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WHEREAS, the City of Union City filed a petition to the California Supreme Court seeking review of the Court of Appeal decision based on the conflicts in decisions on this important legal question within the various appellate districts; and WHEREAS, on August 13, 2008, the California Supreme Court denied the City of Union City's petition for review in Bay Area Cellular Co. v. City of Union City (S 164219); and, as a result, the trial court will enter judgment upholding the decision that Union City's 911 Fee is, in fact, a special tax requiring voter approval under Article XIII C & D of the California Constitution and finding that the fee is unconstitutional; and WHEREAS, the City of San Leandro is within the jurisdiction of the 1St District Court of Appeal and must comply with the decision of that judicial district and, therefore, is bound by the Union City decision requiring it to discontinue collection of the 911 Fee until and unless it is approved by a 2/3 vote of the electorate, as a special tax; and WHEREAS, the San Leandro City Council has taken action to put a special tax ballot measure before the voters at the November 4, 2008 municipal election to enact an Emergency Communication System Access Tax in accord with the Union City decision. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: 1. That the City of San Leandro will immediately discontinue collection of the Emergency Communication System Access Fee as set forth in Title 2 Chapter 16 of the San Leandro Municipal Code and in compliance with the Court's decision in Bay Area Cellular Co. v. City of Union City. 2. That the City Manager is authorized and directed to take all necessary actions to inform telephone service providers and any and all appropriate collection agents to immediately cease and discontinue collection of the Emergency Communication System Access Fee on behalf of the City of San Leandro. 3. That the City Manager is authorized and directed to take all appropriate actions to promptly process and facilitate individual refunds filed by fee payers in accordance with the refund procedures set forth in Section 2-16-260 of the Municipal Code. 1139619-1 RESOLUTION NO. 2008-111 2