HomeMy WebLinkAboutMINUTES - 07132010 - D.2RECOMMENDATION(S):
1. OPEN a public hearing and ACCEPT testimony on the following matters:
a. Ordinance No. 2010-11, which streamlines the existing temporary event permit
application procedure and exempts certain temporary events from the requirement to obtain
a permit; and
b. Resolution No. 2010/364, which establishes a $200 fee for reviewing and processing
temporary event permit applications.
2. CLOSE the public hearing.
3. FIND that the proposed text amendment to Ordinance Code Chapter 82-44 (Ordinance
No. 2010-11) is categorically exempt from the provisions of the California Environmental
Quality Act under CEQA Guidelines Section 15061 (b) (3) which is an activity covered by
the general rule that CEQA applies only to projects, which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a sinificant effect on the environment, the
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/13/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: John Oborne
335-1207
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: July 13, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D. 2
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:July 13, 2010
Contra
Costa
County
Subject:Amendment to Temporary Events Ordinance, Chapter 82-44 and adjustment to the fee for processing a
Temporary Events Permit.
activity is not subject to CEQA.
4. FIND that the proposed text amendment to Ordinance
RECOMMENDATION(S): (CONT'D)
Code Chapter 82-44 (Ordinance No. 2010-11) is consistent with the overall goals and
objectives of the General Plan.
5. ACCEPT the recommendation of the County Planning Commission as contained in
Resolution No. 6-2010, which is attached as Exhibit A.
6. ADOPT Ordinance No. 2010-11, which streamlines the existing temporary event
permit application procedure and exempts certain temporary events from the requirement
to obtain a permit. Ordinance No. 2010-11 is attached as Exhibit B.
7. ADOPT Resolution No. 2010/364, which establishes a $200 fee for reviewing and
processing temporary event permit applications. Resolution No. 2010/364 is incorporated
with this Board Order.
8. DIRECT the Department of Conservation and Development to revise its fee schedule
to be consistent with Resolution No. 2010/364.
9. DIRECT staff to post a Notice of Exemption with the County Clerk.
FISCAL IMPACT:
This zoning text amendment is County initiated and is paid for out of the Department's
operating budget. The revision establishing the $200.00 fee will reasonably cover the
Department cost for reviewing temporary events.
BACKGROUND:
The attached ordinance, Ordinance No. 2010-11, makes two significant changes to the
existing temporary events ordinance, Chapter 82-44 of the County Ordinance Code. First,
the proposed ordinance streamlines the temporary event permit application procedure.
Under subsection (c) of section 82-44.408, an application must be submitted at least 45
days before the proposed event. The zoning administrator will have 10 days after
submission of a complete application to decide on the application. The zoning
administrator must approve a complete permit application and issue a permit unless one
or more grounds for denial exists. The grounds for denial are specified in subsection (d).
Under subsection (e) of section 82-44.408, notice of the zoning administrator’s decision
will be mailed to all properties within 300 feet of the event site. Under subsection (f), the
zoning administrator’s decision on the permit may be appealed to the Conservation and
Development Director within five days of the decision. Under subsection (g), an
application may be submitted less than 45 days before a proposed event if the proposed
event is a response to a current occurrence whose timing did not allow the applicant to
file a timely application. Subsection (g) also shortens the decision-making period and
appeal period for a permit application submitted in response to a current occurrence.
Second, the proposed ordinance exempts certain events from the requirement to obtain a
temporary event permit. Under subsection (h) of section 82-44.408 ordinance, an event at
a residence in a residential zoning district is exempt from the requirement to obtain a
temporary event permit if three or fewer events are held at a residence in a one-year
period and either: (a) 200 or fewer people will be present at an event if the residential
property is 40,000 square feet or greater; or (b) 125 or fewer people will be present at an
event if the residential property is less than 40,000 square feet. Although such an event is
exempt from the permit requirement, the event will still have to meet certain standards.
The sound levels at an event must not exceed specified noise levels, on-site restrooms
must be provided at the event, and dedicated remote parking must be available if the
adjacent streets do not have a graded or paved eight-foot wide shoulder for parking and if
parking for all attendees is unable to occur on site. In addition, under subsection (h), at
least 10 days before the event the property owner must inform the Department of
Conservation and Development of the event and provide notice of the event to all
property occupants who live within 200 feet of the event site.
A temporary event permit will still be required for events of more than 200 people on
residential lots of 40,000 square feet or greater, and for events of more than 125 people
on residential lots of less than 40,000 square feet. A land use permit will still be required
if four or more events are held on a residential property in a 12-month period, and for
events of 300 or more people in a residential zoning district.
In addition to the changes described above, the proposed ordinance makes a few other
revisions to the existing ordinance. First, under section 82-44.410, the zoning
administrator is authorized to impose conditions on a temporary events permit that
address areas such as traffic, parking, first aid, garbage pickup, maximum occupancy,
security, crowd control, fire watch, evacuation, and noise. Section 82-44.410 also
establishes maximum noise limits for temporary events held in residential zoning
districts. The proposed ordinance amends subsection (a) of section 82-44.410 to provide
that the zoning administrator may only impose conditions that are listed in the ordinance
on a temporary events permit.
Next, under section 82-44.206, “event” is defined as an occasion on private property
organized for a particular and limited purpose and time and is an organized outdoor
assemblage that exceeds 75 persons at a venue in a residential zoning district or at a
residence in any other zoning district, or exceeds 150 persons at a venue in any other
zoning district. The proposed ordinance amends subsection (a) of section 82-44.206 to
provide that this definition of “event” applies whether or not an event is open to the
public. The proposed ordinance also amends subsection (a) of section 82-44.402 to
clarify that a temporary event permit is required for a temporary event unless the
temporary event is exempt from the requirement to obtain a temporary event permit or a
land use permit is required for the event. Finally, the proposed ordinance adds subsection
(e) to section 82-44.416 to provide that no conditions that restrict expressive activity or
the content of speech may be imposed on any land use permit issued for an event.
