HomeMy WebLinkAboutMINUTES - 04071987 - 1.26 J �I' vo
TO BOARD OF SUPERVISORS
FROM; Phil Batchelor Contra
County Administrator
Costa
DATE'. April 1, 1987 County
SUBJECT:
Legislation: Senate Constitutional Amendment 13 (Deddeh)
SPECIFIC REQUEST(S) OR RECOMMENDATION(.S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position of support for Senate Constitutional Amendment
13 . ( SCA 13) by Senator Deddeh which would allow special tax
measures to be adopted by a majority vote of the electorate where
the legislative body ( such as the Board of Supervisors) declares
the proposed imposition of the special tax to be necessary to
meet emergency situations.
BACKGROUND:
Under current Constitutional and statutory law, the Board of
Supervisors does not have the authority to propose special tax
measures to the electorate for adoption by a majority vote. All
such special taxes must now receive a positive vote by 2/3 of the
electorate voting on the measure. By allowing the Board of
Supervisors (or a city council or the governing board of a
special district) to propose a special tax to deal with an
emergency situation; SCA 13 grants considerably broader
discretion to adequately address emergency situations. County
Counsel points out that the term "emergency" is not defined,
leaving it to the Board of Supervisors to define the term in the
absence of subsequent action by the Legislature.
Since SCA 13 provides the Board of Supervisors .more discretion to
propose special taxes while still leaving the voters the right to
approve or reject such a proposal by a majority vote, it appears
that the measure should be supported by the Board of Supervisors.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Anril 7, 1AR7 APPROVED AS RECOMMENDED 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 Administrator ATTESTED APR 7 1987
County Auditor --D. J. Smith Associates PHIL BATCHELOR, CLERK OF THE BOARD OF
Jackson/Barish & Associates SUPERVISORS AND COUNTY ADMINISTRATOR
-CSAC Director
M382/74rator Wadie Deddeh BY ,DEPUTY