HomeMy WebLinkAboutReso - CC - 011-19961
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
JEROME F. COLEMAN
CITY RTORNET
CITY OF BURLINGAME
001 PRIMROSE ROAD
BURIJNGAME. GLIB 94010
RESOLUTION NO. 11 -96
SUPPORTING ADOPTION OF SB1590 (O'CONNELL)
RESOLVED by the City Council of the City of Burlingame, California, and
this Council does hereby FIND, ORDER and DETERMINE as follows:
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 Burlingame and a large number
of other local governments will experience severe financial crises, necessitating
reductions in vital public services and reduced credit -worthiness of local govern-
ments; 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 severely reducing services provided through
the City's general fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Burlingame supports adoption of SB1590 which requires that the Guardino
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
JEROME F. COLEMAN
CITY ATTORNEY
CITY OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME, CALIF. 94010
decision only be applied prospectively.
NN A i 1/ (rn f 4
Mayor
I, Judith A. Malfatti, City Clerk of the City of Burlingame, do hereby
certify that the foregoing Resolution was introduced at a regular meeting of the
City Council held on the 4th day of MARCH 1996, and was adopted
thereafter by the following vote:
AYES: COUNCILMEMBERS: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
City Clerk