HomeMy WebLinkAboutResolution 19-96 RESOLUTION NO. 19-96
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
SUPPORTING INTRODUCTION AND ADOPTION OF A
VALIDATING ACT IN RESPONSE TO SANTA CLARA COUNTY LOCAL
TRANSPORTATION AUTHOR/TY V. GUARD/NO
WHEREAS, The California Supreme Court recently issued a decision in the
case of Santa Clara County Local Transportation Authority v. Guardino, the effect of
which decision is to require voter approval for the imposition or increase of a general
tax as set forth in Proposition 62 (Government Code Section 53273); and
WHEREAS, The Guardino decision reverses prior court decisions which
previously found that voter-approval requirements of Proposition 62 were
unconstitutional; and
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 decision, is prohibited and/or, if retroactive refund of tax
collection is mandated, then the City of Atascadero 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 retrospective 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 City's general fund; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Atascadero, as follows:
1 . That Senator Jack O'Connell and Assemblyman Tom Bordonaro are
urged to actively support the passage of a validating act requiring that the Guardino
decision only be applied prospectively; and
2. That such validating act be adopted as soon as possible; and
3. That the City Clerk is directed to forward this resolution to Senator
O'Connell and Assemblyman Bordonaro at the earliest date possible after its adoption
and to distribute copies to the Board of Supervisors and the other cities within San
Luis Obispo County.
On motion by Councilmember Luna, seconded by Councilmember Johnson, the
foregoing resolution is hereby adopted on the following vote:
AYES: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland
NOES: None
ABSENT: None
ADOPTED: 03/12/96
Resolution No. 19-96
Page 2 of 2
CITY OF ATASCADERO:
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GEO E P. HI AND, Mayor
AT E
LEE E, City Clerk
APPROVED AS TO FORM:
AR ER R. M TAk*�--' Attc, City rney