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HomeMy WebLinkAbout1982-06-29; City Council; 7064; Local Option Fuel TaxCITN JF CARLSBAD — AGEND/, DILL Ash o jJTLE: MTQ.6/29/82 LOCAL OPTION FUEL TAX DEPT. ENa. 'RECOMMENDED ACTION: Council approve agreement and instruct staff to advise the County their approval of the U Local Option Fuel Tax Ballot Proposition. ITEM EXPLANATION: L .pb00) DEPT. HD. CITY ATTY CITY MOR-24- The FAU Committee has drafted and approved an agreement between all cities in the County covering allocation and distribution of revenue collected. In order to qualify for the ballot, the ballot proposition must be approved by a majority of cities. The agreement needs to be covered also. This provides for approxi- mately $377,000 for the City of Carlsbad. FISCAL IMPACT: This should add $377,000 revenue to the City Budget available for street construction. EXHIBITS: A. Exhibit Agreement B. Ballot Proposition MEASURES SUBMITTED TO VOTE OF THE VOTERS COUNTY QUESTIONS n PROPOSITION: -For the purpose of maintenance, construction, YES LJ repairs and safety improvements on local city and county roads, shall the County of San Diego levy a countywide motor vehicle fuel tax in the maximum amount of two cents NO �--� per qallon and two cents per 100 cubic feet of compressed U natural gas (used as motor vehicle fuel)? 1200 ELN1 AVENUF. CARLSBAD, CALIFORNIA 02008 0l/ice of the City Clerk July 1, 1982 CAq r r.o,�ErFopa�w Ken Karnes County Department of Public Works 5555 Overland Drive San Diego, CA 92123 The Carlsbad City Council, at its meeting of June 29, 1982, approved the San Diego County Region Local Option Fuel Tax Agreement. Per instructions from the City Engineer, we are enclosing the original document, which has been' executed by mayor Casler. Please furnish this office with a copy of the fully executed document as soon as it is available. Thank you for your assistance in this matter. L lLc4.1 ' EN R.Y EVENS Deputy City Clerk Enc. TELEPHONE: d (714) 438.5535 is r^ SAN DIEGO COUNTY REGION LOCAL OPTION FUEL TAX AGREEMENT THIS AGREEMENT executed this Jo7Z day of 1982, by and between the cities of Carlsbad, Chula Vista, Coronado, Del Mar, E1 Cajon, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Vista, all municipal corporations within the County of San Diego, hereinafter called the CITIES, and the County of San Diego, a political subdivision of the State of California, hereinafter called the COUNTY. WITNESSETH WHEREAS, a Local Option Fuel Tax (LOFT) may be imposed by a County on a Countywide basis in accordance with Part 4, (commencing with Section 9501) of Division 2 of the Revenue and Taxation Code; and WHEREAS, Section 9502(a) of the Revenue and Taxation Code specifies that prior to imposition and collection of an., tax under Part 4, a proposition granting authority to the COUNTY to impose the tax shall be submitted to and approved by the voters at an election; and WHEREAS, Section 9502(b) of the Revenue and Taxation Code specifies that a proposition may be submitted to the voters only if it is approved by the Board of Supervisors of the COUNTY, and a majority of the City Councils of the CITIES having a majority of the population in the incorporated areas of the County and that the COUNTY and the CITIES within the County must have a written agreement with respect to allocation of the revenues between the COUNTY and CITIES; and WHEREAS, this AGREEMENT specifies the allocation o` Local Option Fuel Taxes between COUNTY and CITIES in accordance with Section 9502(b) of the Revenue and Taxation Code. i NOW T4EREFORE, THE COUNTY AND THE CITIES WITHIN THE COUNTY OF SAN DIEGO as specified in Section 9502(b) HEREBY AGREE to the following Local Option Fuel Tax allocation formula and related conditions. I. The Local Option Fuel Tax allocation formula for the San Diego County region shall be as follows: A. The COUNTY and each of the CITIES existing as of July 1 each year shall receive an annual lump sum base amount of S100,000. B. All Local Option Fuel Tax revenues remaining after the lump sum dis- tribution described in preceding Paragraph I.A. shall be distributed to the cities and the unincorporated portion of the County on the following basis: 1. 1/4 based on maintained centerline road miles. The maintained road mileage basis shall he recalculated effective July I each year using the most recent mileage data available from CALTRANS. 2. 3/4 based on population. The population percentage basis shall be recalculated effective July 1 each year using the most recent population data available from the State Department of Finance. 2. The terms of this agreement shall be subordinate to any State law or regulation governing the collection, allocation or expenditure of Local Option Fuel Taxes. 3. New CITIES which incorporate shall share in the LOFT revenues described in Paragraph 1, Section B, 1 and 2, prorated as to their date of incor- poration. Distribution of LOFT revenues to new CITIES shall be on the same formula basis as to those CITIES which were original parties to the AGREEMENT. ;M 4. This Agreement may be signed in counterparts, each of which so executed shall be deemed an original, and said counterparts together shall consti- tute one and the same instrument. S. This Agreement shall remain in effect for the duration of the tax and may not be modified, amended or otherwise changed unless by an amendment executed by the parties hereto. IN WITNESS HEREOF, the parties hereto have caused this Agreement to be execUted ot, tthpy date �first Sabove written. City of C rlsbad City of Lemon Grove City of Chula —Vista City of National City r-of Coronado sty of Oceanside City--y of Del'mar -City of Poway City oft ajon City of San Diego City of Escondido My of San Marcos City of Imperla Beach City of Santee City of Li Mesa City of Vista City of City of City of City of City of f.aty of County of San Diego A