' lr~ RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO OPPOSING AB 680 (STEINBERG) CONCERNING THE REDISTRIBUTION OF LOCAL SALES TAX REVENUES WHEREAS, recent declines in federal and state aid to cities and major reductions in property tax revenues have substantially undermined the stability oflocal revenues; and WHEREAS, sllch declines have led to service and program reductions in cities across the State of California; and WHEREAS, in light of uncertain funding from intergovernmental sources, as well as uncertain property tax revenues, cities have become increasingly reliant on local sales tax revenues to fund essential services; and WHEREAS, AB 680 (Steinberg) would create a new sales tax distribution mechanism for the Sacramento region that would distribute all growth in local sales tax over a baseline amount according to a new fornmla that would serve as a pilot program for the state; and WHEREAS, implementation of the sales tax distribution formula proposed in AB 680 would have significant negative impacts upon the City of San Bernardino and its ability to provide essential services to the community; NOW, THEREFORE, IT IS RESOLVED by the Mayor and Common Council of the City of San Bernardino, California, as follows: 1. The City of San Bernardino opposes AB 680, and asks its legislative representatives to join in opposition to the bill. III III III 1(0' Z(p If /(0/rJ . 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 . .' RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO OPPOSING AB 680 (STEINBERG) CONCERNING THE REDISTRIBUTION OF LOCAL SALES TAX REVENUES I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2002, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk 2002. The foregoing resolution is hereby approved this day of Approved as to Form and legal content: Judith Valles, Mayor City of San Bernardino JAMES F. PENMAN, City Attorney By: _ 7 fc . . . AMENDED IN ASSEMBLY JANUARY 29, 2002 AMENDED IN ASSEMBLY JANUARY 14,2002 AMENDED IN ASSEMBLY MAY 24, 2001 AMENDED IN ASSEMBLY MAY 14,2001 AMENDED IN ASSEMBLY APRIL 30, 2001 C ALlFORNIA LEGISLATURE-200 1-02 REGULAR SESSION ASSEMBLY BILL No. 680 Introduced by Assembly Member Steinberg (Coauthor: Assembly Member Kehoe) February 22, 200 I An act to add Article 10 (commencing with Section 65500) to Chapter 3 of Division 1 of Title 7 of the Government Code, and to add Chapter 1.5 (commencing with Section 7215) to Part 1.5 of Division 2 of the Revenue and Taxation Code, relating to land use. LEGISLATIVE COUNSEL'S DIGEST AB 680, as amended, Steinberg. Land use: sales tax and property tax revenue allocation. The Bradley-Bums Uniform Local Sales and Use Tax Law authorizes a county to impose a local sales and use tax at a rate of 1.25%, and similarly authorizes a city, located within a county imposing such a tax rate, to impose a local sales tax rate of 1 % that is credited against the county rate. Existing law requires a city, county, or city and county imposing a local sales and use tax pursuant to the Bradley-Bums Uniform Local Sales and Use Tax Law to contract with the State Board 94 r- . . . AB 680 -2- of Equalization to administer the local sales and use tax. Existing law also requires the board, at least twice during each calendar quarter, to transmit local sales and use tax revenue to the city, county, or city and county in which the revenue was collected. This bill would, pursuant to specified definitions and procedures, require the board to distribute sales tax revenue, derived from the application of a I % tax rate by a qualified or electing county or city in the greater Sacramento region, Is t!IJliftg among those same counties and cities ill tkllt regisft on the basis of (I) the amount of sales tax revenue that those counties and cities received in the 2002 calendar year, and (2) the relative populations of those counties and cities, as determined by the board and the population research unit of the Department of Finance. This bill would provide that up to 1/3 of the sales tax revenue growth be shifted away from those counties and cities in the region that fail to become housing eligible, as defined, and require those revenues to instead be allocated to the Sacramento Area Council of Governments (SACOG) for the funding ofregional products. This bill would also establish the Sacramento Regional Smart Growth Fund Allocation Program to provide funding incentives for responsible regional growth policies, as specified. By imposing allocation duties upon SACOG, this bill would create a state-mandated local program. Existing law, until January I, 2005, prohibits a city or county from providing financial assistance to an automobile dealership or big box retailer, or to a business entity that sells or leases land to an automobile dealership or big box retailer that is relocating from the territorial jurisdiction of one city or county to the territorial jurisdiction of another city or county, but within the same market area, unless the receiving city or county offers the other city or county a contract that apportions sales tax generated by the dealership or retailer between the 2 cities or counties, as specified, and the city or county holds a public hearing and adopts a resolution making specified findings relating to whether or not a contract has been approved. This bill would provide that any contracts executed pursuant to these provisions prior to the effective date of the bill would remain in effect as provided in the contract. This bill would also provide that, on and after the operative date of the bill, these provisions requiring contracts to share sales tax revenue do not apply to counties and cities in the greater Sacramento region. 