(2)AR 062309 HUTA Resolution - Laserfiche WebLink

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CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF JUNE 13, 1UUV TO: HONORABLE MAYOR AND CITY COUNCIL ITEM #2 City Council Special meeting FROM: Exec. Asst./Council Office Manager Adelfa Flores SUBJECT: League of CA Cities Request City Attorney Cooperation in Litigation Over Unconstitutional Diversion of Highway Users Tax Account (HUTA) DATE: BACKGROUND: June 18, 2009 On June 12, 2009 the League of California Executive Director Chris McKenzie sent a memo to City Officials outlining details of how cities will be impacted with the Governor's proposed seizure of HUTA funds. Further, requesting cities to support the League as they proceed with litigation challenging the state's seizure of HUTA funds as unconstitutional. The City of Colton's share of HUTA projected revenues for FY 2009-10 are $845,191. Several attachments include background information, resolution, legal opinion and HUTA projected revenues for statewide cities. FINANCIAL IMPACT: $845,191 ENVIRONMENTAL: Not Applicable. CONFLICT OF INTEREST: Not Applicable. RECOMMENDATION: Approve resolution authorizing the City Attorney to cooperate with the League of CA Cities, other cities and counties in litigations challenging the constitutionality of any seizure by state government of the city's street maintenance funds. Attachments: • City of Colton Resolution — Authorizing City Attorney to cooperate w/League in HUTA Litigations • #A -- League Memo to City Officials requesting Resolution & support in HUTA Litigations • #B -- League Press Release — Legal Analysis of State Proposal of HUTA Diversion • #C -- HUTA Diversion Legal Opinion by Neilsen, Merksamer, Parrinellos, Mueller & Naylor, LLP • #D -- HUTA Projected FY 2009-10 Revenues for cities REVIEW TEAM ONLY City Attorney: rJ Uk v4,SZ I of Finance Director: bk AiLLSIS,( City Manager: OTHER: