HomeMy WebLinkAbout121923-05.06
ADMINISTRATIVE STAFF REPORT 5.6
TO: Mayor and Town Council December 19, 2023
SUBJECT: Resolution No. 86-2023, opposing the “Taxpayer Protection and
Government Accountability Act” (State Initiative #1935)
BACKGROUND
On January 4, 2022, the California Business Roundtable filed the “Taxpayer Protection
and Government Accountability Act” (TPGAA), or AG #21-0042A1. On February 2, 2023,
the Secretary of State reported that proponents of the T PGAA submitted 1,075,585 valid
signatures, thus exceeding the 997,139 valid signatures required to qualify for the
November 5, 2024 ballot.
Local Government revenue-raising authority is currently substantially restricted by state
statute and constitutional provisions put in place by Proposition 13 passed in 1978,
Proposition 218 passed in 1996, and Proposition 26 passed in 2010. The TPGAA would
affect vital local and state revenue-generating methods by adding and expanding
restrictions on voters and local government tax and fee authority, creating barriers for
cities to provide services to communities, including local infrastructure, protecting the
environment, water quality, air quality, and natural resources.
DISCUSSION
The TPGAA would amend the California Constitution through provisions that limit
voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and
make it more difficult to impose fines and penalties for violators of state and local laws.
If passed, this measure would establish a two-thirds voter approval requirement for any
new or modified special taxes. Local increases to taxes and fees would require approval
by a majority of statewide voters. Additionally, this measure would create new grounds
to legally challenge governmental funding sources and would 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 League of California Cities, along with a broad coalition of local governments, labor
and public safety leaders, infrastructure advocates, and businesses, strongly opposes this
ballot initiative.
Opposing the Taxpayer Protection and 2 December 19, 2023
Government Accountability Act
The Town Council Legislative Committee discussed the TPGAA at their February 28,
2023 public-noticed meeting and endorsed an oppose position for the Town on this
measure. The Town Council discussed the TPGAA at their noticed study session on
March 14, 2023. Following discussion, the Town Council opted to oppose the initiative
and directed the matter be placed on a future Town Council agenda for formal Council
action.
PUBLIC CONTACT
Posting the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None associated with this action. If passed by the voters, the Taxpayer Protection and
Government Accountability Act could adversely affect the Town’s ability to generate
revenues necessary to fund local services, programs and improvements.
RECOMMENDATION
Adopt Resolution No. 86-2023, opposing the “Taxpayer Protection and Government
Accountability Act” (State Initiative #1935).
Prepared by:
Cat Bravo
Management Analyst
Reviewed by:
Joseph A. Calabrigo
Town Manager
Attachment: Resolution No. 86-2023
RESOLUTION NO. 86-2023
OPPOSING THE “TAXPAYER PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT” (STATE INITIATIVE #1935)
WHEREAS, the California Business Roundtable filed the Taxpayer Protection and
Government Accountability Act (AG# 21-0042A1) to be considered for the November
2024 ballot; and
WHEREAS, on February 2, 2023, the Secretary of State reported that proponents of the
Taxpayer Protection and Government Accountability Act submitted 1,075,585 valid
signatures, thus exceeding the 997,139 valid signatures required to qualify for the
November 5, 2024 ballot; and
WHEREAS, the measure creates barriers for cities to maintain and generate revenue to
provide services to communities, including local infrastructure, protecting our
environment, water quality, air quality, and natural resources; and
WHEREAS, this measure would establish a two-thirds voter approval requirement for
any new or modified special taxes. Local increases to taxes and fees would require
approval by a majority of statewide voters; and
WHEREAS, this measure would create new grounds to legally challenge governmental
funding sources and would retroactively void all state and local taxes or fees adopted
after January 1, 2022 if not in compliance with the restrictions of the initiative; and
WHEREAS, a coalition of local government, public safety, labor, and infrastructure
advocates have joined together to fight against this measure; now therefore be it
RESOLVED, that the Danville Town Council hereby opposes the Taxpayer Protection
and Government Accountability Act (State Initiative #1935).
APPROVED by the Danville Town Council at a regular meeting on December 19, 2023
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: 84047BF8-E7F0-42DF-9D5C-2833CB39771B