HomeMy WebLinkAboutMINUTES - 09261988 - T.2 r/
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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