HomeMy WebLinkAbout2000-10-23 City Council (14)City
TO:HONORABLE CITY COUNCIL
City of Palo Alto
Manager’s Report
FROM:CITY MANAGER DEPARTMENT:CITY MANAGER’S
OFFICE
DATE:OCTOBER 23, 2000 CMR: 398:00
SUBJECT:CALIFORNIA BALLOT
ELECTION
MEASURES FOR NOVEMBER 7, 2000
This is an informational report and no Council action is required.
BACKGROUND
On February 22, 2000, Council referred to the Policy and Services Committee the
discussion of a process for addressing ballot propositions. Staff determined that it would
develop this process in the context of evaluating and redesigning the City’s legislative
advocacy program. The purpose of this staff report is to update Council of the status of
staff’s efforts to redesign the legislative program and to provide Council with information
regarding the propositions on the November 7, 2000 State ballot.
DISCUSSION
Redesign of the City’s Legislative Program
Due largely to limited staff resources dedicated to legislative advocacy, the City’s current
legislative program is, for the most part, reactive. Typically, the City generates and sends
letters in support of or opposition to various bills, in response to requests from regional or
professional associations. The City Manager’s Office is exploring the creation of a more
effective and proactive legislative program. This program would set forth a process and
dedicate resources to enable the City to identify and take more meaningful action on a
small number of priority legislative initiatives. The program would also establish a
streamlined process to enable the City to continue to respond to requests for action that
are not necessarily identified as priorities for the City.
Related to the establishment of a more proactive legislative program, the City Manager’s
Office is also exploring the potential for the City to more proactively seek state, federal
and private funding opportunities. Currently, grant opportunities are identified and
requests are initiated by department staff members as part of their overall job
CMR:398:00 Page 1 of 4
responsibilities. It is possible that a more coordinated and focused approach to grant
writing would result in additional funds for City programs.
It was staff’s intention to hire a temporary staff member in the City Manager’s Office to
undertake the redesign of the City’s legislative advocacy program. The position was
widely posted both within and outside of the City. Unfortunately, the City Manager’s
Office was not able to identify a qualified candidate to take on the assignment.
Consequently, without additional staff resources, the redesign of the City’s legislative
program, and consequently the development of a process for addressing ballot
propositions has been delayed. Staff is pursuing the use of consultant services to help
develop a new legislative program for the City in as timely a manner possible. In the
meantime, staff has prepared a summary of the propositions on the State ballot for the
November 7, 2000 election for the Council’s information.
Information Regarding Propositions on the November 7, 2000 Ballot
There are eight propositions on the November ballot - five measures placed on the ballot
by initiative and three 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
www.ss.ca.gov or the Legislative Analysts website at www.lao.ca.gov.
Proposition 32 - Veteran’s Bond Act of 2000
This initiative authorizes the state to sell $500 million in general obligation bonds to
finance the California Veteran Farm, Home and Mobilehome Purchase Assistance
Program. The League of California Cities supports this measure.
Proposition 33 -Legislature: Retirement
This proposition amends the State Constitution to allow legislators to participate in the
state Public Employees’. Retirement System. The League of California Cities has taken
no position on this measure.
Proposition 34 - Campaign Finance Reform
Proposition 34 revises state laws on political campaigns for state and local elective
offices and ballot propositions. The measure limits campaign contributions and loans to
state candidates and political parties; provides voluntary spending limits; expands public
disclosure requirements; and increases penalties. The League of California Cities has
taken no position on this measure.
Proposition 35 - Public Works Projects. Use of Private Contractors for Engineering and
Architectural Services.
CMR:398:00 Page 2 of 4
This initiative amends the State Constitution to allow the state and local governments to
contract with qualified private entities for architectural and engineering services for all
phases of a public works project. The League of California Cities supports this measure.
Proposition 36- Drug Treatment Diversion Program
This initiative changes state law so that certain adult offenders who use or possess illegal
drugs would receive drug treatment and supervision in the community, rather than being
sent to prison or jail or supervised in the community, generally without drug treatment.
The measure also provides state funds to counties to operate the drug treatment programs.
