HomeMy WebLinkAboutResolution 2009-092 N.C.S. 06/15/2009Resolution No. 2009-092 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
OB.IECTING TO ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S
STREET MAINTENANCE FUNDS AND AUTHORIZING THE CITY ATTORNEY
TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES,
OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING
THE CONSTITUTIONALITY OF ANY SUCH SEIZURE
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 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, resurfacirig, 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; 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; and,
Resolution No. 2009-092 N.C.S. Page 1
WHEREAS, according to a recent statewide needs assessments 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, BE IT RESOLVED THAT THE CITY COITNCIL OF T>FIE
CITY OF PE`I'ALLIMA hereby authorizes the City Attorney to take all appropriate 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,
BE IT FARTHER RESOLVED that the city manager or clerk shall send this resolution
with an accompanying letter from the mayor to the Governor and each local state 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; and,
BE IT FiJRTHER RESOLVED 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.
~ California Statewide Loca/ 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.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the provfrd as to
Council of the City of Petaluma at a Regular meeting on the I5`h day of June, 2009, fo lm:
by the following vote:
City
AYES: Vice Mayor Barrett, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: Glass
ATTEST:
City Clerk
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