94 I . . . -3- AB 680 This bill would also state the intent of the Legislature to create the Sacramento Regional Open Space and Recreation Conservancy to acquire open-space land. This bill would make legislative findings and declarations as to the necessity of a special statute, and as to the public purposes served by this bill. This bill also would require the Legislative Analyst's Offiee office, in conjunction with the State Board of Equalization to report to the Legislature regarding the impact of the bill, as specified, in the greater Sacramento region. This bill would also provide that its operation be postponed, as specified, if a statute is enacted in 2002 that decreases the amount of certain revenues that would have been received by cities and counties in the greater Sacramento region under the law in effect on January 1, 2002. This bill would also provide that its provisions become inoperative on the operative date of a revenue-sharing agreement, as specified, between all of the cities and counties in the greater Sacramento region. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact asfollows: I SECTION I. Article 10 (commencing with Section 65500) is 2 added to Chapter 3 of Division 1 of Title 7 of the Government 3 Code, to read: 4 94 I ,----- . . . AB 680 -4- I Article 10. Sacramento Regional Smart Growth Act of2002 2 3 65500. For purposes of this article, the following definitions 4 apply: 5 (a) "Greater Sacramento region" means the region 6 encompassing the total combined area of the County of EI Dorado, 7 the County of Placer, the County of Sacramento, the County of 8 Sutter, the County of Yolo, and the County of Yuba. but does not 9 include the City of South Lake Tahoe. 10 (b) "Regional project" includes, but is not limited to, the II following: 12 (I) Regional transportation projects. 13 (2) Transit-oriented development. 14 (3) lnfill development. 15 (4) Development to provide a balance between jobs and 16 housing. 17 (5) Mixed use development. 18 (6) Quality oflife projects, including, but not limited to, theater 19 and the arts. 20 (7) Open-space acquisition. 21 (8) Other regional land use projects as determined to be 22 necessary by the Sacramento Area Council of Governments. 23 65501. Those moneys apportioned to the Sacramento Area 24 Council of Governments pursuant to subparagraph (C) of 25 paragraph (2) of subdivision (b) of Section 7215.1 of the Revenue 26 aRB TaxatiaR Case 3kall Be alleeateB fef the fl1::llf383e af IDHa.iflg 27 regi6Ral13rajeetj, B:) aeHRea. ia Seeti8H 65599. and Taxation Code 28 shall be allocated among qualified cities and qualified counties, 29 as dejined in Section 7215.1 of the Revenue and Taxation Code. to 30 jimd regional projects, as dejined in Section 65500. 31 65502. (a) It is the intent of the Legislature to enact a 32 program to establish the Greater Sacramento Regional Open 33 Space Recreation Conservancy for the purpose of acquiring 34 open-space land, as dejined in Section 65560. 35 (b) It is the jimher intent of the Legislature that the Greater 36 Sacramento Regional Open Space Recreation Conservancy be 37 funded with revenue from the following sources: 38 (1) Upon an appropriation by the Legislature, revenue derived 39 jivm bonds issued pursuant to Chapter 875 of the Statutes of2001. 40 (2) Regional impact fees. as described in subdivision (c). 94 r- . . . -5- AB 680 1 (c) It is thefitrther intent of the Legislature to enact a program 2 by which regional impact fees are imposed upon developers of 3 residential and commercial development in the greater 4 Sacramento region, except residential infill developments and 5 residential housing developments for persons of low and moderate 6 income. The amount of these fees may not exceed the benefits 7 derived by the developers upon which the fees are imposed, and 8 shall be based upon the following considerations: 9 (/) The proximity of the development to urban population 10 centers. II (2) The proximity of the development to various types of 12 farmland, including, but not limited to, prime farmland, farmland 13 of statewide significance, unique farmland, farmland of local 14 importance, or other categories of farmland as defined by the 15 Farmland Conservancy Program as administered by the 16 Department of Conservation. 17 (3) Existing development fees that are imposed by local 18 governments in the greater Sacramento region that have the same 19 jimdamental purpose as the fees contemplated by this section. In 20 the case of a local fee so imposed, those fees shall offiet the fees 21 contemplated by this section by up to two-thirds, but in no event 22 shall a developer pay less than one-third of the regional impact fee 23 contemplated by this section. 24 (4) The complexity of existing development fee structures in the 25 greater Sacramento region. 26 SEe. 2. Chapter 1.5 (commencing with Section 7215) is 27 added to Part 1.5 of Division 2 of the Revenue and Taxation Code, 28 to read: 29 30 31 32 33 34 35 36 37 38 39 CHAPTER 1.5. GREATER SACRAMENTO REGION PER CAPITA REVENUE ALLOCATIONS 7215. The Legislature hereby finds and declares all of the following: (a) The situs-based allocation of local sales tax revenue has caused serious fiscal problems and public service inefficiencies, as well as a fiscalization of governmental land use decisions that focuses upon maximizing sales and use tax revenue from retail establishments, rather than upon land use needs in the community. 94 r- . . . AB 680 -6- I (b) Among other things, the situs-based allocation of local sales 2 tax revenue has led to unhealthy competition among local 3 jurisdictions for retail development, and to local government 4 revenue streams that do not correspond to the level of public 5 services supported by those revenue streams. 6 (c) The adverse results of the situs-based allocation of local 7 sales tax revenue has impacted each county and city imposing a 8 sales tax, and has not been remedied by either existing law or by 9 local actions or agreements. Instead, existing law and the 10 dynamics of local government finance have maintained or even II exacerbated the adverse fiscal, governmental, and public service 12 consequences of a situs-based allocation of local sales tax revenue. 