HomeMy WebLinkAbout04 & 05 - CorrespondenceReceived after Agenda Printed
October 24, 2023
Item No. 4 & 5
From: Rieff, Kim
To: Mulvey. Jennifer
Subject: FW: Support for Resolution Opposing ACA1 and 13
Date: October 24, 2023 7:05:05 AM
From: Aidan Chao <achaostock@gmail.com>
Sent: October 23, 2023 11:38 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: Support for Resolution Opposing ACA1 and 13
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Dear Members of the City Council of Newport Beach,
The Los Angeles County Taxpayers Association voices its strongest support for Mayor Heft's
resolution opposing ACA 1 and 13, which threaten the vital taxpayer protections provided by
Proposition 13 and Proposition 218. These protections have been a lifeline for Californians living
on fixed or low incomes, including seniors, students, and working-class families. In light of the
recent wave of inflation, soaring gas prices, and increasing taxes and fees, it is essential that we
preserve the financial stability of our communities.
Proposition 13, passed in 1978, and Proposition 218, enacted in 1996, have been instrumental in
capping property tax increases and ensuring that homeowners, apartment landlords, and business
owners have stability and predictability in their tax obligations. These measures are the twin
fortresses guarding the spending power of fixed -income households and preventing them from
being forced out of their homes due to unaffordable property tax bills.
However, the sanctity of these taxpayer protections is now under threat, and ACA 1 and 13 pose
a clear and deliberate challenge. The changing of California's initiative rules, similar to recent
efforts by activist courts, is a concerning attempt to undermine the ability of voters to have a say
in matters of taxation and financial burden. We must not allow this undemocratic and
underhanded attempt to diminish the rights of California voters and take more of our hard-earned
money. The positives brought by Proposition 13 and Proposition 218 are at risk, and we cannot
imagine the consequences of property taxes without these safeguards.
We urge you to support the upcoming resolution to oppose ACA 1 and 13 and to make a stand
for the financial stability and well-being of our community. Let us remember that Propositions 13
and 218 were born from the collective voice of Californians who said, "Enough is enough." Now,
it is time for us to come together and raise our voices for LA County Taxpayers.
Sincerely,
Aidan Chao
Chairman, Los Angeles County Taxpayers Association
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Los Angeles County Taxpayers Association
Received after Agenda Printed
October 24, 2023
Item No. 4
H WAR JtAR [
'[fAXPAYI RSASSOCINIION
October 24, 2023
Newport Beach City Council
Council Chambers
100 Civic Center Drive, Newport Beach, CA 92660
Re: Resolution No. 2023-60: Onnosiniz Assemblv Constitutional Amendment 1
Dear Councilmembers,
This is to inform you that the Howard Jarvis Taxpayers Association supports your Resolution
No. 2023-60. ACA 1 is a direct attack on Proposition 13. This is irrefutable. It amends Article
XIII A of the California Constitution. That is Proposition. 13.
ACA 1 would make it easier to raise taxes on the people of California, cutting the vote threshold
needed to pass virtually all local special taxes from the current two-thirds vote required by
Proposition 13 to only 55%.
The loss of that important taxpayer protection in Proposition 13 would mean it is more likely that
struggling taxpayers will be hit with higher local taxes, again and again after every election.
And it is not necessary.
According to the League of California Cities, from 2001-2018, 5 1 % of city tax measures with a
two-thirds vote requirement reached that threshold and passed, because cities were able to
persuade two-thirds of voters to approve those taxes.
It should be noted that we are only talking about special taxes here. General taxes pass with a
simple majority. In fact, in that same period, all local tax measures passed by 70 percent.
It is apparently not enough for some politicians that new and higher special taxes passed most of
the time and that all tax measures passed 70 percent of the time. New and higher taxes must
seemingly pass every time for the proponents of ACA 1 to be satisfied.
That is likely why since Proposition 13 was enacted in 1978, voters have continued to support
the important two-thirds vote protection.
That support was reaffirmed with the passage of pro -taxpayer initiatives like Proposition 62 in
1986, Proposition 218 in 1996, Proposition 26 in 2010.
Further, the two-thirds vote requirement is not a new idea. It has been in the California
Constitution since 1879.
For more than a century, local property owners have been protected against excessive bond debt
by the requirement that local bonds — repaid only by property owners — need a two-thirds vote of
the local electorate.
The logic behind a two-thirds vote requirement for special taxes is the same. While everyone can
vote on special taxes, they are often paid only by property owners through parcel taxes, bonds,
assessments, and fees.
For that reason, it is not enough that a majority support these measures, but also that those who
ultimately pay for them do as well.
That is why a two-thirds vote is necessary. That is why the protection of the two-thirds vote for
special taxes is in Proposition 13.
Sincerely,
k Ii
Jon Coupal
President
Received after Agenda Printed
October 24, 2023
Item No. 5
HOB ARD JtAR [
'[fAXPAYI RSASSO IN1ION
October 24, 2023
Newport Beach City Council
Council Chambers
100 Civic Center Drive, Newport Beach, CA 92660
Re: Resolution No. 2023-61: Opposing Assembly Constitutional Amendment 13
Noting Thresholds)
Dear Councilmembers,
This is to inform you that the Howard Jarvis Taxpayers Association supports your Resolution
No. 2023-61.
