TAXPAYERS LEAGUE ANNUAL DINNER
Our 41st Annual Dinner on April 18th, celebrating
the League's continued service to the taxpayers of Sacramento was a tremendous
success. The success, in a great measure was made possible by the following
groups who sponsored the event:
- John O. Bronson Company, Inc.
- E. A. Grebitus & Sons, Inc.
- Rental Housing Association of Sacramento
Valley
- Snider Leasing
- A. Teichert & Son, Inc.
- Cavalier and Associates
- Florin Road Toyota
- Howard Jarvis Taxpayers Association
- Law Office of Lori M. Merserseau
- People's Advocate
- Pettigrew & Sons Casket Company
- Senator Ford
- Suburban Ford
- The Sullivan Family
- Winter Volvo Lincoln Mercury
The evening's highlight was the keynote speech
by County District Attorney Jan Scully who made an excellent presentation
covering issues related to present conditions regarding structuring and
financing of a number of elements and programs within the law enforcement
community. She also described efforts made to make her office both more
effective and efficient. Our thanks to District Attorney Scully for attending
the event, and by her presence, helping make it a success.
President Mersereau presented Directors Carl
Burton, Bob Creedon, and Tom Hiltachk Outstanding Achievement Awards for
2002, in recognition of the extra work and support they extended this
year that made the Taxpayers League's efforts a resounding success.
Vice President Jon Coupal presented the Annual
Taxpayer Advocate of the Year Award to the Howard Jarvis Taxpayers Association's
Attorney Tim Bittle, who spent four long years fighting on the League's
behalf for the right of County voters to vote on two illegal taxes created
by the County of Sacramento. As a result of Mr. Bittles' successful fight,
by Superior Court decision, the County's illegal Utility Tax and the last
increase to the Transient Occupancy Tax (Hotel Tax) will be on the November
ballot.
ATTENTION - ATTENTION - ATTENTION
Starting in May, the League's Executive and
Regular Board meetings will be held in the conference room across from
the League's second floor office at 1832 Tribute Road, Suite 210, Sacramento.
The J. O Bronson building's Farmer's Market Café' is closed, and consequently
the Executive dinning area is no longer available for meetings. Meetings
will still begin at 12:00 sharp, as in the past.
PROGRESS ON CITY UTILITY TAX
Plans are being completed for the campaign
the League will conduct in support of its November 2002 ballot Measure
which gives City voters the opportunity to lower the City's 7.5% Utility
User Tax (UUT) over a 4-year period to 2.5% beginning in 2003, and to
expand the rebate program to all City taxpayers and families with a yearly
income of less than $25,000. Our city volunteers and Arno Political Consultants
are completing the gathering of the 5,545 valid signatures required to
qualify the ballot Measure.
The League's SACRAMENTANS FOR A FAIR UTILITY
TAX Recipient Committee, Identification Number ID 1240152, is handling
the campaign and its finances. The Committee needs donations to help finance
the campaign. We encourage all members to help by donating money to our
Recipient Committee, as the Committee will face strong, well-funded opponents
of the ballot Measure. Checks should be made out to SACRAMENTANS FOR A
FAIR UTILITY TAX, and mailed to the League office.
ANOTHER WIN FOR THE HOWARD JARVIS ORGANIZATION
The Sacramento Bee, in an April 13th article
"Appeals court upholds ban on Roseville's utility fee", covering the Howard
Jarvis Taxpayers Association's successful lawsuit against the City of
Roseville for applying an illegal 4% in-lieu franchise fee against city
services for water, sewer, and garbage collection, resembles an action
by the League and the Jarvis organization, involving the City of Sacramento.
The City of Sacramento had an 11% in-lieu franchise fee charged against
the same type services. In both Cities' cases it was recognized that the
fee is actually an add-on tax, unrelated to cost-of-service requirements
of Proposition 218. The difference however, is that when the League and
the Jarvis organization challenged the City of Sacramento fee, then City
Manager Bill Edgar recognized the fee was illegal, met with League representatives,
and agreed to recommend putting the fee before the voters as a tax, rather
than engage in a legal battle. He made the recommendation to the Sacramento
City Council, which they wisely approved. The tax was presented to the
voters as a revenue neutral action, which simply changed the name from
fee to tax. The Sacramento City voters approved the change. The 11% tax
is called the Enterprise Fund/General Tax, which according to the City
Budget brings in $11.7 million each year legally. Serious negotiation
is oft-times wiser than starting a war, something the new Sacramento City
Manager, Mayor, and Council are about to learn.