13 (d) The greater Sacramento region provides a unique and 14 instructive perspective on the issue of local sales tax revenue 15 allocation, inasmuch as the greater Sacramento region continues 16 to be subject to both extremely rapid development and new 17 incorporations of jurisdictions with authority, under current law, 18 to impose a local sales tax. These dynamics establish the greater 19 Sacramento region as a region that is uniquely suited for the trial 20 and implementation of a proposed regional local sales tax revenue 21 allocation program aimed at eliminating the adverse fiscal, 22 political, and public service consequences of the situs-based 23 allocation oflocal sales tax revenue. 24 (e) It is the intent of the Legislature, in enacting this act, to 25 implement a pilot program of local sales tax allocation in the 26 unique circumstances currently presented by the greater 27 Sacramento region, that will allow state and local governments to 28 jointly establish, test, and refine an alternative system oflocal sales 29 tax revenue allocation. It is the further intent of the Legislature that 30 this pilot program not be implemented statewide until after the 31 report described in Section 3 of the act adding this section is 32 submitted to the Legislature. 33 7215.1. Notwithstanding any other provision of this part, all 34 of the following apply: 35 (a) The board shall segregate into a separate account that 36 amount of sales tax revenue, net of refunds, that is collected 37 pursuant to this part in the greater Sacramento region as a result of 38 the application of a I percent sales tax rate imposed pursuant to this 39 part by either a qualified county or a qualified cio: or by a county 40 or city making an election under subdivision (f). 94 ~ . . . -7- AB 680 I (b) For the first calendar quarter of ~ 2004 and each 2 calendar quarter thereafter, the board shall apportion the revenue 3 segregated pursuant to subdivision (a) as follows: 4 (I) Each qualified county or qualified city shall be apportioned 5 its base quarter revenue amount. 6 (2) The remaining revenues segregated pursuant to subdivision 7 (a) shall be allocated as follows: 8 (A) One-third of the revenues shall be apportioned, in two or 9 more installments, among qualified counties and qualified cities 10 iR aeseraaflee w;itk ea6ft fltulliHea 8StlRty'3 al~a eaeft Cltialitied 11 eity'a f'r6IH~pti6f1.ate 3ftare eftke 8fl18tlftt3 Jegregatea ptlf31::l8ftt t6 12 slIBeivisieR (a). in the manner required by Section 7204. 13 (B) One-third of the revenues shall be apportioned, in two or 14 more installments, among qualified counties and qualified cities 15 in shares determined by multiplying that portion of the revenues 16 by the most recent jurisdictional share determined for each 17 qualiJying county and qualiJying city pursuant to Section 7215.2. 18 (C) One-third of the revenues shall also be apportioned in 19 shares detennined in the same manner as required by I'!lf!lplll'fl (2) 20 subparagraph (A), except that any share that is so calculated with 21 respect to a qualified county or qualified city that is not housing 22 eligible for that calendar year shall instead be apportioned to the 23 Sacramento Area Council of Governments for apportionment as 24 provided in Section 6550 I of the Government Code. 25 (c) For purposes of this chapter, all of the following apply: 26 (I)" Base quarter revenue amount" means an amount of sales 27 tax revenue that is equal to the amount of sales tax revenue for each 28 jurisdiction that a qualified county or qualified city in the greater 29 Sacramento region received in the corresponding calendar quarter 30 in the year~ 2003, except that for newly incorporated cities the 31 "base quarter revenue amount" is the corresponding calendar 32 quarter in the year prior to incorporation. 33 (2) "Greater Sacramento region" means the region 34 encompassing the total combined area of the County of EI Dorado, 35 the County of Placer, the County of Sacramento, the County of 36 Sutter, the County of Yolo, and the County of Yuba, but does not 37 include the City of South Lake Tahoe. 38 (3) "Qualified city" means a city in the greater Sacramento 39 region that imposes a sales tax pursuant to this part, that has a 40 population growth rate of more than one-half of one percent, and 94 ~ . . . AB 680 -8- I that has not met the requirements o/Sectioll 7215.3. but does not 2 include the City a/South Lake Tahoe. 3 (4) "Qualified county" means a county in the greater 4 Sacramento region that imposes a sales tax pursuant to this part, 5 that has a population growth rate of more than one-half of one 6 percent, and that has not met the requirements o/Sectioll 7215.3. 7 (5) A "qualified city" or "qualified county" is "housing 8 eligible" for a calendar year if the city or county meets all of the 9 following criteria: 10 (A) The governing body of the city or county has done either 11 of the following: 12 (i) Caused to be issued residential building permits for new 13 construction in the jurisdiction that, by regulatory agreement 14 recorded against the property, is affordable to, and occupied by, 15 low or very low income households (as defined annually for the 16 region by the United States Department of Housing and Urban 17 Development), at least one-half of which shall be affordable to 18 very low income households, or the jurisdiction has caused to be 19 issued permits for substantial rehabilitation (over seven thousand 20 five hundred dollars ($7,500) per unit construction contract value) 21 of existing residential units that are, by regulatory agreement 22 affordable to, and occupied by, low-income and very low income 23 households, that in the aggregate are equal to 5 percent or more of 24 their building permits for residential units built within the last year, 25 or averaging 5 percent over a three-year period. 26 (ii) Adopted a mixed-income housing ordinance that assures 27 construction of units affordable to a minimum of 5 percent very 28 low and 5 percent low-income households (total minimum of 10 29 percent) in any new residential development of more than 10 units. 