Agenda Item No. 5
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: September 11, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Assistant City Manager
SUBJECT: Letter of Support for Assembly Constitutional Amendment 13
RECOMMENDATION
Authorize the Mayor to sign a letter supporting Assembly Constitutional Amendment 13 (ACA 13), also known as the “Protect and Retain the Majority Vote Act.”
BACKGROUND
Recently, an initiative funded by a group of primarily large business interests in the state called the California Business Roundtable qualified for the November 2024 statewide ballot. The initiative, titled "Taxpayer Protection and Government Accountability Act” (CBRT Initiative) seeks to limit the ability of state and local governments to enact, modify or expand taxes, assessments and fees. If passed, the initiative would reinstate the two-thirds voter approval requirement for any new or modified special taxes. Additionally, the initiative would require that local increases to taxes or fees be approve by a majority of statewide voters, create new grounds to legally challenge governmental funding sources, and retroactively void all state and local taxes or fees adopted after January 1, 2022 if not in compliance with the restrictions of the initiative.
The City Council approved submission of a letter of opposition to the CBRT Initiative on March 13, 2023 in conformity with the City’s 2023 Legislative Platform shown in Attachment 2. The Platform indicates that the City should oppose legislation that increases the threshold for voters to pass new or increased state or local taxes needed to fund local services and infrastructure.
The League of California Cities (Cal Cities) also strongly opposes this initiative.
In response to this proposed initiative, Assembly Members Aguiar-Curry, Berman, and Lee introduced Assembly Constitutional Amendment (ACA) 13. ACA 13 stipulates that any amendment to the state constitution that would require a supermajority vote of the electorate to approve any state or local measure, including increases to taxes or selling of bonds, would have to pass by the same supermajority it would impose. If approved by the Legislature and signed by the Governor, ACA 13 would be placed on the March 2024 ballot and if passed would require the CBRT Initiative to receive a two-thirds vote by the November 2024 electorate to prevail. ACA 13 passed the Assembly on September 6 and will be heard by the Senate by mid-September.
In conformity with the Council’s previous action, staff recommends the City join Cal Cities and other local government advocacy groups in supporting ACA 13. The proposed letter of support to the City’s representative in the State Senate, Senator John Laird, is shown as Attachment 1.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Staff Report: Letter of Support for Assembly Constitutional Amendment 13 Page 2 September 11, 2023
ALTERNATIVES
The Council has the following alternatives to consider:
1) Authorize the Mayor to sign a letter supporting ACA 13, also known as the “Protect and Retain the Majority Vote Act”; or
2) Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Letter of Support for ACA 13
2. 2023 City of Grover Beach Legislative Platform
City of Grover Beach
Mayor Karen Bright Mayor Pro Tem Robert Robert
Council Member Daniel Rushing, Council Member Clint Weirick, Council Member Zach Zimmerman Matthew Bronson
City Manager
154 South Eighth Street Grover Beach, California 93433 www.groverbeach.org Administrative Services/Water (805) 473-4550 City Council/City Manager (805) 473-4567 City Clerk (805) 473-4568 Community Development - Building, Planning & Economic Development (805) 473-4520 Human Resources (805) 473-4564 Parks & Recreation (805) 473-4580 Police/Non-Emergency (805) 473-4511 Public Works (805) 473-4530 September 12, 2023
The Honorable Senator John Laird
1021 O Street, Suite 8720
Sacramento, CA 95814
RE: ACA 13 (Ward) Voting Thresholds
Notice of SUPPORT (As Amended 8/17/2023)
Dear Senator Laird:
The City of Grover Beach supports ACA 13 (Ward), which would require any constitutional amendment proposed by an initiative that increases a vote requirement for future measures to be approved by the same proportion of voters. The measure would also preserve the right of cities to place advisory questions asking voters their opinions on the ballot.
Under current law, a simple majority of voters (50% + 1 vote) may vote to require a supermajority (for example, 66%) voter approval for future action. This framework has given disproportionate power to a small number of voters: Little more than one-third of voters can prevent the enactment of laws that a majority of voters agree upon.
At the local level, this has made it unnecessarily difficult to pass revenue measures dedicated to critical services, such as homelessness and housing, fire, public safety, and roads. For example, from 2001-2018, city revenue measures with a two-thirds vote requirement have enjoyed only a 51% passage rate, compared to a 70% passage rate of all local revenue measures over the same period. The status quo has prevented cities from providing desperately needed services.
ACA 13 addresses this issue by simply requiring any initiative that enhances a voter requirement to pass by that same voter requirement. ACA 13 is a fair, good government proposal that protects the principles of democracy and majority rule.
For these reasons, the City of Grover Beach supports ACA 13.
Sincerely,
Karen Bright, Mayor
City of Grover Beach
Attachment 1
cc. Assembly Member Dawn Addis
David Mullinax, League Regional Public Affairs Manager (via email) Meg Desmond, League of California Cities, [email protected] City of Grover Beach
2023 Legislative Platform
Approved by City Council March 27, 2023
Attachment 2
Contents
SECTION 1 – INTRODUCTION................................................................................................. 1
1.1 General Purpose.......................................................................................................... 1
1.2 Authority ...................................................................................................................... 1
1.2.1 Adoption. .............................................................................................................. 1
1.2.2 City Manager Authority. ........................................................................................ 1
1.2.3 Limit to City Manager Authority. ............................................................................ 1
1.3 Distribution................................................................................................................... 1 SECTION 2 – GENERAL GOVERNMENT................................................................................. 1
2.1 Local Control................................................................................................................ 1 SECTION 3 – LOCAL GOVERNMENT FINANCE...................................................................... 2 SECTION 4 – PUBLIC Safety .................................................................................................... 2
4.1 Emergency Response.................................................................................................. 2
4.2 Crime Reduction .......................................................................................................... 2
4.3 Victim’s Rights ............................................................................................................. 2 SECTION 5 – TRANSPORTATION AND PUBLIC WORKS....................................................... 3
5.1 General Infrastructure.................................................................................................. 3 SECTION 6 – RESOURCES AND ENVIRONMENT .................................................................. 3
6.1 Water Resiliency.......................................................................................................... 3
6.2 Organic Waste Disposal............................................................................................... 3 SECTION 7 – COMMUNITY DEVELOPMENT........................................................................... 3
7.1 Housing and Homelessness ........................................................................................ 3
7.2 Commercial Cannabis.................................................................................................. 4
7.3 Travel and Tourism...................................................................................................... 4 1 SECTION 1 – INTRODUCTION
1.1 General Purpose
The City of Grover Beach Legislative Platform (Platform) is adopted to formalize Council priorities and allow for expedient promotion of the City’s interests in legislative matters.
