Res 09-038
RESOLUTION NO. 09-038
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH
THE LEAGUE OF CALIFORNIA CITIES. OTHER CITIES AND COUNTIES IN
LITlGA TlON CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY
STATE GOVERNMENT OF THE CITY'S STREET MAINTENANCE FUNDS
WHEREAS. the current economic crisis has placed California cities under
incredible financial pressure and caused them to make painful budget cuts, including
layoffs of city workers, decreasing maintenance and operations of public facilities and.
reductions in direct services due to declining sales and property tax revenues: and,
WHEREAS, since the early 1990s the State of California has seized over $10
billion of city property tax rcvenues 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 statc; and,
WHEREAS, the Governor has proposed in his FY 2009' I 0 budget to transfer
$ 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, jeopardizing
the ability of the City to maintain the City's streets, bridges, traffic signals, streetlights,
sidewalks and rclatcd traffic safety facilities for public use; and,
WHEREAS, the loss of the City of Poway's gas tax funds will seriously
compromise the City's ability to perform critical street maintenance, including,
drastically cUltailing patching, resurfacing, street lighting/traffic signal maintenance,
payment of electricity costs for street lights and signals, 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, such as public safety staffing, to use city general tunds
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 restrictions on the state's ability to take gas tax
tunding, and any effort to permanently divcrt 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 strect maintenance is a significant public safety concern. A
city's failure to maintain its street maintenance and improvements, traffic signals, signs,
and streetlights has a direct correlation to traffic accidents, injuries and deaths.
Resolution No. 09-38
Page 2
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF POW A Y 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 and the Governor enact into law
legislation that unconstitutionally diverts the City's share of funding from the Highway
Users Tax Account (HUT A), also known as the "gas tax," to fund the state general fund;
and,
RESOLVED FURTHER, that the City Manager shall send this resolution with an
accompanying letter from the Mayor to the Governor and each local state legislator,
informing them in the c1earcst of terms ofthc City's adamant resolve to oppose any effort
to frustrate the will of the electorate as expressed in Proposition 5 (1974) and Proposition
2 (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 to the League of California Cities, the Poway 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway, State of California, at a regular meeting this 16th day of June 2009.
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ATTEST:
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COUNTY OF SAN DIEGO )
Resolution No. 09-38
Page 3
I, Linda Troyan, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 09-038 was duly adopted by the City
Council at a meeting of said City Council held on the 16th day of June, 2009, and that it
was so adopted by the following vote:
AYES: Cunningham, Boyack, Kruse, Higginson
NOES: None
ABSENT: Rexford
DISQUALIFIED: None