Resolution 14357Approved as to Form
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CITY OF ALAMEDA RESOLUTION 14357
M ESOLUTION NO.
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
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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 California 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 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
(PC!) is 68, or "at risk," and 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 Alameda 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
BE IT FURTHER RESOLVED, that the City Manager shall send this
resolution with an accompanying letter from the Mayor to the Governor and the
City's legislative delegation, 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
AND BE IT FURTHER RESOLVED, that a copy of this Resolution shall be
sent by the City Manager to the League of California Cities, the Alameda
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.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Special
Meeting of the City Council on the 16th day of June, 2009, by the following vote to wit:
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AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 1 7th day of June, 2009.
Lara Weisiger, City
City of Alameda