HomeMy WebLinkAbout6686RESOLUTION NO. 6686
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, 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
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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,
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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." 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
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. The City Council 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.
SECTION 2. 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
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.
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5 (1974) and Proposition 8 (1998) concerning the proper use and allocation of the
gas tax.
SECTION 3. The City Clerk shall certify to the adoption of this
Resolution and shall cause a copy to 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, approved and adopted this 16th day of June, 2009.
)r of the City of Arcadia
ATTEST:
ity Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6686 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 16th day of June, 2009 and that said Resolution
was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Harbicht, Kovacic and Wuo
NOES: None
ABSENT: None
City Clerk of the City of Arcadia
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