COUNTY UTILITY AND HOTEL TAXES
Superior Court Judge Joe Gray's favorable
decision in our lawsuit against the County of Sacramento for illegally
passing its Utility Tax, and an increase in its Transient Occupancy Tax
(Hotel Tax) during the 1990s, without putting them before the voters,
which violated Proposition 62, resulted in negotiation of terms of a settlement.
The Board of Supervisors is to take action, as agreed in the settlement,
to place ballot Measures on the November ballot asking the voters to approve
the two taxes.
THE GOVERNOR'S BUDGET AND FISCAL PERFORMANCE
The estimated shortfall for the 2002-2003
state budget has risen from $12 billion to $20 billion since we reported
on it last month. Legislative Analyst Elizabeth Hill's says the increase
resulted from lower than estimated income tax receipts. Governor Davis'
must present his budget this month, and must come up with an additional
$4.5 billion of either budget cuts, or borrowing, over what he proposed
in January. The Governor is opposed to any tax increase. Betting is on
that his solutions will be aimed at borrowing rather than budget cuts.
Bee reporter John Hill gives an edge to the bet when he wrote that Senator
Steve Peace, Chairman of the Senate Budget Committee said: "You've got
to come to the realization that a significant part of this will be borrowing.
Low interest rates and investors in search of high-quality government
bonds make that strategy particularly attractive. This is what makes sense
to borrow." Peace's statements imply that heavy long-term bonds and short-term
lease payment bonds will be floated. Couple that with the Governor's penchant
to consider tapping retirement funds, future tobacco settlement revenues,
and special funds, simply results in pushing the problem into the future.
Then, at heavy additional cost to future taxpayers, some not yet born,
future Governors will inherit the repayment problem fostered on them by
our so-called state leaders. And in the end, to misquote Winston Churchill:
"Never in the field of human events has so much been owed by so many because
of so few."
Remember that Steve Wampler, radio talk show
host, in a Sacramento News and Review Opinion piece pointed out that Californians
now pay the highest taxes in the state's 150-year history. And in the
three years since Davis took office the general fund budget ballooned
from $57 billion to $79 billion, a jump of 37 percent, while the population
only rose 5 percent. In one year the size of state government increased
by 20 percent. Ninety percent of a three-year, $25 billion surplus was
spent adding thousands of new employees to state government. But our fearless
leaders say they don't know where to cut!
ATTACKING THE INITIATIVE PROCESS
If there is one thing elected officials throughout
California fear, and hate, it is the power of the Initiative. And both
directly, and subversively, over the years Legislatures and Governors
have attempted to kill, or hamper the Initiative process. The power of
the Initiative was given Californians by Governor Hiram Johnson in 1911.
Bee Opinion writer Daniel Weintraub, in early 2001, discussed the pros-and
cons on use of the Initiative, pointing out Californians love the process
as it is the only way they can check the powers of government. However,
it is also a tool also used by special interest groups, and the wealthy,
to obtain what they want. Proposition 39 is a classic example, wherein
Silicon Valley millionaire Reed Hastings and his wealthy friends changed
the California Constitutional's 121 year old protection of property owners
by reducing the voter approval level for local school bonds from 66.6%
to 55%.
At the end of last year Governor Davis quietly
approved a Legislative Bill aimed specifically at paid signature gathers
used to qualify Initiatives. Simply put, it requires that the individual
who signs the Declaration of Circulator at the bottom of the Initiative,
in the course of gathering signatures, must be a registered voter in the
political jurisdiction involved, whether paid signature gatherer or volunteer.
