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HomeMy WebLinkAbout27-Council Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Councilwoman Wendy J. McCammack Subject: Report to the Mayor and Common Council on Councilwoman McCammack's attendance at the League of California Cities Housing, Community and Economic Development Policy Committee as well as the Revenue and Taxation Policy Committee Meetings in Sacramento. Dept.: Council Office Date: February 4, 2008 Synopsis of Previous Council Action: N/A Recommended Motion: To receive and file. Signature Contact Person: Councilwoman McCammack Phone: 5068 Supporting Data Attached: N/A Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. _ REVENUE AND TAXATION POLICY COMMITTEE Thursday,January 17,2008 10:00 a.m.–3:00 p.m. Sacramento Convention Center Revised "'' Intn Record at- AGENDA vf)evcros Mtg: __- 1. Welcome and Introductions ,ev�.c,.,C,, rr�.e�vwl�-�/4. � Cu,�cvrc�•c,�' 11. Public Comment �Ja Item 11r-27 III. Overview of Parliamentary Procedure and Roberts Rules(Hand t) IV. Committee Orientation �Z�. . City CIerkICDC Secy V. League Strategic Goals Ottuchment.4) city of San Bernardino V1. Review of Summary of Existing Policy & Guiding Principles (Attachment B) V11. Legislative Update (State and Federal) x(11. (10:30 a.m.) Special Guest: Betty Yee,Chair,California State Board of Equalization: A discussion with city officials about emerging issues related to sales and use taxes, and other issues. (.4 ttachment C–Electronic copy not available) ix. (11:00 a.m.) Review of Local Revenue Protections: Proposition I and Redevelopment Betsy Strauss, Special Counsel, League of California Cities Brent Hawkins, Special Counsel, California Redevelopment Association John Shirey, Executive Director, California Redevelopment Association (Attachment D– E/«u nnic• cop,•not uvadable) X. Assembly Member Roger Niello(R)-- Sacramento, Vice-Chair, Assembly Budget Committee. Republican reaction to Governor's Budget. 1.41tachmew E- 1:12tro;li NvuK X1. (1 1:40 a.m.) Fred Klass, Chief Operating Officer,State Department of Finance, Presentation on Governor's Budget X11. Lunch--Noon X111. (12:30 p.m.) Existing VLF revenue"bump" for Annexations and Incorporations: Should the League Support the Extension of provisions of AB 1602(Laird)? -Michael Coleman, Fiscal Policy Advisor, league of California Cities -Tamra Middlecamp, Senior Management Analyst, City of Temecula - Bill Chiat, Executive Director, California Association of Local Formation Commissions (CalLAFCO) (,=1 ttachment F) (1:00 p.m.) Assembly Member Anna Caballero,(D)—Salinas,Chair, Assembly Local Government Committee. Perspective on the State Budget, and discussion with Committee Members on potential impacts on local government. (Attachment G-Electronic copy rot available) XIV. (1:30 p.m.) Update on Streamlined Saes Tax Project: Adoption of New Sourcing Amendment. -Fran Mancia, Director of Government Relations, MuniServices -Fran Delach,City Manager, City of Azuza 2� r� XV. (2:00 p.m.)Committee Work Program i • 2007 Work Program Status (Attachment H) • 2008 Work Program (Attachment/) XV11. Next Meeting: WEDNESDAY, April 2, 2008–Ontario Convention Center -Over- 10:36 FIX. 909 3:84 3105 SB CITY-COUNCIL OFFICE McCA3i`i.�VCK-Work X0(13 RESrENM AND TAXATION POLICY COMNIITTEE WGIEUG18,T8 January 17,2008 Sacramento Convention Center A TTENDANCE Members: Jay Goldstone(Chair), San Diego; Terry Henderson(4"ice Chair), La Quinta; Karen Avilla, Carson;Robert Biery, Westlake Village; Jean Blois,(3oleta;Mary Bradley, Sunnyvale;Holly Brock- Cohn,Hayward;Ken Campo, Vacaville; John Chlebnik,Calimesa; Stanley Cohen, Sonoma; Cheryl Cox, Chula Vista; Amy Cunningham, Dublin;Dick Daniels,Escondido; Fran David,Hayward; C:aro'xe Dillon- Knutson,Novato; Richard Dixon,Lake Forest; Michael Edmiston, California City; Iya Falcone, Santa Barbara;Shari Freidenrich,Huntington Beach; Kathleen Griffith, Lompoc; Helen Hall,Fullerton; Matthew Ha.wkesworth,Rosemead; Jim Janney, Imperial Beach; Susan Loftus,San Mateo; Ludmyrna Lopez,Richmond; 'Wendy McCammack, San Bernardino;Paul Navazio,Davis; Alford Nero,,Brea; Michael Noll, Signal Filly Laura.Parisi, Laguna Beach; Martin Pastucha,Pasadena; Candy Pierce, Chico; Sepi Richardson,Brisbane; Doug Robertson, Victorville; David