HomeMy WebLinkAboutMINUTES - 04141998 - C72 72
TO: BOARD OF SUPERVISORS Contra
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR Costa
April 1, 1998
County
OAFS: + c x
SUBJECT:
LEGISLATION: AB 2147 (THOMPSON) - REPEAL OF THE STATUTE
REQUIRING REVENUE NEUTRAL INCORPORATIONS
SPECIFIC REQUESTS)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in OPPOSITION to AB 2147 by Assemblyman Bruce Thompson.
SACKGROU D:
Under current law, LAFCO is prohibited from approving an incorporation unless it
finds that revenues currently received by the County that will be transferred to the
new city and expenditures currently made by the County that will become the
responsibility of the new city are balanced so that the incorporation does not cost the
County any net revenue, unless the County and all affected agencies agree to the
proposal or unless the negative fiscal effect of the incorporation is mitigated pursuant
to an agreement involving all affected agencies. This statute Was placed in the lawn
in 1992 in 'partial response to the transfer of property tax revenue to the State.
Assemblyman Thompson and six co-authors have introduced AB 2147 which would
repeal this section of the code, thereby exposing counties to revenue losses in the
case of future incorporations.
This office believes that as long as the State is still taking a significant portion of the
property tax from the counties it is essential that incorporation proposals remain
revenue neutral. It is, therefore, recommended that the Board oppose AB 2147.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
ee - 4&' Z�
:-_iRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
? Ai
SIGNATURE(S)-
ACTION
IGNATURES:ACTION OF BOARD ON Ap it 14,190 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
XUNANtMOUS(ABSENT V 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 r
Contact., P i1L B CHELCR.CLERK OF THE BOARD OF
cc; SUPERVI ORS AND COUNTY ADMINISTRATOR
See Page 2
BY DEPUTY
cc: County Administrator
Auditor-Controller
LAFCO Executive Officer
Steve Szalay, Executive Director
California State Association of Counties
1100 K Street, Suite 101
Sacramento, CA 95814
Casey Sparks Kaneko, Executive Director
Urban Counties Caucus
1100 K Street, Suite 101
Sacramento, CA 95814
Les Spahnn
Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
-2-
CALIFORNIA LEGISLATURE-1W748 REGULAR SESSION
ASSEMBLY BILL No. 2147
Introduced by Assembly Member Thompson
(Principal +coauthors. Assembly Members Bowler,
Campbell, and Runner)
(Coauthors: Assembly Members Ackerman, Baldwin, and
Kaloogian)
February 19, 1998
An act to repeal Section 56845 of the Government Code,
relating to local government formation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2147, as introduced, B. Thompson. Local agency
formation.
Under the Cortese-Knox Local Government
Reorganization Act of 1985, a local agency formation
commission may not approve a proposal that includes an
incorporation unless it finds that revenues currently received
by the transferror will accrue to the transferee and that
expenditures currently made by the transerror will be
assumed by the transferee, unless the county and all of the
subject agencies agree to the proposed transfer or the
negative fiscal effect of the proposal is mitigated pursuant to
an agreement.
This bill would repeal this provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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