In the case of the Initiative the League presently has on the street to
reduce the City of Sacramento's Utility User Tax, we were scrupulously
careful to assure that all our Circulators and volunteers are registered
voters of the City. It made signature gathering more difficult, as the
League could not use its County members as signature gathers. However,
it did not make the task impossible. We have passed the number of required
signatures and are now gathering a substantial number of "safeguard signatures"
to assure the final count of registered city voters is surpassed handily.
REGISTRATION OF PUBLIC ADVOCATES
The League is investigating the possibility
of establishing a statewide campaign fund repository, similar to a fund
established by a Political Action Committee (PAC). Its purpose would be
similar as money raised would be used to fund taxpayer advocate campaigns,
but the campaigns would be different as most, but not all, would be used
to fund legal battles in local political jurisdictions below state level.
Another use could be supporting local Initiatives needed to overcome an
identified problem involving a county, city, or local district abuse of
a tax, fee assessment or rate. Presently, the capability of local tax
advocates to fight an abuse is hampered by the lack of money to begin
and sustain an action, or campaign to right a wrong. The fund would used
to help the local Taxpayer organization.
During internal discussions, it became obvious
that identification of "Real Taxpayer Organizations" would be essential.
As Taxpayer Advocates for over 41 years we have encountered, and been
confronted with, many single issue groups gathered to sponsor or fight
and an individual cause, who use the "Taxpayer" identification in some
fashion, and disappear as soon as the issue is resolved or abandoned.
The worst of the lot are hacks, who surface
before every election, pick some name such as "Taxpayers for Citizen's
Rights", imply they represent long standing (actually non-existent) organizations
which have carefully reviewed each issue and made a grave decision as
to what and who a voter should vote for. Actually, they canvas backers
and opponents of Propositions, and campaign committees of candidates for
money to put their positions, and names, in a flashy, slick, slate mailer,
paid for by whoever puts up the buck first.
Our sensitivity to the use of spurious titles
was greatly sharpened when the League encountered a flagrant misrepresentation
of Proposition 26 prepared by its supporters. They never mentioned their
aim was to change the state's Constitutional protection of property owners.
Instead they threw in everything, kids, mom, apple pie, feeding the family
pet, and the grand old flag in support. Interestingly, their name changed
after Proposition 26 was defeated. Originally they were the "National
Taxpayers Alliance" a phantom group unknown to any major taxpayer organization
in the U.S. We investigated and found the "Alliance" was formed by the
Yes on Proposition 26 campaign, who contracted with Voter Connections
Communications in Salina, Kansas. When they rolled over to support Proposition
39, effectively the same bunch reinvented themselves as "The Taxpayers
for Accountability and Better Schools." Membership? Millionaires Reed
Hastings, John Doerr and few of their friends.
We have decided that true Taxpayer Advocate
organizations have many things in common, and can be classified.
Normally they are legally incorporated, file
state and federal tax reports, their officers and board members are identified,
and their organizational names appear in a local telephone directory.
If they have full time offices, the addresses are available. Most have
e-mail addresses, and some have operating websites. These organizations
can be listed, made public, and can be contacted. We are considering a
formal, recorded identification system for the state of California, accessible
to the public at large, who can then check, and weed out the spurious.
FIELD OF DREAMS
The Mayor is becoming a believer of "Build
it, and they will come." She, and a few of our elected officials have
been traipsing to some of the major cities in the "States" to look at
millionaire's amusement facilities dependent on taxpayers backs, and fans
wealthy enough to support other millionaires who play in the arenas. The
officials want to find out how and where the stadiums were built, and
how they were financed. The only trouble is our Mayor will undoubtedly
discover, as Dorothy did when she landed in Oz, that: "This isn't Kansas
Toto!"
Reporter Tony Bizjak of the Bee, in the first
of a three part series described what the group saw, had a table describing
the 4 (best) stadiums in the nation, whose introductory statement is ominous
to taxpayers. Tony wrote, in the box titled Moving arenas downtown: "For
nearly a decade, a long list of academic studies has shown that downtown
sports arenas do not boost the regional economy. But urban policy experts
say there is probably a broader reason for the cities embracing them -
they are the latest weapon in an urban war with the suburbs to lure crowds
downtown and re-establish downtown as a region's metropolitan center.
While results have been mixed, the efforts have involved a huge investment
of public funds and creation of new taxes."
