HomeMy WebLinkAboutCC RESO 2009-167RESOLUTION NO. 2009 — 167
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL 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 1990's 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 cities to maintain the public 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 National 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 assessment,' on a scale of
zero (failed) to 100 (excellent), the statewide average pavement condition index (PCI) is 68, or
"at risk." The condition of 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, BE IT RESOLVED that the City Council of the City of
National City hereby directs the City Attorney to take all necessary steps to cooperate with the
League of California Cities and 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.
BE IT FURTHER RESOLVED, 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 2 (1998)
concerning the proper use and allocation of the gas tax.
BE IT FURTHER RESOLVED, that a copy of this Resolution shall be sent by the
City Manager or City 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.
PASSED and ADOPTED this 16th day of June, 2009.
Ron Morrison, Mayor
ATTEST:
A
Mi ael R. DaII=, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
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 and adopted by the Council of the City of National City, California, on June 16,
2009 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
/1
City Ierk of the City of Notional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-167 of the City of National City, California, passed and
adopted by the Council of said City on June 16, 2009.
City Clerk of the City of National City, California
By:
Deputy