Apply This CA Jury Instruction To Mayor/Councilmembers Who Claim Blank Check Measure M Isn't A Tax

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(June 4, 2018) -- CA juries are routinely instructed that if they think a witnesses didn't tell the truth about some things but told the truth about others, they may accept the part they think is true and ignore the rest. But, "if you decide that a witness did not tell the truth about something important, you may choose not to believe anything that witness said."

LBREPORT.com recommends that LB voters apply that rule to Mayor Robert Garcia and any Council incumbents who claimed the Measure M blank check utility revenue transfer/diversion isn't a tax. Here's evidence of what Measure M is in the words of the Council resolution that every LB Councilmember voted to approve with the Mayor presiding:

Text source: City Council voted Resolution No. RES-18-002S (red font added by us for clarity, full text here)
...WHEREAS, some have alleged that under California Propositions 218 and 26 (California Constitution, Article XIIIC, Section 1(e) and Article XIIID, Section 6), these revenue transfers from City utility accounts to the General Fund are general taxes requiring voter approval; and...
WHEREAS, Proposition 218 (California Constitution, Article XIIIC, Section 2) likewise requires that all general taxes which are imposed, extended or increased be approved by a majority of City voters voting at an election called for that purpose; and
WHEREAS, pursuant to Proposition 218 any general tax measure submitted to the voters must be held concurrently with a regularly scheduled general election for members of the City Council;
...NOW, THEREFORE, the City Council of the City of Long Beach resolves as 28 follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Resolution...

In addition, the City of Long Beach has failed to display the actual text of Measure M -- on which voters will be voting -- in what should be obvious locations. The City didn't include Measure M's text (a) on the City's Measure M "information" webpage; or (b) on LB taxpayer-paid and mailed "informational" fliers: or (c) in City Hall social network messages or (d) [very significant] in the official voter pamphlet sent to all LB registered voters. (Tip: it's buried as an internal attachment to agenda attachments at three irregularly scheduled meetings of the "Joint Meeting of the Council's Charter Amendment Committee and City Council.")

What do you suppose LB City officials didn't want LB voters to see? Perhaps it's the "blank check" enabling text visible at this link on pdf pages 8-9, section 1407 (7), which states "All proceeds from transfers authorized by subsection (5) above can be spent for unrestricted general revenue purposes," and section 1501 (f), which states: "All proceeds from transfers authorized by subsection (d) above can be spent for unrestricted general revenue purposes."

In June 2016, LB's Mayor/Council put the Measure A General Fund/blank check sales tax increase on the ballot that has left LB with the highest sales tax rate in CA (tied with only a few other cities.) Two years later, LB's Mayor/Council want voters to approve the Measure M blank check utility revenue transfer/diversion that they say will "maintain" -- translation: not fix -- LB's lack of nearly 200 citywide deployable budgeted police officers and three fire engines that LB taxpayers previously had but LB's curremt Mayor/Council haven't restored despite a $40 million annual cash infusion from Measure A. To date, the Council has restored 17 citywide deployable police officers, 1 Belmont Shore fire engine, 1 NLB paramedic rescue ambulance, and scheduled multiple street/sidewalk/infrastructure projects...but it did free-up other General Fund revenue that the Council spent on generous pay raises for multiple city employee groups including $100,000 and $200,000 city management.

The verdict is for LB voters...and we remind our readers that the CA jury instruction says "if you decide that a witness did not tell the truth about something important, you may choose not to believe anything that witness said."

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