HomeMy WebLinkAboutReso 96-047 - Supporting the Intro & adoption of Senate Bill 1590, a Validating Act in Response to Santa Clark County local Transport Authority v Guardino rt . � �
RESOLUTION NO. 9�-y�
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING SUPPORTING THE INTRODUCTION AND
ADOPTION OF SENATE BILL 1590, 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 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
Redding 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;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding as
follows:
1. That the City of Redding supports Senate Bill 1590;
2. That Assemblyman Tom Woods and Senator K. Maurice Johannessen are urged to �
actively support the passage of a Senate Bill 1590 requiring that the Guardino
de�ision only be applied prospectively; �
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3. That Senate Bill 1590 be adopted as soon as possible; and ;�
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4. That the City Clerk is directed to forward this resolution to Assemblyman Tom
Woods, Senator K. Maurice Johannessen, and Senator Jack O'Connell at the earliest
date possible after its adoption.
I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at
a regular meeting of the City Council on the Sth day of March 1996, by the following vote:
AYES: CUUNCIL M�;MBERS: P. Anderson, R. Anderson, McGeorge, Murray and Kehoe
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER5: None
ABSTAIN: COUNCIL MEMBERS: None
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DAVID A. HOE, Mayor
ATTEST: FORM APPROVED:
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C01�1IVIE STROHMAYE � W. LEONARD WI ATE
City Clerk City Attorney
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