LAKE COUNTY, Calif. — A proposed voter initiative that raised significant concerns for local governments across California has failed to qualify for this year’s ballot, but there are concerns it may resurface in a future effort.
Voter Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act, so alarmed local officials that the city councils of both Clearlake and Lakeport voted in February to formally oppose it at the request of the League of California Cities, which called the measure “deceptive” and “irresponsible.”
Cities up and down the state followed suit, passing similar resolutions earlier this year.
The main thrust of the measure, Cal Cities reported, was to give wealthy corporations a major loophole to pay less for the infrastructure, environmental, water and air quality, and natural resources impacts on communities while jeopardizing vital services and undermining voter rights and accountability.
However, on Tuesday evening, Lakeport City Attorney David Ruderman told the Lakeport City Council that the deadline for submitting signatures to qualify the initiative for the ballot had passed and it hadn’t been submitted.
He said proponents had spent $10 million on the effort so far.
The initiative measure was sponsored by the California Business Roundtable.
The initiative aimed to amend the State Constitution to change the rules for how the state and local governments can impose taxes, fees and other charges, according to the Legislative Analyst’s Office.
The concern for local governments was due to its potential negative impact for cities and counties.
The Legislative Analyst’s Office analysis said it “would lower annual state and local revenues, potentially substantially lower, depending on future actions of the Legislature, local governing bodies, voters, and the courts.”
The California Special Districts Association reported on its website that the initiative would have retroactively voided all state and local taxes or fees adopted after Jan. 1, 2022, if they didn’t follow the initiative’s provisions.
“This may also affect indexed fees that adjust over time for inflation or other factors. Effectively, it would allow voters throughout California to invalidate the prior actions of local voters, undermining local control and voter-approved decisions about investments needed in their communities,” the association reported.
In his report to the Clearlake City Council in February, City Manager Alan Flora called it “particularly concerning.”
A staff report to the council said it was backed by major corporations and would have “far-reaching and yet undefined impacts to how local government, including the City of Clearlake functions.”
Those impacts were expected to include measures meant to fund infrastructure and the ability of the city to charge development fees.
For his part, Lakeport City Manager Kevin Ingram in February called the initiative “potentially devastating,” explaining that it would make it more difficult to enact fees, allow for more repeal of fees and provide disruption to the city's fiscal ability.
The title, he said, was meant to elicit anti-tax and small government spirit.
Councilman Kenny Parlet said during the February meeting that those naming initiatives in misleading ways in California — including this new initiative, along with propositions 47 and 57 — were guilty of fraud.
“Whoever writes these titles should be incarcerated. It’s absolutely ridiculous,” he said.
Ruderman told the council at that point that it’s the initiative proponents who provide the initiative titles.
“That explains a lot,” said Mayor Pro Tem Mireya Turner.
Ruderman said Tuesday night that there was talk that the initiative may be brought back in an effort to get it on the ballot in 2024.
For the time being, however, Ruderman said he was glad to have the initiative behind them.
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Proposed voter initiative opposed by cities fails to qualify for ballot
- Elizabeth Larson
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