HomeMy WebLinkAbout23- City Attorney C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: February 3, 1994
RE: Resolution Demonstrating Commitment to Fund
and Support Public Safety
The proposed resolution commits the City to provide all of the
proceeds of Proposition 172; to the Police and Fire Departments and
pledges to not use such funds to supplant other funding but only
for increased levels of service.
Proposition 172 was approved by the voters on November 2, 1993, and
provides that the funds will be deposited in a local public safety
fund to be distributed to counties when either requested by the
Board of Supervisors or when approved by majority vote of the
county' s voters. The Constitutional provision states:
"Moneys in the local public safety fund shall be
allocated for use exclusively for public safety services
of local agencies. " (California Constitution Article
XIII, Section 35(d) ( 2 )
"Public Safety Services" is not defined in the proposition and we
have found no definition in the statutes. The analysis by the
Legislative Analyst states that the money will "be used only for
local public safety activities, which include police and sheriffs '
departments, fire protection, county district attorneys, county
probation, and county jail operations. " The argument in favor of
the proposition states:
"PROPOSITION 172 IS AN IRONCLAD GUARANTEE STATEWIDE THAT
THIS MONEY, ESTIMATED AT APPROXIMATELY 1.4 BILLION
DOLLARS A YEARS, WILL GO WHERE IT IS NEEDED MOST:
• Keeping police officers and deputy sheriffs on
the streets fighting crime.
• Fighting gangs, drugs and drug-related crime.
• Guaranteeing funds for fire protection.
JFP/js [Safety.Mem]
Memo to Mayor and Common Council
February 3, 1994
Page 2
• Funding anti-crime education programs, teaching
our citizens how to help law enforcement
protect our neighborhoods. "
JAMES F. PENMAN
JFP/js (Safety.Mem]
CITY OF SAN BERM - RDINO - REQUEST r -)R COUNCIL ACTION
From: Councilman David Oberhelman, Subject: Public Safety Support Resolution
Fourth Ward
I t: Council Office
Date: February 2, 1994
Synopsis of Previous Council action:
None .
Recommended motion:
To adopt resolution
nature
Contact person: Phil Arvizo Phone: 5208
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
C^uncil Notes:
75-0262 Agenda Item No.
1 RESOLUTION NO
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO DEMONSTRATING MAYOR AND
4 COMMON COUNCIL COMMITMENT TO FUND AND SUPPORT PUBLIC SAFETY
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 WHEREAS, the voters of San Bernardino, San Bernardino County and the State of
8 California have adopted Proposition 172, and its amendments to the Constitution of the State of
9 California; and
10
11 WHEREAS, this measure indicated that "the protection of public safety is the first
12 responsibility of local government and local officials have an obligation to give priority to the
13 Provision of adequate public safety services"; and
14 WHEREAS, the funds collected from this extension of the existing sales tax are to be
15 transferred into the Local Public Safety Fund for use exclusively for public safety services in
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local agencies in California, including the City of San Bernardino; and
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18 WHEREAS, the voters were told that passage of Proposition 172 would forestall drastic
19 cuts in basic law enforcement services such as police, fire fighters, district attorney prosecutors,
20 deputy sheriffs, jails and courts.
21 NOW, THEREFORE, BE IT RESOLVED, that given this mandate from the voters, as
22 now to be incorporated into the Constitution of the State of California, the City of San
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Bernardino will henceforth make adequate funding of public safety services its top priority; and
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BE IT FURTHER RESOLVED, that the City of San Bernardino intends to abide by the
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26 will of the voters to fully fund public safety services, beginning with all revenues derived from
27 Proposition 172; and
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1 BE IT FURTHER RESOLVED, that to keep faith with the mandate of the voters, none
2 of these funds received pursuant to the adoption of Proposition 172 for public safety services will
3
4 be utilized for any other purpose or for any other City Department; and
5 BE IT FURTHER RESOLVED, that the City of San Bernardino will annually present
6 a specific and separate report to the public, detailing the revenues received pursuant to the
7 adoption of Proposition 172, the uses of the revenue and any balances remaining; and
8 BE IT FURTHER RESOLVED, that to keep faith with the voters, the City of San
9 Bernardino ensures these funds will be utilized to supplement the General Fund support of public
10
safety afforded those two departments as of October 1, 1993 and that maintenance of effort for
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12 these services will be pursued with Proposition 172 funds thereby precluding supplantation or
13 diversion to other San Bernardino City Departments or programs.
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RESOLUTION DEMONSTRATING MAYOR AND COMMON COUNCIL COMMITMENT
2 TO FUND AND SUPPORT PUBLIC SAFETY.
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a meeting thereof held on the
5 day of 195 by the following vote, to-wit:
6
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7
NEGRETE
8
9 CURLIN
10 HERNANDEZ
11 OBERHELMAN
12 DEVLIN
13
POPE-LUDLAM
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MILLER
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City Clerk
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19. The foregoing resolution is hereby approved this day of , 19
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21
TOM MINOR, Mayor
22 City of San Bernardino
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24 Approved as to form
and legal content:
25
26 JAMES F. PENMAN,
City Attorney
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By: ,
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