HomeMy WebLinkAboutRES CC 2009 2824 2009 0617RESOLUTION NO. 2009 -2824
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE CITY
ATTORNEY FOR THE CITY OF MOORPARK 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 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 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 -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; 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. Furthermore, cities expect that
liability damage awards will mount as basic maintenance is ignored and traffic
accidents, injuries and deaths increase; 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 -2824
Page 2
WHEREAS, 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; 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 MOORPARK 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; and
RESOLVED FURTHER, that the city manager or clerk shall send this local
resolution with an accompanying letter from the Mayor to the Governor and each local
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
RESOLVED FURTHER, that a copy of this Resolution shall be sent by the city
manager or 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.
PASSED AND ADOPTED this 17th day of June, 2009.
ATTEST:
Maureen Benson, Assistant City Clerk
(2Ji:ce S. Parvin, Mayor
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. 2009 -2824
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Resolution No. 2009 -2824 was
adopted by the City Council of the City of Moorpark at a special meeting held on the
17th day of June, 2009, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: Councilmember Millhouse
ABSTAIN: None
WITNESS my hand and the official seal of said City this 1 st day of July, 2009.
Maureen Benson, Assistant City Clerk
(seal)