R 4197RESOLUTION N0.4187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE 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
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 Cal'rfomia 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 lightingttraffic 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
RESOLUTION N0.4197
PAGE 2
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. 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 ARROYO GRANDE hereby directs the City Attorney to take all
necessary steps to cooperate with the League of Cal'rfornia Cities, and other
cities and counties in supporting litigation against the State of Cal'rfomia ff 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 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
BE IT FURTHER RESOLVED, that a copy of this Resolution shall be sent by the
City Clerk to the League of California Cities, the Arroyo Grande Chamber of
Commerce, and other community groups whose members are affected by this
proposal which will create unsafe conditions on the streets of our City for
pedestrians, bicyclists and motorists.
On motion of Council Member Fellows, seconded by Council Member Guthrie,
and on the following roll call vote, to wit:
AYES: Council Members Fellows, Guthrie, Costello, and Mayor Ferrara
NOES: None
ABSENT: Council Member Arnold
the foregoing Resolution was passed and adopted this 23rd day of June 2009.
RESOLUTION NO. y 1 q 7
PAGE 3
r
TONY FER RA, MAYOR
ATTEST:
KELLY WETM RE, CITY CLERK
APPROVED AS TO CONTENT:
E~,~=~~
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TI THY RMEL, CITY ATTORNEY
~ California Statewide Local Streets and Roads Needs Assessment, Nichols Consnltiag
Engineers, Chtd. (2008), sponsored by the League of California Cities, California State
Association of Counties and County Engineers Association of California.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, Ciy Clerk of the City of Arroyo Grande, Count' of.San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached .
Resolution No. 4197 is a true, full, and correct copy of said .Resolution passed and
adopted at a Regular meeting of the City Council. of the City of Arroyo Grande on the
23 day of June 2009.
WITNESS my hand and the Seal of the City of Arroyo Grande affaed this 24"' day of
June 2009.
l/~~-
KELLY E RE, CITY CLERK