CC Resolution 2009-055RESOLUTION N0. 2009 - 055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AGREEING 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
Resolution No. 2009-055
State Seizure of Highway Users Tax Account
Adopted: June 16, 2009
Page 2
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 LA QUINTA 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 8 (1998) concerning the proper use and allocation of the
gas tax; and
BE IT FURTHER RESOLVED, that the city manager or city clerk shall send a
copy of this Resolution 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 fore pedestrians,
bicyclists and motorists.
Resolution No. 2009-055
State Seizure of Highway Users Tax Account
Adopted: June 16, 2009
Page 3
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 16`" day of June 2009, by the following vote, to wit:
AYES: Council Members Evans, Franklin, Henderson, Sniff and Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON AD PH, ayor
City of La Quinta, California
ATTEST:
VERONICA ~ . MONTECINO, CMC, City Clerk
City_of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
AT ERINE J N, City Attorney
City of La Quinta, California