30 (iii) A qualified city or a qualified county with a population of 31 I e,eee 15,000 people or less, is exempt from the requirements of 32 this subparagraph. 33 (B) The city or county provides domestic violence shelters and 34 shelter or year-round services for the homeless population in the 35 city or county, as determined on the basis of the minimum of 15 36 percent of the nationally recognized Urban Institute homeless 37 population estimation formula (I percent of the population within 38 a given jurisdiction). A qualified city or qualified county with a 39 population of 10,f)()0 15.000 people or less is exempt from the 40 requirements of this subparagraph. 94 r . . . -9- AB 680 I (C) The city or county filed an inventory of potential infill 2 development or open-space acquisition sites in its jurisdiction, and 3 an action plan for proceeding on those opportunities, in the form 4 and manner approved by the Sacramento Area Council of 5 Government Board of Directors. In each year thereafter, the Board 6 of Directors of the Sacramento Area Council of Government shall 7 certify both the receipt of the action plan, and that the city or 8 county has made substantial progress toward meeting the action 9 plan. 10 (6) "Smart growth principles" include, but are not limited to, I I programs designed to end the fiscalization of land use, including 12 regional equity in tax income; the provision of social services; 13 enhancing open-space and agricultural land acquisition; transit 14 oriented development; and infill development. 15 (d) Any agreement executed pursuant to Section 53084 of the 16 Government Code prior to the operation of this act shall be 17 operative as specified in the agreement. However, on and after the 18 operative date of this act, Section 53084 of the Government Code 19 does not apply to any qualified city or qualified county in the 20 greater Sacramento region. 21 (e) A city or county in the greater Sacramento region, that 22 imposes a sales tax pursuant to this part but is not a qualified city 23 or a qualified county. shall be allocated sales tax revenue as 24 otherwise required by this part in the absence of this section. 25 (f) Notwithstanding any other provision of this section, a city or 26 a county in the greater Sacramento region that imposes a sales tax 27 pursuant to this part and that has a population growth rate of less 28 than one-half of 1 percent may elect, by a resolution enacted by a 29 majority of its governing body, to participate in the allocation of 30 sales tax revenue according to this section. 31 7215.2. (a) No later than March I of-i!0032004andeachyear 32 thereafter, and within 30 days of determining new population 33 estimates pursuant to subparagraph (B) of paragraph (2) of 34 subdivision (c), the board shall calculate the jurisdictional shares, 35 determined pursuant to subdivision (b), for those counties and 36 cities imposing a sales tax pursuant to this part in the greater 37 Sacramento region. 38 (b) The board shall, for each county or city imposing a sales tax 39 pursuant to this part in the greater Sacramento region, determine 40 a jurisdictional share in accordance with the following formula: 94 r- . . . AB 680 -10- I (1) Detennine the total population of the greater Sacramento 2 region. 3 (2) Detennine the total population of the relevant county or 4 city. In the case of a county, total population means the total 5 population of only the unincorporated area of that county. 6 (3) Divide the amount detennined pursuant to paragraph (2) by 7 the amount detennined pursuant to paragraph (I). 8 (c) (I) Except as otherwise provided in paragraph (2), the 9 population detenninations described in subdivision (b) shall be 10 made upon the basis of annual population estimates that are made I I by the population research unit in the Department of Finance for 12 purposes of this section, and are transmitted to the board not later 13 than February I in each year. 14 (2) (A) For the 2003 calendar year, the population 15 detenninations described in subdivision (b) shall be made on the 16 basis of the later of the following: 17 (i) The most recent population estimates for counties and cities 18 in the greater Sacramento region, as otherwise required or 19 authorized by law, that have been made by the population research 20 unit in the Department of Finance. 21 (ii) The most recent census validated by the population 22 research unit in the Department of Finance. 23 (B) The population research unit in the Department of Finance 24 shall newly estimate the population of the affected city, and any 25 other affected city or county in the greater Sacramento region, and 26 provide those new estimates to the board within 30 days after any 27 of the following occur: 28 (i) A newly incorporated city in the greater Sacramento region 29 imposes a sales tax pursuant to this part. 30 (ii) A city in the greater Sacramento region that imposes a sales 31 tax pursuant to this part completes the annexation of additional 32 territory. 33 (iii) A consolidation of one city in the greater Sacramento 34 region with another city in that region results in a consolidated city 35 that imposes a sales tax pursuant to this part. 36 7215.3. A county in the greater Sacramento region, as defined 37 in Section 7215.1, is not a qualified county for purposes of that 38 section if all of the following conditions are met: 94 ~ . . . -11- AB 680 I (a) That county meets the requirements set forth in 2 subparagraph (B) of paragraph (5) of subdivision (c) of Section 3 7215.1. 4 (b) That county enacts ordinances and substantially complies 5 with these ordinances requiring all of the following: 6 (1) That a fair share of the greater Sacramento region s 7 residential housing needs for persons of low and moderate income 8 will be located in that county. 