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August 2, 1991
HONORABLE CITY COUNCIL
Paio Alto, California
ErtlCl OF 19'1=ll... STATe BUDGET
Members of the Council:
Report in Brief
This report is for information purposes only, and requires no
Council action. On July 16, 19~1, the Governor signed the budget
bill and related legislation approved by the Legisl,ature. Actions
taken as a result of bUdget negotiati.ons 'Will affect the city of
Palo Alto both positively a~d negatively. Until the City is given
more information from the Fublic Employees Retirement System (PERS)
the total impact of the budget measures will not be known defini
tively; ho~ever, exclusive of the PERS rebate, staff estimates a
loss of $280,200 in General Fund fine and forfeiture and cigarette
tax revenues and additional parking citation charges, offset by
$150,000 to $200,000 in additional sales tax revenues. Staff viII
return to the cO'..lncil with the midyear financial report to make all
adjustments req11ired to the 1991-92 adopted budget.
~s Tax/PERS Rebate
Tt.ro budget measures will affect the City'S finances positively ..
The City vill receive approximately $150,000 to $200,000 more in
sales tax as a result of extension of sales tax to previously
untaxed commodities such as candy, snack foods, bottled 'Water,
newspapers, and fuels fer commercial ships and airplanes.
In addition, Assembly Bill (AB) 702 enacte:.d changes in certain
benefits in PERS 'Which ",,111 mean appro:dl'lately $439 million in
savings to all California cities. The bill eliminates the -InVest
ment Dividend Disbursement Account-(IODA) and the -Extraordinary
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Performance Dividend Account" (EPDA), 'Which .'ere created to fund
supplemental cost of living adjustments [or PERS retirees. A total
or $1.6 to $1.7 million 'Will be credited back to the employer
accounts in the system. At this time: it is not knovn hov much
Palo Alto's share of the savings will be. AB 702 stipulates that
PERS employers, in expending any of the savings ltI'~ich accrue as a
result of the repeal of the rDDA and EPDrt progra~s, viII qive the
highest priority to retalninq or rehiring as Jr,any as possible of
tbase PERS ~embeTs subject to layoff or reduction. This would only
affect one potential layoff in the 1991-92 budget, and staff is
'W'orkir-.g to resolve this one so that no funding lIlould be required~
staff is also investiqatinq the pote~tial for making adju~tments to
the actuarial funding year ~ith PERS, and ~i11 return to Council
with a recommendation if warranted, once all the relevant informa
tion is reviewed~
Fines and Forfeiture Revenue
rhe Legislature and the Governor have determined that cities should
help finance the trial courts~ and through AB 1297 ~ill require
that half of all non-parking fines and forfeitures attributable to
cities will be shifted to the State prior to their normal alloca
tion to cities. Palo Alto budgeted $263,500 in 1991-92 for such
tines, so the I'evenue loss 'Will be $131,750, AB 1297 also requires
that cities vho elect to accept parking panalties pay ~he County
$1.50 per parking citation. A total of 50,400 citations are
estimated to be issued during the year; this equates to $75 /600 in
additional expenditures to pay the county.
Cigarette Tax Rev_~~
In addition to revenues derived frem AB 1297, trial court funding
will also come f~o~ a shift of 47 percent of cities' cigarette tax
revenue. This was a compromise to the Governor's original proposal
to take $~5 milli~n in city vehicle license fee reven~e. Palo ~lto
budgeted $155,000 in cigarette tax revenue in 1991-92, so this .ill
mean a loss of $72,850 to the Ge.neral Fund. The shift sunsets
after five years~ on or after July 1, 1996.
S8 2557: Book ing F~_~s [Property Tax Ad!'T1.n i.ni.$trati on
senate Bill 2557, passed initially in 1990-91, ·t.'as not repealed in
this legislative session, despite strong efforts by california
cities. Palo Alto's 1991-92 budget includes $380,000 for the cost
of booking prisoners. and a reduction of $130,000 in property tax
revenue for the County-imposed charge for property tax administra
tion.
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Senate sill 21 'Was intended hi" the legislature to provide sclta
minor mitigation to citie~ by allo'iiinq cities to recover the cost
of booking fees from arrested per6on~ 'Who are subsequently
convicted of a crime related to their arrest. Ho~ever, while it is
possible to t~ack a person from the bookin9 process through the
County's criminal justice system, it is a time-consuming task that
".liQuId create a signif icant 'Workload probleIr.. Police staff make
between 3,500 and 4,000 arrests a year, and the 1 enqth of time
between booking and conviction in scme cases is several years. I~
addition, the rate of collection from the majority of convicted
persons can be expected t~ be low: people placed on probation as
a result of conviction frequently do not even report to their
probation officers as required. Additionally, crimes are often
committed to support narcotic habits, 50 it is unrealiatic to think
these people will pay restitution for booking fees to the agency
who put them in jail. Even legislative staff estimated that cities
usinq this mechanism are likely to offset less than 10 percent of
the cost of booking fees.
Respectfully submitted,
Director of Finance
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