HomeMy Public PortalAbout2008.172 (10-21-08)RESOLUTION NO. 2008.172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD IN SUPPORT OF MEASURE II
(RATIFICATION AND REDUCTION OF LYNWOOD
UTILITY USERS TAX)
WHEREAS, in 1990, the City of Lynwood enacted Ordinance No. 1352 to
create a ten percent (10%) tax on certain utilities for the purpose of raising general fund
revenue to provide basic City services for residents, including but not limited to, law
enforcement, fire protection, graffiti removal, sidewalk and street repair, and
maintenance of public parks; and
WHEREAS, on July 15, 2008, the City Council of the City of Lynwood,
unanimously called a special election to occur on November 4, 2008, so that the voters
of Lynwood may decide whether to ratify the utility users tax ("UUT") adopted in 1990 at
a reduced rate of nine percent (9%); and
WHEREAS, the ballot measure approved by the City Council to ratify and
reduce the UUT has been duly qualified and has been designated by the Los Angeles
County Registrar's Office as Measure II; and
WHEREAS, if approved by the voters of the City of Lynwood, Measure II
would help preserve approximately $6 million dollars of general fund revenue, which is
used to help pay for critical law enforcement and fire protection services, costing on an
annual basis approximately $8 million and $5 million, respectively; and
WHEREAS, the City Council of the City of Lynwood now desires to
express its support for Measure II and it is lawful for the City Council to take a position
on a ballot measure where such position is in accordance with League of Women
Voters of California v. Countywide Criminal Justice Coordination Committee (1088) 203
Cal.App.3d 529, since the position is taken in the regular course of a city council
meeting which is open and accessible to the public and where no public funds are used
to advocate in favor or against the measure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
F-^
~ Section 1. The City Council of the City of Lynwood hereby expresses its
support of and endorsement for Measure II, on the ballot at the November 4, 2008,
statewide election.
Section 2. The City Council is taking this position within its discretion at a
regular City Council meeting which is open and accessible to the public and after
hearing from any person whish to address the Council, and where no public funds are
used to advocate in favor or against the measure, in accordance with League of Women
Voters of California v. Countywide Criminal Justice Coordination Committee (1088) 203
Cal.App.3d 529. In League of Women Voters of California v. Countywide Criminal
Justice Coordination Committee, the Court expressly held the County Board of
Supervisors for Los Angeles County did not engage in any impermissible campaign
activity when it supported a proposed ballot measure, stating as follows:
"We adopt the view that the simple decision, made in the regular course of
aboard of supervisors meeting which is open to the public and thus the
expression of citizens' views, to go on record with such an endorsement in
no event entails an improper expenditure of public funds. While it may be
construed as the advocacy of but a single viewpoint, there is no genuine
effort to persuade the electorate such as that evinced in the activities of
disseminating literature, purchasing advertisements or utilizing public
employees for campaigning during normal working hours. By the same
reasoning, the use of a regularly scheduled board of supervisors meeting
to make such an endorsement would not involve reportable campaign
expenditures."
PASSED, APPROVED, AND ADOPTED this 22 day of October, 2008,
Mayor Maria Teresa Santillan
ATTEST:
,--
Maria Quinonez, City Clerk ,%'~
APPRO ED AS TO FORM:
' ~ n
-~ ~~~~
City Attorney, Fred Galante
APPROVED AS TO CONTENT:
Roger L. Ha ,City Manager
..I
i
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and ado~ted by the City Council of the City of
~ Lynwood at a regular meeting held on the 215 day of October, 2008.
AYES: COUNCIL MEMBERS, CASTRO, FLORES, MORTON, RODRIGUEZ,
AND SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
i ~
~'1~f~.~ ~~~~
Maria Quinonez, City Clerk
~"
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2008.172 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 215` day of October,
2008
~(/.~ ~~. ,u~~
Maria Quinonez, City Clerk
~°