We are waiting breathlessly, for the next
chapter.
MEMBERSHIP
Our Members constitute the League's strength
and Members provide coverage on many issues we try to resolve. We welcome
new Members Gordon Tomsic and David Toland to our 41-year old tax fighting
organization.
Over 120 taxing and rate based agencies in
Sacramento County and its six Cities handle billions of taxpayers' dollars
yearly. The League's constant surveillance of their activities has been
our mission for 41 years. We have been successful in rooting out many
illegal uses of taxpayers' money, and have defeated the last three attempts
to raise sales taxes in the city and county of Sacramento. The last alone
has kept $120 million in the pockets of taxpayers over the last four years.
It is estimated that our work during the past year offset $15 million
in rate costs alone for County and Cities services.
We receive no outside funding. Funds are
raised in the form of membership dues and donations to our Taxpayer Defense
Fund. This year the League is part of, or in charge of, two serious battles
in involving protection of the taxpayer, the reduction of the City of
Sacramento's Utility User Tax (UUT) being just one example. These fights
are local. In addition we are joining with a lead taxpayer organization
sponsoring a statewide fight for all taxpaying property owners. To win
these endeavors we ask all members to help by recruiting new members.
And now, in view of the campaign we are waging in the City to reduce the
UUT, in addition to contributions to the Taxpayer Defense Fund the League
asks that campaign contributions be made to SACRAMENTANS FOR A FAIR UTILITY
TAX, the Recipient Committee we created to put the City of Sacramento
UUT Measure on the November ballot.
LETTERS TO THE LEAGUE
We seek "Letters to the League" from members
on present projects and issues on which we are working, and recommendations
on those we should look at. Letters may be edited and republished in any
format, primarily in the interest of available space. Send letters, faxes,
or e-mail to the Sacramento County Taxpayers League. Our e-mail is Sactaxleague@prodigy.net;
our phone/fax number is (916) 921-5991, and our address is:
Sacramento County Taxpayers League
1832 Tribute Road, #210
Sacramento, CA 95815
TRANSPORTATION
By Director Carl Burton
May is National Bike Month, and the League
views the bicycle as a viable and environmentally sound form of transportation,
as well as an excellent form of recreation for the whole family. May is
also National Motorcycle Safety Awareness Month, and we want to remind
the driving public that a good rule to remember is not to follow a motorcycle
too closely.
In proclaiming May 12-18 as National Transportation
Week, Secretary of Transportation Norman Mineta said, "It is most appropriate
that we take one week each year to celebrate the achievements that we
have made in transportation and at the same time reflect on the challenges
that lie ahead." This is appropriate as California is holding on to its
lead as one of the most congested metropolitan areas in America. And because
of Sacramento's location, and its proximity to large markets (virtually
the entire state of California is within one day's driving distance, and
we are at the hub of several highway interconnections) it's not unusual
for us to inch along Business 80, or be stopped on our way up Hwy 50 toward
the foothills, or trapped in gridlock along Hwy 99 or Interstate 5, or
come to a dead stop in cross-town traffic.
According to the Texas Transportation Institute,
Sacramento is the 15th most congested city in the Nation. In terms of
wasted fuel and productivity, the economic toll of this congestion is
estimated at $830 million a year. Further, the population in the six-county
Sacramento region is expected to grow by almost a million people, an increase
of more than 50%, between now and 2025 (the total population in the region
is expected to exceed 2.8 million). We know traffic demands will increase
and it will become a greater challenge for us to solve. The League recognizes
that challenges face the Sacramento region and believes that transportation
has one of the greatest impacts on our quality of life and our economic
development. Congestion and delay not only waste our time, but also creates
air pollution problems for individuals, burdens the region with inefficiencies
that causes higher costs. The League takes the position that we have an
interest in ensuring that the public transportation needs of Sacramento
are met within the existing stream of tax revenue flowing to Sacramento
area governments. The League believes the Sacramento region needs to develop
a transportation infrastructure that can accommodate the coming dramatic
changes, a system flexible enough to meet future needs. Sacramento has
not yet upgraded our transit systems or services to reflect a changes
in commuting patterns from a "hub and spoke" to a "spider web" system.