On June 22, 2010 the County Planning Commission held a public hearing on the
proposed text amendment and after evaluting the proposal voted unanimously to
recommend that the Board of Supervisors adopt the text amendment that revises Chapter
82-44, the Temporary Events Ordinance.
In addition, the Department of Conservation and Development is recommending that the
Board of Supervisors adopt Resolution no. 2010/364, attached hereto, that establishes a
$200.00 flat fee for reviewing and processing temporary events permit applications.
Currently, the fee is a $150 deposit plus time and materials. The Department of
Conservation and Development has determined that charging a fee of $200 for reviewing
and processing a temporary event permit application (DCD Fee Code S-060H) does not
exceed the estimated reasonable cost of providing the service for which the fee is
charged.
Notice of the public hearing on the adoption of Ordinance No. 2010-11 was properly
given pursuant to Government Code section 65090. Notice of the public hearing on the
adoption of Resolution No. 2010/364 was properly given pursuant to Government Code
section 66016.
CLERK'S ADDENDUM
CLOSED the public hearing; ADOPTED Ordinance No. 2010-11 to streamline the
existing temporary event permit application procedure and exempts certian temporary
events from the requirement to obtain a permit; ADOPTED Resolution No. 2010/364
establishing a $200 fee for reviewing an processing temporary event permit
applications; DIRECTED the Department of Conservation and Development to revise
its fee schedule to be consistent with Resolution No. 2010/364; and DIRECTED staff to
post a Notice of Exemption with the County Clerk.
ATTACHMENTS
Resolution No. 2010/364
Exhibit A- CPC Reso. No. 6-2010
Exhibit B- Ordinance No.2010-11
Exhibit C- June 22, 2010 CPC staff report
October 26,2009
VIA PERSONAL DELIVERY
The Honorable Edmund G.Brown,Jr.
Attorney General
1300 I Street
Sacramento,CA 95814
Attention:Krystal Paris,Initiative Coordinator
09-0063
Arndt.#iNS
~CEIVE()
OCT 262009
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE
Re:Request to Make Non-Substantive Amendments to Initiative No.09-0063
Dear Mr.Brown:
Attached are two Amendments to Initiative No.09-0063,filed October 20,2009.
First,the Initiative designates two sections,the Findings and Declarations and
Statement of Purpose,as "Section Two."The first amendment renumbers the
Statement of Purpose as "Section Two and One-Half."Second,in Section 7 of the
Initiative,the numbering of the subdivisions in Cal.Canst.Art.XIX B,section 2 jumps
from "(d)"to "(t)"without including a subdivision "(e)."The second amendment
renumbers subdivisions (t)through (i)of section 2 of Article XIX B as subdivisions (e)
through (h)so that a subdivision (e)is included between subdivisions (d)and (t).The
proponents believe these changes are non-substantive.
Thank you for your assistance.
Sincerely,
Enclosure:Proposed Initiative
.OS-0063
Amdt ..#1NS
Section One.Title.
This act shall be known and may be cited as the "Local Taxpayer,Public Safety,and
Transportation Protection Act of 2010."
Section Two.Findings and Declarations.
The people of the State of California find and declare that:
(a)In order to maintain local control over local taxpayer funds and protect vital services
like local fire protection and 9-1-1 emergency response,law enforcement,emergency room
care,public transit,and transportation improvements,California voters have repeatedly and
overwhelmingly voted to restrict state politicians in Sacramento from taking revenues
dedicated to funding local government services and dedicated to funding transportation
improvement projects and services.
(b)By taking these actions,voters have acknowledged the critical importance of
preventing State raids of revenues dedicated to funding vital local government services and
transportation improvement projects and services.
(c)Despite the fact that voters have repeatedly passed measures to prevent the State
from taking these revenues dedicated to funding local government services and transportation
improvement projects and services,state politicians in,Sacramento have seized and borrowed
billions of dollars in local government and transportation funds.
(d)In recent years,state politicians in Sacramento have specifically:
(1)Borrowed billions of dollars in local property tax revenues that would otherwise be
used to fund local police,fire and paramedic response and other vital local services;
(2)Sought to take and borrow billions of dollars in gas tax revenues that voters have
dedicated to on-going transportation projects and tried to use them for non-transportation
purposes;
(3)Taken local community redevelopment funds on numerous occasions and used them
for unrelated purposes;
(4)Taken billions of dollars from local public transit like bus,shuttle,light-rail and
regional commuter rail,and used these funds for unrelated state purposes.
(e)The continued raiding and borrowing of revenues dedicated to funding local
government services and dedicated to funding transportation improvement projects can cause
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severe consequences,such as layoffs of police,fire and paramedic first responders,fire station
closures,healthcare cutbacks,delays in road safety improvements,public transit fare increases
and cutbacks in public transit services.
(f)State politicians in Sacramento have continued to ignore the will ofthe voters,and
current law provides no penalties when state politicians take or borrow these dedicated funds.
(g)It is hereby resolved,that with approval of this ballot initiative,state politicians in
Sacramento shall be prohibited from seizing,diverting,shifting,borrowing,transferring,
suspending or otherwise taking or interfering with tax revenues dedicated to funding local
government services or dedicated to transportation improvement projects and services.
Section Two and One-Half.Statement of Purpose.
The purpose of this measure is to conclusively and completely prohibit state politicians
in Sacramento from seizing,diverting,shifting,borrowing,transferring,suspending or
otherwise taking or interfering with revenues that are dedicated to funding services provided
by local government or funds dedicated to transportation improvement projects and services.
Section Three.Section 24 of Article XIII of the California Constitution is hereby amended to
read as follows:
.@lThe Legislature may not impose taxes for local purposes but may authorize local
governments to impose them.
(b)The Legislature may not reallocate.transfer.borrow.appropriate.restrict the use
of,or otherwise use the proceeds of any tax imposed or levied by a local government solely for
the local government's purposes.
kl Money appropriated from state funds to a local government for its local purposes
may be used as provided by law.
.LQl Money subvened to a local government under Section 25 may be used for state or
local purposes.