9 (2) That all new residential and commercial development occur 10 within the existing boundaries of a city within that county. II (3) That for every acre of new residential and commercial 12 development in the county, one acre be set aside in that city as 13 open-space land, as defined in Section 65560 of the Government 14 Code. 15 (c) The county and two or more of the cities in that county have 16 entered into a revenue sharing agreement, pursuant to Article 1 17 (commencing with Section 55700) of Chapter 5 of Part 2 of 18 Division 2 of Title 5 of the Government Code. 19 (d) For purposes of this section, "new" residential and 20 commercial development is development that occurs on or afier 21 January 1, 2004. 22 (e) Notwithstanding any other provision of this section, a 23 qualified city, within a county that meets the criteria of 24 subdivisions (a) to (c), inclusive, may elect, bya resolution enacted 25 by a majority of its governing body, to participate in the allocation 26 of sales tax revenue pursuant to Section 7215.1. 27 SEe. 3. On or before January I, 2010, the Legislative 28 Analyst's Office, in conjunction with the State Board of 29 Equalization shall report to the Legislature regarding the 30 reallocation oflocal sales tax revenue pursuant to this act. To the 31 extent possible, the Legislative Analyst's Office shall incorporate 32 comments from the Sacramento Area Council of Governments 33 regarding tbe impact oftbis act on affected local jurisdictions. The 34 report shall include, but not be limited to, the following: 35 (a) Estimates of the fiscal impact of this act on local 36 governments in the greater Sacramento region. 37 (b) To the extent that data are available, representative case 38 studies documenting whether land use decisions made by local 39 jurisdictions in the greater Sacramento region were affected by this 40 act. 94 r- . . . -13- AB 680 I discretionary portion of the State Transportation Improvement 2 Program. 3 (c) Any multicounty region in California that adopts regional 4 tax-sharing agreements or multicounty smart growth principles, as 5 defined in Section 7215.1, shall be entitled to both of the 6 following: 7 (I) Beginning in the 2008-09 fiscal year and upon 8 appropriation by the Legislature, I percent of the funds allocated 9 to the Transportation Investment Fund pursuant to Assembly 10 Constitutional Amendment 4 of the 200 I -02 Regular Session. I I (2) Ten points awarded for applications to the State Department 12 of Housing and Community Development for the Jobs-Housing 13 Balance Program, the Cal Home Program, and the Multi-Family 14 Housing Assistance Program. 15 SEC. 5. The Legislature finds and declares that a special law 16 is necessary and that a general law cannot be made applicable 17 within the meaning of Section 16 of Article IV of the California 18 Constitution because the unique fiscal, jurisdictional, and public 19 service dynamics in the greater Sacramento region provide a 20 unique opportunity to implement and refine possible solutions to 21 the fiscal, planning, and public service problems resulting from the 22 imposition of multiple local sales taxes. 23 SEC. 6. The Legislature finds and declares that requiring the 24 allocation of local sales tax revenue in the greater Sacramento 25 region on a per capita basis serves a public purpose of each county 26 or city imposing a sales tax in that region by reducing the unhealthy 27 competition that currently exists between these entities for new 28 retail establishments, helping to equate revenue streams with 29 public service requirements, and allowing land use decisions to be 30 made solely on the basis ofland use planning considerations. 31 SEC. 7. Notwithstanding Section 17610 of the Government 32 Code, if the Commission on State Mandates determines that this 33 act contains costs mandated by the state, reimbursement to local 34 agencies and school districts for those costs shall be made pursuant 35 to Part 7 (conunencing with Section 17500) of Division 4 of Title 36 2 of the Government Code. If the statewide cost of the claim for 37 reimbursement does not exceed one million dollars ($1,000,000), 38 reimbursement shall be made from the State Mandates Claims 39 Fund. 94 I . . . AB 680 -14- I SEe. 8. (a) This act shall not become operative if, during any 2 legislative session commencing with the 2001-02 Regular Session 3 to the 2009-10 Regular Session, inclusive. or any extraordinary 4 session that runs concurrently with those regular sessions. either 5 of the following occur: 6 (I) A bill is chaptered that decreases the amount of ad valorem 7 property tax revenue that otherwise would have been allocated to 8 a city or county within the greater Sacramento region, as defined 9 in Section 7215.1 of the Revenue and Taxation Code. under the law 10 in effect on January 1. 2002, for the purpose of increasing the II amount of ad valorem property tax revenue that is allocated to an 12 Educational Revenue Augmentation Fund. 13 (2) A bill is chaptered that decreases the amount of vehicle 14 license fee revenue that otherwise would have been received by a 15 city or a county within the greater Sacramento region, as defined 16 in Section 7215.1 of the Revenue and Taxation Code. under the 17 statutes in effect on January 1, 2002, or decreases the amount of 18 General Fund moneys that would have been received by a city or 19 county within the greater Sacramento region. as defined in Section 20 7215.1 of the Revenue and Taxation Code. under Section 11000 of 21 the Revenue and Taxation Code as that section read on January 1. 22 2002. 23 (b) If this actfails to become operative as a result of subdivision 24 (a). this act shall become operative on the date that one or more 25 bills are chaptered that remove the applicable condition or 26 conditions described in subdivision (a) by doing the applicable of 27 the following: 28 (I) Increases the amount of ad valorem property tax revenue 29 othenvise allocated to a city or county within the greater 30 Sacramento region. as defined in Section 7215.1 of the Revenue 31 and Taxation Code, to the amount that would have been allocated 32 to that city or county under the statutes in effect on January I. 33 2002. 