HomeMy WebLinkAboutCC RESO 96-27RESOLUTION NO. 9 6 - 2 7
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
SUPPORTING INTRODUCTION AND ADOPTION OF A
VALIDATING ACT IN RESPONSE TO
SANTA CLARA COUNTY LOCAL TRANSPORTATION
AUTHORITY V. GUARDINO
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 unconstitution-
al; 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 a large number of 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 cities' general funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City as follows:
1. That Senator Steve Peace and Assemblywoman Denise Ducheny 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
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Resolution No. 9 6 - 2 7
Page 2 of 2
3. That the City Clerk is directed to forward this resolution to Senator
Peace and Assemblywoman Ducheny at the earliest date possible after its adoption and
to distribute copies to the Board of Supervisors and the other cities within the county.
PASSED and ADOPTED this 5th day of March, 1996.
O f� 7
George H. °Waters, Mayor
ATTEST:
Lori Anne Peoples, City 1erk
APPROVED AS TO FORM:
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George H. Eiser, III
City Attorney