HomeMy WebLinkAbout2002-02-05 City Council (3)City of Palo Alto
City Manager’s Report
TO:
ATTN:
FROM:
HONORABLE CITY COUNCIL
POLICY AND SERVICES COMMITTEE
CITY MANAGER DEPARTMENT:
3
CITY MANAGER’S
OFFICE
DATE:FEBRUARY 5, 2002 CMR: 138:02
SUBJECT:CALIFORNIA BALLOT MEASURES FOR MARCH
ELECTION
5, 2002
This is an informational report and no Council action is required.
DISCUSSION
Staff has prepared a summary of the propositions on the State ballot for the March 5,
2002, election. There are six propositions on the March ballot - one measure placed on
the ballot by initiative and five measures placed by the Legislature. A brief description of
each proposition along with the position of the League of California Cities follows.
Summaries of the proposition prepared by the Secretary of State are attached. Additional
information and analysis can be obtained by visiting the Secretary of State’s website at
vvww.ss.ca.gov or the Legislative Analyst’s website at www.lao.ca.gov(.)
Proposition 40 - California Clean -Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Act of 2002
This measure allows the state to sell $2.6 billion of general obligation bonds to conserve
natural resources (land, air, and water), to acquire and improve state and local parks, and
to preserve historical and cultural resources. The League of California Cities supports this
measure.
Proposition 41 - Voting Modernization Act of 2002
This measure allows the state to sell $200 million in general obligation bonds for updated
voting systems. The League of California Cities supports this measure.
Proposition 42 - Transportation Funding." Sales and Use Tax Revenues
This measure places in the State Constitution those provisions of current law that require
that, from 2003-04 through 2007-08, gasoline sales tax revenues be used for specified
state and local transportation pu~rposes. The League of California Cities supports this
measure.
Proposition 43 - Right to Have Vote Counted
CMR:138:02 Page 1 of 2
This measure amends the Constitution to explicitly state that every vote cast in
accordance with state law shall be counted, thus affirming in the Constitution the right of
the voter to have his/her vote counted. The League of California Cities has taken no
position on this measure.
Proposition 44 - Insurance Fraud
This measure requires the Board of Chiropractic Examiners to revoke for ten years the
license of a chiropractor who is convicted for a second time, or is convicted of multiple
counts in a single case, of various specified offenses, including insurance fraud. The
League of California Cities has taken no position on this measure.
Proposition 45 - Legislative Term Limits. Local Voter Petitions
This measure allows local voters to petition the Secretary of State to permit their
incumbent Senator or Assembly Member who is termed-out to run for reelection to that
same office at the next election or elections (in the case of the Assembly), thereby
allowing the legislator to serve up to an additional four years in office. The League of
California Cities has taken no position on this measure.
ATTACHMENTS
Ballot Measure Summary
PREPARED BY:
Chris Mogensen, A~istant to the City Manager
CITY MANAGER APPROVAL:
Emilg]-Iarrison, Assistant City Manager
CMR:138:02 Page 2 of 2
BALLOT MEASURE SUMMARY
The California C lean Water, C Iean Air, Safe
Neighborhood Parks; and Coastal Protection
Act of 2002.
Summary
To protect rivers, lakes, and streams to improve water quality and
ensure dean drinking water; to protect beaches and coastal areas
threatened by pollution; to improve air quality; to preserve open
space and farmland threatened by unplanned development; to
protect wildlife habitat; to restore historical and cultural resources;
to repair and improve the safety of state and neighborhood parks; the
state shall issue bonds totaling two billion six hundred million
dollars ($2,600,000,000) paid from existing funds. This program is
subject to an annual independent audit. Piscal Impact: State cost of
about $4.3 billion over 25 years (average cost of about $172 million
per year) to repay bonds. State and local operation and maintenance
costs of potentially tens of millions of dollars annually.
What Your Vote Means
Yes No
A YES vote on this measure A NO vote on this measure
means: The state could sell $2.6 means: The state could not sell
billion in bonds for natural $2.6 billion in bonds for these
resources conservation, state purposes.
and local park acquisition and
improvement, and historical and
cultural resources preservation
purposes.
Arguments
Pro Con
YES on 401 Clean water, clean
air, and safe neighborhood parks
protect our health and safety.
Annual audits make this
measure accountable. Keep
California safe and beautiful,
and protect the quality of your
neighborhood. Supported by
Audubon Society, California
Organization of Police and
Sheriffs, and L.A. Chamber of
Commerce.
California is facing huge budget
deficits which will result in cuts
in services, tax hikes, or both.
Now is not the time to go
another $2,600,000,000 into
debt. The voters already
approved $4,000,000,000 in
bonds for water and parks in
2000. We must prioritize our
spending in these uncertain
times.
For Additional Information
For Against
Bryan Blum
Californians for Clean Water,
Clean Air, Coastal Protection,
and Safe Neighborhood Parks
926 J Street, #612
Sacramento, CA 95814
916-313-4539
bblum@voteyeson40.org
www.voteyeson40.org
Senator Ray Haynes
EO. Box 51891
Riverside, CA 92517
909-698-2158
www.hjta.org
Voting Modernization Bond Act of 2002.(Shel ley-Hertzberg Act).