The League of Califomia Cities opposes this measure, as do the Santa Clara County
Police Chiefs Association, California Police Chiefs Association and California Narcotics
Officers Association.
Proposition 3 7 - Fees, Taxes, New Definitions, Vote Requirements
This initiative, which amends the State Constitution, would classify as "taxes" some new
charges that govemment otherwise could impose as fees. The measure would reclassify
mitigation fees passed after July 1, 1999 as taxes, thereby subjecting them to a two-third~
vote for passage in the Legislature or voter approval in local communities. The League
of Califomia Cities opposes this measure. The League’s analysis states that
"Reclassifying regulatory fees as taxes will involve the additional expense of submitting
such measures to the voters. This may have a chilling effect on such fees and limit local
agencies’ financial ability to address the effects of activities with an adverse impact on
local communities. Some examples of current fees that may be reclassified as taxes if
this initiative passes include fees on toxic polluters to pay for clean-up of toxic sites; fees
on liquor store permits to pay for increased law enforcement because of neighborhood
nuisance; and fees on tire producers to pay for the disposal of used tires."
Proposition 38 - School Vouchers. State-Funded Private and Religious Education
This initiative, which amends the State Constitution, authorizes annual state payments of
at least $4,000 per pupil for private/religious schools and makes major changes in public
funding for K-12 education. The League of California Cities opposes this measure. The
Palo Alto Unified School District has also voted to Oppose this measure.
Proposition 39 - School Facilities. 55% Local Vote. Bonds. Taxes. Accountability
Requirements
This initiative changes the State Constitution to lower the voting requirement for passage
of local school bonds and changes existing statutory law regarding charter school
facilities. The League of Califomia Cities supports this measure. The Palo Alto Unified
School District has also voted to support this measure.
ATTACHMENTS
Ballot Measure Summary
CMR:398:00 Page 3 of 4
PREPARED BY: Audrey Seymour, Assistant to the City Manager
CITY MANAGER APPROVAL:
Emil Assistant City Manager
CMR:398:00 Page 4 of 4
Ballot Measure Summary
SUMMARY
This act provides for a bond issue of five hundred million dollars
($500,000,000) to provide farm and home aid for California
veterans. Fiscal Impact: Costs of about $858 million over 25 years
(average cost of about $34 million per year); costs paid by
participating Veterans.
SUMMARY
Allows legislative members to participate in the Public Employees’.
Retirement System plans in which a majority of state employees
may participate. Fiscal Impact: Annual state costs under $1 million
to provide retirement benefits to legislators, with these costs
replacing other spending from the fixed annual amount provided in
support of the Legislature.
WHAT YOUR VOTE MEANS WHAT YOUR VOTE MEANS
YES NO YES NO
A NO vote on this measure
means: The state would not be
able to issue these bonds for
this purpose.
A YES vote on this measure
means: The state would be able
to issue’S500 million in general
obligation bonds to provide
loans for the veterans" farm
and home purchase (Cal~-Vet)
program.
A YES vote on this measure
means: State legislators could
earn retirement benefits under
a state retirement system for
their years of service in the
Legislature.
A NO vote on this measure
means: For ~etirement purposes,
state I~gislators would continue
to earn only Social Security
benefits for their years of service
in the Legislature.
ARGUMENTS
PRO
The time-honored Cai-Vet Loan
Program helps wartime
veterans to purchase homes
and farms in Caiifomia at no
expense to taxpayers. Voter-
approved bonds finance the
Program and are repaid, along
with all program costs, by
veteran loan holders. This
measure would replenish such
bonds. We urge your support.
CON
Proposition 32 is a half billion
dollar bond measure that
would cost~ taxpayers a fortune.
The money would be used
to buy homes for "veterans"
defined to even include persons
like Presidential candidate
George W. Bush who joined his
state’s Air National Guard
instead of going to fight in
Vietnam!
ARGUMENTS
PRO
Proposition 33 is about fairness
and about allowing everyone
to serve in the Legislature, not
just the rich. Proposition 33
only allows members of the
Legislature to participate in the
same pension plan as every
other state employee. No
additional perks. Proposition
33 will require no additional
state spending.