Section Four.Section 2S.5 of Article XIII of the California Constitution is hereby amended to
read as follows:
SEC.25.5.(a)On or after November 3,2004,the Legislature shall not enact a statute to
do any of the following:
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(1)(A)Except as otherwise provided in subparagraph (BL modify the manner in which
ad valorem property tax revenues are allocated in accordance with subdivision (a)of Section 1
of Article XIII A so as to reduce for any fiscal year the percentage of the total amount of ad
valorem property tax revenues in a county that is allocated among all ofthe local agencies in
that county below the percentage of the total amount of those revenues that would be
allocated among those agencies for the same fiscal year under the statutes in effect on
November 3,2004.For purposes ofthis subparagraph,"percentage"does not include any
property tax revenues referenced in paragraph (2).
(B)Beginning 'Nith the 2008 09 In the 2009-10 fiscal year .Q.!!..!Yz.and except as otherwise
provided in subparagraph (C),subparagraph (A)may be suspended for a that fiscal year if all of
the following conditions are met:
(i)The Governor issues a proclamation that declares that,due to a severe state fiscal
hardship,the suspension of subparagraph (A)is necessary.
(ii)The Legislature enacts an urgency statute,pursuant to a bill passed in each house of
the Legislature by rollcall vote entered in the journal,two-thirds ofthe membership concurring,
that contains a suspension of subparagraph (A)for that fiscal year and does not contain any
other provision.
(iii)No later than the effective date of the statute described in clause (iiL a statute is
enacted that provides for the full repayment to local agencies of the total amount of revenue
losses,including interest as provided by law,resulting from the modification of ad valorem
property tax revenue allocations to local agencies.This full repayment shall be made not later
than the end ofthe third fiscal year immediately following the fiscal year to which the
modification applies.
(CHi)Sl:Jbparagraph (A)shall not be sl:Jspended for more than two fiscal years dl:Jring any
period of 10 consecl:Jtive fiscal years,which period begins with the first fiscal year for which
sl:Jbparagraph (A)is sl:Jspended.
(ii)Sl:Jbparagraph (A)shall not be sl:Jspended dl:Jring any fiscal year ifthe fl:J1I repayment
reql:Jired by a statl:Jte enacted in accordance 'Nith c1al:Jse (iii)of sl:Jbparagraph (B)has not yet
been completed.
(iii)Sl:Jbparagraph (A)shall not be sl:Jspended dl:Jring any fiscal year if the amOl:Jnt that
was reql:Jired to be paid to cities,cOl:Jnties,and cities and cOl:Jnties l:Jnder Section 10754.11 of
the Revenl:Je and Ta>Eation Code,as that section read on November 3,2004,has not been paid
in fl:J1I prior to the effective date of the statl:Jte providing for that sl:Jspension as described in
c1al:Jse (ii)of sl:Jbparagraph (B).
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{+v}ill A suspension of subparagraph (A)shall not result in a total ad valorem property
tax revenue loss to all local agencies within a county that exceeds 8 percent ofthe total amount
of ad valorem property tax revenues that were allocated among all local agencies within that
county for the fiscal year immediately preceding the fiscal year for which subparagraph (A)is
suspended.
(2)(A)Except as otherwise provided in subparagraphs (B)and (CL restrict the authority
of a city}county}or city and county to impose a tax rate under}or change the method of
distributing revenues derived under}the Bradley-Burns Uniform Local Sales and Use Tax Law set
forth in Part 1.5 (commencing with Section 7200)of Division 2 of the Revenue and Taxation
Code}as that law read on November 3}2004.The restriction imposed by this subparagraph also
applies to the entitlement of a city}county}or city and county to the change in tax rate
resulting from the end ofthe revenue exchange period}as defined in Section 7203.1 ofthe
Revenue and Taxation Code as that section read on November 3}2004.
(B)The Legislature may change by statute the method of distributing the revenues
derived under a use tax imposed pursuant to the Bradley-Burns Uniform Local Sales and Use
Tax Law to allow the State to participate in an interstate compact or to comply with federal law.
(C)The Legislature may authorize by statute two or more specifically identified local
agencies within a county}with the approval of the governing body of each of those agencies}to
enter into a contract to exchange allocations of ad valorem property tax revenues for revenues
derived from a tax rate imposed under the Bradley-Burns Uniform Local Sales and Use Tax Law.
The exchange under this subparagraph of revenues derived from a tax rate imposed under that
law shall not require voter approval for the continued imposition of any portion of an existing
tax rate from which those revenues are derived.
(3)Except as otherwise provided in subparagraph (C)of paragraph (2L change for any
fiscal year the pro rata shares in which ad valorem property tax revenues are allocated among
local agencies in a county other than pursuant to a bill passed in each house of the Legislature
by roll call vote entered in the journal}two-thirds of the membership concurring.The
Legislature shall not change the pro rata shares of ad valorem property tax pursuant to this
paragraph,nor change the allocation of the revenues described in Section 15 of Article XI,to
reimburse a local government when the Legislature or any state agency mandates a new
program or higher level of service on that local government.
(4)Extend beyond the revenue exchange period}as defined in Section 7203.1 of the
Revenue and Taxation Code as that section read on November 3}2004}the suspension ofthe
authority}set forth in that section on that date}of a city}county}or city and county to impose a
sales and use tax rate under the Bradley-Burns Uniform Local Sales and Use Tax Law.
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(5)Reduce,during any period in which the rate authority suspension described in
paragraph (4)is operative,the payments to a city,county,or city and county that are required
by Section 97.68 ofthe Revenue and Taxation Code,as that section read on November 3,2004.
(6)Restrict the authority of a local entity to impose a transactions and use tax rate in
accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)of
Division 2 of the Revenue and Taxation CodeL or change the method for distributing revenues
derived under a transaction and use tax rate imposed under that law,as it read on November 3,
2004.
