HomeMy WebLinkAbout1983-305
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RESOLUTION NO. 83-305
2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING ASSEMBLY
CONSTITUTIONAL AMENDMENT 35 TO PROVIDE THAT STATE MANDATED LOCAL
3 PROGRAMS ARE VOLUNTARY UNLESS SUFFICIENT FUNDS ARE APPROPRIATED TO
COVER INCREASED COSTS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find:
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A. Article XIIIB of the Constitution of California provides
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that whenever the Legislature or any state agency mandates a new
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program or higher level of service on any local government, the
Istate shall provide a subvention of funds to reimburse such local
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government for the costs of such program or increased level of
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service, except under limited circumstances.
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B. Despite this constitutional requirement, the Legislature
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has, because of the budgetary situation of the State of
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California, frequently been unable or unwilling to provide funding
Ifor newly mandated programs, and instead has provided that the
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local agency may impose fees or charges, to offset the additional
Icosts.
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C. In addition, the Legislature, prior to adoption of
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Article XIIIB, provided, through legislation, as in Revenue and
ITaxation Code Sections 2207 and 2231, that the state would
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22 reimburse counties and cities for increased costs which are
23 incurred as a result of state enactments after January 1, 1973,
24 and has established a method for filing claims and determination
25 of such reimbursements due, but after compliance with the claims
26 procedure specified therein, the Legislature on occasion has
27 failed to appropriate the funds for such reimbursement which have
28 been certified by the State Board of Control for payment under the
1 provisions of the Revenue and Taxation Code.
2 i D. Local agencies of government are without any means to
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3 compel the state to make such payments, even though they are
4 constitutionally mandated, and even though such payments have been
5 promised by the state through enactment of Revenue and Taxation
6 Code Sections 2207 and 2231.
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E. Assembly Constitutional Amendment 35 presently pending in
Ithe State Legislature would provide that, where the Legislature
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fails to appropriate sufficient funds to cover increased costs of
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mandated local programs, implementation of such state mandated
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local programs by a local agency will become voluntary.
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SECTION 2.
Implementation.
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A. The Mayor and Common Council hereby support enactment of
14 Assembly Constitutional Amenument 35, and urge Assemblyman Terry
15 Goggin and Senator Ruben Ayala, and all other members of the
16 California Legislature, to support placement upon the ballot of
Assembly Constitutional Amendment 35, to ensure that when state
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mandated local programs are not adequately funded by the State
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Legislature, the implementation of such programs at the local
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level shall be voluntary with each local agency.
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B.
The City Clerk is authorized and directed to send a copy
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of this resolution to Assemblyman William Leonard, Assemblyman
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Charles W. Bader, Assemblyman Terry Goggin, State Senator Ruben
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Ayala, the League of California Cities, and other interested perso s.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held
regular
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on the
6th day of
, 1983, by the following
September
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1 ote, to wit:
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AYES:
Council Members Reilly, Marks, Quiel,
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Frazier, Strickler
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NAYS:
None
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ABSENT:
Councilmen Castaneda, Hernandez
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. AYf1:1/?/f:4 /' -a;;);I!/
/ City Clerk
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The foregoing resolution is hereby
day
9 of
September
I 1983.
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12 Approved as to form:
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