34 (2) Increases the amount of vehicle licensefee revenue received 35 by a city or a county within the greater Sacramento region. as 36 defined in Section 7215.1 of the Revenue and Taxation Code, to 37 that amount of vehicle license fee revenues that would have been 38 received by that city or county under the statutes in effect on 39 JanuOlY 1.2002; or increases the amount of General Fund moneys 40 received by a city or county under Section II 000 of the Revenue 94 I . . . -15- AB 680 1 and Taxation Code to that amount that would have been received 2 by those cities or counties under that section as it read on January 3 1, 2002. 4 SEe. 9. This act shall become inoperative on the operative 5 date of a tax revenue-sharing agreement, entered into according 6 to state law, between all of the cities and all of the counties in the 7 greater Sacramento region, as defined in Section 7215.1 of the 8 Revenue and Taxation Code. o 94 I AB 680 Assembly Bill - Bill Analysis Page I of9 e AB 680 Page 1 ASSEMBLY THIRD READING AB 680 (Steinberg) As Amended January 29, 2002 Majority vote LOCAL GOVERNMENT 6-3 REVENUE AND TAXATION 6-2 ----------------------------------------------------------------- IAyes: IWiggins, Salinas, Correa, IAyes: ICorbett, Alquist, Wesson, 1 1 Diaz, Lowenthal, 1 I Cedillo, Koretz, Matthew I 1 Longville I 1 I I 1 I 1 1-----+--------------------------+-----+--------------____________1 1 Nays: 1 Cogdill, Daucher, Harman I Nays: 1 Harman, Wyland 1 I I 1 1 1 ----------------------------------------------------------------- APPROPRIATIONS 12-6 ----------------------------------------------------------------- e IAyes: IMigden, Alquist, Aroner, 1 ICedi11o, Goldberg, Papan, I lpavley, Simitian, 1 1 Thomson, Steinberg, I IWiggins, Wright 1 1 1 1 1 1-----+--------------------------+-----+--------------____________1 INays: IBates, Ashburn, Daucher, 1 I 1 1 1 Robert Pacheco, Runner, 1 I I 1 IWy1and 1 1 1 ----------------------------------------------------------------- SUMMARY Reallocates Bradley-Burns sales tax revenue growth within the greater Sacramento region on the basis of one-third to the situs where the tax was generated, one-third on a per capita basis, and one-third based on housing eligibility, as defined, and creates the Sacramento Regional Smart Growth Fund Allocation Program (CAPSMART) and the Sacramento Regional Open Space and Recreation Conservancy (Conservancy). Specifically, this bill l)Defines the "greater Sacramento region" (Region) as encompassing the Counties of El Dorado, Placer, Sacramento, Sutter, Yolo, and Yuba. 2)Defines "regional project" as including, but not being limited eiJ http://www.lira.netlbiIltexts/ea/OI02/asm/ab 680 efa 20020130 165830 asm tlnnrhtml mil ,noo? . . . 1'\B 680 Assembly Bill - Bill Analysis Page 2 of9 AB 680 Page 2 to, regional transportation projects, transit-oriented development, inti 11 development, development providing balance between jobs and housing, mixed-use development, quality of life projects (including, but not limited to, theater and the arts), open space acquisition, and other projects deemed necessary by the Sacramento Area Council of Governments (SACOG) . 3)Makes the following findings and declarations: a) Situs-based sales tax allocation has caused serious fiscal problems, public service inefficiencies, and has fiscalized land use decisions so that they focus on sales tax generation instead of community land use needs; b) Situs-based sales tax allocation has led to unhealthy competition between local jurisdictions for revenue-generating retail development and to revenue streams that do not correspond to the level of public service supported by those streams; c) Existing law and the dynamics of local government finance have maintained or even exacerbated the adverse consequences of situs-based sales tax allocation; d) The Region provides a unique and instructive perspective on this issue due to its rapid growth and the incorporation of new cities with authority to levy sales tax, which makes the Region uniquely suited to the trial and implementation of a regional local sales tax revenue allocation program aimed at eliminating the adverse effects of situs-based sales tax allocation; and, e) The Legislature intends this program to be a pilot program, and that it not be implemented statewide until the Legislative Analyst's Office (LAO) reports to the Legislature, as required by this bill, on or before January 1, 2010. 4)Requires the state Board of Equalization (BOE) to segregate Bradley-Burns sales tax revenue collected in the Region. 5)Requires BOE to apportion the segregated revenue as follows: a) Each qualified county or qualified city shall receive [ AB 680 Page 3 its IIbase quarter revenue amount." "Base quarter revenue http://www.lira.netlbilltexts/ca/0I02/asm/ab 6RO efa 20020110 1 "''i~10 ..m Annr html ()')/11/')()()') AB 680 Assembly Bill - Bill Analysis Page 3 of9 . amount" means an amount of sales tax revenue that is equal to the amount of sales tax revenue for each jurisdiction that a qualified county or qualified city in the Region received in the corresponding calendar quarter in the year 2002, except that for newly incorporated cities the "base quarter revenue amount" is the corresponding calendar quarter in the year prior to incorporation; bl The remaining revenues, constituting the growth in revenues over the 2002 base amount, shall be allocated as follows: i} One-third to qualified cities and counties based on each jurisdiction's share of sales tax-generating transactions; ii) each and, One-third to qualifying cities and counties based on jurisdiction's share of the Region's population; iii) One-third apportioned according to the above mechanisms, except that any such share of revenues calculated fo~ a jurisdiction that is not Ilhousing eligible" for the calendar year instead accrues to SACOG for use in paying for regional projects, as defined. 6)Defines "qualified city'! as any city within the Region that imposes a sales tax and has a population growth rate of at least .5%. . 7)Defines "qualified county" as any county within the Region that imposes a sales tax and has a population growth rate of at least .5%. 