(7)Require a community redevelopment agency (A)to pay,remit,loan or otherwise
transfer,directly or indirectly,taxes on ad valorem real property and tangible personal property
allocated to the agency pursuant to Section 16 of Article XVI to or for the benefit of the State,
any agency of the State,or any jurisdiction;or (B)to use,restrict,or assign a particular purpose
for such taxes for the benefit of the State,any agency of the State,or any jurisdiction,other
than (i)for making payments to affected taxing agencies pursuant to Sections 33607.5 and
33607.7 of Health and Safety Code or similar statutes requiring such payments,as those
statutes read on January 1,2008;or (ij)for the purpose of increasing,improving,and preserving
the supply of low and moderate income housing available at affordable housing cost.
(b)For purposes ofthis section,the following definitions apply:
(1)"Ad valorem property tax revenues"means all revenues derived from the tax
collected by a county under subdivision (a)of Section 1 of Article XIII A,regardless of any ofthis
revenue being otherwise classified by statute.
(2)"Local agency"has the same meaning as specified in Section 95 of the Revenue and
Taxation Code as that section read on November 3,2004.
(3)"Jurisdiction Jl has the same meaning as specified in Section 95 of the Revenue and
Taxation Code as that section read on November 3,2004.
Section Five.Article XIX of the California Constitution is hereby amended to read as follows:
SECTION 1.The Legislature shall not borrow revenue from the Highway Users Tax
Account,or its successor,and shall not use these revenues for purposes,or in ways,other than
those specifically permitted by this article.
SEC.2.Revenues from taxes imposed by the State on motor vehicle fuels for use in
motor vehicles upon public streets and highways,over and above the costs of collection and
any refunds authorized by law,shall be deposited into the Highway Users Tax Account (Section
2100 ofthe Streets and Highways Code)or its successor,which is hereby declared to be a trust
5
fund,and shall be allocated monthly in accordance with Section 4,and shall used solely for the
following purposes:
(a)The research,planning,construction,improvement,maintenance,and operation
of public streets and highways (and their related public facilities for non motorized traffic),
including the mitigation of their environmental effects,the payment for property taken or
damaged for such purposes,and the administrative costs necessarily incurred in the foregoing
purposes.
(b)The research,planning,construction,and improvement of exclusive public mass
transit guideways (and their related fixed facilities),including the mitigation of their
environmental effects,the payment for property taken or damaged for such purposes,the
administrative costs necessarily incurred in the foregoing purposes,and the maintenance ofthe
structures and the immediate right-of-way for the public mass transit guideways,but excluding
the maintenance and operating costs for mass transit power systems and mass transit
passenger facilities,vehicles,equipment,and services.
SEC.2.SEC.3.Revenues from fees and taxes imposed by the State upon vehicles or
their use or operation,over and above the costs of collection and any refunds authorized by
law,shall be used for the following purposes:
(a)The state administration and enforcement of laws regulating the use,operation,or
registration of vehicles used upon the public streets and highways ofthis State,including the
enforcement of traffic and vehicle laws by state agencies and the mitigation of the
environmental effects of motor vehicle operation due to air and sound emissions.
(b)The purposes specified in Section ±l.ofthis article.
SEC.3.SEC.4.(a)Except as provided in subdivision (b),+!he Legislature shall provide
for the allocation of the revenues to be used for the purposes specified in Section 1 of this
article in a manner 'Nhich ensures the continuance of existing statutory allocation formulas in
effect on June 30,2009 which allocate the revenues described in Section 2 to.fo.f cities,
counties,and areas of the State shall remain in effect.
(b)The Legislature shall not modify the statutory allocations in effect on June 30,2009
unless and until both ofthe following have occurred:
ill+t The Legislature determines in accordance with this subdivision that another basis
for an equitable,geographical,and jurisdictional distribution exists;provided that,until such
determination is made,any use of such revenues for purposes specified in subdivision (b)of
Section 1 ofthis article by or in a city,county,or area ofthe State shall be included 'Nithin the
existing statutory allocations to,or for expenditure in,that city,county,or area.Any future
statutory revisions shall 161 provide for the allocation of these revenues,together with other
6
similar revenues,in a manner which gives equal consideration to the transportation needs of all
areas of the State and all segments of the population;and (B)be consistent with the orderly
achievement of the adopted local,regional,and statewide goals for ground transportation in
local general plans,regional transportation plans,and the California Transportation Plan-=:i
(2)The process described in subdivision (c)has been completed.
(c)The Legislature shall not modify the statutory allocation pursuant to subdivision (b)
until all ofthe following have occurred:
(l)The California Transportation Commission has held no less than four public
hearings in different parts of the State to receive public input about the local and regional goals
for ground transportation in that part of the State;
(2)The California Transportation Commission has published a report describing the
input received at the public hearings and how the modification to the statutory allocation is
consistent with the orderly achievement of local,regional,and statewide goals for ground
transportation in local general plans,regional transportation plans,and the California
Transportation Plan;and
(3)Ninety days have passed since the publication ofthe report by the California
Transportation Commission.
(d)A statute enacted by the Legislature modifying the statutory allocations must be by
a bill passed in each house of the Legislature by roll call vote entered in the journal,two-thirds
of the membership concurring,provided that the bill does not contain any other unrelated
provision.
(e)The revenues allocated by statute to cities,counties,and areas of the State
pursuant to this article may be used solely by the entity to which they are allocated,and solely
for the purposes described in Sections 2,5,or 6 ofthis article.
(f)The Legislature may not take any action which permanently or temporarily does
any of the following:(l)changes the status ofthe Highway Users Tax Account as a trust fund;
(2)borrows,diverts,or appropriates these revenues for purposes other than those described
in subdivision (e);or (3)delays,defers,suspends,or otherwise interrupts the payment,
allocation,distribution,disbursal,or transfer of revenues from taxes described in Section 2 to
cities,counties,and areas ofthe State pursuant to the procedures in effect on June 3D,2009.
&eG:-4.SEC.5.Revenues allocated pursuant to Section ~1 may not be expended for
the purposes specified in subdivision (b)of Section ±1,except for research and planning,until
such use is approved by a majority of the votes cast on the proposition authorizing such use of
7
such revenues in an election held throughout the county or counties,or a specified area of a
county or counties,within which the revenues are to be expended.The Legislature may
authorize the revenues approved for allocation or expenditure under this section to be pledged
or used for the payment of principal and interest on voter-approved bonds issued for the
purposes specified in subdivision (b)of Section ±l..