CON
Vote NO. Legislators’ salaries
are now $99,000, plus some
reimbursement for living
expenses. They need no more
perks. This measure, written by
politicians, wipes out a key part
of Proposition 140 enacted by
voters in 1990 and will increase
general fund costs. Vote NO on
Proposition 33.
FOR ADDITIONAL INFORMATION
FOR
Glenn Gilbert
Assembly Committee on
Veterans Affairs
California State Assembly
AGAINST
Melvin L Emerich
Attorney at Law
1020 N Street, Room 357
Sacramento, CA 95814
(916) 319-2486
glenn.gilbert@asm.ca.gov
95 South Market St., #300
San Jose, CA 95113
(408) 995-3224
www.melemerich.com
FOR ADDHTIONAL INFORMATION
FOR AGAINST
Yes on Prop. 33 Lewis Uhler, President
The National
Tax-Limitation Committee
c/o Western Group
P.O. Box 596
Yucaipa, CA 92399
(909) 795-9722
151 N. Sunrise Ave., Suite 901
Roseville, CA 95661
(916) 786-9400
Ballot Measure Summary
SUMMARY
Limits campaign contributions and loans to state candidates and
political parties. Provides voluntary spending limits; expands public
disclosure requirements and increases penalties. Fiscal Impact:
Additional net costs to the state, potentially up to several million
dollars annually, and unknown but probably not significant costs to
local government.
SUMMARY
Amends Constitution eliminating existing restrictions on state, local
contracting with private entities for engineering, architectural
services; contracts awarded by competitive selection; bidding
permitted, not required. Fiscal Impact: Unknown impact on state
spending for architectural and engineering services and
construction proiect delivery. Actual impact will depend on how the
state uses the contracting flexibility under the proposition.
WHAT YOUR VOTE MEANS WHAT YOUR VOTE MEANS
YES NO YES NO
A YES vote on this measure
means: New contribution and
voluntary spending limits
will be established for state
elective offices. Limits pre-
viously adopted by the voters
for state and local offices,
which have not been. im-
plemented because of a
pending lawsuit, would be
repealed. The new limits are
higher than those that would
be repealed.
ARGUMENTS
PRO
A NO vote on this measure
means: Existing contribution
and voluntary spending limits
for state and local elective
offices enacted by a voter-
approved initiative would not
be repealed.
CON
Incumbent politicians will be
begging for money when they
should be tending to the
public’s business. Challengers
will be forced to seek campaign
funds from any and all sources
that want political favors from
Sacramento.
Proposition 34 is a recipe for a
government more beholden to
special interests,
Vote No.
Proposition 34 is real reform
that puts voters--not special
interests--back-in charge of
California’s political process.
Proposition 34 sets enforceable,
constitutional, limits on cam-
paign financing where none
exist today. It limits con-
tributions and spending, speeds
up disclosure, increases fines
and closes loopholes for
wealthy candidates without
public financing.
FOR ADDITIONAL INFORMATION
FOR AGAINST
Tom Knox Lonni Granlund
Committee for Constitutional Western Group
Campaign Reform
RO. Box 596
Yucaipa, CA 92399
(909) 795-9722
westerngrp@aol.com
1215 K Street, Ste. 2100
Sacramento, CA 95814
(916) 443-3354
CAyeson34.org
A YES vote on this measure
means: The state could contract
with private individuals or firms
for architectural and engineering
services in all situations rather
than only under certain
conditions (such as when the
work is of a temporary nature or
of such a specialized nature that
it cannot be provided by state
employees).
A NO vote on this measure
means: The state could contract
with private individuals or firms
for architectural and engineering
services only under certain
conditions.
ARGUMENTS
PRO
Prop. 3.S--Supported by hun-
dreds of taxpayer groups,
seniors, schools, local govern-
ments, business, labor,
highway/earthquake safety en-
gineers. Restores government’s
ability to engage in public/private
partnerships with qualified engi-
neers to speed up thousands of
backlogged highway and other
public works projects. Creates
40,000 jobs. Saves taxpayers
$2.5 billion annually.