Sander,Rancho Cordova; Sonya Silva, Newman; Arne Simonsen,Antioch;Karen Stepper,Danville; Fred Strong,Paso Robles; Cody Tubbs, Elk Grove; Charles View,Brea,;Joe Vinatie. , Whittier; Roy Wasden,Modesto; Robert Woolley, Clovis Staff: Dan Caarigg League Partrier: Denise C)vrorn, Associate, HdL Companies Guests: Fran Mancia, Director, Governmental Affairs,MuniSeMces. A substitute attended for Pam Eastc.r, Assistant City Manager,Rancho Cucamonga I. Welcome and Introductions Chair Jay Goldstone welcomed everyone to the first meeting of the year for the Revenue& Taxation Policy Committee. Self introductions followed. m[. Public Comment- None received. ;H1. Overview of Parliamentary Procedure and Roberts Ruffles Chair Goldstone referenced the handouts and asked committee members to follow Roberts Rules when conducting policy committee business. IV. Committee Orientation Chair Jay Goldstone referenced the Summary of Existing Policy&Guiding;Principles for the Revenue&Taxation Policy Cornnitittee. This document provide=s guidelines on what positions the League adopts on measures with fiscal implications. Mr.Goldstone also went over the informal rules of the corrirnittee and how the meetings will be run. V. Review of Summary of Existing Policy &Guiding.Principles League Legislative Director,Dan Carrigg,explained the one propt:used addition to the Principles to be included in the 2008 update, to reflect the Committee's past support for state disaster recovery legislation- The committee adopted the following additional language to the League's Revenue and Tmtion Principles: 'When disasters occur in various areas of the sxate, the stage government has traditionally .stepped in to assist with recovery efforts through various mceans, including the passage of legislation to provide income and property tray relLIfto affec�ted individuals and businesses, and reimbursing local governmena far their losses. The League supports 1 1.2.20 08 10,37 FAX 909 384 5105 SB CITY-COUINCIL (OFFICE McC JMAL4,C:R-Fork 10004 1 disaster recovery legislation that includes mitigation for losses exprtrtenced by local governments." VL League Strategic Goads Chair Goldstone reviewed the 2008 League Goals, developed under the theme "Building Sustainable Communities:" • Protect funding for vital cominuruty services Support green and sustainable cities a Expand infrastructure investment Enact honest and reasonable eminent domain reform VU. Legislative Update Dan Carrigg gave a brief update on the status of the budget. He noted that while the proposed 10%across the beard out also did affect COPS and booking fee programs, that neither local property taxes nor sales tax on gas revennues were proposed to be borrowed as part of the Governor's budget. Lean also updated the commideee on the recent passage of the new federal Energy Effi6ency and Conservation Block Grant program, and reminded then that the existing federal moratorium on taxation of Internet access had been extended by federal legislation for an additional seven years: Chair Goldstone suggested that m anticipation of the need to respond quickly to developments on the budget,the committee should form a temporary subcommittee to be available to react to various proposals. The committee agreed,and a sign-up sheet was circulated. Special Gust: Betty Yee,Chair, California State Board of Equalizations: State Board of Equalization Chairwoman Betty Yee attended the League's Revenue and Taxation Committee meeting to deliver a synopsis of signnifcant issues for cities,including California's budget crisis. As part of her introductory cottunents she mentioned her many years of work on local government issues both as a consultant:in the State Capitol and with the Department of Fizzance. Chairwoman Yee spent a significant amount of time covering;fees and taxes administered by the Board. An issue of particular interest for Ms, Yee is the continued effort to collect use taxes and to support efforts,staffing levels and Iegislation that would result in the collection of additional use talc revenues owed to the State. She spoke about some of the other issues she has focused on at the BOE,including working on petrol refinery issues with counties; leveling the playing field so that registered domestic partners were handled in same manner