AgdaPkt 2009-07-13 clsd and jnt - Laserfiche WebLink

Browse Search

9A Page 9 'Raid' Continued from Page 1... The action comes as close to 130 cities have already passed resolutions directing their respective city attorneys to cooperate with the League, other cities and counties in pursuing litigation to have any raid of local gas tax funds declared unconstitutional and invalid. City Advocate Weekly reported last week about the opinion prepared by Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP, a law firm specializing in ballot measure and election matters, on the proposal to seize the gas tax. The firm concluded that in both 1974 and 1998 voters imposed restrictions on the state's ability to use gas taxes for debt service on bonds and to divert local gas taxes for the state general fund. State leaders have proposed bypassing the voter-imposed restrictions to use local gas tax funds to payoff the state's highway bonds and reimburse the state general fund. This is a questionable move that seems designed to give the appearance of having a balanced budget. The League has shared the legal opinion with all legislators, the Budget Conference Committee, and Gov. Amold Schwarzenegger. The opinion has been posted online at www.cacities.ora/HUTAooinion. "As a lawyer and an elected official who has taken an oath to defend the constitution of the state of California. it is pretty obvious that it is illegal to steal local gas tax funds when the voters have twice restricted such raids," said Judith Mitchell, League of California Cities president and Rolling Hills Estates mayor. "After the voters' strong rejection of the May 19 ballot measures, I hope state leaders will avoid budget gimmicks like this that are blatantly unconstitutional and raise serious questions about the credibility of the state budget," added Mitchell. Cities have advised the League that the seizure of local gas tax funds will force some to eliminate part or all of their street maintenance operations while others will cut back in other areas, including police and fire services, to pay for basic street repair and maintenance. Poorly maintained streets will mean delays in emergency response times and increased costs for drivers whose vehicle repairs will rise because of worsening street and road conditions. Reductions In street sweeping will increase water pollution runoff to nearby streams, and reduced street maintenance will increase vehicle idling times, greenhouse gas emissions, and respiratory problems for vulnerable populations like children and the elderly. "Attempting to take local gas tax funds ignores the long-term state-local partnership in which cities and counties are responsible for the maintenance of more than 80 percent of the state's road system that is currently rated 'at risk: by the California Statewide Local Streets and Roads Needs Assessment. Balancing the state budget in this way isn't going to inspire confidence in California, but it will cause more traffic jams, vehicle damage and water pollution," said League Executive Director Chris McKenzie. Press Conference Details Thursday's press conference carried "a simple yet strong message: DON'T KICK THE CAN DOWN THE ROAD! During the press event, President Mitchell was flanked by a very large group of city officials all holding "Save Your City" signs. President Mitchell told reporters that the Legislature should adopt a credible budget that Is balanced with a realistic mix of state, not local, revenues. When she finished her remarks she passed Modesto Mayor and League Second Vice President Jim Ridenour a can labeled with Save Your City on one side and a quote from the Governor on the other side that read: "I urged the legislature to take this seriously and to not... kick the can down the road, as they have done in the past but let's solve the problem.1I Fresno Bee, June 11, 2009. 2