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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION N0.2009-095 (1123) <br />RESOLUTION OBJECTING TO ANY SEIZURE BY STATE GOVERNMENT OF THE <br />CITY'S STREET MAINTENANCE FUNDS AND SUPPORTING LITIGATION <br />CHALLENGING ANY SUCH SEIZURE <br />WHEREAS, the current economic crisis has placed cities under incredible fmancial <br />pressure and caused them to make painful budget cuts, including layoffs and furloughs of city <br />workers, decreasing maintenance and operations of public facilities, and reductions in direct <br />services to keep spending in line with declining revenues; and <br />WHEREAS, since the early 1990s the state government of California has seized over <br />$10 billion of city property tax revenues statewide, now amounting to over $900 million each <br />year, to fund the state budget even after deducting public safety program payments to cities by <br />the state; and <br />WHEREAS, in his proposed FY 2009-10 budget the Governor has proposed transferring <br />$1 billion of local gas taxes and weight fees to the state general fund to balance the state budget, <br />and over $700 million in local gas taxes permanently in future years, immediately jeopardizing <br />the ability of the City to maintain the City's streets, bridges, traffic signals, streetlights, <br />sidewalks and related traffic safety facilities for the use of the motoring public; and <br />WHEREAS, the loss of almost all of the City's gas tax funds will seriously compromise <br />the City's ability to perform critical traffic safety related street maintenance, including, but not <br />limited to, drastically curtailing patching, resurfacing, street lighting/traffic signal maintenance, <br />payment of electricity costs for street lights and signals, bridge maintenance and repair, sidewalk <br />and curb ramp maintenance and repair, and more; and <br />WHEREAS, San Leandro along with other California cities will be forced to eliminate <br />part or all of their street maintenance operations or forced to cut back in other areas (including <br />public safety staffing levels) to use city general funds for basic street repair and maintenance. <br />This could result in potential City liability for traffic accidents and serious personal injuries as <br />basic street maintenance is ignored or deferred; and <br />WHEREAS, in both Proposition 5 in 1974 and Proposition 2 in 1998 the voters of our <br />state overwhelmingly imposed restriction on the state's ability to do what the Governor has <br />proposed, and any effort to permanently divert the local share of the gas tax would violate the <br />state constitution and the will of the voters; and <br />WHEREAS, cities and counties maintain 81 % of the state road network while the state <br />directly maintains just 8%; and <br />WHEREAS, ongoing street maintenance is a significant public safety concern; and <br />