HomeMy WebLinkAbout09-137 - Resolutions RESOLUTION NO. 09-137
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, 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;
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, 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, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA 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 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, and;
RESOLVED FURTHER, 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 to create unsafe conditions on the streets
of our City for pedestrians, bicyclists and motorists.
Please see the following page
for formal adoption,certification and signatures
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.
Resolution No. 09-137 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 15'" day of June 2009.
AYES: Gutierrez, Michael, Spagnolo
NOES: None
ABSENT: Kurth, Williams
ABSTAINED: None
L. Dennis Michael, May fro-7
ATTEST:
e
J nice C. Reynolds, Cit Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 15`" day of June 2009.
Executed this 16`" day of June 2009, at Rancho Cucamonga, California.
anice C. Reynolds, C y Clerk
Resolution No. 09-137 - Page 3 of 3