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AGENDA ITEM N0. DELETED FROM
BOARD CONSIDERATION.
TO BE RELISTED ON
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TO: BOARD OF SUPERVISORS
s
Contra
FROM: Phil Batchelor, County Administrator Costa E< l
March 24, 1993 County
DATE: rd'Chip"t+
SUBJECT: LEGISLATION: AB 1325 (Campbell)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Acknowledge that the Board of Supervisors is the SPONSOR of AB 1325
by Assemblyman Campbell, which would prohibit the San Ramon Valley
Fire Protection District from stopping contributing to the Special
District Augmentation Fund (SDAF) and which would prohibit any
retroactive withdrawal of contributions to the SDAF for prior
fiscal years .
BACKGROUND:
The Board of Supervisors ' 1993 Legislative Program includes the
following proposal:
23 . Sponsor legislation to incorporate any settlement
with the San Ramon Valley Fire Protection District
into State law - Sponsor legislation which can be
used as a vehicle to place in statute any
settlement to the pending litigation with the San
Ramon Valley Fire Protection District.
In response to this proposal, Assemblyman Campbell has introduced
AB 1325 . In view of the fact that settlement of the lawsuit proved
to be unsuccessful, and the Superior Court has ruled against the
County, it appears necessary to pursue legislation in an effort to
overturn the Court's decision.
CONTiNUED ON ATTACHMENT: X YES SIGNATURE: /
L
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE ) OTHER
SIGNATURE(S):
ACTION OF BOARD ON March 30, 190.3 APPROVED AS RECOMMENDED 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.
ATTESTED
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 2 . SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
. .. . . .. ... .
As introduced, the bill requires the San Ramon Valley Fire
Protection District to continue to make its required contributions
to the Special District Augmentation Fund and prohibits any
retroactive withdrawal of those contributions, regardless of any
interpretation regarding the application of the American River case
to the San Ramon Valley Fire Protection District.
In view of the fact that this legislation has been introduced at
the request of the Board of Supervisors in response to an element
of the Board' s 1993 Legislative Program, it is appropriate for the
Board to acknowledge that it is the SPONSOR of AB 1325 .
cc: County Administrator
County Counsel
Auditor-Controller
George Roemer, Senior Deputy County Administrator
Les Spahnn; Heim, Noack, and Spahnn
J
CALIFORNIA LEGISLATURE-199394 REGULAR SESSION
ASSEMBLY BILL No. 1325
Introduced by Assembly Member Campbell
March 3, 1993
An act to add Section 98.63 to the Revenue and Taxation
Code,relating to local government finance, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1325, as . introduced, Campbell. Special district
augmentation fund: Contra Costa County: contributions.
(1). Existing.law provides for the establishment of a special
district augmentation fund in each county for the purpose of
augmenting the revenues of special districts from property
taxes.. The moneys in that fund are derived from a reduction,
computed pursuant to a specified formula, in the amount of
property tax revenue that would otherwise:. have been
allocated to each special district that received state assistance
payments Jor. .the 1978-79 fiscal year, except multicounty
districts, under those provisions of law governing the
allocation of property tax revenues. generally. A specific
appellate court decision (American River. Fire Protection
Dist. v. Board of Supervisors, 211 Cal. App:, 3d 1076) has
interpreted existing law not to require a special district,
created by the. . consolidation. of 2 separate .districts that
received state assistance payments for the 1978-79 fiscal year,
to carry on the responsibilities of the previous districts to
make .special district augmentation fund contributions.
This bill would require a special district in the County of
Contra Costa, that existed in the 1978-79 fiscal year and
received state assistance payments for that fiscal year, to
continue to make special district augmentation fund
contributions and would prohibit reimbursement to that
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AB 1325 —2 --
district
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district for prior contributions, so long as that district
continues as the same legal entity. It would provide that a
subject district shall be deemed to continue as the same legal
entity regardless of a change of name, annexation, or
consolidation. By reimposing specific duties on a specified
county with respect to the computation and collection of
augmentation fund contributions, this bill would impose a
state-mandated local program.
(2) This bill would declare the intent of the Legislature to
ensure the continuing contributions of, and to preclude any
refund of prior contributions to, a specified district in the
County of Contra Costa.
(3) This bill would make legislative findings on the
necessity for a special statute.
(4). The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish
procedures for making that reimbursement.
This bill would provide that no reimbursement is required
by this act for a specified reason.
(5) This bill would declare that it is to take effect
immediately as an urgency statute.
`dote: z/s. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION. 1. Section 98:63 is added to the Revenue
2 and Taxation Code, to read::
3 98.63. (a) Notwithstanding any other provision of
4 law, in a county of the ninth. class, as defined by Sections
5 28020 and 28030 of the Government Code (as amended
6 by Chapter 1204 of the Statutes of 1971), a .district that
7 existed in the 1978-79 fiscal year and received state
8 assistance payments for that: fiscal year shall continue to
9 have its revenue allocations reduced for purposes of
10 deposit of the amounts of those reductions into a special
11 district augmentation fund, as provided in Section 98.6, as
12 long as that district continues to exist as the same legal
. 13 entity.
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ict 1 (b) For purposes of this section, a district shall be
t a 2 deemed to continue to exist as the same legal entity
gal 3 regardless of any change in the name of the district, any
or 4 annexation-by the district of another district or districts,
:ed 5 or any consolidation of the district with another district
of 6 or districts.
a 7 SEC. 2. It is the intent of the Legislature in enacting
8 this act to ensure that the San Ramon Valley Fire
to 9 Protection District of Contra Costa County is required to
ny 10 continue to make special district augmentation fund
he 11 contributions pursuant to Section 98.6 of the Revenue
12 and Taxation Code and to preclude any refund to that
he 13 district of any previous special district augmentation fund
14 contributions, regardless of any interpretation of
to 15 American River Fire Protection Dist. v. Board of
AS 16 Supervisors, 211 Cal. App. 3d. 1076.
ish 17 . SEC. 3. The Legislature finds and declares that a
18 special law is necessary and that a general law cannot be
ed 19 made applicable within the meaning of Section 16 of
.20 Article IV of the California Constitution because of the
:et .21 unique difficulties being experienced by the County of
. 22 Contra Costain providing fair and appropriate funding
es. 23 for special districts within its boundaries.
. 24 SEC. 4. No reimbursement is. required by this act
. 25 pursuant to Section 6 of Article XIII B.of the California
26 Constitution because this act is in accordance with the
27 request of a local agency or school district which desired
.ue . 28 legislative authority to carry out the program specified in
29 this. act. Notwithstanding Section 17580 of the
of 30 Government Code, unless otherwise specified in this act,
)ns 31 the provisions of this act.shall become operative on the
ed 32 same date that the act takes effect pursuant to the
iat 33 . California.Constitution.
ate 34 SEC. 5. This act is an urgency statute necessary for
to 35 the immediate preservation of the public peace, health,
of 36 or safety within the meaning of Article IV of the
pial 37 Constitution.and shall go into immediate effect. The facts
as 38 constituting the necessity are:
39 In order to preserve adequate and proper funding in
gal
40 the Special District Augmentation Fund of the County of
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AB 1325 —4 -
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4 --1 Contra Costa during;the 1992-93 fiscal year,it is necessary
2 that this act take effect immediately.
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