HomeMy WebLinkAbout1973-07-03; City Council; Resolution 3167RESOLUTION NO. 3167
A RESOLUTLON OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, STATING ITS POSITION REGARDING QUESTIONS WHICH HAVE ARISEN OVER THE APPORTIONMENT OF FUNDS PUESUANT TO THE MILLS- ALQUIST-DEDDEH ACT.
WHEREAS, the "Mills-Alquist-Deddeh Act" provides for
the development of a public transportation system in the County
of San Diego; and
WHEREAS, the Comprehensive Planning Organization acting
as the designated transportation planning agency pursuant to
said act is responsible for making allocations from the local
transportation fund in furtherance of said system; and
WHEREAS, the City of Carlsbad is entitled to file
claims on said fund in an amount equal to Carlsbad's appor-
tionment; and
GJHEREAS, the City of Carlsbad was informed by the
Comprehensive Planning Organization that any unclaimed portion
of Carlsbad's apportionment for this year would be available
to the City and the City only in future years; and
WHEREAS, the City of Carlsbad relied on said informa-
tion and deferred making its claim pending completion of a
North County Transit study with the understanding that
Carlsbad's apportionment would then be available to fund a
system which would provide some service to the City of
Carlsbad. Had the City of Carlsbad understood otherwise, an
agreement with the City of Oceanside for some transportation
services would have immediately been executed and a claim for
funding therefore submitted; and
WHEREAS, it now appears that certain staff of the
Comprehensive Planning Organization may now be taking a position
that the failure of Carlsbad to make a claim will result in a
loss of the right to such funds; and
1.
WHEREAS, the result of said position will be to
deprive the citizens of Carlsbad of transportation services as
well as the funds therefore which could not have been the
intent of said Act; and
WHEREAS, the City Council of the City of Carlsbad
intends to do all in its power to insure that its apportionment
is used in furtherance of the purposes of said Act; that is to
finance a regional public transportation system which will
meet the needs of all of the citizens of the region including
those of the citizens of Carlsbad;
NOM, THEREFORE, BE IT RESOLVED by the City Council
of the City of Carlsbad, as follows:
1. That the above recitations are true and correct.
2, That the Mills-Alquist-Deddeh Act is clear in
its purpose and intent which is to provide an integrated and
coordinated system of public transportation to meet the long
term needs of the county as a whole and not to provide immediate
assistance to a particular transportation system. Therefore,
it is the position of the City that a maximum amount of the
local transportation fund be utilized to provide services to
the entire county.
3. That the fund should not be dissipated in
payment of current operating expenses of particular transporta-
tion systems which serve only certain areas of the county.
4, That the reason the Act makes apportionments of
each year's fund to individual cities is to insure that the
benefits of the fund will extend to every city in the county.
5. That the Act does contemplate the accumulation of
1 such
the
a city's unclaimed apportionment from year to year unt
time as the city claims said amounts in furtherance of
purposes of the Act.
6. That there is nothing in the Act which would
2.
prevent the Comprehensive Planning Organization from adopting
a policy to make such an accumulation.
7, That the Act gives the City a vested right to
its apportionments and that the Comprehensive Planning
Organization is estopped from denying that right.
8. That possible conflicts regarding the correct
legal interpretation of the Act, notwithstanding the
Comprehensive Planning Organization, should adopt a policy of
accumulating the unclaimed portion of each city's apportionment
from year to year and reserving said amounts until such time
as the affected City consents to their expenditures.
9. That Councilman Robert Frazee is hereby instructed
as Carlsbad's representative to the Comprehensive Planning
Organization to do everything possible to see that the positions
outlined in this resolution are accepted and followed by the
Comprehensive Planning Organization in its capacity as a council
of governments and as the designated Transportation Planning
Agency,
10. That Councilman Frazee is also instructed to
seek to have the decision, on this year's claims continued
until such time as the City of Carlsbad can be assured that the
unclaimed portion of the city's apportionment will be
available in the future to the city for the purposes of
providing public transportation services to the citizens of
Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council on the day of July, 1973, by the
Ill
I//
Ill
Ill
//I
3.
1
2
3
4'
5
following vote, to wit:
AYES :
NOES :
ABSENT:
ATTEST:
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
(seal )
1
4.