HomeMy WebLinkAbout22533 - RESOLUTIONS - 6/17/2009 RESOLUTION NO. 22533
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, 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.
The City Council of the City of Palm Springs finds:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
Resolution No. 22533
Page 2
G. Cities and counties maintain 81% of the state road network while the state
directly maintains just 8%.
H. 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.
I. 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:
SECTION 1. City Council 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.
SECTION 2. The 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 8 (1998) concerning
the proper use and allocation of the gas tax; and
SECTION 3. A copy of this Resolution shall be sent by the 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.
ADOPTED THIS 17TH DAY OF JUNE, 2009.
David H. Read a ger
ATTEST:
?esi2h�ompson, City Clerk
' California 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. 22533
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22533 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on June 17, 2009, by the
following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk
City of Palm Springs, California P d