HomeMy WebLinkAboutMINUTES - 01101989 - 1.27 TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel VI,JI ltra
@. couqy
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DATE: January 3, 1989
SUBJECT: Prop. 62, Pending General Special Tax Authority Litigation Support
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I . RECOMMENDED ACTION: For the below-discussed pending legal
action, approve and authorize. the County Counsel on behalf of Contra Costa
County to join in any petitions for hearing or rehearing and/or amicus
curiae briefs prepared opposing the validity of Proposition 62's repeal of
local agencies ' general authority (Government Code S 50077 ) to call special
tax elections for any appropriate public purpose.
II . FISCAL IMPACT: None.
III . REASONS FOR RECOMMENDATION: Contra Costa County should retain
its general statutory authority (Govt.C. S 50077 ) to consider and call
special tax elections for any appropriate purpose (e.g. , to fund hospital,
mental health or juvenile facilities and services) . Proposition 62,
approved November 1986, purports to repeal Government Code S 50077 and the
County's authority to call special tax elections pursuant to it for any
appropriate public purpose. On November 29, 1988, the Second District
Court of Appeal in its Calif . Building Industry Association v. the Newhall
School District decision upheld Proposition 62's repeal of Government code
S 50077 .
IV. BACKGROUND: This County has been asked by the Sonoma County
Counsel to join as recommended above. This Office concurs and ask for
authority to proceed as indicated above in Part I .
V. CONSEQUENCES OF NEGATIVE ACTION: The Court of Appeal's BIA v.
Newhall Sch. Dist. decision may become final if sufficient opposition to it
is not presented to the Courts .
VJW:df
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON <Tgniiary_ In , 1989 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I 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 Administrator ATTESTED January 10 , 19_89
County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BYa
M382/7-83 DEPUTY