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8D Consent 2007 0416
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8D Consent 2007 0416
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5/4/2007 12:38:04 PM
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4/12/2007 12:16:32 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/16/2007
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PERM
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_CC Agenda 2007 0416
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2007\Packet 2007 0416
PFA Reso 2007-002
(Reference)
Path:
\City Clerk\City Council\Resolutions\2007
Reso 2007-053
(Reference)
Path:
\City Clerk\City Council\Resolutions\2007
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<br />laws relating to the imposition of fees or charges as a condition of property development; <br />however it is not clear whether the initiative power is therefore unavailable to repeal or reduce <br />developer and mitigation fees imposed by the City. No developer fees imposed by the City are <br />pledged or expected to be used to pay the Lease Payments. <br /> <br />The interpretation and application of Proposition 218 will ultimately be determined by the <br />courts with respect to a number of the matters discussed above, and it is not possible at this <br />time to predict with certainty the outcome of such determination. <br /> <br />Proposition 62 <br /> <br />On November 4, 1986, California voters adopted Proposition 62, a statutory initiative <br />which amended the California Government Code by the addition of Sections 53720-53730. <br />Proposition 62 requires that (i) any local tax for general governmental purposes (a "general tax") <br />must be approved by a majority vote of the electorate; (ii) any local tax for specific purposes (a <br />"special tax") must be approved by a two-thirds vote of the electorate; (ili) any general tax must <br />be proposed for a vote by two-thirds of the legislative body; and (iv) proceeds of any tax <br />imposed in violation of the vote requirements must be deducted from the local agency's property <br />tax allocation. Provisions applying Proposition 62 retroactively from its effective date to 1985 <br />are unlikely to be of any continuing importance; certain other restrictions were already contained <br />in the Constitution. The requirements of Proposition 62 have generally been superseded by the <br />enactment of Article XIIIC of the Constitution (Proposition 218) in 1996. <br /> <br />Most of the provisions of Proposition 62 were affirmed by the 1995 California Supreme <br />Court decision in Santa Clara County Local Transportation Authority v. Guardino, which <br />invalidated a special sales tax for transportation purposes because fewer than two-thirds of the <br />voters voting on the measure had approved the tax. By its terms, Proposition 62 applies to <br />cities, but because the City does not receive any material amount of tax revenues from any tax <br />levied in contradiction to Proposition 62, the City has not experienced nor does it expect to <br />experience any substantive adverse financial impact as a result of the passage of this initiative <br />or the Santa Clara decision. <br /> <br />Future Initiatives <br /> <br />Article XIIIA, Article XII'B, Proposition 98, Proposition 111, Proposition 218 and <br />Proposition 62 were each adopted as measures that qualified for the ballot under the State's <br />initiative process. From time to time other initiative measures could be adopted, further <br />affecting the City's finances or the City's ability to raise or expend revenues. <br /> <br />State Budgets <br /> <br />The State of California is likely to continue to face significant budget issues for the <br />foreseeable future. In connection with its approval of former budgets, th'e State Legislature <br />enacted legislation that has a direct impact on the financial situation of cities and counties in the <br />State. <br /> <br />The Budget Process. Through the State budget process, the State can enact legislation <br />that significantly impacts the source, amount and timing of the receipt of revenues by local <br />agencies, including the City. As in recent year~, State budget deficits can result in legislation <br />that adversely impacts local agency budgets. <br /> <br />-33- <br />
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