~.SEC.6..@l The Legislature may authorize U~p to 25 percent of the revenues
available for €)(penditure by any city or county,or by the State,allocated to the State pursuant
to Section 4 for the purposes specified in subdivision (a)of Section ±l.of this article may be
pledged or used by the State,upon approval by the voters and appropriation by the Legislature.
for the payment of principal and interest on voter-approved bonds for such purposes issued .Qy
the State on and after November 2,2010 for such purposes.
(b)Up to 25 percent of the revenues allocated to any city or county pursuant to
Section 4 for the purposes specified in subdivision (a)of Section 2 of this article may be pledged
or used only by any city or county for the payment of principal and interest on voter-approved
bonds issued by that city or county for such purposes.
S~c.e.The ta)(revenues designated under this article may be loaned to the General
~und only if one ofthe follOWing conditions is imposed:
(a)That any amount loaned is to be repaid in full to the fund from which it was
borrowed during the same fiscal year in I/;Ihich the loan I/;Ias made,€)(cept that repayment may
be delayed until a date not more than 30 days after the date of enactment of the budget bill for
the subsequent fiscal year.
(b)That any amount loaned is to be repaid in full to the fund from I/;Ihich it was
borrowed within three fiscal years from the date on which the loan was made and one ofthe
following has occurred:
(1)The Governor has proclaimed a state of emergency and declares that the
emergency I/;Iill result in a significant negative fiscal impact to the General ~und.
(2)The aggregate amount of General ~und revenues for the current fiscal year,as
projected by the Governor in a report to the Legislature in May ofthe current fiscal year,is less
than the aggregate amount of General ~und revenues for the previous fiscal year,adjusted for
the change in the cost of living and the change in population,as specified in the budget
submitted by the Governor pursuant to Section 12 of Article IV in the current fiscal year.
(c)Nothing in this section prohibits the Legislature from authorizing,by statute,loans
to local transportation agencies,cities,counties,or cities and counties,from funds that are
subject to this article,for the purposes authorized under this article.Any loan authorized as
8
described by this subdivision shall be repaid,"'"ith interest at the rate paid on money in the
Pooled Money Investment Account,or any successor to that account,during the period of time
that the money is loaned,to the fund from '''''hich it was borrowed,not later than four years
after the date on which the loan vias made.
SEC.7.Ifthe Legislature reduces or repeals the taxes described in Section 2 and
adopts an alternative source of revenue to replace the moneys derived from those taxes,the
replacement revenue shall be deposited into the Highway Users Tax Account,dedicated to the
purposes listed in Section 2,and allocated to cities,counties,and areas of the State pursuant to
Section 4.All other provisions of this article shall apply to any revenues adopted by the
Legislature to replace the moneys derived from the taxes described in Section 2.
~.SEC.8.This article shall not affect or apply to fees or taxes imposed pursuant
to the Sales and Use Tax Law or the Vehicle License Fee Law,and all amendments and additions
now or hereafter made to such statutes.
&EG:-8.SEC.9.Notwithstanding Sections ±-afl.d.2 and 3 of this article,any real
property acquired by the expenditure of the designated tax revenues by an entity other than
the State for the purposes authorized in those sections,but no longer required for such
purposes,may be used for local public park and recreational purposes.
&Ef.:-9.SEC.10.Notwithstanding any other provision of this Constitution,the
Legislature,by statute,with respect to surplus state property acquired by the expenditure of
tax revenues designated in Sections ±-a-A4 2 and 3 and located in the coastal zone,may
authorize the transfer of such property,for a consideration at least equal to the acquisition cost
paid by the 5~tate to acquire the property,to the Department of Parks and Recreation for state
park purposes,or to the Department of Fish and Game for the protection and preservation of
fish and wildlife habitat,or to the Wildlife Conservation Board for purposes of the Wildlife
Conservation Law of 1947,or to the State Coastal Conservancy for the preservation of
agricultural lands.
As used in this section,"coastal zone"means "coastal zone"as defined by Section
30103 ofthe Public Resources Code as such zone is described on January 1,1977.
Section Six.Article XIX A of the California Constitution is hereby amended to read as follows:
SECTION 1.(a)The Legislature shall not borrow revenues from the Public
Transportation Account,or any successor account,and shall not use these revenues for
purposes,or in ways,other than those specifically permitted by this article.
ill The funds in the Public Transportation Account in the State Transportation Fund,
or any successor account,is a trust fund.The Legislature may not change the status of the
Public Transportation Account as a trust fund.Funds in the Public Transportation Account may
9
not be loaned or otherwise transferred to the General Fund or any other fund or account in the
State Treasury.may be loaned to the General Fblnd only if one ofthe following conditions is
imposed:
(c)All revenues specified in paragraphs (1)through (3),inclusive,of subdivision (a)of
Section 7102 of the Revenue and Taxation Code,as that section read on June 1/2001,shall be
deposited no less than quarterly into the Public Transportation Account (Section 99310 of the
Public Utilities Code),or its successor.The Legislature may not take any action which
temporarily or permanently diverts or appropriates these revenues for purposes other than
those described in subdivision (d),or delays,defers,suspends,or otherwise interrupts the
quarterly deposit of these funds into the Public Transportation Account.
(d)Funds in the Public Transportation Account may only be used for transportation
planning and mass transportation purposes.The revenues described in subdivision (c)are
hereby continuously appropriated to the Controller without regard to fiscal years for allocation
as follows:
(1)Fifty percent pursuant to subdivisions (a)through (f),inclusive,of Section 99315 of
the Public Utilities Coder as that section read on July 30/2009.
(2)Twenty-five percent pursuant to subdivision (b)of Section 99312 of the Public
Utilities Coder as that section read on July 30/2009.
(3)Twenty-five percent pursuant to subdivision (c)of Section 99312 of the Public
Utilities Code,as that section read on July 30,2009.
(a)That any amoblnt loaned is to be repaid in fblll to the accoblnt dblring the same fiscal
year in ",..hich the loan was made,C)<cept that repayment may be delayed blntil a date not more
than 30 days after the date of enactment ofthe bbldget bill for the sblbseqblent fiscal year.
(b)That any amoblnt loaned is to be repaid in fblll to the accoblnt within three fiscal years
from the date on which the loan "...as made and one ofthe following has occblrred:
(1)The Governor has proclaimed a state of emergency and declares that the emergency
will resbllt in a significant negative fiscal impact to the General Fblnd.
(2)The aggregate amoblnt of General Fblnd revenbles for the CblFFent fiscal year,as
projected by the Governor in a report to the Legislatblre in May of the Cblrrent fiscal year,is less
than the aggregate amoblnt of General Fblnd revenbles for the previobls fiscal year,as specified
in the bbldget sblbmitted by the Governor pblrsblant to Section 12 of Article IV in the Cblrrent
fiscal year.
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(e)For purposes of paragraph (1)of subdivision (d),"transportation planning"means
only the purposes described in subdivisions (c)through (f),inclusive,of Section 99315 of the
Public Utilities Code,as that section read on July 30,2009.
(f)For purposes of this article,"mass transportation,""public transit,"and "mass
transit"have the same meaning as "public transportation.""Public transportation"means:
aHA)Surface transportation service provided to the general public,complementary
paratransit service provided to persons with disabilities as required by 42 U.S.c.12143,or
similar transportation provided to people with disabilities or the elderly;(B)operated by bus,
rail,ferry,or other conveyance on a fixed route,demand response,or otherwise regularly
available basis;(e)generally for which a fare is charged;and (D)provided by any transit district,
included transit district,municipal operator,included municipal operator,eligible municipal
operator,or transit development board,as those terms were defined in Article 1 of Chapter 4
of Part 11 of Division 10 ofthe Public Utilities Code on January 1,2009,a joint powers authority
formed to provide mass transportation services,an agency described in subdivision (f)of
Section 15975 of the Government Code,as that section read on January 1,2009,any recipient
offunds under Sections 99260,99260.7,99275,or subdivision Ic)of Section 99400 ofthe Public
Utilities Code,as those sections read on January 1,2009,or a consolidated agency as defined in
Section 132353.1 of the Public Utilities Code,as that section read on January 1,2009.
(2)Surface transportation service provided by the Department of Transportation
pursuant to subdivision (a)of Section 99315 of the Public Utilities Code,as that section read on
July 30,2009.
(3)Public transit capital improvement projects,including those identified in subdivision
(b)of Section 99315 ofthe Public Utilities Code,as that section read on July 30,2009.
SEC.2.(a)As used in this sectionl a "local transportation fund"is a fund created under
Section 29530 of the Government Code l or any successor to that statute.
(b)All local transportation funds are hereby designated trust funds.The Legislature
may not change the status of local transportation funds as trust funds.
(c)A local transportation fund that has been created pursuant to law may not be
abolished.
(d)Money in a local transportation fund shall be allocated only by the local
government that created the fund,and only for the purposes authorized under Article 11
(commencing with Section 29530)of Chapter 2 of Division 3 of Title 3 of the Government Code
and Chapter 4 (commencing with Section 99200)of Part 11 of Division 10 of the Public Utilities
Codel as those provisions existed on October 11 1997.Neither the county nor the Legislature
11
may authorize the expenditure of money in a local transportation fund for purposes other than
those specified in this subdivision.
(e)This section constitutes the sole method of allocating,distributing,and using the
revenues in a local transportation fund.The purposes described in subdivision (d)are the sole
purposes for which the revenues in a local transportation fund may be used.The Legislature
may not enact a statute or take any other action which,permanently or temporarily,does any
of the following:
(1)Transfers,diverts,or appropriates the revenues in a local transportation fund for any
other purpose than those described in subdivision (d);
(2)Authorizes the expenditures of the revenue in a local transportation fund for any
other purpose than those described in subdivision (d);
(3)Borrows or loans the revenues in a local transportation fund,regardless of whether
these revenues remain in the Retail Sales Tax Fund in the State Treasury or are transferred to
another fund or account.
(f)The percentage ofthe tax imposed pursuant to section 7202 ofthe Revenue and
Taxation Code allocated to local transportation funds shall not be reduced below the
percentage that was transmitted to such funds during the 2008 calendar year.Revenues
allocated to local transportation funds shall be transmitted in accordance with Section 7204 of
the Revenue and Taxation Code and deposited into local transportation funds in accordance
with Section 29530 of the Government Code,as those sections read on June 30,2009.
Section Seven.Article XIX B of the California Constitution is hereby amended to read as
follows:
SECTION 1.The Legislature shall not borrow revenues from the Transportation
Investment Fund,or its successor,and shall not use these revenues for purposes,or in ways,
other than those specifically permitted by this article.
SEC.2.(a)For the 2003-04 fiscal year and each fiscal year thereafter,all moneys
revenues that are collected during the fiscal year from taxes under the Sales and Use Tax Law
(Part 1 (commencing with Section 6001)of Division 2 of the Revenue and Taxation Code),or
any successor to that law,upon the sale,storage,use,or other consumption in this State of
motor vehicle fuel,as defined for purposes of the Motor Vehicle Fuel License Tax Law (Part 2
(commencing with Section 7301)of Division 2 of the Revenue and Taxation Code),anE!that are
E!epositeE!in the General FunE!ofthe State pursuant to that la'o\',shall be transferreE!to
deposited into the Transportation Investment Fund or its successor,which is hereby created in
12
the State Treasury and which is hereby declared to be a trust fund.The Legislature may not
change the status ofthe Transportation Investment Fund as a trust fund.
(b){l)For the 2003-04 to 2007-08 fiscal years}inclusive}moneys in the Transportation
Investment Fund shall be allocated}upon appropriation by the Legislature}in accordance with
Section 7104 of the Revenue and Taxation Code as that section read on March 6}2002.
