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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: /57 GEO E P. HI AND, Mayor AT E LEE E, City Clerk APPROVED AS TO FORM: AR ER R. M TAk*�--' Attc, City rney