Resolution Number 84-9-4-2RESOLUTION NO. 84-9-4-2 31
OPPOSING PROPOSITION 36 (JARVIS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, OPPOSING
PROPOSITION 36 (JARVIS TAX INITIATIVE)
WHEREAS, Proposition 36, the new Jarvis initiative,
appears on California's November ballot; and,
WHEREAS, Proposition 36 has been opposed by groups like
the California Taxpayer's Association because it is "unfair,
unworkable, and counterproductive to good government;" and,
WHEREAS, Proposition 36 if enacted by the electorate
would promote an increased dependency on Sacramento by local
government and a loss of local control by requiring the approval
of not less than two-thirds of the members of both houses of the
State Legislature in order to change any tax enacted by the
Legislature which is levied upon any taxpayer including the
imposition of a new tax, the increase in the rate of a tax, a
change in the computation of a tax or a change in the taxpayers
subject to such tax; and,
WHEREAS, Proposition 36 if enacted would also severely
limit the authority of the voting public to assess themselves for
additional or increased public services even when the voters are
desirous of having and are willing to pay for such services by:
1. Eliminating the authority of local voters to
increase their own property tax to provide
additional or increased services such as expanded
paramedic service or increased police service;
and,
2. Prohibiting the formation of assessment districts
not only by the local City Council, but also by
the voters of a community for such specialized
benefit assessments as park and landscape
maintenance, maintenance of streets, flood control
facilities, mosquito abatement, or specialized
fire, police or paramedic services; and,
WHEREAS, other significant impacts of Proposition 36
would necessitate the revamping of the City's current fee
structure in that Proposition 36 prohibits any portion of fees
collected to be spent for public employee retirement costs, and
also provides that only direct costs of services be included in
fees which eliminates such portions of the fees as overhead
costs, depreciation, and facilities upkeep; and,
WHEREAS, another significant impact on fees is that
fees can only be increased in an amount equal to the Consumer
Price Index without approval of a majority of two-thirds of the
electorate, irrespective of the actual cost of providing the
service; and,
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WHEREAS, by
limiting the
fees for
local services it has
the effect of negating
the user -pay
system,
and places an unfair
burden on the general
taxpayer who
now must
subsidize the special
user programs, such as
development
services,
building permits,
recreation classes, etc.,
from the
General Fund of the City; and,
WHEREAS, all the above-mentioned effects will force
local governments to become more dependent on State revenues and _
will force the loss of local control and accountability.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of San Juan Capistrano, after careful and detailed
study of the affects of the Proposition, hereby opposes
Proposition 36 and recommends a NO vote on the Proposition in
November, urging all voters to consciously weigh the severe
negative impacts of the Proposition against the superficial
positive promises of Proposition 36.
PASSED, APPROVED AND ADOPTED this 4th day of
Sepfemh r 1 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
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ATTEST:
CITY CLE7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 84-9-4-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 4th day of
September 1984 .
(SEAL) f D/
MARY ANN 7NOVER, CITY CLERK
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33.
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING,
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 6th day of September , 1984 ,
she caused to be posted:
RESOLUTION NO. 84-9-4-2
being: OPPOSING PROPOSITION 36 (JARVIS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, OPPOSING
PROPOSITION 36 (JARVIS TAX INITIATIVE)
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
MARY ANNR, CITY CLERK
San Juan apistrano, California
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