Summary
This act is to ensure that every person’s vote is accurately counted.
It authorizes the issuance of state bonds allowing counties to
~urchase modem voting equipment and replace outdated punch
card (chad) systems. This act provides for bonds in the amount of
two hundred million dollars ($200,000,000) and appropriates money
from the General Fund to pay off bonds. Fiscal Impact: State costs
of about $255 million over ten years (average cost of about $26
million annually) to repay bonds. One-time county costs of about
$67 million statewide to match state funds. Additional annual
county operating costs in the several tens of millions of dollars
statewide.
What Your Vote Means
Yes No
A YES vote on this measure A NO vote on this measure
means: The state could sell $200 means: The state could not sell
million in bonds to assist $200 million in bonds for this
counties with the purchase of purpose.
new voting systems.
Arguments
Pro
Proposition 41 will modernize
all of California’s antiquated
voting machines with new high
tech voting machines to ensure
that every vote is counted.
Proposition 41 is endorsed by
the League of Women Voters
of California, Congress of
California Seniors, Assembly
Majority Leader Kevin Shelley,
and Secretary of State Bill Jones.
Proposition 41 is another debt for
Californians to pay. We should
pay for new voting machines
with current tax collections
rather than increase our debt and
interest payments. Californians
cannot and should not assume
more debt. Politicians should
spend wisely, not keep asking us
to shoulder more debt.
For Additional Information
For Against
Robert Barnes or
Mark Capitolo
Yes on Prop. 41
1t21 L Street, Suite 401
Sacramento, CA 95814
916-325-8600
mail@41-yes.org
www.41-yes.org
Honorable Dennis Mountjoy
Member of the Assembly
P.O. Box 877
Monrovia, CA 91017
626-357-8237
dmountjoy59@aol.com
*11 *Ballot Measure Summary
BALLOT MEASURE SUMMARY
Transportation Congestion Improvement Act.
AI location of Existing Motor Vehicle Fuel Sales
and Use Tax Revenues for Transportation
PurpoSes On l y. Legis I ative Constitutiona I
Amendment.
SummaFy
Requires, effective July 1, 2003, existing revenues resulting from
state sales and use taxes on the sale of motor vehicle fuel be used for
transportation purposes as provided by law until June 30, 2008.
Requires, effective July 1, 2008, existing revenues resulting from
state sales and use taxes be used for public transit and mass
transportation; city and county street and road repairs and
improvements; and state highway improvements. Imposes the
requirement for a two-thirds of the Legislature to suspend or modify
the percentage allocation of the revenues. Fiscal Impact: Starting in
2008-09, about $1.4 billion in state gasoline sales tax revenues,
increasing annually thereafter, would continue to be used for state
and local transportation purposes.
What Your Vote Means
Yes
A YES vote on this measure
means: The State Constitution
would require, beginning in
2003-04, that gasoline sales tax
revenues be used annually for
state and local transportation
purposes.
No
A NO vote on this measure
means: Gasoline sales tax
revenues would not be required
by the State Constitution to
be used for state and local
transportation purposes.
Arguments
Pro
Police, fire and public safety
officials, taxpayer groups, auto
clubs recommend YES on 42.
Requires gasoline sales tax (we
already pay at the pump) be used
to improve road safety, mass
transit and reduce tra~c--
WITHOUT RAISING TAXES.
6000 bridges/overpasses need
repair. ANNUAL AUDIT
required. Provides ACCOUNT-
ABILITY to TAXPAYERS.
~on
Prop 42 has us voting in 2002 on
spending priorities that take
effect in 2008. It woiJld force
$1.2 billion in vital education,
health care and public safety cuts
to pay for increased spending on
transportation. It locks into the
Constitution a transportation
spending formula with no
taxpayer accountability.
For Additional Information
For Against
Taxpayers for Traffic Relief/Yes No contact information
on 42, A Coalition of Taxpayers, available.
Construction, Business, Labor,
Engineers and Commuters
11300 West Olympic Blvd., #840
Los Angeles, CA 90064
310-996-2671
info@yesprop42.com
www.yesprop42.com
Right to Have Vote Counted.
Legislative Constitutional Amendment.
Y
Amends Constitution to declare that a voter who casts a vote in an
election in accord with the laws of this state shall have that vote
counted. Fiscal Impact: No additional cost to state or local
governments.
What Your Vote Means
Yes
A YES vote on this measure
means: The State Constitution
would be amended to affirm the
right of a voter to have his/her
vote counted. In addition,
state law (1) would explicitly
authorize county elections
officials to ask the court for an
extension of a post-election
deadline to allow additional time
to count votes and (2) would
explicitly authorize courts to
approve such a request.
Arguments
Pro
The right to vote is meaningless
if you cannot be sure that your
vote will be counted. Proposition
43 expressly provides you with a
constitutional right to have your
vote counted. By voting YES,
you help ensure that elections
are decided by voters, and not by
courts or government officials.