as married individuals; continuing;to work on"digital infrastructure"issues such as music downloads; and the legal complexity of medical mari.i usina dispensaries. bAs. Yee also highlighted several proposals m the Governor's Budget to help close the budget gap,including collecting an additional 5129 million in sales and use tae by increasing enforcement. In response to a question on the Streamlined Sales Taut project, she responded that the SCE's focus on the Streamline Sales Tax project was dropped because of the uniform sourcing rule, California's complicated sales tax system,and the politiral reality that it was mlikely that the state would agree to erode current legislative power and align its laws to join the project_ She said she welcomed input from the comsanittc a can this topic. 2 37 Mi 909 3t4 51115 :qtr C-S l i-t_UU1Vl.1L UYP141". ► at l=i_ri-• ur a uv.J Vffi. Review of Local Revenue Protectioas: Proposition IA and Redevelopment Betsy Strauss,Special Counsel, League of California Cities;Brent Hawkins,Special Counsel, California Redevelopment Association; and John Shirey,Executive Director, California Redevelopment Association,provided a joint panel and PowerPoint presentation on the contents of Proposition 1A of 2004,and its protections for local property=es. The discussion of redevelopment centered on the many negative potential consequences on redevelopment authority,rent control ordinances,water supply projects, nclusionary zoning and general local land use authority froze the proposed initiative sponsored for the rune 2008 h-lint hir the Wmifnrd Tnmin Tnumninu e A■■r■lane (Muir i mir + nn) LX. Assembly Member Roger Niello (R)--Sacramento,Vlce-Chair,Assembly Budget Committee. Republican reaction to Governor's Budget. Assembly,Member Roger Niello outlined sortie of the highlights of the Governor's Budget which was just beginning tea be reviewed by the Legislature. He voiced concern for tt'rr. prison release proposal, and said that the state was facing severe challenges and it would be a long year. X. Lunch--Noon ,a. Discussion of SB 301 (Romero)and the proposed extension of provisions of previously League-sponsored AB 1602 (Laird). Michael Coleman,Fiscal Policy Advisor, League of California Cities;Tamra Middlecaanp, Senior Management Analyst, City of Temecula; and Bill ChiaE,Executive Director, California Association of Local Formation Commissions(CalLAFCO); and Terry Schanz, Consultant,Office of Senator Gloria Romero, formed a panel to discuss 0301 omerol SB 301 alters the sunset date included in prior League-sponsored AE 1602 (Laird)of 2006, which provided an increased allocation of city Vehicle License Fee revenges for new incorporations and annexations by cities of inhabited areas. In brief';the legislation permanently removes the sunset date of July 1,2009,for feature annexations by cities of inhabited territory, and extends to July 1,2014, the sunset date as it applies to new incorporations. The law put in place by AB 1602 was adopted in reaction to the nu inbeT of pending annexations aW incorporations that were "caught in the middle"when the VLF-property tax swap occurred in 2004. The details of the proposal were developed by a subcomnuttec of the League's Committee on Revenue and Taxation. The reason for the sunset was to allow enough time for pending proposals to continue to move forward. Cities and incorporation groups now view this law as vital to future inhabited annexation and incorporation proposals. According to an analysis of city VLF revenues prepared by League'Fiscal Consultant Michael Coleman, while these revenues can be very helpful to affected annexations and incorporations, the long-term impact on all city VLF fords,plus the property tax cities received in lieu of VLF clue to the swap,amounts to less than 2%of total. Prior to the%`Ll proper by tax swap,cities received approximately$60 per capita in VLF revenue,but after the :5wap, they received approximately$S per capita. In the swap, existing cities received property taxes in exchange for their VLF on a dollar-for-dollar basis,and those amounts now grow as property taxes. So far this exchange has proven to be positive for cities,as property tax has grown much faster than VLF. The reduction of per-capita VLF amounts,however., drastically