Loading...
HomeMy WebLinkAboutGovernor Swarzenegger Diversion of Gas Tax Funds (Oppose)Ron Everett Mayor Carol Herrera Mayor Pro Tern Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member Recycled paper JulIG11, 20092009 21825 Copley Drive - Diamond Bar, CA 91765-4178 (909) 839-7000 - Fax (909) 861-3117 www.CityofDiamondBar.com The Honorable Governor Arnold Schwarzenegger State Capitol Sacramento, CA 95814 Dear Governor Schwarzenegger: The State's current economic crisis and property tax diversion proposal places local governments under incredible financial pressure, and has already led some cities to make painful cuts to public safety and other employees while reducing essential services and programs. Our residents should not be forced to suffer at the local level as the State attempts to solve its own fiscal problems by stealing from cities and counties. The recent State proposal to divert gas tax funds from cities will lead to the elimination of local street and road maintenance programs across California. Since cities and counties maintain over 80% of California's road network, withholding gas tax funds from cities will have disastrous consequences, with many streets falling into disrepair. Regular street maintenance programs have a direct correlation to driver safety, and by diverting gas tax funds, the state is compromising driver and passenger safety. The City of Diamond Bar strongly opposes any diversion of gas tax funds, and urges you to maintain the flow of these essential funds to local governments as mandated by the California constitution. Sincerely, Ron Everett Mayor City of Diamond Bar CC: League of California Cities Joe A. Gonsalves & Son City Council/CM/ACM RESOLUTION NO. 2009-27 A RESOLUTION 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 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 I traffic accidents, injuries and deaths increase; and WHEREAS, in both Proposition 5 in 1974 and Proposition 8 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 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 (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 DIAMOND BAR 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 City Clerk shall send this resolution with an accompanying letter from the Mayor to the Governor and each legislator, through the League of California Cities, 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 City Clerk to the League of California Cities, the local Chamber of Commerce, and other interested groups whose members are affected by this proposal to create unsafe conditions on the streets of our City for pedestrians, bicyclists and motorists. PASSED, APPROVED AND ADOPTED this 16th day of June 2009. 1, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2009- 27 was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 16th day of June, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: Chang, Tanaka, Tye, MPT/Herrera, M/Everett NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None _,_______ABSTA­l-N ----COU NCl.LME-MB ERS --None Tommy6 A.- Cribbins, City Clerk City of Diamond Bar 11 r% n n n-