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HomeMy WebLinkAboutMINUTES - 03241992 - 1.3 (2) 1.304 r Y TO: BOARD OF SUPERVISORS �- Contra FROM: Phil Batchelor, County Administrator •:� � - ':,• Costa n. :s a _ County DATE: March 24, 1992 SUBJECT: LEGISLATION: ASSEMBLY CONSTITUTIONAL AMENDMENT 39 SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Adopt a position in OPPOSITION to Assembly Constitutional Amendment 39 (ACA 39) by Assemblyman O'Connell, which would impose additional notice and hearing requirements on local governments before any fee, assessment or general tax could be imposed or increased. 2 . In lieu of ACA 39, indicate that the Board would SUPPORT legislation which would impose similar advance notice and public hearing requirements in statute for the purpose of imposing or increasing any general tax. 3 . Also in lieu of ACA 39, indicate that the Board would SUPPORT legislation which would impose advance notice and public hearing requirements similar to those now in Government Code Section 54986, applied to all new or increased fees and assessments, rather than the rather limited number of fees and assessments to which G.C. 54986 now applies . BACKGROUND: Under current statutory law (Government Code Section 54986) advance public notice, a public hearing, and adoption of an ordinance are required to enact or increase a variety of fees . This section exempts a number of fees from this notice and hearing provision. A number of other provisions of law govern the adoption and increase in various taxes, assessments and fees . These notice and hearing provisions are not always uniform or consistent. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MAK Z 4 152 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE 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: please see Page 2 . ATTESTED MAR 2 4 1992 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY `' / - DEPUTY M382 (10/88) -2- Assemblyman O'Connell has introduced ACA 39 which would require 90 days advance public notice and at least two noticed public hearings before any new or increased general tax, fee or assessment could be adopted. In addition, if passed by the Legislature and approved by the voters, this requirement would apply to all general taxes, fees and assessments enacted or increased as of the date of the introduction of ACA 39 into the Legislature (February 10, 1992) . Thus; even though the measure might not appear on the ballot until November, 1992, it would cover all general taxes, fees and assessments being enacted or increased now. All such general taxes, fees and assessments would cease to be effective unless they had been approved by the process outlined in ACA 39 . It can certainly,be argued that there should be a simpler and more consistent process for approving fees and fee increases than is now in place. It can, also be argued that there should be a different and more stringent process to cover the adoption or increase in a general tax. However, the requirements of ACA 39 are unnecessarily cumbersome, would be an administrative nightmare to enforce and are probably not even necessary in many cases . In addition, it appears to be inappropriate to lock such administrative procedures into the State Constitution. Far more appropriate would be statutory legislation which provides for a consistent and open process by which the public can be aware of and have an opportunity for input into a proposal that a board of supervisors or city council impose or increase a fee or assessment. Placing advance notice and public hearing requirements similar to those in ACA 39 into statute, rather than the Constitution, makes sense for the imposition or increase of general taxes . For these reasons we believe that the Board of Supervisors should indicate its opposition to ACA 39, but its willingness to support legislation which would provide in statute for similar advance notice and public hearing requirements for the imposition or increase in any general tax and which would apply the provisions of G.C. Section 54986 to all fees and assessments. cc: County Administrator Auditor-Controller Assessor County Counsel County Clerk-Recorder Municipal Court Administrator Sheriff-Coroner County Probation Officer Public Works Director Community Development Director Director of Building Inspection Animal Services Director Agricultural Commissioner Health Services Director Steve Swendiman, Executive Director, CSAC Les Spahnn, SRJ. Jackson, Barish & Associates s