altered the financial analysis of pending annexations of inhabited areas and incorporations that were contingent on receiving per-capita VLF. 3 10:38 FAI X09 381 5105 SB CI'I1-COUNCIL OFFICE a McCAM- LCK-cork 0008 r After, several motions,the committee voted to support Sly 301.as described abcive. The committee also stated its support for the future remval of the sunset that applies to new mcorporatioii3. Assembly Member Anna Caballero,(D) Salinas,Chair,Assembly Local Government Committee. As part of her introductory eonuncrits,Assembly Member Caballero mentioned her years at ft local,government level as Mayor of Salinas and bee understanding of the perspective of local government toward the state. She spoke of her frustration with the challenges posed by the state budget and was critical of the across tle board approach taken by the Governor. -XM Update on Streamlined Sales Tax Project: Adoption of New Sourcing Amendment Fran Mancia, Director of Government Relations,MuniServices; and Fran Delacb, City Manager.City of Ate., updated the committee on the status of the Streamlired Sales Tax Project. Tl3.e Streamlined Sales Tax.Praje.cL(SSTP)was initiated.in Much of 2000 as a result of the Congressional action on the bternet Taut Freedom Act. The ptarpose of the SSTP was to analyze how rate and local governments were impacted by interstate conuneree and the lost Internet sales tax. The unstated goal of the project is to convince Congress,as a trade off for -ales tax simplifieatiorb, to modify existing law so t+bat states can collect sales tax m ra- ote sales(Internet purchase`s,mail orders,etc.)from retailers who have no physical presence or "nexus"inside the state. While many states have joined: die problem with the grow`,h of the SST?has generally been focused on an issue called"Sourcirg",the deteamination of where sales tax should l`e allocated.. Many states clwSc ant:collect sales tax on non-general merchandise materials; (appliances,automobiles,equipment,large sup ply orders),on a"destination"based system, or point of use system. Many of the larger,more metropolitan states,however,hav a sales tax system primarly based on an"origin"based system„or"point of sale." An origin base or"point of sale"system is used in California,Texas,New York, Illinois, and Virginia to name a few. Mr.Maneia and Mr. Delach informed the committee about a recent proposed amendment by the States of Ohio and Olelahotm that would aid the SSTP Regulations to allow"origin based" sourcing within a state, This factor would allow states like California and Texas te. join the SSTP without significantly damaging the economic tax structure for local government. The next Governing Board Meeting will be held in Reston Virginia,on April and a primary topic of discussion will be language related"to sourcing of services." After responding to several questions,the committee approved a motion for the League to se;ad,a.letter to Betty Yee encouraging the BUE to re-eu age in the Project The Committee -.i!so expressed interest in forming a subcommittee to review the details of the recent sourcing proposals. klYt. Committee Work Program League Legislative Director,Deus Carrigg,opened the discussion regarding the proposed 2008 Work Program for the Revenue&Taxation Policy Committee. The draft work program incorporated the League's 2008 priorities,as well as some issues remaining from the 2007 year, After some discussiom,the proposed 2008 Work Program was approved. It will br submitted to the League Board in February. )IV. Nest Meeting: WEDNESDAY,Agrid 2,2008—Ontario Convention Center 4 HOUSING,COMMUNITY& ECONOMIC DEVELOPMENT POLICY COMMITTEE Friday,January 18, 2008 10:00 a.m. —3:00 p.m. o _� Sacramento Convention Center co F C-- � .,cza AGENDA cn `c I. Welcome and Introductions IL Public Comment N III. Overview of Parliamentary Procedure and Roberts Rules (Handout) cn co IV. Committee Orientation V. League Strategic Goals (Attachment A) VI. Review of Summary of Existing Policy& Guiding Principles (Attachment B) VII. Committee Work Program • 2007 Work Program Status (Attachment C) • 2008 Work Program (Attachment D) VIII. State Budget Update IX. Legislative Update(Handout) X. Guest Speaker: Lynn Jacobs, Director,California Department of Housing and Community Development XI. Update on SB 375 XII. Climate Change Principles(Attachment E) XIII. Subprime Mortgage Crisis Update(Attachment P-) XIV. Guest Speaker: Lori Saldana,Assembly Member,76`h District,and Chair,Assembly Committee on Housing and Community Development XV. HCED Subcommittee Status Update XVI. Next Meeting: THURSDAY, April 3,2008—Ontario Convention Center Brown Act Reminder, The League of California Cities'Board of Directors has a policy of complying with the spirit of open meeting laws. Generally,off-agenda items may he taken up only if. 1) Two-thirds of the policy committee members find a need for immediate action exists and the need to take action came to the attention of the policy committee after the agenda was prepared(Nose: lffewer than two-!hinds ofpo/icy committee members are present,taking up an off-agenda item requires a unanimous vote):or 1) A majority of the policy committee finds an emergency(for example:work stoppage or disaster)exists. A majority of a city council may not,consistent with the Brown Act,discuss specific substantive issues among themselves at League meetings. Any such discussion is subject to the Brown Act and must occur in a meeting that complies with its requirements. NOTE:Policy committee members should be aware that lunch is usually served at these meetings.The.state's Fair Political Practices Commission takes the position that the value of the lunch.should be reported on city officials'.statement of economic interests form. Because of the service you provide at these meetings,the League takes the position that the value of the lunch should be reported as income(in retum for your service to the committee)as opposed to a gift(note that this is not income for state or federal income tax purposes just Political Reform Act reporting purposes). The League has been persistent, but unsuccessful,in attempting to change the FPPC'.s mind about this interpretation. As such,we feel we need to let you know about the issue so you can determine your course of action. lfyou would prefer not to have to report the value of the lunches as income,we will let you know the amount so you can reimburse the League. The lunches tend to inn in the S25 to SS35 range. To review a copy of the FPPC's most recent letter on this issue,please go to www carutes org ITN'letter on the League's website. 't;�?`�'Ot7�1 id; 1: FAX 9G0 13 31C►5 SB CITY-COUNCIL OFFICE Mr-CAM?iACK-work `i 003 relating to the state mandating specific ways or methods of accomplisF ing state goals(for example, funding natural gas but not bio fuel,even though both may achieve the same or similar re_,wuit). • Requiring LAFCO's to Consider Blueprints in Changes to Organization. (This item was placed on the agenda for general discussion only, no action). The League has long articulated the, cities are subject to two different and unrelated processes when it comes to p1mining for growth. First,there is the county specific LAFCO process that governs annexations and the extension of municipal services and special district boundaries(among other things). Increasingly,however, there is an evolving se�.ond mechanism, coined"regional blueprints,"that are often multi-county and do not necessarily take LAFCO plans into account. but nevertheless often serve as the basis for housing allocations (Regional Housing Deeds Assessment)and transportation funding under the Regional Transportation Plans. There is nothing that requites LAF COs to consider regional planning. One bill that is likely this year is to add the consideration of regional blueprint goals and strategies;to the list of 16 other factors that a LAFCO must consider when making a decision on an application for change of organization(which includes annexations and incorporations). The committee discussed this idea,and there were a variety of opinions. Some committee members expressed support for blueprints in general, and other members t�tt that ibis change would make blueprints themselves become less voluntary. One idea that was not objected to would be to have LAFCOs consider the Regional Transportation Plan;, which is often influenced by Blueprints but controls real investment in infrastructure, instead of Blueprints. h X. truest Speaker: Lynn Jacobs,Director,California Department of Housing and Community Development Lynn Jacobs, Director of,the California Department of Housing and Community Development(HCD), addressed the committee about a number of items including the search for a permanent source for affordable housing, Proposition I money,the subprime mortgage crisis, and HR 2764, 14CD wall be holding a number of regional meetings to talk with local governments, businesses and educational communities about finding a permanent source for affordable housing. Meeting=s will be held in Orange County, Sacramento, Riverside, Fresno, Sin Diego aizd the BaL, area—more information about dates and times for meetings can be found e't wtiv'W.i'1C(�.Ca.