Resolution 2009-27
1
RESOLUTION NO. 2009-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
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 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, cycling and pedestrian
public; and
WHEREAS, the loss of almost all of cities' gas tax funds will seriously compromise
cities' ability to perform critical traffic safety related street maintenance, possibly 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. 2009-27
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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 1 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 Gilroy
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 offunding 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 Administrator or City Clerk shall send this
resolution with an accompanying letter from the Mayor to the Governor and each Legislator,
informing them in the clearest ofterms 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
RESOLVED FURTHER, that a copy of this Resolution shall be sent by the City
Administrator or 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.
PASSED AND ADOPTED this 6th day of July, 2009, by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, BRACCO, DILLON,
GARTMAN, TUCKER, WOODWARD and PINHEIRO
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
NONE
NONE
APPROVED:
1 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. 2009-27
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2009-27 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 6th day of July, 2009, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 14th day of July, 2009.
hawna Freels, C
City Clerk of the City of Gilroy
(Seal)