ACA 13 reminds us of the recently failed effort in Ohio to make it more difficult to pass
constitutional amendments. In Ohio, when Republicans attempted to raise the voter threshold for
all constitutional amendments, many in this Legislature expressed outrage. President Joe Biden
called it a "blatant attempt to weaken voters' voices [...]" and Gov. Gavin Newsom said, "the
GOP tried to silence the will of the voters."
Unlike Ohio, this Legislature has notably exempted itself from ACA 13 and would seemingly
only require higher constitutional thresholds to impose new limits on taxation. California voters
have routinely and consistently demanded stronger requirements for new and higher taxes.
Proposition 13 in 1978. Proposition 62 in 1986. Proposition 218 in 1996. Proposition 26 in 2010.
How is creating a two -tiered system for amending the California Constitution any less
undemocratic than Ohio? We would argue ACA 13 is even more so.
ACA 13 is an attack on the will of the majority.
Further, since our first state constitution was passed in 1849, constitutional amendments have
required a majority vote of the electorate. At no time in the state's history have constitutional
amendments had different thresholds for voter approval based on their content.
ACA 13 is an attack on constitutional norms.
It begs the question why the Legislature would impose such content -based distinctions to pass
constitutional amendments when none existed before?
Since there is no precedent for this, it seems an obvious attempt to undermine an initiative that
has already qualified for the ballot. The Taxpayer Protection and Government Accountability
Act will restore voter thresholds that the state Constitution already requires for new and higher
taxes. These thresholds were set by voters when they approved Propositions 13 and 218. They
are central tenants of Propositions 13 and 218.
ACA 13 is an attack on Proposition 13.
Sincerely,
k j
Jon Coupal
President
Received after Agenda Printed
October 24, 2023
Ora WGouriyTapayersAwoaatm P.O. Box 5881, Orange, CA 92863
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Mayor and Councilmembers
October 23, 2023
Re: Opposition to ACA 13
The Orange County Taxpayers Association was founded in 1986 by a group of Orange County taxpayers and
business owners, is a non -partisan, non-profit organization with a solid history of working to support taxpayer
issues. OC Tax is the only countywide organization whose exclusive focus is to represent taxpayers on
governmental tax and spending policy issues. Our mission is to ensure that taxes and tax -supported programs
are fair, understandable, cost-effective, and good for the economy.
ACA 13 (Ward, Rivas), which was passed by the legislature, seeks to amend the constitution by limiting the
initiative process by shifting the power to raise the voter threshold for new and higher taxes to the Legislature.
ACA 13 will fundamentally change the initiative process by increasing the voter threshold to pass future limits
on taxes and fees only for measures put on the ballot by signature gathering, not those put on by the
Legislature. ACA 13 will change the power balance between the Legislature and voters and is yet another
attempt to diminish the voice of voters as the right and necessary check -and -balance in our system of
government.
The initiative process is a vital tool for Californians to voice their concerns, propose changes, and stand up for
their values. It allows citizens to bypass the usual legislative channels and bring about changes that matter
deeply to them. However, ACA 13 diminishes these voices, shifting power away from the people and towards
the Legislature in a drastic and unprecedented way. Under ACA 13, the power to increase voter thresholds for
new and higher taxes would vest solely with the Legislature, taking away a fundamental and often -used tool
for voters looking to better control their cost of living and higher taxes. However, the power to reduce voter
thresholds would remain with both citizens and the Legislature, creating significant power imbalance and an
unlevel playing field.
Moreover, ACA 13 is a clear attempt to undermine and ultimately undo several voter -approved taxpayer
protections, including Prop. 13, Prop. 218, and Prop. 26. These measures, while passed by voters, have been
whittled away by both legislative and legal actions. Under ACA 13, these important voter -approved measures
would be even more vulnerable to attack. While the 2/3 threshold for new and higher taxes has not stopped
local governments from being able to raise revenue via special taxes, enacting a similar threshold at the
OCTax: Fighting to make taxes fair, understandable, cost-effective and good for the economy!
Orange County Taxpayers Associatim P.O. Box 5881, Orange, CA 92863
statewide level will again create a significant power imbalance whereby larger cities and urban areas will have
significantly more say in how the entire state is taxed.
The ballot measure process has posed a significant check -and -balance for both the Legislature and the courts.
In fact, in many cases, it is the only recourse taxpayers have when the courts overstep their authority and rule
against voters' will.
Please join OC Tax, the Howard Jarvis Taxpayers Association, the Orange County Business Council as well as
local businesses and chambers of commerce to oppose ACA 13. The California Teachers Association has
expressed their support for ACA 13 and will surely be supporting the measure on the November ballot. By
opposing this bill, we aim to protect the integrity of California's direct democracy system, uphold the rights of
voters, and advocate for transparent and accountable governance.
Thank you for your consideration.
Sincerely,
Sara Catalan
President and CEO
Orange County Taxpayers Association
OCTax: Fighting to make taxes fair, understandable, cost-effective and good for the economy!