HomeMy WebLinkAbout1996 021 CC RESO1996 021 CC RESO (Ìì ³ RESOLUTION NO.96-21
A RESOLUTION OF ThE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, 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 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, 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 the City's general fund.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby resolve as follows:
1. That Senator Hilda Solis and Assemblyman Martin Gallegos 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 Solis and Assemblyman
Gallegos at the earliest date possible after its adoption and to distribute copies to the Board of Supervisors
and the other cities within the County.
APPROVED AND ADOPTED this 3rd day of April, 1996
MAYOR Z
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1996 021 CC RESO (Ìì ³ Resolution No.96-21
Page 2
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City' Clerk of the City of Baldwin Park do hereby certify that the foregoing
resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park
at its regular meeting of the City Council on April 3,1996, by the following vote:
AYES MUSE, MARTINEZ, LOWES, LOZANO, AND, MAYOR VARGAS
NOES NONE
ABSENT NONE
ABSTAIN NONE
BIB]
37650-U01
1996-U02
021-U02
CC-U02
RESO-U02
LI3-U03
FO1126-U03
FO1166-U03
DO1249-U03
C6-U03
RESO-U03
10/10/2001-U04
ADMIN-U04
RESO-U05
96-21-U05
APR-U05
3-U05
1996-U05