The Platform is designed to guide the Council and staff in taking appropriate action on legislative proposals and actions in the State and Federal governments.
1.2 Authority
1.2.1 Adoption - The Platform is developed with input from all City departments and is adopted by the City Council annually.
1.2.2 City Manager Authority – The City Manager or designee may take actions to support or oppose proposed legislation without prior approval of the City Council when consistent with the platform, provided that the City Council may set or change the City’s established position on any specific legislation even it inconsistent with this Platform’s general position.
1.2.3 Limit to City Manager Authority – The City Council will maintain sole authority to establish an initial position for any proposed legislation that would result in the matter coming before voters as a statewide ballot measure, such as California constitutional amendments, a statewide bond measure, or a measure amending a previously-approved statewide ballot measure.
1.3 Distribution
Upon the Council’s annual approval, the Legislative Platform shall be distributed to California’s U.S. Senators, U.S. Congressmembers, as well as all California State Constitutional offices representing the City, all California State Senator(s) and Assemblymember(s) representing the City, the National League of Cities and the League of California Cities.
SECTION 2 – GENERAL GOVERNMENT
2.1 Local Control
• Support legislation that enhances local control for various permitting, land use, contracting and discretionary actions and allows cities to address the needs of local communities within a framework of regional cooperation
• Oppose legislation that preempts local authority and impedes the City’s ability to address community needs.
• Oppose legislation that imposes unfunded or insufficiently funded mandates by the State.
2 SECTION 3 – LOCAL GOVERNMENT FINANCE
• Support legislation that protects, increases and/or modernizes revenue streams for local priorities.
• Support legislation to provide full and prompt reimbursement to all local agencies for all state-mandated programs and/or infractions and losses associated with local revenue shifts.
• Support legislation that creates streamlined and less competitive funding opportunities for cities with smaller budgets, geographical size and population, such as the City. • Support legislation that fully funds positions in State and Federal agencies that can accelerate the prompt administration of funding and reimbursements from those agencies to the City.
• Oppose legislation that mandates new duties, responsibilities or obligations to a City under state realignment.
• Oppose legislation that increases the threshold for voters to pass new or increased state or local taxes needed to fund local services and infrastructure. • Oppose legislation that eliminates or restricts control of or creates barriers to the City’s revenue sources.
• Oppose legislation that restricts the City’s ability to contract for goods or services or otherwise increases costs of contracting for goods or services.
SECTION 4 – PUBLIC SAFETY
4.1 Emergency Response
• Support legislation to provide funding for disaster prevention efforts, emergency response planning, and training and equipment for response and recovery efforts. • Support legislation to develop and implement statewide-integrated public safety communication systems.
4.2 Crime Reduction
• Support legislation to allow for greater crime reduction in the community. • Support legislation to add fentanyl to the list of illegal substances subject to the existing weight enhancements for criminal sentencing.
4.3 Victim’s Rights
• Support legislation increasing the rights of victims of crimes. 3 SECTION 5 – TRANSPORTATION AND PUBLIC WORKS
5.1 General Infrastructure
• Support legislation providing funding for revolving loan fund programs to assist with financing capital costs of infrastructure improvements, including facility replacements. • Support legislation to expedite project delivery processes and expand project delivery methods for use by all cities for facilities and infrastructure. • Support legislation that secures state and federal fees and taxes originally programmed for roadway repairs, highway congestion management and transportation improvement projects.
• Oppose legislation that slows, impairs or eliminates funding for public infrastructure.
SECTION 6 – RESOURCES AND ENVIRONMENT
6.1 Water Resiliency
• Support legislation and administrative actions that provide funding or grant programs for energy and water efficiency improvements.
• Support legislation that provides funding for key water supply and infrastructure grant and loan programs.
6.2 Organic Waste Disposal
• Support legislation that provides additional funding or other assistance to implement organic waste disposal requirements.
• Support legislation providing funding for smaller cities to pursue carbon neutral solutions.
SECTION 7 – COMMUNITY DEVELOPMENT
7.1 Housing and Homelessness
• Support legislation to streamline all types of housing development while protecting the City’s permitting, fees and regulatory processes.
• Support legislation to providing funding mechanisms for infrastructure needed for housing development.
• Support legislation providing funding for homeless services and shelter projects and operations.
• Support legislation to allow the City more flexibility in creating shelters and temporary and permanent housing.
• Support legislation to provide funding for cleanup efforts as a result of homeless encampments.
4 7.2 Commercial Cannabis
• Support legislation that provides for reforms of regulatory barriers to the legal cannabis industry
• Support legislation that allows for the sale of food and non-alcoholic drinks at cannabis retailers that permit onsite consumption of cannabis products.
7.3 Travel and Tourism
• Oppose legislation that would reduce or eliminate online travel agencies or platforms from collecting and remitting Transient Occupancy Tax to local jurisdictions.