CON
Proposition 35 changes the
Constitution to benefit one
special interest at taxpayer
expense. Like other states,
California currently awards
engineering contracts based on
cost, qualifications, and exper-
ience. Prop. 35 replaces that
with an undefined contracting
process which allows overpriced
government contracts based on
campaign contributions and
political influence. Vote
FOR ADDITIONAL INFORMATION
FOR AGAINST
Taxpayers for Fair Competition--
A coalition of taxpayers, engineers,
seniors, schools, local government,
business, labor, highway safety
experts and frustrated commuters.
11300 W. Olympic Blvd., Ste. 840
Los Angeles, CA 90064
(310) 996-2671Anfo@YesProp35.com
www.YesProp35.com
Steve Hopcraft
No On Prop. 35
3551 N St.
Sacramento, CA 95816
(916) 446-0512
noonprop35@cwo.com
noonprop35.org
Ballot Measure Summary
SUMMARY
Requires probation and drug treatment, not incarceration, for
possession, use, transportation of controlled substances and similar
parole violations, except sale or manufact~e. Authorizes dismissal
of charges after completion of treatment. Fiscal impact: Net annual
savings of $100 million to $150 million to the state and about $40
million to local governments. Potential avoidance of one-time
-capital outlay costs to the state of $450 million to $550 million.
SUMMARY
Requires two-thirds vote of State Legislature, majority or two-thirds
of local electorate to impose future state, local fees on activity to
study or mitigate its environmental, societal or economic effects.
Defines such fees as taxes except property, development, certain
other fees. Fiscal Impact: Unknown, potentially significant,
reduction in future state and local government revenues from
making it more difficult to approve certain regulatory charges.
WHAT YOUR VOTE MEANS
YES NO
A YES vote on this measure
means: Adult offenders
convicted of being under the
influence of illegal drugs or
using, transporting, or pos-
sessing illegal drugs for personal
use would generally be
sentenced to probation and
drug treatment.
A NO vote on this measure
means: Adult offenders
convicted of being under the
influence of illegal drugs or
using, transporting, or pos-
sessing illegal drugs would
generally continue to be
sentenced to prison, jail, or
probation. There would be no
requirement that they be
sentenced to drug treatment.
ARGUMENTS
PRO
The war on drugs has failed.
Nonviolent drug users are
overcrowding our jails. Violent
criminals are being released
early. Drug treatment programs
are rarely available. We pay
$25,000 annually for prisoners
when treatment costs only
$4,000. Expanded treatment
programs will reduce crime,
save lives, and save taxpayers
hundreds of millions.
OON
Proposition 36 prohibits jail for
persons convicted of using
heroin, crack, PCP and other
illegal drugs, or for possessing
"date rape" drugs--even those
with prior convictions for rape,
child molesting and other
violent crimes. Proposition 36
has no regulatory safeguards,
cripples legitimate treatment,
invites fraud and endangers
public safety.
WHAT YOUR VOTE MEANS
YES NO
A YES vote on this measure A NO vote on this measure
means: Government actions to means: Current laws and
establish certain regulatory constitutional requirements
charges would require approval regarding regulatory charges
by a greater number of would not be changed.
legislators or local voters.
ARGUMENTS
PRO
The California Taxpayers
Association urges you to vote
Yes on Proposition 37 to stop
hidden taxes on food, gasoline,
utilities and other necessities.
Proposition 37 makes politicians
accountable to taxpayers by
requiring a vote of the people
or a 2/3 vote of the Legislature
to enact these hidden taxes.
CON
Proposition 37 protects polluters
and shifts their costs to taxpayers.
The oil and tobacco lobbies who
paid for Prop. 37 want you to
pay for the pollution and
sickness they cause. American
Cancer Society, League of Women
Voters, Sierra Club and California
Tax Reform Association say: No
on 37!
FOR ADDITIONAL INFORMATION
FOR
California Campaign for New
Drug Policies
(310) 394-2952
www.drugreform.org
AGAINST
Californians United Against DnJg
Abuse/Sponsored by Law Enforce-
ment, Drug Treatment Profes-
sionals, Healthcare, Crime Victims
and Taxpayers--No on 36.
