HomeMy WebLinkAbout2009-177
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2009-177
RESOLUTION OF THE MAYOR AND COMMON COUNCIL 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 the City under incredible financial
pressure resulting in 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-l0 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 its 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, in both Proposition 5 in 1974 and Proposition 2 in 1998 the voters of our
state overwhelmingly imposed restrictions on the state's ability to divert the local share of the
gas tax; and
WHEREAS, impairment of the City's ability to maintain its street pavement, traffic
signals, signs. and street lights correlates to increased liability claims; and
WHEREAS, ongoing street maintenance .lli a significant public safety concern.
//1
//1
June 22. 2009
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2009-177
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL 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.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. The Mayor and Common Council of the City of San Bernardino hereby
calls upon the City Attorney to take all necessary steps to cooperate with the League of
California Cities, oth~r 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 (HUT A), also known
as the "gas tax," to fund the state general fund.
SECTION 2. The City Manager 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 (] 974) and Proposition 8 (1998) concerning the proper use and
allocation of the gas tax.
SECTION 3. A copy of this Resolution shall be sent by the City Manager 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.
III
III
III
III
June 22, 2009
2009-177
1
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE
2 CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF CALIFORNIA
CITIES, OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE
3 CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE
CITY'S STREET MAINTENANCE FUNDS.
4
5
6 and Common Council of the City of San Bernardino at a
7
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
adj ourned meeting thereof, held
on the 29th day of
June
, 2009 by the following vote, to wit:
8 Council Members:
AYES
NAYS
ABSTAIN ABSENT
9 ESTRADA
10
BAXTER
11
BRINKER
12
13 SHORETT
14 KELLEY
15 JOHNSON
x
x
x
--L
x
x
16 MCCAMMACK
17
18
19
20
x
~~.<J.~
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this /.s,- day of
July
,2009.
21
22
23
24 Approved as to
FORM:
25
26
27
28
June 18,2009
~
at ick J. Morris, Mayor
1 y of San Bernardino