HomeMy Public PortalAboutResolution 09-46201
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RESOLUTION NO. 09 -4620
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY 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;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY hereby
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 City 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 City Clerk to the League of California Cities.
PASSED, APPROVED AND ADOPTED on this 7TH day of July 2009.
ATTEST:
I, City Clerk of the City of Temple City, do hereby certify that the foregoing resolution,
Resolution No: 094620, was duly passed, approved and adopted by the City Council of the City
of Temple City at a regular meeting held on the 7th day of July, 2009 by the following vote:
AYES: Councilmember- Chavez, Sternquist, Yu, Vizcarra, Wong
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
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