HomeMy WebLinkAboutMINUTES - 08181987 - 1.29 TO: BOARD OF SUPERVISORS
FROM: Phil Batchelor C ltra
County Administrator coos Q
DATE: Augusts 17 , 1987
SUBJECT: Legislation: Assembly Constitutional
Amendment 27 (Johnson) .
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position in opposition to Assembly Constitutional
Amendment 27 by Assemblyman Ross Johnson which would place in the
Constitution substantive and procedural requirements on the
.imposition of fees or assessments.
BACKGROUND:
The State Constitution currently has no provisions governing the
imposition of fees or assessments generally. Assemblyman Johnson
has introduced ACA 27 which sets forth detailed procedures which
must be followed by a local agency, including a county or special
district, in imposing any assessment. Assessments for indirect
purposes,_ as defined, can only be imposed following approval by
the voters. All fees would require approval of the voters before
they could be imposed. County Counsel points out several
specific problems with the provisions of ACA 27 in .the attached
memorandum. As County Counsel points out, the research, cost of
multiple mailings, and the cost of special elections would
effectively prohibit the imposition of many fees.-
Locking
ees:Locking many of these procedural details into the Constitution
effectively prohibits the Legislature from making any substantive
alteration of them in the future and deals with one subject in
far more detail than is appropriate in the Constitution.
Finally, the, use of fees and benefit assessments are one of the
few remaining revenue sources, to which counties and special
districts have been forced to turn because of the ever-increasing
cost of mandated programs and the lack of any other discretionary
revenue source to finance such programs. Rather than further
reducing the discretion of Boards of Supervisors, some attention
should be given to addressing the discrepancy between program
requirements placed on counties and the ability to raise revenue
to operate those programs.
It is, therefore, recommended that the Board of Supervisors
oppose ACA 27. //f
CONTINUED ON ATTACHMENT: YES SIGNATURE: /! L
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON August 18, 1987 APPROVED AS RECOMMENDED /t OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT _ ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County'.Adminlstrator ATTESTED
County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF
Public Works Director
AuSUPERVISORS AND COUNTY ADMINISTRATOR
Jackson/Barish & Associates � G2
Assemblyman Johnson BY ,DEPUTY
M382/7-83 —