HomeMy WebLinkAbout09_073 CC ResolutionRESOLUTION NO. 09-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA 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
PROPERTY TAX, STREET MAINTENANCE, AND
REDEVELOPMENT FUNDS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
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, since early 1995, the state government also has seized $1.04 billion
of redevelopment tax increment statewide, and the Governor and Legislature are now
considering seizing $1.7 billion in FY 09/10 and $350 million in FY 10/11; and
WHEREAS, on April 30, 2009, in the case of CRA v. Genest, the Sacramento
Superior Court found similar efforts by the State to seize redevelopment tax increment
for the state general fund to be in direct violation of Article XVI, Section 16 of the State
Constitution, added by the voters in 1952 as Proposition 18, which requires that tax
increment be used exclusively for the benefit of redevelopment project areas; and
WHEREAS, the State Legislature has proposed transferring $1 billion of local
gas taxes and weight fees to the state general fund to balance the state budget, funds
that would have been used 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, 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 the city
general funds for basic street repair and maintenance; and
' WHEREAS, cities and counties maintain 81% of the state road network while the
state directly maintains just 8%; and
R:/Resos 2009/Resos 09-73 1
WHEREAS, in both Proposition 5 in 1974 and Proposition 2 in 1998, the voters of
our state overwhelmingly imposed restrictions 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;
NOW, THEREFORE, the City Council of the City of Temecula resolves as
follows:
Section 1. The City Attorney is authorized and directed to take all necessary
steps to cooperate with the League of California Cities, the California Redevelopment
Association, 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 redevelopment tax increment or the City's share of funding
from the High Users Tax Account (HUTA), also known as the "gas tax," to fund the state
general fund.
Section 2. A copy of this Resolution shall be sent by the City Clerk, 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.
' Section 3. A copy of this Resolution shall be sent by 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.
Section 4. This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 11th day of August, 2009.
ji;:~
Maryann Edwards, Mayor
ATTEST:
Susan . Jo es, MMC
' erk
[SEAL]
R:/Resos 2009/Resos 09-73 2
' STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09-73 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 11th day of August, 2009, by the
following vote:
AYES: 4 COUNCIL MEMBERS: Comerchero, Naggar, Washington,
Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Roberts
ABSTAIN: 0 COUNCIL MEMBERS: None
ll/.
' Susa W. Jones, MMC
City Clerk
R:/Resos 2009/Resos 09-73 3