455 Capitol Mall, Suite 801
Sacramento, CA 95814
1-800-995-3221
www.noonprop36.com
FOR ADDITIONAL iNFORMATiON
FOR AGAINST
Californians Against Hidden DougLinney
Taxes Taxpayers Against Polluter
Protection
591 Redwood Hwy., Suite 4000
Mill Valley, CA 94941
(916) 448-4266
info@yesonprop37.org
www.yesonF~rop37.org
1904 Franklin Street, Suite 909
Oakland, CA 94612
(510) 444-4793
info@polluterprotecti0n.com
www.polluterprotection.com
Ballot Measure Summary
SUMMARY
Authorizes annual state payments of at least $4000 per pupil for
private/religious schools. Permits replacement of current
constitutional public school funding formula. Fiscal Impact: Near-
term state costs from zero to $1.1 billion annually. Long-term state
impact from $2 billion in annual costs to $3 billion in annual
savings, depending on how many public school students shift to
private schools.
SUMMARY
Authorizes bonds for repair, construction or replacement of school
facilities, classrooms, if approved by 55% local vote. Fiscal Impact:
Increased bond debt for many school districts. Long-term costs
statewide could total in the hundreds of millions of dollars annually.
Potential longer-term state savings to the extent school districts
assume greater responsibility for funding school facilities.
WHAT YOUR VOTE MEANS
YES
A YES vote 0n this measure
means: In addition to funding a
public school system, the state
would make available to all
NO
A NO vote on this measure
means: The state would not
fund scholarships (vouchers) to
pay tuition and fees at private
school-age children (kindergarten schools. The current approach
through 12¯ grade) scholarships of funding public education for
(v(~uchers) of at least $4,000 each kindergarten through 12~ grade
year to pay tuition and fees at through a system of public
private schools,schools would continue.
WHAT YOUR VOTE MEANS
YES NO
A YES vote on this measure A NO vote on this measure
means: Local school bonds means: Local school bonds
could be approved by a would continue to require
55 percent vote rather than a approval by a two-thirds vote of
two-thirds vote of the local the local electorate.
electorate.
ARGUMENTS
PRO CON
Prop. 38 gives a $4,000 school
voucher to all parents to
choose the best education for
their children and provides
a stronger public education
funding guarantee. Prop. 38
holds schools accountable to
parents and students, is only
fair, and leads to smaller, safer
classrooms.
Proposition 38 would create
voucher schools with no
standards for students, no
credentials for teachers, and no
accountability to taxpayers. Not
one penny of the billions spent
on Prop 38 wilt be used to make
our children’s public schools
better. Prop 38 is an expensive
experiment our children can’t
afford.
ARGUMENTS
Parents, business, teachers and
taxpayers say "Yes on 39" to fix
our classrooms and fix the way
schools spend money. The
California State PTA says 39
helps reduce class size and
protects taxpayers and home-
owners. It requires a tough 55%
vote for bonds and prohibits
spending on administration or
bureaucracy.
CON
Proposition 39 destroys 121
year Constitutional Protection
requiring two-thirds vote to
approve local bonds. 39 has No
property tax limits. 39 could
lead to further actions which
double property taxes, re-
turning to pre-1978 levels.
Bonds create homeowner liens.
"Special Provisions" can be
changed anytime without voter
approval. Vote No.
FOR ADDITIONAL INFORNIATIION
FOR AGAINST
Pat Rosenstiel No on Prop 38 Committee
Prop38Yes,
School Vouchers 2000
400 Seaport Ct., Suite 102
Redwood City, CA 94063
(650) 306-1111
Campaign@vouchers2000.com
www.38Yes.com
1510 J Street, Suite 115
Sacramento, CA 95814
(916) 442-4406
info@NoVouchers2000.com
www.NoOnProp38.com
FOR ADDITIONAL INFORMATION
FOR AGAINST
Taxpayers for Accountability & ion Coup,~l
Better Schools Save Our Homes committee,
Vote No on Proposition 39
1121 L Street, Suite 401
Sacramento, CA 95814
(916) 341-1055
info@betterschoolsforCA.org
www.yesonprop39.org
921 Eleventh Street, Suite 1201
Sacramento, CA 95814
(916) 444-9959
Info@SaveOurHomes.com
www.SaveOurHomes.com