HomeMy WebLinkAboutMINUTES - 08291989 - 2.1 O: Board of Supervisors
FROM: Phil Batchelor, County Administrator � r-
DATE: August 28, 1989
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SUBJECT: STATUS REPORT ON 1989 LEGISLATIVE PROGRAM
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION:
Acknowledge receipt of this third status report from the County Administrator on the Board's Legislative Program
for 1989 and request the County Administrator to prepare a similar report following the adjournment of the
Legislature and final action on all bills by the Governor.
BACKGROUND:
On December 6, 1988 the Board of Supervisors approved its 1989 Legislative Program. Now that many bills have
passed their house of origin and are awaiting final action in the second house,it is timely to report to the Board on
the status of those measures which were considered to be the highest priority for adoption in 1989. What follows
is a restatement of each of some 23 items from the Board's 1989 legislative program along with the status of each.
The current status of each itein is in bold to distinguish it from the original statement included in the Board's
legislative program for 1989.
1. Authorize counties to levy an"override"on property taxes to fund the County contribution to the retirement fund
as a voter-approved indebtedness.
Current law allowed counties to levy an"override"on property taxes only during the 1982-1983 and 1983-1984
fiscal years.In order to give the Board of Supervisors an opportunity to determine whether they wish to impose
all or a part of the County's voter-approved retirement costs as an override on the property tax it is necessary
to either repeal the sunset date or move it ahead into the future a year or so to provide the Board of Supervisors
with a"window" within which to make such a decision. (See R &T 97.65)
Continued on attachment: yes Signature: 6AZ4
Recommendation of County Administrator Recommendation of Board Committee
_ Approve Other:
Signature(s): 2Z",ZZ,ZZ�� Le4e .�
Action of Board on: August 29 1989 Approved as Recommended X Other
Vote of Supervisors 1 HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X Unanimous (Absent Z_LZ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain: ;_9 /,9 ey
cc: County Administrator Attested
Les Spahnn, JacksonBarish &Associates Phil Batchelor, Clerk of the Board
All Department Heads (via CAO) of Supervisors and County Administrator
Legislative Delegation (Via CAO)
By � , Deputy Clerk
CLVM:eh(legrptbo)
• Assemblyman Campbell has introduced this legislation for the Board of Supervisors as AB 1202. The bill
has passed the Assembly Floor and the Senate Local Government Committee and is awaiting final action
on the Senate Floor. The bill has been placed on the Senate inactive file at the request of the County
Administrator until we are able to work out a compromise with the Governor's Office whereby we will
stand some chance of getting the bill enacted into law.
2. Repeal Oakland Zoo funding; in Trial Court Funding Act.
This provision,which was added to the trial court funding bill the last evening of the 1988 Session,has nothing
to do with the Trial Court Funding Program and should not have been included in it. The requirement that the
Board of Supervisors provide$50,000 a year to the Oakland Zoo preempts the responsibility of the Board of
Supervisors to decide priorities for use of the General Fund money freed up by the Trial Court Funding Act.
When combined with the requirement that the County transfer a portion of its property tax revenue to certain
cities, the Trial Court Funding Act as it affects this County makes the whole program less attractive.
It appears unlikely that the County will be successful in entirely repealing this provision. However,the
County is considering other efforts to increase revenue in other areas which will offset the loss of revenue
in this area. No specific action has been taken in this regard since our last status report to the Board.
3. Add one Municipal Court Judge to the Delta Municipal Court.
Senator Boatwright has introduced SB 468 for this purpose and Assemblyman Isenberg has introduced
AB 1908 for this same purpose. SB 468 has passed the Senate Judiciary Committee and is currently on
the Suspense File in the Senate Appropriations Committee. AB 1908 is being held at this time in the
Assembly Judiciary Committee.Assemblyman Isenberg has advised us that there will be no new judges,
created in 1989. However,we are well positioned to have the additional Municipal Court Judge created
in 1990.
4. Increase tipping fee to pay for solid waste public education programs.
The Board of Supervisors has made it clear that this is a priority item in order to provide funding for a solid waste
public education program.The intent here is simply to obtain state approval to include public education programs,
within those programs which are a legitimate expenditure from the current tipping fee. At present this fee can
be used only for the planning and preparation of the solid waste management plan. A separate tipping fee is
available for the enforcement actions necessary to insure that sanitary disposal site operators are properly
complying with current state and county regulations. (See GC 66784.3)
Assemblywoman Eastin has been approached about amending current legislation in order to permit the
tipping fee to be used to fund a solid waste public education program. Assemblywoman Eastin has asked
for more details regarding the type of public education program the County has in mind in order to
determine whether legislation is,in fact,required in order to permit expenditures for this purpose. The
Community Development Department staff have drafted an outline of the type of public education
program which we have in mind. Based on this outline,County Counsel has concluded that legislation
is necessary to allow the current tipping fee to be used for a public education program. Language to
accomplish this has been drafted and we will attempt to have it placed in an existing bill dealing with solid
waste.
5. Include Contra Costa County in AB 55812ilots to test the value of using foster care funds to prevent placements.
Current law enacted in 1988 allows three counties,including Solano County,to use a portion of their foster care
funds to provide an intensified social work program designed to prevent the need to place a child in out-of-home
care. If these efforts are successful there should be sufficient savings in foster care funds to offset the cost of
the additional staff. The Social Service and Probation Departments hope to design a multi-agency,
interdisciplinary team which can provide the same type of intensified support services for a family, but using
a variety of professional staff from the Social Service,Probation,Schools and Mental Health Departments. The
intent here is to have Contra Costa designated as a pilot county to test this concept, similar to that provided for
in AB 558, but broadened to include staff from other disciplines.
