CULVER CITY : Mayor Proposes Putting New Taxes to a Vote

Taxation without representation is the latest battle cry of Culver City Mayor Albert Vera, who is proposing that all new city levies be put on the ballot for voter approval.

The proposal is expected to come up for discussion during Monday night’s City Council meeting.

Under Vera’s plan, all new taxes and assessments levied in Culver City and any increases to levies that currently exist would need initial approval from the City Council. If approved, the measures would be placed on the ballot in the next regular election.

“I haven’t heard of any proposal where cities have said they want blanket restrictions on themselves that give voters the right to provide permission for taxing,” said Steve Kroes, senior research analyst for the California Taxpayers Assn.

There is some question about the legality of a local government putting tax measures on its ballots. In a precedent-setting case in 1991, the 5th District of the California Court of Appeal ruled that a utility tax that had been approved by the Woodlake City Council and then collected by Tulare County could not subsequently be put on the city’s ballot for a vote.

Because the tax already had been enacted by the council, having taxpayers to vote on it after the fact constituted a referendum, the court decided.

“Our state Constitution prevents the power of referendum from being applied to (local) taxes or in order to reverse tax decisions,” Kroes said.

The outcome of other similar cases does not bode well for Vera’s effort, said Jonathan Coupal, legislative director for the Howard Jarvis Taxpayers Assn.

“I would say there has been a trend against what Culver City is doing,” Coupal said.

Vera says he remains unconvinced that his plan would be vulnerable to legal challenge. Said the mayor: “They’d have to show me.”

Vera says his proposal is aimed at preventing the city from creating new taxes or assessment districts every time it needs more revenue. By requiring a public vote on all new and increased levies, Vera says, the city will be forced to first consider cutting costs. Some, however, fear that the city will wind up having to cut vital city services.

“If the public says they don’t want to pay, we may have to dip into public safety funds,” said Mark Ambrozich, the city’s accountant.