8)Designates a jurisdiction as Ilhousing eligible" for a calendar year if it meets all the following criteria: a) The governing body has either: i) Issued building permits or permits for substantial rehabilitation for housing for low- or very-low income households equal to 5% or more of the permits issued for units built in the last year or averaging 5% over a three-year period; or, IJ AB 680 Page 4 . ii) Adopted a mixed-income housing ordinance that assures that any new residential development of more than 10 units will include 5% units for low-income households and 5% housing for very-low income households. http://www.lira.net/billtexts/calOlO2/asm/ab 680 cfa 20020130 165830 a~m floor.hlml mll,nOO? AB 680 Assembly Bill - Bill Analysis Page 4 of9 . b) The city or county provides shelter or year-round services for its homeless population, determined to be 1% of the local population; and, c) The city or county files an inventory of potential infill development or open-space acquisition sites and an action plan for proceeding with those opportunities with SACOG. In subsequent years SACOG is to certify receipt of the plan and that the jurisdiction is making substantial progress towards implementing the plan. 91States that any agreement entered into by qualified cities and counties within the Region pursuant to Government Code Section 53084 concerning the relocation of automobile dealerships and big box retailers prior to the enactment of this bill shall be operative, but that this section shall not apply to qualified cities and counties within the Region subsequent to this bill's enactment. 10lRequires BOE, no later than March 1, 2003, and each year thereafter, and within 30 days of determining new population estimates, to calculate jurisdictional shares for cities and counties imposing a sales tax within the Region. . lllRequires BOE to calculate jurisdictional shares by first determining the total population of the Region and the total population of each city or county (in the case of counties, total population refers only to residents of unincorporated areas) imposing a sales tax within the Region, and then dividing the second of these numbers by the first. 12)Requires that these population determinations be based on the annual population estimates made by the population research unit of the Department of Finance (DOF) , except that for calendar year 2003 the determination shall be based on either DOFls annual estimate or the most recent census, whichever is later. o AB 680 Page 5 . 131Requires DOF to re-estimate the population of any affected city or county within the Region and report the estimate to BOE within 30 days if a newly incorporated city imposes a sales tax, a city in the Region annexes additional territory, or two or more cities in the Region consolidate into one city. 14)Requires LAO, in conjunction with BOE, to report to the Legislature no later than January 1, 2010, on the reallocation of sales tax revenues within the Region, incorporating to the http://www.lira.netlbilltexts/caJOI02/asmlab 680 efa 20020110 l/iSR10 ~<m flonr html (),,)/11/,)()()") . . . AB 680 Assembly Bill - Bill Analysis Page 50f9 extent possible comments from SACOG on local impacts. The report is to include the following: a) Estimates of local fiscal impacts; b) Representative case studies showing whether land use decisions have been affected by the provisions of this bill; c) Recommendations whether to continue the program and, if so, suggestions for amendments to better promote smart growth land use policy; and, d) An analysis of the number of permits issued for low- and very-low income housing, shelter and services for the homeless, infill development projects, open-space acquisition, and regional projects by local governments. l5)States the Legislature's intent to enact a program to encourage cities and counties within the Region to participate in responsible regional growth by rewarding jurisdictions that meet specified criteria. 16)Creates CAPS MART in order to provide smart growth incentive funding for transportation projects supporting smart growth strategies and identified as priority transportation funding projects by SACOG. 17)Authorizes the Department of Transportation (Caltrans) to designate Interregional Transportation Program funds for the purposes of CAPSMART, to be allocated to projeccs that have been evaluated subject to specified criteria and recommended by SACOG to Caltrans, which may then include the projects in the state discretionary portion of the State Transportation Improvement Program (STIP). AS 680 Page 6 18)Provides that any multi-county region in California that adopts regional tax-sharing agreements or smart growth principles shall be entitled to both 1% of the funds allocated to the Transportation Investment Fund (beginning in fiscal year (FY) 2008-09), and 10 points awarded for applications to the Department of Housing and Community Development for the Jobs-Housing Balance Program, the Cal Horne Program, and the Multi-Family Housing Assistance Program. 19)Creates the Conservancy to be funded by current and future statewide park bond funds and a regional impact fee to be assessed on commercial and residential developmept, subject to specified criteria. http://www.lira.net/billtexts/ea/0I02/asm/ab680efa20020130165830asmfloor.html 02/11/700? . . . .AB 680 Assembly Bill- Bill Analysis Page 6 of9 20)Permits a county to exempt itself from the tax-sharing provisions of this bill if the county has: a) Enacted a revenue sharing agreement with two or more of its cities; b) Enacted an open space and agricultural land preservation policy that preserves one acre for every acre of land developed; c) Established a policy to limit development to within existing city boundaries and has substantially adhered to it; d) Provided a "fair share" of the Region's affordable housing; and, e) Adopted this bill's homeless shelter provision and has additionally provided for domestic violence shelters. 