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AgdaPkt 2009-10-12
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AgdaPkt 2009-10-12
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Last modified
9/24/2013 12:10:19 PM
Creation date
10/8/2009 2:13:15 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
10/12/2009
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8A <br /> Page 23 <br /> The League will keep city o�cials informed of any additional developments on this important <br /> topic. <br /> `LawsuiY Continued from Page 1... <br /> Though this action now closes the first case, CRA v. Genesf,CRA will have to file a second <br /> lawsuit against the state challenging its$2.05 billion redevelopment raid included in the FY 2009- <br /> 10 state budget passed in July 2009.CRA contends the second state budget raid is no different <br /> than the first raid in 2�08 that was ruled unconstitutional. CRA expects to file this subsequent suit <br /> in the next few weeks. <br /> °While we're pieased that the state dropped the appeal of its FY 2008-09 raid,we must head <br /> right back to court to block an even more drastic raid this year. Not only are these raids iliega(, but <br /> they're terrible public policy. Given our shaky economy,you'd expect lawmakers to be doing <br /> everything possible to support programs like redevelopment that put people to work and generate <br /> tax revenue,"said CRA Executive Director John Shirey. <br /> The FY 2009-10 budget passed in September 20Q8 included a provision to take$350 mil(ion in <br /> redevelopment funding to use to fund state obligations.This action was a clear violation of Article <br /> XVI, Section 16 of the Cafifornia Constitution which states that redevelopment tax inc�ement <br /> funds can only be used for specified redevelopment activities,specifically`�o frnance or re�nance <br /> ...the redevelopmenf projecf." <br /> CRA in December 2008 and in April 2009,Sacramento Superior Court Judge Lloyd Connelly <br /> ruled in favor of redevelopment agencies and invalidated the 2008 legislation finding that it <br /> "vio/afes the intent of section 16 jof the State ConstitufionJ, to allocate fhe tax rncremenf to fhe <br /> financtng of redeve/opment projects."The State of Califomia originally filed papers to appeal the <br /> decision but dropped that appeal last week. <br /> Despite the clear unconstitutionality and the Superior Cour�ruling,just three months after Judge <br /> Connelly's ruling,in July 2009, legislators and the Gov.Amold Schwarzenegger approved budget <br /> bill ABX4-26.This bill authorizes a$2.05 billion raid of local redevelopment funds, including$1.7 <br /> billion in FY 2009-10 and another$350 million in FY 2010-11. <br /> While legislative staff and lawyers tinkered with the wording of the 2009 legislation in an attempt <br /> to get around the state Constitution and Superior Court Ruling, the raid in the FY 2009-10 raid is <br /> also unconstitutional. It is still an attempt to redirect redevelopment funds to pay off#he State's <br /> obligations—clearly a violation of the Constitution. <br /> The second lawsuit will be filed shortly, also in Sacramento Superior Court.Because payments <br /> from redevelopment agencies are due in May 2010,CRA wil[seek a Superior Court ruling before <br /> that time. <br /> Although CRA anticipates that the 2009 raids will be found unconstitutional,this irresponsibfe <br /> action by legislators and Governor forces redevelopment agencies to set aside funding now and <br /> put necessary projects on hold in case the ruling goes against them.That unavoidably delays <br /> economic development and job creation,directly harming[ocal communities and stalting <br /> economic recovery. <br /> `Tax Commiasion'Continued from Page 1... <br /> In brief,COTC made the following recommendations: <br /> 1. EJiminates the state corporation tax and the franchise minimum tax. <br /> 2. Cuts and restructures the personal income tax(PIT)across all income levels, especially <br /> upper tiers. <br /> a. Moves from six tax rate categories to two. <br /> b. Eliminates PIT deductions except for charitable contributions,mortgage interest <br /> and property taxes.Categories no longer deductable would include medicines, <br /> 3 <br />
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