�ESY. Xi. Update on Ski 375 Bili Higgins provided an overview of where the League is on SB 375; including a rzcap of the legislative histon;of the bill and the meetings that the League board has had with both the sponsor and the author(Senator Steinberg) in 2007. League staff has been working;hard to suggest language that would make the bill"work." Specifically,staff divides the bi",1 into three issues: • Using regional transportation planning as a tool to develop a strategy(called a "sustainable communities strategy)to reduce the GHGs that come from car..; and light trucks(which account for more than Mo of total GHGs). n is 2008 16::i:' FAX 909 384 5103 SB CITZ-COUNCIL OFFICE y '_41CC. MACK-Burk 21009 • Streamlining CEQA review for projects that are consistent with the sustainable communities strategy. • `'ghat is missing from the bill: reconciling G1gG strategies with the RHNA process and identifying tools for local agencies to build the :infrastructure necessary to serve new growth in infill areas. League staff us working with the author and the sponsor to address issues of local concern in ail of these areas. A recent development is that all the local government representatives,�, including C 0s, Counties, LAFCOs,Cities, and some transportation agencies have been',. working very closely together to coordinate responses and help assure that the bill addresses emissions goals in an effective manner. ?i;l. Climate Change Principles Kyra Ross, Lague lobbyist on environmental issues, led the discussion about the proposed Climate Change Principles. The League's Climate Change Working Group was approved by the League's Board of Directors in February to"...develop recommendations for League Climate Change Guiding Principles that the League can use in evaluating legislation to determine a League position...." The Working Group, consisted of representatives from three League policy committees(EQ, ICED and TCPW),and met at the League offices on March 1,2007 and subsequently by telephone conference call. Their recommendations were provided to policy committee members in March 2007 and subsequently considered by the League Board in May 2007. Because of the large discrepancy between the policy committee changes, the League Board chose to send the proposed climate change policies back to the Working Group for further refinement. The Working Group met again in October 2007 and subsequently by phone in November 2007. The focus of the Working Group and policy committees was to consider and recommend positions or policy principles that would guide League staff when they review legislation related to cities and climate change. The committee had several questions about the proposed principles, but ultimately decided to €uppurt the changes that were adopted by the Environmental Quality Policy Committee. League staff will merge the three versions of the principles(EQ,HCED, and TCPW), which will then be sent to the League Board for discussion and approval at the February Board meeting. XHI. Subprime Mortgage Crisis Update Chair Ken Cooley briefed the group about the subprime mortgage crisis, including the documents he put together regarding the many resources that are available to homeowners. Ken also referred committee members to the League website,which has a new page devoted entirely to this issue: www.cacities.orgisubprime. XIV. Guest Speaker: Lori Saldana,Assembly Member,76*District,and Chair,Assembly Committee on Housing and Community Development Assembly Member Lori Saldana was elected in 2004 and is currently on her second term. She is the Chair of the Assembly Committee on Housing and Community Development. 5