HomeMy WebLinkAbout2009-06-23; City Council; Resolution 2009-166EXHIBIT 1
1 RESOLUTION NO2009-166
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY
3 ATTORNEY TO JOIN WITH THE LEAGUE OF
4 CALIFORNIA CITIES AND OTHER CITIES AND
COUNTIES CHALLENGING THE CONSTITUTIONALITY
5 OF ANY SEIZURE BY THE STATE OF THE CITY'S
STREET MAINTENANCE FUNDS
6
WHEREAS, the current economic crisis has placed cities and counties under
7
extraordinary financial pressure and caused them to make painful budget cuts, including8
g layoffs and furloughs of city employees, decreasing maintenance and operations of
10 public facilities, and reductions in direct services to keep spending in line with declining
11 revenues; and
12 WHEREAS, since the early 1990's the State government of California has seized
13 over $10 billion of city property tax revenues statewide, now amounting to over $900
14 million each year, to fund the State budget even after deducting public safety program
15 payments to cities; and
16
WHEREAS, in the proposed Fiscal Year 2009-10 budget the Governor has
17
proposed transferring $1 billion of local gas taxes and weight fees to the State's general
18
fund to balance the State budget, and over $700 million in local gas taxes permanently
20 in future years, which will immediately jeopardize the ability of the City to maintain the
21 City's streets, bridges, traffic signals, streetlights, sidewalks and related traffic safety
22 facilities used by the public; and
23 WHEREAS, the loss of almost all the City's gas tax funds will seriously
compromise the City's ability to perform critical traffic safety related street maintenance;
25
and
26
WHEREAS, cities and counties maintain 81% of the State road network while the
27
State directly maintains just 8%; and
28
1 WHEREAS, that the lack of critical safety related street maintenance will most
2 likely trigger an increase in liability damage awards as basic street maintenance is not
funded and traffic accidents, injuries and deaths increase; and
4
WHEREAS, ongoing street maintenance is a significant public safety procedure
5
and a city's failure to maintain it has a direct correlation to traffic accidents, injuries and
6
deaths; and
7
WHEREAS, in both Proposition 5 in 1974 and Proposition 2 in 1998 the voters of
o
o our State overwhelmingly imposed restrictions on the State's ability to do what the
10 Governor has proposed, and any effort to permanently divert local share of gas tax
11 would violate the State Constitution and the will of the voters.
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
13 Carlsbad, California, as follows:
14 1. That the above recitations are true and correct.
15
2. That the City Attorney is hereby directed to take all necessary steps to
16
cooperate with the League of California Cities, and other cities and counties in
18 supporting litigation against the State of California if the legislature enacts and the
19 Governor signs into law, legislation that unconstitutionally diverts the City's share of
20 funding from the Highway Users Tax Account (HUTA), also known as the "gas tax" to
21 fund the State General Fund.
22 3. The City Attorney shall send this Resolution with an accompanying letter
23 from the Mayor to the Governor and each legislator, informing them of the City's
24
adamant resolve to oppose any effort to frustrate the will of the electorate as expressed
25
in Proposition 5 (1974) and Proposition 2 (1998) concerning the proper use and
26
allocation of the gas tax.
28
1 4. That a copy of this Resolution shall be sent by the City Attorney to the
League of California Cities, the local Chamber of Commerce, and other community
3
2
groups whose members are affected by this proposal to create unsafe conditions on the
4 streets of our City for pedestrians, bicyclists and motorists.
5
6
7
8 "
9
10 //
11 //
12 //
13 //
14 //
15
16
17
18 "
19 "
20 //
21 //
22 //
23 „
24 //
25
26
27
28
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
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 23rd day of June 2009, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Lewis, Kulchin, Hall, Packard, Blackburn
None
None
ATTEST:
LORRAfNE MUAO2TD, <£jty Clerk
Karen R. Kundtz, Assistant City Clerk
(SEAL)