My interest in transportation issues began
three decades ago while serving on the San Joaquin County Economic Development
Association Board of Directors. I found that efficient transportation
makes a difference in any community, and that nothing else has a greater
impact on economic development, on growth, or on quality of life. Now
I represent the League on the Sacramento Transportation and Air Quality
Collaborative, a joint effort by nine public agencies within the Sacramento
area: the County of Sacramento, the Cities of Citrus Heights, Elk Grove,
Folsom, and Sacramento, the Sacramento Regional Transit District (RT),
the Sacramento Area Council of Governments (SACOG), the Sacramento Metropolitan
Air Quality Management District (SMAQMD), and the Sacramento Transportation
Authority (STA). The Collaborative is working to promote better transportation
links between people and their jobs; improvements to major travel routes;
expanded use of mass transit; developing air quality initiatives to meet
legal emission limits; and gathering momentum to extend the local Measure
A transportation sales tax past 2009. The Collaborative meets weekly to
discuss county transportation and air quality needs. The Collaborative's
annual budget is $1,000,000.00.
My role is to ensure the taxpayer interests
of the Sacramento region are fully represented in all of the Collaborative's
discussions, such that we get full value for our tax money.
WHO'S IN CHARGE? WHO'S BEING HELD RESPONSIBLE?
In the League office are files in which newspaper
articles, letters and notes accumulate, and the accumulation is part of
the resources I use to research activities in the State and County involving
use and abuse of public money. In the abuse category, except for the state
budget, the electrical crisis, and the Auburn Dam, no files are as compelling
as City files covering City Developments, and City Cost Overruns.
At the end of 2000, talk was about bonds
for theater and Music Circus improvements on H street whose cost increased
from $8.2 million to $11.3 million in one year. County Supervisors and
the City Council approved the increase, and formed a Joint Powers Authority
to issue the bonds. Arts groups are to pay off the bonds over 20 years,
but taxpayers are liable for defaults if payments are not made. In January
2001 discussion involved an $8 million upgrade "to add more character"
to a proposed civic center behind city hall. The question posed was "should
the city go for budget or elegance?" The decision was to add the extra
$8 million over budget. In the same month the city gave developers $650,000
in loans for the developments on the K Street Mall, after having previously
given them a $6 million tax rebate. In February the City Council voted
to help Arden Fair Mall pay for a $30 million expansion, possibly using
redevelopment money. This, after they had already approved about $2 million
to improve Arden Way freeway ramps at Interstate 80, which since has developed
a cost overrun. Also in February the Council learned of a 24% increase,
some $3.8 million, for renovation of the Crossroads Shopping Center into
the City's public safety administrative building. Then in April an audit
revealed the Olympic Track and Field Trials left organizers over $1 million
in debt, and the audit complained about oversight. The City Council and
County used hotel tax funds to bail the organizers out, including forgiving
$500,000 owed to the City and County. The biggest problem was the estimate
of $1.34 million for new tracks at Sacramento State jumped to $2.05 million.
Fortunately Alex G. Spanos covered most of the first $1.34 million with
a donation. Also in the mix, the garage across from the Music Circus was
running 30% over budget. Finally, the City Council began to become concerned
about cost overruns and began to complain. City Manager Bob Thomas defended
the City's handling of construction projects, yet said the City is changing
the way they will be managed, involving more cost analysis before construction
begins. That certainly should be done.
In December cleaning of mold in the delayed
City's public safety building cost an extra $380,000, and the 9 month
delay will increase total cost by about $2 million. In December, the golf
cart barn fiasco hit, and it is a shambles involving construction without
competitive bidding, no written contracts, and no City inspections. This
story is still unfolding and will certainly cost much more than the $800,000
estimate.
Now new stories are unfolding about contract
discrepancies and unlicensed contractors. The lack of knowledge by City
Council Members and the City Manger concerning these costly construction
projects is clearly demonstrated. Questions should be asked whether anyone
in the City is in charge. And more importantly, what actions are being
taken against those responsible for failing to safeguard taxpayer's dollars.
Joe Sullivan
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