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HomeMy WebLinkAbout1998-02-03; City Council; 14542; NCTD Use Tax Refund RequestCITY OF CAKLSBAD -AGENDA BILL /w AB# 14, +f1- TITLE: DEPT. HD. MTG. a-3- 9 g CITY OF CARLSBAD SUPPORTING NCTD USE TAX REFUND REQUEST DEPT. Council RECOMMENDED ACTION: If you concur, your action is to adopt Resolution No. 78 *A6 Tax Refund Request. supporting NCTD’s Use ITEM EXPLANATION: Council Member Nygaard, Carlsbad’s representative on the North County Transit District Board, is urging the Council to support NCTD’s request before the State Board of Equalization to be heard on February 10, 1998. NCTD paid more than $2 million in taxes to purchase passenger cars and engines for the Coaster which expenditure ordinarily would have been exempt and reimbursable. In 1995 however, the Surface Transportation Board (previously known as the Interstate Commerce Commission) ruled that the NCTD was subject to federal ICC jurisdiction despite the fact that NCTD would not be directly providing interstate rail service. The Board stated in its ruling that the “District was subject to their jurisdiction because it would have substantial control over the railway lines”. The NCTD acted in good faith when it expended the $2 million believing it would be reimbursed as was the MetroLink in Los Angeles. The NCTD believes the people of San Diego County want to spend their tax money on transit since they voted to approve the special sales tax for transit, and not to send more money back to state coffers. San Diego County has a critical need for transit funding. The Board of Equalization, at its hearing on February IO, 1998 in San Diego, will hear NCTD’s request for this refund. Carlsbad’s adoption of this resolution will send a message to it supporting the refund. FISCAL IMPACT: No new expenditures. EXHIBITS: Resolution No. 9f? -J&i 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 - RESOLUTION NO. 98-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUPPORTING NCTD USE TAX REFUND REQUEST The City of Carlsbad hereby notes the following facts with regard to the State Board of Equalization denial of a $2.2 million tax exemption for rail equipment purchased by the North County Transit District (NCTD): 1. The North County Transit District rail operations fall under the jurisdiction of the federal Surface Transportation Board (STB) of the Department of Transportation; 2. Operations which fall under STB jurisdiction are exempt from paying use taxes that discriminate against railroads for the purchase of rolling stock such as freight cars and engines; 3. The State Board of Equalization has denied this exemption even though it granted a $12 million exemption to the Los Angeles Metrolink system, which operates in the same fashion and purchases its equipment from the same manufactures; 4. The City concurs that various transit agencies should be treated in an equitable manner, with no discrimination in Board of Equalization decisions; 5. Further, the refusal to grant an exemption amounts to a double tax for San Diego residents, since the original revenue to pay for equipment was generated by tax dollars approved in a vote of the public; 6. NCTD’s limited and precious resources should be maximized to satisfy critical transit needs locally, not added to the State’s general funds. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The City of Carlsbad joins other members of NCTD in calling for approval by the State Board of Equalization of NCTD’s use tax refund and an immediate refund to the District of the funds in question. 3. That a copy of this Resolution be transmitted to the State Board of Equalization. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 3rd day of February , 1998 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ALETHA L. RAUT (SEAL)