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HomeMy WebLinkAboutMINUTES - 09261988 - T.2 r/ T. 2 d THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on - September 26, 1988 , by the following vote: AYES : (see below) NOES: ABSENT : ABSTAIN: SUBJECT : Board of Supervisors Positions on November 1988 Ballot Propositions On September 13 , 1988, the Board of Supervisors fixed this date and time to consider its position on the ballot propositions which will be facing voters on November 8, 1988. The Board of Supervisors received and reviewed a report from the County Administrator summarizing the 29 State propositions on the ballot. As a result of this review, the Board of Supervisors has taken the following positions ( all members of the Board were present and all votes are unanimous except as otherwise indicated) : Proposition Number Board Position 78 NEUTRAL 79 SUPPORT (Ayes: II,III,IV,V) (Noes: None) (Abstain: I ) 80 NEUTRAL 81 SUPPORT 82 SUPPORT 83 SUPPORT 84 SUPPORT 85 SUPPORT 86 SUPPORT 87 NEUTRAL 88 NEUTRAL 89 SUPPORT 90 NEUTRAL 91 NEUTRAL 92 NEUTRAL 93 NEUTRAL 94 NEUTRAL 95 NEUTRAL Page 2 96 SUPPORT 97 SUPPORT 98 NEUTRAL 99 SUPPORT 100 NEUTRAL 101 NEUTRAL 102 OPPOSE 103 NEUTRAL 104 NEUTRAL 105 SUPPORT 106 NEUTRAL The Board also voted to support the following local measures: A (Mt. Diablo School District SUPPORT Special Tax) (Ayes: II,III ,IV,V) (Noes: None) (Abstain: I) B (Acalanes School District SUPPORT Bond Measure (Ayes: II ,III,IV,V) (Noes: None) (Abstain: I ) A copy of the analysis of Ballot Measures on the November 9, 1988 ballot is attached hereto as Exhibit A. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 26 , 1988 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator ByVa —, , Deputy cc: Board Members County Administrator All Department Heads To� •BOARD OF SUPERVISORS n,,./,+J:3i� FROM Phil Batchelor Itra County Administrator C^ t„ DATE: September 20, 1988 C SUBJECT: ANALYSIS OF BALLOT MEASURES ON THE NOVEMBER 8 , 1988 BALLOT SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. Determine on which ballot measures the Board of Supervisors wishes to take a position. BACKGROUND: The Board of Supervisors has indicated that they wish to hold a workshop on the ballot measures which are before the voters on November 8 ,1988 so the Board can determine at one time on which measures the Board should take a position. Following is a brief summary of what each measure will do, an indication of whether the Board has already taken a position on the measure, and a recommendation from county staff on those measures on which staff believe the Board should take a position. . PROPOSITION 78 Provides for a bond issue of $600, 000,000 to provide funds for the construction or improvement of facilities for the University of California, California State University, Community Colleges and the California Maritime Academy. Arguments in support signed by Governor Deukmejian, Senator Gary Hart, UC President David Gardner, State University Chancellor Ann Reynolds and Community College Chancellor David Mertes. Arguments in opposition signed by Libertarian candidates for Congress and State Senate and William McCord, retired state administrator. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None CONTINUED ON ATTACHMENT; _ YES SIGNATURE; X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE X APPROVE OTHER SIGNATURE(S): ✓'�/�` `�f�'" nmw �1 ACTION OF BOARD ON September 2$ APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 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. Coun dministrator CC: my Counsel ATTESTED All Department Heads PHIL BATCHELOR, CLERK OF THE BOARD OF Risk Manager SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPUTY M382/7-83 Page 2 PROPOSITION 79 Provides for a bond issue of $800,000,000 to provide capital outlay for construction or improvement of public schools. Arguments in support signed by Governor Deukmejian, Superintendent Honig, Senator Bergeson and Assemblywoman Speier. Arguments in opposition signed by Roger Magyar, Parents CARE. STAFF RECOMMENDATION: No position PRIOR BOARD POSITION: None PROPOSITION 80 Provides for a bond issue of $817 ,000,000 to provide urgently needed funds to relieve overcrowding in the state' s prisons, county jails and Youth Authority facilities through new construction. Arguments in support signed by Governor Deukmejian, Senator Presley and Larry Stirling. Arguments in opposition signed by Libertarian candidates for Congress. STAFF RECOMMENDATION: No position PRIOR BOARD POSITION: None PROPOSITION 81 Provides for a bond issue of $75,000,000 to provide funds for improvement of domestic water systems to meet minimum drinking water standards. Arguments in support signed by Assemblymen Leonard and O' Connell. Arguments in opposition signed by Libertarian candidates for Congress and by the Director