(2)For the 2008-09 fiscal year and each fiscal year thereafter}moneys in the
Transportation Investment Fund shall be allocated solely for the following purposes:
(A)Public transit and mass transportation.Moneys appropriated for public transit and
mass transportation shall be allocated as follows:(i)Twenty-five percent pursuant to
subdivision (b)of Section 99312 of the Public Utilities Code,as that section read on July 30,
2009;(ii)Twenty-five percent pursuant to subdivision (c)of Section 99312 of the Public Utilities
Code,as that section read on July 30,2009;and (iii)Fifty percent for the purposes of
subdivisions (a)and (b)of Section 99315 ofthe Public Utilities Code,as that section read on July
30,2009.
(8)Transportation capital improvement projects}subject to the laws governing the State
Transportation Improvement Program}or any successor to that program.
(C)Street and highway maintenance}rehabilitation}reconstruction}or storm damage
repair conducted by cities}including a city and county.
(D)Street and highway maintenance}rehabilitation}reconstruction}or storm damage
repair conducted by counties}including a city and county.
(c)For the 2008-09 fiscal year and each fiscal year thereafter}moneys in the
Transportation Investment Fund are hereby continuously appropriated to the Controller
without regard to fiscal years,which shall be allocated}upon appropriation by the Legislature}
as follows:
(A)Twenty percent of the moneys for the purposes set forth in subparagraph (A)of
paragraph (2)of subdivision (b).
(8)Forty percent of the moneys for the purposes set forth in subparagraph (8)of
paragraph (2)of subdivision (b).
(C)Twenty percent ofthe moneys for the purposes set forth in subparagraph (C)of
paragraph (2)of subdivision (b).
(D)Twenty percent ofthe moneys for the purposes set forth in subparagraph (D)of
paragraph (2)of subdivision (b).
13
(d)(1)E)(Cept as otherwise provided by paragraph (2),the transfer of revenues from the
General Fund of the State to the Transportation Investment Fund pursuant to subdivision (a)
may be suspended,in whole or in part,for a fiscal year if all of the follo'Ning conditions are met:
(/\)The Governor issues a proclamation that declares that,dble to a severe state fiscal
hardship,the sblspension ofthe transfer of revenues reqblired by subdivision (a)is necessary.
(8)The Legislature enacts by statute,pursuant to a bill passed in each house ofthe
Legislature by rollcall vote entered in the journal,two thirds ofthe membership concurring,a
suspension for that fiscal year of the transfer of revenues required by subdivision (a)and the
bill does not contain any other unrelated provision.
(C)No later than the effective date of the statute described in subparagraph (8),a
separate statute is enacted that provides for the full repayment to the Transportation
Investment Fund ofthe total amount of revenue that was not transferred to that fund as a
result of the suspension,including interest as provided by law.This full repayment shall be
made not later than the end of the third fiscal year immediately follo'Ning the fiscal year to
which the suspension applies.
(2)(/\)The transfer required by subdivision (a)shall not be suspended for more than
tvv'O fiscal years dblring any period of 10 conseCbltive fiscal years,which period begins 'Nith the
first fiscal year commencing on or after July 1,2007,for which the transfer required by
subdivision (a)is suspended.
(8)The transfer required by subdivision (a)shall not be sblspended during any fiscal year
if a full repayment reqblired by a statute enacted in accordance with subparagraph (C)of
paragraph (1)has not yet been completed.
tel @ The Legislature may not enact a statute that modifies the percentage shares set
forth in subdivision (c)by a bill passed in each house ofthe Legislature by rollcall vote entered
in the journal,two thirds ofthe membership concurring,provided thatthe bill does not contain
any other unrelated provision and that the moneys described in sblbdivision (a)are expended
solely for the pblrposes set forth in paragraph (2)of subdivision (b)until all of the following have
occurred:
(1)The California Transportation Commission has held no less than four public hearings
in different parts of the State to receive public input about the need for public transit mass
transportation,transportation capital improvement projects,and street and highway
maintenance;
(2)The California Transportation Commission has published a report describing the
input received at the public hearings and how the modification to the statutory allocation is
14
consistent with the orderly achievement of local,regional and statewide goals for public transit,
mass transportation,transportation capital improvements,and street and highway
maintenance in a manner that is consistent with local general plans,regional transportation
plans,and the California Transportation Plan;
(3)Ninety days have passed since the publication ofthe report by the California
Transportation Commission.
(4)The statute enacted by the Legislature pursuant to this subdivision must be by a bill
passed in each house ofthe Legislature by roll call vote entered in the journal,two-thirds ofthe
membership concurring,provided that the bill does not contain any other unrelated provision
and that the revenues described in subdivision (a)are expended solely for the purposes set
forth in paragraph (2)of subdivision (b).
ff}{gl(1)An amount equivalent to the total amount of revenues that were not
transferred from the General Fund ofthe State to the Transportation Investment Fund,as of
July 1,2007,because of a suspension of transfer of revenues pursuant to this section as it read
on January 1,2006,but excluding the amount to be paid to the Transportation Deferred
Investment Fund pursuant to Section 63048.65 of the Government Code,shall be transferred
from the General Fund to the Transportation Investment Fund no later than June 30,2016.
Until this total amount has been transferred,the amount of transfer payments to be made in
each fiscal year shall not be less than one-tenth ofthe total amount required to be transferred
by June 30,2016.The transferred revenues shall be allocated solely for the purposes set forth
in this section as if they had been received in the absence of a suspension of transfer of
revenues.
(2)The Legislature may provide by statute for the issuance of bonds by the state or local
agencies,as applicable,that are secured by the minimum transfer payments required by
paragraph (1).Proceeds from the sale of those bonds shall be allocated solely for the purposes
set forth in this section as if they were revenues subject to allocation pursuant to paragraph (2)
of subdivision (b).
(f)This section constitutes the sole method of allocating,distributing,and using the
revenues described in subdivision (a).The purposes described in paragraph (2)of subdivision
(b)are the sole purposes for which the revenues described in subdivision (a)may be used.The
Legislature may not enact a statute or take any other action which,permanently or temporarily,
does any of the following:
(1)Transfers,diverts,or appropriates the revenues described in subdivision (a)for any
other purposes than those described in paragraph (2)of subdivision (b);
15
(2)Authorizes the expenditures of the revenues described in subdivision (a)for any
other purposes than those described in paragraph (2)of subdivision (b)or;
(3)Borrows or loans the revenues described in subdivision (a),regardless of whether
these revenues remain in the Transportation Investment Fund or are transferred to another
fund or account such as the Public Transportation Account,a trust fund in the State
Transportation Fund.
