HomeMy WebLinkAboutM100395MINUTES
October 3. 1995
ED McLAUGHLIN, 4th District, Chair
VIVIAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
GORDON THOMAS, 5th District
Call to order special meeting (called by Board Chair pursuant to Government Code
Section 54956) -Board of Supervisors room, County Administration Building,
25 County Center Drive, Oroville. Present: Supervisors V. Meyer, Dolan, Houx,
Thomas and Chair McLaughlin. John S. Blacklock, Chief Administrative Off cer,
Susan Minasian, County Counsel; and Carol Roach, Assistant Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
95-289 CLOSED SESSION: The Board recessed at 1:06 p.m. to a closed session
conference with legal counsel for actual litigation pursuant to
Government Code Section 54956.9(a) (Turner v. County of
Butte [Butte County Superior Court Case No. 112050]).
RECONVENE: The Board reconvened at 2:12 p.m. following a closed session
conference with legal counsel for actual litigation pursuant to
Government Code Section 54956.9(a) (Turner v. County of
Butte [Butte County Superior Court Case No. 112050]). (NO
ANNOUNCEMENTS)
BOARD OF SUPERVISORS
Page 290
October 3, 1995
October 3. 1995
Re,g~lar A..,~enda
95-290 Discussion and potential announcements regarding the effect of Santa Clara County
Local Transportation Authority v. Guardino (1995) _Ca1.4th (5036269) and
Government Code Section 53723 upon the Butte County Utility User Tax (Butte
County Code Section 21-98, gt sea•) and Turner v. County of Butte (Butte County
Superior Court Case No. 112050; 3 Civil C021574).
STATEMENT
BY BOARD CHAIIt: The Board of Supervisors adopted the County's utility user
tax in 1991. At that time, and continuing until this past
Thursday, Appellate Court decisions relating to
Proposition 62 prohibited voter approval of local tax
measures. Last week, however, the State Supreme Court
overruled the cases on which we relied and held that
measures, such as the utility user tax, must be approved by the
voters.
While the Supreme Court's decision does not directly address
Butte County's utility user tax, and no court has told the
County that its tax is improper, the Board is taking this
opportunity to announce its intention to place the utility user
tax before the voters in the March, 1996 election. In light of
our decision to put the tax before the voters, we are hoping
the plaintiffs will drop their case and we will be able to save
the taxpayers additional moneys.
The Board is confident that the voters will approve the
measure as this revenue is necessary to maintain current levels
of law enforcement, fire protection and library services.
However, the Board will conduct hearings to develop a
modified contingency budget for the period of time from the
date of the election to July 1, 1996, in the event the voters do
not approve the measure.
MOTION: I MOVE TO PLACE THE COUNTY'S UTII,ITY USER TAX
BEFORE THE VOTERS AT THE MARCH, 1996 ELECTION.
S M
l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 291
October 3, 1995
October 3, 1995
95-291 Public Comment. (PRESENTATIONS WILL BE LMTED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM
TAKING ACTION ON ANY ITEM PRESENTID IF TT IS NOT LISTED ON THE
AGENDA.) (104)
1. Everett Johnston, Oroville -Obstruction of people's freedom; two-thirds vote
is four votes; and 5250,000,000 suit his son has filed against the County.
2. Mike Kelley, Oroville -Butte County's utility user tax and the effect of the
recent State Supreme Court ruling.
3. George Menas, Oroville -Butte County's utility user tax and the effect of the
recent State Supreme Court ruling, and its effect on District's currently
assessing this tax on behalf of the County.
4. Charles Caruthers, Cherokee -Butte County's utility user tax and the effect
of the recent State Supreme Court ruling.
5. Jane Davis, Biggs -Butte County's utility user tax and the effect of the recent
State Supreme Court ruling.
6. Nicholaus Monte, Oroville -Butte County's utility user tax and the effect of
the recent State Supreme Court ruling.
7. Bill Wilson, Oroville -Butte County's utility user tax and the effect of the
recent State Supreme Court Wiling, and the size and cost of government.
ADJOURNMENT: There being no further business before the Board, the meeting
was adjourned at 2:43 p.m. to reconvene on Tuesday,
October 10, 1995 at 9:00 a.m.
C
ED McLAUGHLIN, hair
Butte County Board of Supervisors
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk of the Boar f Supervisors
By. ~ fL
Page 292 October 3, 1995