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HomeMy WebLinkAboutMINUTES - 05041993 - 2.6 w• � , 2 . 6 TO: BOARD OF SUPERVISORS Contra Y + FROM: Phil Batchelor, County Administrator Cost April 23, 1993 County -_'� DATE: COU. SUBJECT: f` SUBJECT: LEGISLATION: AB 1325 (Campbell) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Determine what position the Board wishes to take in regard to AB 1325 (Campbell) regarding requiring the San Ramon Valley Fire Protection District to continue to contribute to the Special District Augmentation Fund (SDAF) . . BACKGROUND: The . Board of Supervisors included the following in its 1993 Legislative Program: 1123 . 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. The County has been sued by the San Ramon Valley Fire Protection District and the Contra Costa Mosquito Abatement District because these independent special districts believe that the circumstances under which their districts were created are covered by the American River case in Sacramento County. In this case, the court ruled that certain types of reorganizations and consolidations of special districts result in the formation of a new district which cannot be required to contribute to the Special District Augmentation, Fund (SDAF) . The Board has urged staff to try to arrange an out-of-court settlement of this case. If such a settlement is reached by both sides, it may be necessary to sponsor legislation to CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE X APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Ua7 -4; J-9,1) APPROVED AS RECOMMENDED OTHER — APPROVED Option No. 4 requesting Assemblyman Campbell to amend AB 1325 to incorporate the statewide permanent solution outlined above, but to await the outcome of an appeal to the Superior Court decision before determining whether to further pursue passage of the bill in 1994, and to continue to review and consider all options for an overall statewide solution. Also REQUESTED the County Administrator to send a letter of appreciation to Assemblyman Campbell for his sponsorship of this legislation; and REQUESTED the County Administrator to list on the May 11, 1993 , Board Agenda, proposed legislation AB 1313 which would exempt manufacturing equipment from the sales tax. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX 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 May 4, 1993 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: County Administrator SUPERVISORS.AND COUNTY ADMINISTRATOR County Counsel Les Spahnn; Heim, Noack,. and Spahnn BY DEPUTY r � place the terms of the settlement in State law as an exception to the normal rules for contributions to the SDAF, similar to what was done by Sacramento County as a result of the American River case. Such legislation should be introduced and held until needed for this purpose. " On April 1, 1993, the Superior Court ruled that the American River case applied to both the San Ramon Valley Fire Protection District and the Contra Costa Mosquito Abatement District and that, therefore, neither district should be required to continue contributing to the SDAF. As introduced, AB 1325 would do the following: 1 . Regardless of the decision of the Superior Court, require the San Ramon Valley Fire Protection District to continue to contribute to the SDAF. 2 . Prohibit any retroactive refund to the San Ramon Valley Fire Protection District for contributions made to the SDAF in prior years . It has been suggested that this bill might be amended in an effort to provide some statewide, permanent solution to the issues raised in the American River case. This could be done by providing that the responsibility to contribute to the SDAF in the case of an annexation, consolidation or merger would be measured by the extent to which the surviving district(s) receives the property tax benefits of the previous district(s) . If the surviving district receives all of the property tax benefit of the prior district(s) , it would continue to have the same responsibility to contribute to the SDAF as the predecessor district(s) . If the surviving district received only a portion of the property tax benefits from the predecessor district(s) , it would continue to have the responsibility to contribute only in the same proportion as the proportion of• the property tax benefit the surviving district(s) received. If the surviving district(s) received none of the property tax benefit from the predecessor district(s) , it would be entirely relieved from the responsibility to contribute to the SDAF. The Board of Supervisors would appear to have at least the following options: 1 . Request Assemblyman Campbell to pursue passage of AB 1325 in the form in which it was introduced. 2 . Request Assemblyman Campbell to amend AB 1325 to incorporate the statewide permanent solution outlined above and pursue passage of the bill in its amended form. 3 . Request Assemblyman Campbell to take no further action on AB 1325 in 1993, pending the outcome of an appeal to the ruling of the Superior Court and consider whether to pursue the bill in the form it was introduced in 1994 . 4 . Request Assemblyman Campbell to amend AB 1325 to incorporate the statewide permanent solution outlined above, but to await the outcome of an appeal to the Superior Court decision before determining whether to further pursue passage of the bill in 1994 . 5 . Thank Assemblyman Campbell for his efforts on the County' s behalf, but withdraw all further support and sponsorship of the bill and request Assemblyman Campbell to drop further efforts to obtain passage of the bill. -2- DATE: r'S REQUEST TO .SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NAME: PHONE: ADDRESS: Cfl �r�� I'I•Y: I am speaking formyself_ OR organization: f Check one: (NAME OF ORGANIZV-10%) I wish to speak on Agenda Item # :�, My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider.