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2009-054 - Additional City Property Tax Funds Are Seized And Additional Unfunded Mandates Ate Adopted By The State Of CaliforniaRESOLUTION 2009 -054 A RESOLUTION FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL CITY PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA WHEREAS, since the early 1990s the State of California has seized over $8.6 billion of city property tax revenues to fund the state budget even after deducting public safety program payments to cities by the State; and WHEREAS, in 2004 the voters by constitutional protections for local revenues, property taxes to fund the state budget; and an 84 % vote margin adopted substantial but the legislature can still "borrow" local WHEREAS, in FY 2007/08, the State seized $895 million in city property taxes statewide to fund the state ' budget after deducting public safety program payments and an additional $350 million in local redevelopment funds were seized in FY 2008/09; and WHEREAS, on May 5, 2009, the Department of Finance announced it had proposed to the Governor that the state "borrow" over $2 billion in local property taxes from cities, counties and special districts to balance the State budget, causing deeper cuts to vital services; and WHEREAS, the proposal to borrow local government property tax would cost the Town of Los Gatos an estimated $1 million; and WHEREAS, the borrowing of $1 million from the_ Town of Los Gatos coupled with the current economic crisis would create a serious fiscal hardship, jeopardizing vital services to the community; and WHEREAS, the State Legislature and other state agencies are considering imposing new costs and unfunded mandates. on local governments that can neither be afforded nor sustained in this economic climate; and WHEREAS, a majority of city financial commitments come from contracts, including long term capital leases and debt obligations which support securities in the public capital markets, that cities must honor unless modified by mutual agreement of the parties. NOW, THEREFORE, BE IT RESOLVED THAT THE LOS GATOS TOWN COUNCIL has determined that it will experience a fiscal hardship if the Governor and State Legislature vote to accept the recommendation of the Department of Finance to "borrow" $2 billion in local property taxes statewide; and RESOLVED FURTHER, that the Town Council strongly opposes the May 5, 2009 Department of Finance proposal to borrow or seize any additional local funds, including the property tax, redevelopment tax increment, and the Town's share of the Proposition 42 Transportation Sales Tax; and RESOLVED FURTHER, that the Town Council strongly urges the Governor and the State legislature to suspend the enactment of any new mandates on local governments until such time as the economy has recovered and urges the State to provide complete funding for all existing and any new mandates. RESOLVED FURTHER, that the Clerk Administrator shall send copies of this resolution to the Governor, State Senator(s), State Assembly Member(s) and the League of California Cities, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 18th day of May, 2009 by the following vote: COUNCIL: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman NAYS: ABSENT: ABSTAIN: SIGNED: i MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: r \GLF -Rk OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN OF LOS GATOS CLERK DEPARTMENT CMC CENTER 408-354-6834 — (Fax) 354-8431 110 E. MAIN Smu P.O. Box 949 Los GATos CA 95031 May 22, 2009 RE: RESOLUTION 2009 -054 - FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL CITY PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA. Dear Legislators, The League of California Cities and the Governor's Office: Included is a copy of Resolution 2009 -054 adopted by the Town of Los Gatos Town Council on May 18, 2009, finding a severe fiscal hardship will exist if additional city property tax funds are seized and additional unfunded mandates are adopted by the State of California. Please feel free to contact the Clerk Department if you have any questions at 408 -354- 6834 or by e -mail to irose@los ag tosca.gov ,--Sincerely, Jackie ose lr Administrator Town of Los Gatos __... INCORPORATED AUGUST 10, 1887 � a