No
A NO vote on this measure
means: The State Constitution
would not be amended to affirm
the right of a voter to have
his/her vote counted. State
law (1) would not explicitly
authorize county elections
officials to ask the court for an
extension of a post-election
deadline to allow additional time
to count votes and (2) would not
explicitly authorize courts to
approve such a request.
~on
Proposition 43 sounds good--but
will do more harm than good.
The problem in California is
NOT that ballots are not
counted. The problem is that
special interest groups and giant
corporations buy elections. We
desperately need some form of
public financing of campaigns for
state offices.
For Additional Information
For ’ Against
Ethan Jones
2707 O Street, #11
Sacramento, CA 95816
916-443-6036
YesOnProp43@sbcglobal.net
Gary B. Wesley
Voter Information Alliance(VIA)
P.O. Box 90151
San Jose, CA 95109
408-882-5070
www.VoterIn formationAlliance.org
Ballot Measure Summary
BALLOT MEASURE SUMMARY
Chiropractors. Unprofessional Conduct.
Legislative Initiative Amendment.
Summary
Amends Chiropractic Act to specify practices constituting
unprofessional conduct; require investigation of licensee in certain
circumstances and license revocation upon second conviction, or
multiple convictions, of specified insurance fraud offenses. Fiscal
Impact: Negligible additional state implementation costs. Potential
state savings of unknown amount resulting from lower workers’
compensation and Medi-Cal costs.
What Your Vote Means,
Yes No
A YES vote on this measure
means: The Board of
Chiropractic Examiners would
be required to revoke a
chiropractor’s license for a
period of ten years upon his
or her conviction of various
criminal offenses,including
insurance fraud,and to
investigate any licensed
chiropractor who is criminally
charged with committing
insurance fraud.
A NO vote on this measure
means: The Board of
Chiropractic Examiners would
retain discretion to determine
the disciplinary action to impose
against a licensed chiropractor
and whether to investigate
every licensed chiropractor who
is criminally charged with
committing insurance fraud.
Arguments
Pro
Insurance fraud creates higher
insurance premiums for us all.
Although most chiropractors
practice lawfully, some do not.
Stiffer penalties for second
convictions of insurance fraud
must be put in place like ones
that exist for other professionals
like doctors and lawyers. Vote
"yes" on Proposition 44 to help
stop fraud.
Con
Let the punishment fit the crime.
The only reason a chiropractor
should lose his license is for
harming patients. Financial
dishonesty has nothing to do
with medical skill. Chiropractors
who commit fraud should have to
pay back their victims, and must
be able to earn a living to do so.
For Additional Information
For Against
Jackie Speier
State Senator
Re. Box 3113
Daly City, CA 94015
650-361-0301
Ted Brown
Libertarian Party of California
14547 Titus Street, Suite 214
Panorama City, CA 91402
818-782-8400
tedbrown1776@hotmail.com
www.ca.lp.org
Legis I ative Term Limits. Loca I Voter Petitions.
Initiative Constitutional Amendment.
Summary
Allows voters to submit petition signatures to permit their
incumbent legislator to run for re-election(s) and serve maximum of
four years beyond terms provided for in Constitution if majority of
voters approves. Fiscal Impact: Unknown county costs potentially up
to several hundreds of thousands of dollars biennially statewide to
verily voter petition signatures; little or no state cost to track the
eligibility of re-election candidates. ’
What Your Vote Means
Yes
A YES vote on this measure
means: Local registered voters
could petition the Secretary of
State to permit their incumbent
Senator or Assembly Member,
who is otherwise ineligible due
to term limits, to run for
reelection to serve up to
an additional four years.
Consequently, a Senator could
serve a maximum of three four-
year terms and an Assembly
Member a maximum of five two-
year terms.
Arguments
Pro
Prop. 45 will not end term limits.
It will keep term limits in place
while giving local voters the
option of extending the term of
their own lawmaker--one time
only for four years. Proposition
45 gives back control to local
voters. Prop. 45 is supported by
respected organizations like the
League of Women Voters of
California.
No
A NO vote on this measure
means: Local registered voters
could not petition the Secretary
of State to permit an incumbent
Member of the Senate or
Assembly, who is otherwise
ineligible due to term limits, to
run for reelection. Current term
limits would remain in place,
restricting Senators to two
four-year terms and Assembly
Members to three two-year
terms.
Con
Prop. 45 would 1~11 term limits in
California, and keep entrenched
career politicians in office in
Sacramento. Prop. 45 is funded
with millions of dollars from
career politicians, lobbyists, and
powerful special interests like
TOBACCO COMPANIES,
TRIAL LAWYERS, AND
ENERGY GIANTS. Vote NO
on Prop. 45, and STOP THE
POLITICIANS.
For Additional Information
Against
Joe Camicia
555 Capitol Mall, Suite 1425
Sacramento, CA 95814
916-442-2952
Fax: 916-442-1280
www.petitionrigh ts.org
mail@petitionrights.org
Todd McCauley
No on 45! Stop the Politicians
151 N. Sunrise Ave., Suite 901
Roseville, CA 95661
916-786-9400
Info@S topthepo]iticians.org
www.Stopthepoliticians.org
* IV *Ballot Measure Summary