HomeMy WebLinkAboutRES NO 216-14RESOLUTION NO. 216- 1 4
A RESOLUTION AUTHORIZING THE CITY OF BAKERSFIELD
TO CONTRIBUTE $2,500 TOWARD THE LEAGUE OF
CALIFORNIA CITIES' LAWSUIT TO INVALIDATE
CALIFORNIA STATE SENATE BILL NO. 7 (SB 7).
WHEREAS, the State of California has passed legislation, commonly
referred to as "SB 7," that severely limits the Constitutional rights of Charter Cities
to govern their own affairs; and
WHEREAS, the legislation requires that Charter Cities repeal certain laws
regarding the manner in which they contract for public works using purely local
funds; and
WHEREAS, this legislation places limitations on the manner in which Charter
Cities establish contractual relationships with private contractors to build facilities
for the benefit of their communities in a manner that will require these Charter
Cities to pay more money from local tax dollars to meet state policy goals that
are not legally considered matters of statewide concern; and
WHEREAS, where Charter Cities do not impose State policies on purely
local construction projects funded solely with city funds, this legislation limits
those Charter Cities from being eligible to receive certain state funding that is
otherwise available to all other California Cities; and
WHEREAS, certain Charter Cities in California have filed litigation to
challenge the constitutionality of this legislation in State court; and
WHEREAS, the trial court has recently issued a determination in the
litigation adverse to the plaintiff Charter Cities, and such Charter Cities have
authorized appeal of the adverse ruling; and
WHEREAS, pursuit of such appeal of the adverse ruling through the Court
of Appeal will require additional funding, and the City Council has determined
that its interests are served in participating in such appeal efforts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
1. The above recitals are true and correct and are incorporated
herein by reference.
2. The City of Bakersfield is authorized to contribute $2,500 to the
League of California Cities to fund the lawsuit by Charter Cities to
invalidate SB 7.
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ORIGINAL.
HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
DEC 10 2014 , by the following vote:
Y COUNCIL MEMBER MAXWELL, WEIR SMITH, NI, SULLI AN, PARL EI R
COUNCIL MEMBER _PJVQXO�
ABSTAIN: COUNCIL MEMBER _,,
,ABSENI" COUNCIL MEMBER
ROBERTA GAFFORD, 4bAC
CITY CLERK and Ex Officio Clerk of
DEC 10 2014 the Council of the City of Bakersfield
APPROVED
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
JOSHUA H. RUDNICK
Deputy City Attorney
JHR:dII
SAC0UNCIL \Resos \13 -14 \Invalidate SB 7.Docx
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