CC - 2009-32 - Gas Tax FundsRESOLUTION: 2009-32
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO COOPERATE
WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER CITIES AND
COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF
ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET
MAINTENANCE FUNDS
WHEREAS, the current economic crisis has placed cities under incredible
financial pressure and caused them to make painful budget cuts, including layoffs and
furloughs of city workers, decreasing maintenance and operations of public facilities,
and reductions in direct services to keep spending in line with declining revenues; and
WHEREAS, since the early 1990s the state government of California has seized
over $10 billion of city property tax revenues statewide, now amounting to over $900
million each year, to fund the state budget even after deducting public safety program
payments to cities by the state; and
WHEREAS, in his proposed FY 2009-10 budget the Governor has proposed
transferring $1 billion of local gas taxes and weight fees to the state general fund to
balance the state budget, and over $700 million in local gas taxes permanently in future
years, immediately jeopardizing the ability of the City to maintain the City's streets,
bridges, traffic signals, streetlights, sidewalks and related traffic safety facilities for the
use of the motoring public; and
WHEREAS, the loss of almost all of the City's gas tax funds will seriously
compromise the City's ability to perform critical traffic safety related street maintenance,
including, but not limited to, drastically curtailing patching, resurfacing, street
lighting/traffic signal maintenance, payment of electricity costs for street lights and
signals, bridge maintenance and repair, sidewalk and curb ramp maintenance and
repair, and more; and
WHEREAS, some cities report to the League of California Cities that they will be
forced to eliminate part or all of their street maintenance operations while others will be
forced to cut back in other areas (including public safety staffing levels) to use city
general funds for basic street repair and maintenance. Furthermore, cities expect that
liability damage awards will mount as basic maintenance is ignored and traffic
accidents, injuries and deaths increase; and
WHEREAS, in both Proposition 5 in 1974 and Proposition 2 in 1998 the voters of
our state overwhelmingly imposed restriction on the state's ability to do what the
Governor has proposed, and any effort to permanently divert the local share of the gas
tax would violate the state constitution and the will of the voters; and
WHEREAS, cities and counties maintain 81 % of the state road network while the
state directly maintains just 8%; and
WHEREAS, ongoing street maintenance is a significant public safety concern. A
city's failure to maintain its street pavement (potholes filling, sealing, overlays, etc.),
traffic signals, signs, and street lights has a direct correlation to traffic accidents, injuries
and deaths; and
WHEREAS, according to a recent statewide needs assessmenta on a scale of
zero (failed) to 100 (excellent), the statewide average pavement condition index (PCI) iE
68, or "at risk." Local streets and roads will fall to "poor" condition (Score of 48) by 2033
based on existing funding levels available to cities and counties..
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD .
HEREBY RESOLVES AS FOLLOWS:
Directs the City Attorney to take all necessary steps to cooperate with the
League of California Cities, other cities and counties in supporting litigation against the
state of California if the legislature enacts and the governor signs into law legislation
that unconstitutionally diverts the City's share of funding from the Highway Users Tax
Account (HUTA), also known as the "gas tax," to fund the state general fund; and
RESOLVED FURTHER, that the city manager or clerk shall send this resolution
with an accompanying letter from the mayor to the Governor and each legislator,
informing them in the clearest of terms of the City's adamant resolve to oppose any,
effort to frustrate the will of the electorate as expressed in Proposition 5 (1974) and
Proposition 8 (1998) concerning the proper use and allocation of the gas tax; and
RESOLVED FURTHER, that a copy of this Resolution shall be sent by the city
manager or clerk to the League of California Cities, the local chamber of commerce,
and other community groups whose members are affected by this proposal to create
unsafe conditions on the streets of our City for pedestrians, bicyclists and motorists.
Signatures on next page
a California Statewide Local Streets and Roads Needs Assessment, Nichols Consulting Engineers, Chtd. (2008),
sponsored by the League of California Cities, California State Association of Counties and County Engineers
Association of California.
PASSED, APPROVED AND ADOPTED this 23rd day of June 2009.
Marg t Clark
Mayor
ATTEST:
oria Molleda
City Clerk
APPROVE AS TO FORM:
Jo ph o e
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing
Resolution No. 2009.32 being:
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH THE
LEAGUE OF CALIFORNIA CITIES, OTHERS CITIES AND COUNTIES IN LITIGATION
CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE
GOVERNMENT OF THE CITY'S STREET MAINTENANCE FUNDS
was duly and regularly approved and adopted by the Rosemead City Council on the 23rd of June,
2009, by the following vote to wit:
Yes: Armenta, Clark, Low, Ly, Taylor
No: None
Abstain: None
Absent: None
Gloria Molleda
City Clerk