HomeMy WebLinkAboutResolutions - No. 2009-77RESOLUTION NO. 2009-77
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE
OF CALIFORNIA CITIESAND OTHER CITIESAND 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 maintenanceand 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 afler deducting public safety program
payments to cities by the state; and
WHEREAS, in his proposed fiscal year 2009-10 budget, the Governor has
proposed transferring $1 billion of local gas taxes and weight fees to the state general
fund to balancethe state budget, and over $700 million in local gas taxes permanently in
future years, immediatelyjeopardizing 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
genera( 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
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 Lodi
hereby directs the City Attorney to take all necessary steps to cooperate with the League
of California Cities and 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 City 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 City 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.
Dated: June 17,2009
I hereby certify that Resolution No. 2009-77 was passed and adopted by the City
Council of the City of Lodi in a special meeting held June 17, 2009, by the following vote:
AYES: COUNCIL MEMBERS—
NOES: COUNCIL MEMBERS—
ABSENT: COUNCIL MEMBERS—
Hasa rAIN: COUNCIL MEMBERS —
2009-77
HANSEN, JOHNSON, MOUNCE
NONE
HITCHCOCK, KATZAKIAN
L.�
CaliforniaStatewide 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.