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RTC#03-024

January 17, 2003

SUBJECT:

Vehicle License Fee Backfill Restoration

REPORT IN BRIEF

On January 10, 2003, the Governor submitted the FY 2003/2004 State Budget to the Legislature, proposing significant cuts and funding shifts to reduce the budget deficit that would severely affect cities and counties. The Governor has proposed to eliminate, beginning in February 2003, the 67.5% Vehicle License Fee (VLF) backfill currently paid to local governments. If elimination of the VLF backfill is enacted into law, the Sunnyvale General Fund would lose approximately $2.5 million in FY 2002/2003 and approximately $5 million in FY 2003/2004. The revenue loss in FY 2003/2004 would represent approximately 5.4% of the City’s total General Fund Operating Budget.

Working in conjunction with the League of California Cities, local governments across the state are mobilizing quickly to oppose any attempts by the State to eliminate this critical source of revenue.

Staff recommends that Council approve Alternative 1, to adopt the attached Resolution, urging the California Legislature to reject the Governor’s proposed elimination of the VLF backfill to ensure local governments continue to receive 100% of this constitutionally guaranteed local revenue source.

EXISTING POLICY

2003 Legislative Action Policies 7.1. Planning and Management – Fiscal Management. ii) State

#1. Protect the authority of charter cities to control local revenues. Oppose the reconfiguration of revenue distribution formulas to take revenues away from local government to fund state programs.

#12. Support clear assignment of responsibility for state and local governments with better alignment of program responsibility and funding authority, with preference for local control versus state control.

DISCUSSION

In 1986, VLF revenue was constitutionally dedicated by voter approval to fund City and County services. In 1998, during a period of strong economic growth, the Legislature approved a reduction in VLF payments to vehicle owners. This reduction is known as the VLF "offset." In subsequent years the offset was increased to 67.5% of the total VLF owed. At the same time this "tax holiday" was given to vehicle owners, the State made up the difference in revenue to local governments by back-filling the offset. The 1998 legislation, plus subsequent enactments, contain clear provisions indicating that when insufficient funds are available to be transferred from the State General Fund to fully fund the backfill to local governments, then the offset would be reduced, resulting in higher VLF payments for vehicle owners. This is known as the "VLF trigger."

After pledging to protect this constitutionally guaranteed local revenue, the Governor is now proposing to eliminate the backfill entirely, beginning in February 2003. State Assembly Speaker Herb Wesson announced that he will introduce legislation to allow for restoration of VLF funding for cities and counties, proposing to end the tax holiday for vehicle owners (by clarifying how the trigger works) and guaranteeing that the backfill to local governments will not be eliminated.

It is recommended that Council approve the attached Resolution that urges the legislature to reject the Governor’s proposal to eliminate the VLF backfill. If the Resolution is approved, it will be sent to Sunnyvale State Legislators and to the Governor’s Office, along with a letter stating Sunnyvale’s strong opposition to any further attempts to raid this constitutionally protected revenue source.

FISCAL IMPACT

If the Governor’s proposal is enacted, Sunnyvale’s loss of the VLF backfill would amount to approximately $2.5 million in FY 2002/2003 and $5 million in FY 2003/2004. The FY 2003/2004 loss would represent about 5.4% of the City’s total General Fund Operating Budget.

PUBLIC CONTACT

This report was included in the publication and posting of the Council agenda on the City’s official notice bulletin board and the City’s web page. This report is also available at the Sunnyvale Public Library and the City Clerk’s Office.

ALTERNATIVES

  1. Approve the attached Resolution urging the California Legislature to reject the Governor’s proposed VLF takeaway.
  2. Do not approve the Resolution.
  3. Direct staff to perform an alternative action.

RECOMMENDATION

Staff recommends Alternative 1.

Prepared by:
Pete Gonda
Management Analyst, Finance

Reviewed by:
Mary J. Bradley
Director, Finance

Approved by:
Robert S. LaSala
City Manager

Attachments

  1. Resolution Urging the California Legislature to Reject the Governor’s Proposed Shift of Local Vehicle License Fee Revenues and to Honor the 1998 Commitment to Restore the Vehicle License Fee

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