HomeMy WebLinkAboutJoint Resolution 03-96 RESOLUTION NO. 03-96
A RESOLUTION OF THE CITY COUNCILS OF THE CITIES
OF SAN LUIS OBISPO COUNTY SUPPORTING ADOPTION
OF A VALIDATING ACTIN RESPONSE TO SANTA CLARA
COUNTY LOCAL TRANSPORTATION AUTHORITY VS.
GUARDING
WHEREAS, the California Supreme Court recently issued a decision in the case of Santa
Clara Local Transportation Authority vs Guarding, the effect of which decision is to require
voter approval for the imposition. or increase of a special or general tax as set forth in
Proposition 62 (Government Code Section 53273); and
WHEREAS, the Guardino decision reverses prior court decisions that previously found the
voter-approval requirements of Proposition 62 for a general tax were unconstitutional; and !!
i
WHEREAS, if the collection of new taxes or tax increases adopted by elected boards,
subsequent to the effective date of Proposition 62 and prior to the effective date of the Guardino
q P
decision, is prohibited and/or, if the retroactive refund of tax collections is mandated, then the
Cities of San Luis Obispo County and a large number of other local governments will
experience severe financial crises, necessitating major reductions in public safety and other vital
public services; negating contractual commitments; and, quite possibly, leading to default on
credit obligations or, at the very least, substantially reducing the credit-worthiness of local
governments; and
WHEREAS, extensive costs, fiscal uncertainty, and a major threat to public services are
certain to arise from retroactive application of the Guardino decision and from the confusion that
will result if clear and timely policy direction is not forthcoming from the State in the aftermath
of the announcement of the Guardino decision, thereby decimating services provided through
the Cities' General Funds; and
WHEREAS, a bill has been introduced in the California State Senate, SB 1590
I
(O'Connell), which would provide for the prospective application of Proposition 62, so that it
does not apply to taxes instituted without voter approval between the date of adoption of
Proposition 62 and the date it was validated by the California Supreme Court, December 14,
1995.
NOW, THEREFORE, BE IT RESOLVED by the City Councils of the Cities of San Luis
Obispo County as follows:
1. That the California State Senate and Assembly are urged to actively support the
passage of SB 1590 or any similar legislation requiring that the Guardino decision be
applied prospectively; and
2. That the passage of SB 1590 or similar legislation be adopted as soon as possible;and
f
J
RESOLUTION NO. 103-96
PAGE 3
MAYOR OF SAN LUIS OBISPO
ATTEST:
c c Rx
1. Aa.lA'
.
MAY6R O MORR
ATTEST:
CITY CL
MAYOR OF PASO ROBLES
ATTEST: (Not participating)
CITY CLERK
M YOR bF ATA DERO
ATTEST'.-
CITY
TTEST:CITY CLERK
I
RESOLUTION NO. J03-96
PAGE 2
3. That the City Clerk is directed to forward this Resolution to State Senator Jack
O'Connell and State Assembly Member Tom Bordonaro at the earliest date possible
after its adoption and to distribute copies to the Board of Supervisors.
PASSED,APPROVED,AND ADOPTED this 25th day of April , 1996.
Ei
I
{
i
d
MAYOR OF ARROYO G DE
ATTEST:
CITY CLgkK
l
MAYOR OF GROVER BEACH
ATTEST:
CITY CLERK
MAYOR OF PISMO BEACH
(Not participating)
ATTEST:
CITY CLERK