of the Topanga-Las Virgenes Resource Conservation District. STAFF RECOMMENDATION: Support PRIOR BOARD POSITION: None PROPOSITION 82 Provides for a bond issue of $60,000, 000 to provide funds for a local water projects assistance program, water conservation programs and groundwater recharge facilities. Arguments in support signed by Senator Mello and Assemblymen Costa and Waters. Arguments in opposition signed by Libertarian candidates for Congress and by the Director of the Topanga-Las Virgenes Resource Conservation District. STAFF RECOMMENDATION: Support PRIOR BOARD POSITION: None EwRlff Q Page 3 PROPOSITION 83 Provides for a bond issue of $65,000,000 to provide funds for water pollution control and water reclamation projects and makes changes in the Water Conservation and Water Quality Bond Law of 1986 and the Clean Water Bond Law of 1984. Arguments in support signed by Senator Mello and Assemblyman Costa. Arguments in opposition signed by Libertarian candidates for various positions, an environmental activist and William McCord, retired state administrator. STAFF RECOMMENDATION: Support PRIOR BOARD POSITION: None PROPOSITION 84 Provides for a bond issue of $300,000, 000 to provide funds for six housing programs, including: 1. $200,000,000 for the Rental Housing Construction Program. 2 . $25,000, 000 for the Special User Housing Rehabilitation Loan Program. 3 . $25, 000;000 for the Emergency Shelter Program. 4. $10 ,000,000 for the Migrant Housing Program. 5. $25, 000,000 for a new Home Purchase Assistance Program. 6. $15,000,000 for a new Family Housing Demonstration Program. Arguments in support signed by Senator Roberti, the Executive Director of Vietnam Veterans of California, the Director of the Congress of California Seniors, Inc. , the Director of the California Council of Churches, a Lt. Col. in the Salvation Army and the Cochairperson of the California Homeless Coalition. Arguments in opposition signed by a Libertarian candidate for the Assembly, an attorney, a businessman and a retired state administrator. STAFF RECOMMENDATION: Support PRIOR BOARD POSITION: None PROPOSITION 85 Provides for a bond issue of $75 , 000, 000 to provide funds for a library construction and renovation program. Arguments in support signed by Senators Keene, Maddy, and Bergeson, the President of the State PTA, Mayor Bradley and the Executive Vice President of the California Taxpayers ' Association. Arguments in opposition signed by Libertarian candidates for Congress and the Senate. STAFF RECOMMENDATION: Support PRIOR BOARD POSITION: Board supported the underlying legislation (SB 181) on March 1. 1988 . Page 4 PROPOSITION 86 Provides for a bond issue of $500,000,000 to provide funds for the construction, reconstruction, remodeling, replacement, and deferred maintenance of county correctional facilities and county juvenile facilities and to provide funds to youth centers and youth shelters. Arguments in support signed by Senator Presley, Sheriff Block of Los Angeles County and CSAC President Supervisor Barbara Shipnuck. Arguments in opposition signed by Libertarian candidates for Congress and the Assembly. STAFF RECOMMENDATION: Support PRIOR BOARD POSITION: None PROPOSITION 87 : (Legislative Constitutional Amendment) Authorizes the Legislature to require that all revenue raised by a taxing agency to repay voter approved bonded indebtedness go to the taxing agency to repay the bonded indebtedness rather than having a portion of the revenue transferred to a redevelopment agency as is now the case. Requires implementing legislation if approved by the voters. Arguments in support signed by Assemblyman O' Connell, Executive Vice-President of the California Taxpayers ' Association and a candidate for the Assembly. No arguments filed in opposition. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None PROPOSITION 88 (Legislative Constitutional Amendment) Authorizes the Legislature to provide for the deposit of public monies in any federally insured industrial loan company in California. Arguments in support signed by the State Controller and Assemblymen Patrick Johnston and John Lewis. No argument filed in opposition. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None PROPOSITION 89 (Legislative Constitutional Amendment) Provides that no decision of the parole board is effective for 30 days. During this period of time the Governor is allowed to affirm, modify, or reverse a parole authority decision based on the same factors which the parole authority considers. The Governor is required to report the facts and reasons for each parole decision to the Legislature. Arguments in support signed by Governor Deukmejian, Senator Boatwright, Assemblyman Condit and the Los Angeles County District Attorney. Argument in opposition signed by The Rev Paul Comiskey, S.J. on behalf of the Prisoners Rights Union. URDU Page 5 STAFF RECOMMENDATION: Support PRIOR BOARD POSITION: Board supported the underlying legislation (SCA 9) on May 5, 1987 . PROPOSITION 90: (Legislative Constitutional Amendment) Authorizes the Legislature to extend the provisions of current law under which a person 55 years of age or over can transfer the current assessed value of their home to a replacement dwelling of equal or lesser value located in the same county, to permit the transfer of assessed value to replacement dwellings located in different counties if the county where the replacement dwelling is located adopts an ordinance agreeing to participate in the program. Arguments in support signed by Senators Cecil Green, Campbell and Mello, Assemblymen Elder and Isenberg and the Chair of the Legislative Committee of AARP. Arguments in opposition signed by a representative of San Francisco Grassroots and an attorney. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None PROPOSITION 91: (Legislative Constitutional Amendment) Makes justice courts courts of record and requires that to be a justice court judge an individual must have been a member of the state bar for five years. Arguments in support signed by Assemblyman Stirling, the President of the California Judges ' Association and the President of the State Bar. Arguments in opposition signed by an attorney. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None PROPOSITION 92: (Legislative Constitutional Amendment) Authorizes the Commission on Judicial Performance to conduct public hearings against judges accused of moral turpitude, dishonesty or corruption. Limits members of the Commission to two four-year terms. Arguments in support signed by Senators Davis and Lockyer and Assemblyman McClintock. Arguments in opposition signed by Steve D. Wilson, PhD. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None PROPOSITION 93 : (Legislative Constitutional Amendment) Eliminates current residence requirement for a veteran to be eligible to claim the $1000 exemption from the assessed value of their real property. Currently a veteran must have been a California resident upon entry into military service or on November 3 ,1964. Page 6 Arguments in support signed by Senator Deddah, the Chairman of the State Board of Equalization and the California State Commander of the American Legion. No argument filed in opposition. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None PROPOSITION 94: (Legislative Constitutional Amendment) Permits judges of courts of record to accept part-time teaching positions that are outside the normal hours of their judicial position and do not interfere with the regular performance of their judicial duties. Arguments in support signed by Assemblyman Chacon, the President of the California Judges Association and the President of the State Bar of California. Arguments in opposition signed by an attorney. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None PROPOSITION 95: ( Initiative Statute) Imposes new fines for violations of certain health and safety laws with building standards and food preparation. Creates a public corporation to disburse the proceeds of the new fine revenue for emergency and transitional services for hungry and homeless persons and for low-income housing. Arguments in support signed by Conway H. Collis, member of the State Board of Equalization, Senator Campbell, Mayor Bradley, the President of the California Association of Food and Drug Officials, actress Valerie Harper and The Rev Joseph A. Carroll. Arguments in opposition signed by Assemblyman Harvey, the President of the California Grocers Association, the President of the California Environmental Health Association, the Executive Vice President of the California Restaurant Association and a Professor of Health Science. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None PROPOSITION 96 : ( Initiative Statute) Requires courts in criminal and juvenile cases, upon finding of probable cause to believe bodily fluids were possibly transferred, to order persons charged with certain sex offenses or of certain assaults, to provide specimens of blood for testing for AIDS. Provides notification to specified persons of the test results. Requires medical personnel in correctional facilities to report inmate exposure to such diseases and notice to personnel who come in contact with such inmates. Provides confidentiality of information that is reported. Arguments in support signed by Senator Davis, Los Angeles County Sheriff Block, and a member of the Los Angeles County AIDS Commission. RENY A Page 7 Arguments in opposition signed by the San Francisco Sheriff, the President of the Health Officers ' Association of California and the Chairman of the State Department of Health Services Task Force on AIDS. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None PROPOSITION 97 : ( Initiative Statute) Requires funding be restored for the California Occupational Safety and Health Program. Arguments in support signed by the Los Angeles County District Attorney, the President of the League of Women Voters, the President of the California Medical Association, the State Director of the Sierra Club, the Executive Secretary-Treasurer of the California Labor Federation, and the President of the California Society of Industrial Medicine and Surgery. Arguments in opposition signed by Governor Deukmejian, the Chief of the State Division of Occupational Safety and Health and the former President of the California Chamber of Commerce. STAFF RECOMMENDATION: Support PRIOR BOARD POSITION: On September 13 ,1988, the Board voted to support Proposition 97. PROPOSITION 98: (Initiative Constitutional Amendment and Statute) Requires that all state revenue in excess of the state' s "Gann" limit be dedicated to school districts and community colleges. Requires that these additional funds be dedicated to instructional improvement and accountability, reducing class size and related specified purposes. Arguments in support signed by Superintendent Honig, the President of the Association of California School Administrators, the President of the California Teachers Association and the President of the California PTA. Arguments in opposition signed by Governor Deukmejian, the Chairman of the California Commission on Educational Quality and the Executive Vice President of the California Taxpayers ' Association. STAFF RECOMMENDATION: Oppose PRIOR BOARD POSITION: None PROPOSITION 99: ( Initiative Constitutional Amendment and Statute) Increases the excise tax on cigarettes by 1 1/4 cents per cigarette ( 25 cents per pack of 20 cigarettes) and dedicates the additional revenue to treatment and research of tobacco-related diseases, school and community health education programs about tobacco, fire prevention and environmental conservation and damage restoration programs. Exempts the additional revenue from the state ' s "Gann" limit. Arguments in support signed by The Attorney General of California, the President of the American Cancer Society (California Division) , the Regional Director of the Wilderness Society, a retired Surgeon General, the immediate past President of the American Lung Association and the Coordinator of the California Association of School Health Educators and Health Teacher. Page 8 Arguments in opposition signed by Assemblymen Baker and Floyd, Paul Gann, and the National Chairman of the Latino Peace Officers Association. STAFF RECOMMENDATION: Support PRIOR BOARD POSITION: On September 20, 1988 the Board voted to support Proposition 99. PROPOSITION 100 : ( Initiative Statute) Reduces rates for good drivers 20% below their January 1,1988 level and requires future 20% discounts for good drivers. Requires the state to regulate the insurance industry. Abolishes the insurance industry' s anti-trust exemption, and requires the Insurance Commissioner to approve any rate increase that exceeds 7. 5% for individuals or 15% for commercial customers. Prohibits a no-fault insurance system. Prohibits limits on attorney' s fees. Requires that auto insurance rates be based primarily on a customer' s driving record rather than the driver' s place of residence. Arguments in support signed by The Attorney General of California, the State Administrator of MADD, the Director of the Congress of California Seniors, the President of the Insurance Consumer Action Network, the President of the National Insurance Consumer Organization and the Executive Director of the Consumer Federation of America. Arguments in opposition signed by Senator Davis, the President of the California Farm Federation and the Former Chair of the California Democratic Party. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None PROPOSITION 101: ( Initiative Statute) Mandates a four-year 50% reduction in bodily injury premiums. Would limit "pain and suffering" damages from auto accidents to 25% of out-of-pocket expenses unless the accident caused death, disfigurement or injuries that are serious and permanent. Limits lawyers ' fees to no more than 25% of economic losses. Arguments in support signed by Senator Seymour, Assemblymen Polanco and Roos, Orange County Supervisor Don Roth and May Shotwell of Seniors Advocacy Services. Arguments in opposition signed by The Attorney General of California, Los Angeles City Councilwoman Gloria Molina, Edward Roberts ( former Director of the State Department of Rehabilitation) and Harry Snyder of Consumers Union of the U.S. , Inc. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None PROPOSITION 102: ( Initiative Statute) Requires doctors, blood banks and others to report to local health officers the names of patients and blood doners whom they reasonably believe to have been infected by or tested positive for the AIDS virus. Restricts confidential testing. Directs local health officers to notify the reported person' s spouse, sexual partners and others possibly exposed. Allows the use of AIDS test results for employment and insurability purposes. Makes it a felony for persons with knowledge of infection or positive test to donate blood. Page 9 Arguments in support signed by Congressman Dannemeyer, Paul Gann, and three physicians. Arguments in opposition signed by Lt. Governor McCarthy, Mayor Bradley, the President of the California Medical Association, the President of the Health Officers' Association of California and the President of the California Nurses Association. STAFF RECOMMENDATION: Oppose PRIOR BOARD POSITION: On August 16,1988 the Board voted to oppose Proposition 102 . PROPOSITION 103 : ( Initiative Statute) Requires an immediate rollback in auto and other home and business insurance rates to 20% below the charges in effect November 8,1987 . It would also mandate an additional 20% reduction in auto insurance rates for good drivers. Requires that the State Insurance Commissioner be elected. Public hearings and approval of the commissioner would be required for rate increases. Arguments in support signed by Ralph Nader and Harvey Rosenfield. Arguments in opposition signed by Senators Campbell and Davis, former Assemblyman Alister McAlister, the President of the California Chamber of Commerce and David Davreux, author of the Consumers ' Guide to Auto Insurance. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None PROPOSITION 104: ( Initiative Statute) Enacts a no-fault insurance system in which auto accident victims are guaranteed medical and work-loss benefits from their own insurance company, regardless of fault. Cuts rates for personal injury coverage by 20%, resulting in an overall average _ premium reduction of 7% to 17%. The no-fault coverage would compensate auto accident victims for medical expenses up to $10,000, lost wages up to $15,000 and provide a $5,000 funeral benefit. Victims could sue for damages in excess of these limits or for "pain and suffering" only if doctors deemed their injuries "serious and permanent" . Attorneys ' fees would be limited to 1/3 of the first $50,000 of an award, 25% of the next $50,000 and 150 of anything in excess of $100, 000. No public official would be allowed to regulate insurance rates. . Arguments in support signed by Senator Nielsen, Assemblyman Nolan, former Mayor Dianne Feinstein, the President of the California State Automobile Association, the President of the Southern California Auto Club and the former Chair of the California Democratic Party. Arguments in opposition signed by Ralph Nader and Harvey Rosenfield. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None 1 Page 10 PROPOSITION 105: ( Initiative Statute) Requires disclosures as follows: 1 . Advertiser' s warnings regarding disposal of toxic household products with specified exceptions. 2 . Notices regarding coverage limits and insurance offeror' s identity on insurance policies that supplement Medicare. 3 . Disclosures in nursing home contracts and advertisements regarding access to State Ombudsman and facility violation information. 4. Disclosures by initiative and referendum committees as to contributors. 5. Disclosures by corporations selling stocks in the state whether or not they are doing business in South Africa or with any person or group located there. Arguments in support signed by Jim Rogers, President of Consumers United for Reform; Lois McKnight, Director of the Nursing Home Ombudsman Program of Contra Costa County; Bill Shireman, Executive Director of Californians Against Waste; George Sandy, President of the Congress of California Seniors; Ken McEldowney, Executive Director of Consumer Action and Margaret Byrne, Administrator of Bay Area Advocates for Nursing Home Reform. Arguments in opposition signed by James Caudill, Household Products Disposal Council. STAFF RECOMMENDATION: Support PRIOR BOARD POSITION: None PROPOSITION 106 : ( Initiative Statute) Provides limits on attorney' s fees that are more stringent than those proposed in Proposition 104. Fees in all damage suits would be .limited to 250 of the first $50, 000 recovered, 150 of the next $50,000 and no more than 100 of any amount over $100,000. Arguments in support signed by Senator Nielsen, Assemblymen McClintock and Eaves, the Chairman of the Board of Seagate Technology, a UC Law Professor and Regis McKenna. Arguments in opposition signed by Mayor Bradley, Ralph Nader, The Executive Director of Asbestos Victims of America, the Executive Director of the National Victim Center and the Executive Director of the California Center on Victimology. STAFF RECOMMENDATION: No Position PRIOR BOARD POSITION: None