(g)For purposes of this article,"mass transportation,""public transit"and "mass
transit"have the same meanings as "public transportation.""Public transportation"means:
(l)(A)Surface transportation service provided to the general public,complementary
paratransit service provided to persons with disabilities as required by 42 U.S.c.12143,or
similar transportation provided to people with disabilities or the elderly;(B)operated by bus,
rail,ferry,or other conveyance on a fixed route,demand response,or otherwise regularly
available basis;(C)generally for which a fare is charged;and (D)provided by any transit district,
included transit district,municipal operator,included municipal operator,eligible municipal
operator,or transit development board,as those terms were defined in Article 1 of Chapter 4
of Part 11 of Division 10 ofthe Public Utilities Code on January 1,2009,a joint powers authority
formed to provide mass transportation services,an agency described in subdivision (f)of
Section 15975 ofthe Government Code,as that section read on January 1,2009,any recipient
offunds under Sections 99260,99260.7,99275,or subdivision (c)of Section 99400 of the Public
Utilities Code,as those sections read on January 1,2009,or a consolidated agency as defined in
Section 132353.1 ofthe Public Utilities Code,as that section read on January 1,2009.
(2)Surface transportation service provided by the Department of Transportation
pursuant to subdivision (a)of Section 99315 of the Public Utilities Code,as that section read on
July 30,2009.
(3)Public transit capital improvement projects,including those identified in subdivision
(b)of Section 99315 ofthe Public Utilities Code,as that section read on July 30,2009.
(h)If the Legislature reduces or repeals the taxes described in subdivision (a)and adopts
an alternative source of revenue to replace the moneys derived from those taxes,the
replacement revenue shall be deposited into the Transportation Investment Fund,dedicated to
the purposes listed in paragraph (2)of subdivision (b),and allocated pursuant to subdivision (c).
All other provisions of this article shall apply to any revenues adopted by the Legislature to
replace the moneys derived from the taxes described in subdivision (a).
Section Eight.Article XIX C is hereby added to the Constitution to read as follows:
16
SECTION 1.If any challenge to invalidate an action that violates Articles XIX,XIX A,or
XIX B ofthe California Constitution is successful either by way of a final judgment,settlement,
or resolution by administrative or legislative action,there is hereby continuously appropriated
from the General Fund to the Controller,without regard to fiscal years,that amount of revenue
necessary to restore the fund or account from which the revenues were unlawfully taken or
diverted to its financial status had the unlawful action not been taken.
SEC.2.If any challenge to invalidate an action that violates Section 24 or Section 25.5 of
Article XIII of this Constitution is successful either by way of a final judgment,settlement,or
resolution by administrative or legislative action,there is hereby continuously appropriated
from the General Fund to the local government an amount of revenue equal to the amount of
revenue unlawfully taken or diverted.
SEC.3.Interest calculated at the Pooled Money Investment Fund rate from the date or
dates the revenues were unlawfully taken or diverted shall accrue to the amounts required to
be restored pursuant to this section.Within thirty days from the date a challenge is successful,
the Controller shall make the transfer required by the continuous appropriation .and issue a
notice to the parties that the transfer has been completed.
SEC.4.If in any challenge brought pursuant to this section a restraining order or
preliminary injunction is issued,the plaintiffs or petitioners shall not be required to post a bond
obligating the plaintiffs or petitioners to indemnify the government defendants or the State of
California for any damage the restraining order or preliminary injunction may cause.
Section Nine.
Section 16 of Article XVI of the Constitution requires that a specified portion of the
taxes levied upon the taxable property in a redevelopment project each year be allocated to
the redevelopment agency to repay indebtedness incurred for the purpose of eliminating blight
within the redevelopment project area.Section 16 of Article XVI prohibits the Legislature from
reallocating some or that entire specified portion of the taxes to the State,an agency of the .
State,or any other taxing jurisdiction,instead of to the redevelopment agency.The Legislature
has been illegally circumventing Section 16 of Article XVI in recent years by requiring
redevelopment agencies to transfer a portion of those taxes for purposes other than the
financing of redevelopment projects.A purpose of the amendments made by this measure is to
prohibit the Legislature from requiring,after the taxes have been allocated to a redevelopment
agency,that the redevelopment agency transfer some or all of those taxes to the State,an
agency of the State,or a jurisdiction;or use some or all of those taxes for the benefit of the
State,an agency of the State,or a jurisdiction.
Section Ten.Continuous Appropriations.
17
The provisions of Sections 6,7,and 8 of this Act that require a continuous appropriation
to the Controller without regard to fiscal year are intended to be "appropriations made by law"
within the meaning of Section 7 of Article XVI of the California Constitution.
Section Eleven.Liberal Construction.
The provisions of this Act shall be liberally construed in order to effectuate its purposes.
Section Twelve.Conflicting Statutes.
Any statute passed by the Legislature between October 21,2009 and the effective date
of this measure,that would have been prohibited if this measure were in effect on the date it
was enacted,is hereby repealed.
Section Thirteen.Conflicting Ballot Measures.
In the event that this measure and another measure or measures relating to the
direction or redirection of revenues dedicated to funding services provided by local
governments and/or transportation projects or services appear on the same statewide election
ballot,the provisions of the other measure or measures shall be deemed to be in conflict with
this measure.In the event that this measure shall receive a greater number of affirmative
votes,the provisions ofthis measure shall prevail in their entirety,and the provisions ofthe
other measure or measures shall be null and void.
Section Fourteen.Severability.
It is the intent of the People that the provisions of this Act are severable and that if any
provision of this Act or the application thereof to any person or circumstance,is held invalid,
such invalidity shall not affect any other provision or application of this Act which can be given
effect without the invalid provision or application.
18