21)Permits a city within a county that has opted out of the tax-sharing plan to choose to participate in the tax-sharing plan. 22)Provides that, if the Region develops an alternative to the revenue-sharing provisions set forth in this bill, that alternative shall supercede this bill's revenue-sharing provisions. 23)Delays implementation of this bill's provisions until January 1, 2004, in order to provide adequate time for the local c AB 680 Page 7 governments within the Region to develop an alternative if they so choose. 24) Allows of less sharing out of the tax sharing program will still be eligible for project funding and to participate in the regional conservancy. qualified cities and counties with a than .5% to choose to participate in program, and provides that a city or population growth the sales tax county that opts regional 25)Provides that, if the state reduces the amount of money going to local governments as backfill for reductions in the Vehicle License Fund, or increases the amount of property tax revenue going to the Educational Revenue Augmentation Fund (ERAF) , for FY 2002-2003, the tax revenue-sharing provisions of this bill are void. http://www.lira.net/billtexts/ea/OI02/asm/ab_680efa20020130165830asmfloor.html 02/13/2002 . . . -AB 680 Assembly Bill- Bill Analysis Page 70f9 26)Declares that a special law is necessary due to the unique fiscal, jurisdictional, and public service dynamics of the Region. EXISTING LAW l)Authorizes, under the Bradley-Burns Uniform Local Sales Tax and Use Tax Law, a county to impose a local sales and use tax of 1.25% and similarly authorizes a city located within a county imposing such a tax to impose a local sales tax of 1% that is credited against the county rate. 2)Requires any city, county, or city and county imposing such a sales and use tax to contract with BGE to administer the tax, and requires BGE to transmit sales and use tax revenues to the city, county, or city and county in which the tax was collected at least twice pet calendar quarter. FISCAL EFFECT Unknown COMMENTS The last 25 years have seen a profound change in the way local governments in California finance themselves. Starting with Proposition 13, and drastically accelerating after the imposition of the ERAF shift in the early 1990s, property tax revenues collected from home and business properties have become a significantly smaller percentage of the local AS 680 Page 8 government fiscal mix. As a result, sales tax revenue from retail transactions has assumed that much greater importance. Under Bradley-Burns, local governments are allocated 1% of the sales tax assessed for every retail purchase that takes place within their boundaries. This is commonly referred to as "situs-based" sales tax allocation. Given the current inflated importance of sales tax revenue to local governments' total fiscal mix, this has led to competition among local jurisdictions to bring more retail sales tax generators into their jurisdictions. In this scramble for retail sales tax, other priorities, including transportation, adequate housing supply, loss of open space and agricultural lands, and sustainable long-term land use planning, have suffered at a time when increasing population is placing new strains on already overburdened infrastructure and services. This phenomenon is commonly referred to as the fiscalization of land use. According to the author, the Sacramento region faces the prospect of one million new residents within the next 20 years. The impacts of the fiscalization of land use are already being felt throughout the region and will only get worse as the projected growth occurs. http://www.lira.netJbilltexts/ea/0102/asm/ab 680 efa 20020130 165830 asm floor.html 02/13/2002 . . . - AB 680 Assembly Bill - BilI Analysis Page 8 of9 While many cities and counties have expressed frustration at being forced to enter into bidding wars for sales tax-generating retail development at the expense of housing or other property tax-generating development, other cities have consciously chosen to be primarily commercial or primarily residential. It can be argued that a sales tax reallocation program that is seen as a godsend by one city could be seen as state-imposed coercion by another. This underscores the need for all the potentially affected jurisdictions within the Region to enter into serious negotiations over these issues. Amendments taken by the author in the Assembly Appropriations Committee provide an opt-out mechanism for cities and counties within the Region, and also provide time for the constituent jurisdictions to corne forward with an alternative to the revenue-sharing provisions of this bill. The amendments delay the implementation date of this bill's provisions until January 1, 2004. If the local governments within the Region are able to develop an alternative proposal before that time, then the revenue-sharing provisions of this bill will be void. '-' AB 680 Page 9 Analysis Prepared by 319-3958 J. Stacey Sullivan I L. GOV. I (9,6) FN: 0004167 http://WV.iW.lira.netlbilltexts/ealOI02/asm/ab680efa20020130165830a~mfloor.htm! 0?/111?OO? -. ~,~ , ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): Vote: Ayes }- YJ ,--/-/j-o;}- Item # /J. l/ -er Abstain Nays Change to motion to amend original documents: Reso. # On Attachments: / \ Contract term: ~ Note on Resolution of Attachment stored separately: =- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: 4- -I w - Od Date of Mayor's Signature: 4-\0~ Date of ClerklCDC Signature: it -\ 1-0::;;- Date MemolLetter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: \ \ Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: j Dev. Services Code Compliance City Attorney Parks & Rec. Police Public Services Water Notes: Resolution # er- .:LOO,;2 -IIC) Absent &- N ull/V oid After: By: - Reso. Log Updated: v' Seal Impressed: V Date Returned: - YesL No By_ Yes No By_ Yes N01 By_ Yes No By_ Yes No By_ EDA Finance IIDnwJ MIS ./ Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: 4-\ Q--o;1- Revised 01112/0 I