Resolution 14500CITY OF ALAMEDA RESOLUTION NO.1 4 5 0 0
OPPOSING PROPOSITION 26, A PROPOSED
CONSTITUTIONAL AMENDMENT RELATED TO STATE
AND LOCAL FEES AND CHARGES
WHEREAS, Proposition 26, has been sponsored by the California
Chamber of Commerce and the California Taxpayers' Association; and
WHEREAS, Proposition 26 would re- categorize a host of state and local
fees as taxes, imposing supermajority approval requirements for what are now
regulatory and impact fees that can be adopted by simple majorities of the State
Legislature, city councils, and boards of supervisors; and
WHEREAS, Proposition 26 would broaden the definition of a State or
local tax to include many payments currently considered to be fees or charges,
and as a result, the measure would have the effect of increasing the number of
revenue proposals subject to the higher approval requirements; and
WHEREAS, the regulatory fees that could be considered taxes, in part,
or in whole if Proposition 26 passes include the oil recycling fee, the hazardous
material fee, and locally imposed fees on alcohol retailers; and
WHEREAS, most other fees or charges in existence at the time of the
November 2, 2010, election would not be affected unless the state or local
government later increases or extends the fees or charges; and
WHEREAS, both the Legislative Analyst's Office and the State
Department of Finance conclude that the measure would potentially cause a
major decrease in State and local revenues and spending, depending upon
future actions of the Legislature, local governing bodies, and local voters; and
WHEREAS, the League of California Cities opposes Proposition 26 and
has concluded that if approved, local agencies are likely to incur legal costs
because "the true interpretation of how it will apply will likely take years of
litigation ".
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Alameda opposes Proposition 26, a proposed constitutional amendment
related to state and local fees and charges.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 19th day of October, 2010, by the following vote to
wit:
AYES: Councilmembers deHaan, Matarrese
and Mayor Johnson - 3.
NOES: None.
ABSENT: Councilmembers Gilmore and Tam - 2.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 20th day of October, 2010.
Lara Weisiger, City Cerk
City of Alameda