HomeMy WebLinkAboutReso 2009-139RESOLUTION NO. 2009-139
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY ATTORNEY TO
COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES,
AND OTHER CITIES AND COUNTIES IN LITIGATION
CHALLENGING THE CONSTITUTIONALITY OF ANY
SEIZURE BY STATE GOVERNMENT OF THE CITY'S
SHARE OF THE HIGHWAY USERS TAX ACCOUNT 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 fiscal yeaz 2009/2010 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; 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
Resolution No. 2009-139
Page 2
WHEREAS, ongoing street maintenance is a significant public safety concern and 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 by the City Council of the City of Chula Vista
as follows:
1. The City Attorney is authorized 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.
2. The City Manager or City Clerk shall send this resolution with an accompanying letter
from the Mayor to the Governor and to the City's state legislators, 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.
3. A copy of this Resolution shall be sent by the City Manager or City Clerk to the
League of California Cities, the Chula Vista Chamber of Commerce, the South County
Economic Development Corporation, the Chula Vista Redevelopment Corporation, the Third
Avenue Village Association, the Chula Vista Hotel/Motel Association, the Auto Park Business
Improvement District, and the Broadway Business Association whose members are affected by
this proposal to create unsafe conditions on the streets of our City for pedestrians, bicyclists and
motorists.
Presented by
Cheryl Cox
Mayor
Approved as to form by
C. Miesfe
City Attorn
~ Californda 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. 2009-139
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of June 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
V
Cheryl Cox, yor
ATTEST:
Donna R. Norris, CMC, ity Jerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-139 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 16th day of June 2009.
Executed this 16th day of June 2009.
0
onna R. Norris, C C, C Clerk