HomeMy WebLinkAboutRDA Reso 17-2009RESOLUTION N0.17-2009
REDEVELOPMENT A(JENCY, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
A RESOLUTION OBJECTING TO ANY SEIZURE BY STATE
GOVERNMENT OF THE CITY'S STREET MAINTENANCE
AND REDEVELOPMENT 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, since the early 1990s the state government also has seized $1.04 billion in
redevelopment tax increment statewide, and the Governor and Legislature are now considering
seizing $350 million each year for three years, beginning in the current fiscal year; 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, 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, 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 to use city general funds for basic street repair and maintenance;
WHEREAS, ongoing street maintenance is a significant public safety concern; and
WHEREAS, cities and counties maintain 81% of the state road network while the state
directly maintains just 8%, and according to a recent statewide needs assessment) on a scale of
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.
zero (failed) to 100 (excellent), the statewide average pavement condition index (PCI) is 68, or
"at risk"; 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
NOW, THEREFORE, BE I'T RESOLVED THAT THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY BOARD OF THE CITY OF SOUTH SAN FRANCISCO
hereby expresses its willingness 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 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; anti
BE IT FURTHER RESOLVED, that a copy of this Resolution shall be sent by the City
Clerk to the League of California Cities, the California Redevelopment Association, 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.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the Redevelopment Agency of the City of South San Francisco at a regular meeting held on the
8t" day of July, 2009 by the following vote:
AYES: Boardmembers Pedro Gonzalez, Richard A. Garbarino, and Kevin Mullin,
Vice Chair Mark Addiego and Chair Karyl Matsumoto
NOES: N
ABSTAIN: N
ABSENT: None
ATTEST: ~~~~~
Deputy City Cler