Laserfiche WebLink
wary of the "Triple Flip" because the State's proposed repayment to cities is merely a <br />promise. Despite the State's promise that sales tax losses will be repaid with equivalent <br />property tax money, there is no guarantee that this repayment will occur. <br />As a charter city, Cerritos' primary argument in the lawsuit will be that charter cities do not <br />need authority from the Legislature to impose a tax due to the "home rule" powers of <br />charter cities. Although much of the argument against the "Triple Flip" is based upon its <br />potential impact upon charter cities, Cerritos believes that general law cities will also <br />benefit from its legal challenge against the State. Cerritos maintains that if over 100 <br />charter cities are exempt from the Legislature's "raid" on local taxes, including some of <br />the largest cities generating the greatest amount of taxes, the State would be hard put to <br />leave this burden on the backs of smaller general law cities. <br />In addition, Cerritos will argue that the State has other options to mitigate its budget <br />problems other than usurping local taxing authority or confiscating existing local revenues. <br />These options could include either increasing the overall sales tax or reducing the State's <br />portion of sales tax and imposing a corresponding tax to repay the deficit reduction <br />bonds. This scenario, labeled the "double -flip" by its proponents, would enable the State <br />to assume the entire responsibility for its budget shortfall and therefore would leave cities <br />"whole." <br />FINANCIAL IMPACT: <br />As explained above, the City of Cerritos requested that general law cities join the lawsuit <br />in name only, with no financial commitment. Therefore, no financial impact from joining <br />the litigation is anticipated. <br />ENVIRONMENTAL IMPACT: <br />No environmental impact is anticipated from joining the City of Cerritos litigation. <br />CONFLICT OF INTEREST — Gift Disclosure Requirements <br />Not applicable. <br />RECOMMENDATION: <br />We believe that the City of Colton would benefit from participating in the Cerritos' legal <br />action against the State. As requested by Cerritos, the City should consider joining as a <br />co -plaintiff in name only, with no financial commitment. <br />Prepared by: Dean Derleth, City Attorney <br />REVIEW TEAM ONLY <br />City Attorney: Finance Director: <br />City Manager: OTHER: <br />