RES-2009-095RESOLUTION NO. 2 0 0 9 0 9 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
OPPOSING AN ATTEMPT BY THE STATE LEGISLATURE TO
APPROPRIATE THE LOCAL SHARE OF THE HIGHWAY USERS TAX
ACCOUNT (HUTA) AS PART OF THE STATE BUDGET, AND AUTHORIZING
THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY,
TO TAKE SUCH ACTIONS AS MAY BE APPROPRIATE TO CHALLENGE
ANY SUCH ACTION BY THE STATE LEGISLATURE
WHEREAS, the current economic crisis has placed cities under financial
pressure and caused them to make significant budget cuts, including reductions in direct
sen -ices to keep spending in line with declining revenues; and
WHEREAS, in his May Revise. the Governor has proposed diverting the local
share of the Highway Users Tax Account (HUTA) gas tax revenues for two years to pay
the state highway bond debt ($986 million in FY 2009/10; $750 million in FY 2010/11),
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 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, 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 divert these
revenues and anâ– effort to permanently divert the local share of the gas tax would violate
the state constitution and the will of the voters.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF ANAHEIM hereby opposes the diversion of local gas taxes as part of
the state budget and further authorizes the City Manager, in consultation with the City
Attorney to take appropriate legal action, in cooperation with other cities and counties,
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 Manager shall send a copy of this
resolution with an accompanying letter from the Mayor to the Governor and each
legislator, informing them 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 2 3 day of Jump 2009, by the following roll call
vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
By:
LLU a mks.
CIT CLERK OF THE CITY OF ANAHEIM
CIT OF ANAHEI
MA OR OF THE CI AHEIM