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• Assemblyman Campbell has introduced AB 899 for this purpose. AB 899 has passed the Assembly Floor
and the Senate Health & Human Services Committee. The bill is scheduled to be heard in the Senate
Appropriations Committee on August 30, 1989. Conversations with the State Department of Social
Services have resulted in compromises which are acceptable to the County and have removed any
apparent opposition from the State Department of Social Services. AB 899 will allow this County to extend
its Family Preservation Program county-wide,using foster care funds to finance the additional intensive
and inter-disciplinary staff efforts which are required to eliminate the need to place a child in foster care
or reduce the amount of time a child remains in foster care.
6. Reintroduce"Buy-America"Legislation similar to SB2185 of 1988.
In 1988 legislation was introduced at the request of the Board of Supervisors to allow local governments and
the state to require the use of domestic products in major construction projects like highways,bridges and the
West County Justice Center. The bill ran into trouble with opposition from a number of domestic firms that
purchase semi-finished products from foreign suppliers and then finish it locally. SB 2185 was not drafted
carefully enough to permit such situations to be included within the definition of"domestic"products. If the
language is more carefully drawn to permit this type of situation we believe we have a reasonable chance of
getting it passed.
Each member of this County's legislative delegation has been approached about introducing this
legislation. Each has declined to carry the legislation. While we will continue to pursue legislation in this
area,it does not appear likely that we will be successful this year. No further activity is planned in this
area during 1989.
7. Provide Funding for an Abandoned Vehicle Program.
The County,and most other cities and counties in the state,are caught in a bind in terms of obtaining state funding
for an abandoned vehicle program. The Legislature is apparently.willing to pass a statewide,mandated$1.00
surcharge on vehicle registrations to pay for an abandoned vehicle program. However,it appears likely that the
Governor will veto such legislation on the basis that it is a tax increase. The Governor is more likely to sign
legislation which authorizes each county to impose such a surcharge. However,such an optional"tax"requires
approval of the voters. Since it seems unlikely that the Governor will sign any surcharge on vehicle registrations
which does not require a vote of the people it is recommended that the County press for legislation which provides
for such an option,either sponsoring such legislation or providing substantial support to CSAC or other counties
and cities who may sponsor such legislation.
Assemblyman Steve Clute has introduced AB 1441 at our request for this purpose. AB 1441 has passed
the Assembly Floor,the Senate Transportation Committee and the Senate Appropriations Committee.
AB 1441 is now on the Senate Floor for a vote,following which it will have to be returned to the Assembly
Floor for a final vote on concurrence in the Senate amendments. AB 1441 allows the County and cities
to establish an authority which would have the responsibility to impose the additional $1 surcharge on
vehicle registrations for a five year period and operate the abandoned vehicle abatement program. We
are continuing to attempt to determine exactly what type of measure has the best chance of being signed
by the Governor. However,we are hopeful that the Governor will sign AB 1441 since it is patterned on
the Service Authority for Freeway Emergencies which is responsible for freeway call boxes and which is
also funded by a$1 surcharge on vehicle registrations.
8. Increase Excise Tax on Alcoholic Beverages.
The Board of Supervisors has clearly indicated its intent to try for legislation in 1989 that will provide for at least
a modest increase in the excise tax on alcoholic beverages. It is believed that such legislation has a reasonable
chance of passage only with the support of the alcoholic beverage industry. Their opposition will more than likely
doom the County's efforts. The Board of Supervisors has,therefore,directed the County Administrator to seek
a meeting with representatives of the alcoholic beverage industry in an effort to reach a compromise on
legislation. If such a compromise proves not to be possible the Board of Supervisors may wish to consider
pursuing an initiative campaign in 1990. This item is listed here primarily for the purpose of attempting to reach
such a compromise. A major effort probably cannot be successfully mounted in the Legislature without such
a compromise.
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This item,which is currently on referral to the Internal Operations Committee,is being pursued along
the lines of either legislation this year or an initiative campaign in 1990. Assemblyman Connelly is leading
the initiative effort. We will continue to track activity in this area and will report regularly to the Internal
Operations Committee. There are currently several pieces of legislation pending which would increase
the excise tax on alcoholic beverages. The only bill which is moving at this time is SB 1597 (Alquist). As
amended May 11, 1989 the bill would increase the tax on wine from one cent per gallon to ten cents per
gallon. SB 1597 has passed the Senate Floor and is currently on referral to the Assembly Revenue &
Taxation Committee. It seems increasingly likely that an initiative effort will be required in order to
produce the level of excise tax increase which is desired by the sponsors of such a tax increase.
9. Increase amount of liability for causing unnecessary emergency response.
Under current law, an individual who causes an emergency response by fire, medical or law enforcement
personnel because of the abuse of alcoholic beverages while operating an automobile or boat can be billed for
the actual cost of the response up to$1000 for incident. It has been suggested that$1000 may not bean adequate
figure. It is therefore recommended that the Board of Supervisors seek an increase to$1000 per emergency
response agency up to a total not to exceed $5000 per incident. (See GC 53155).
Senator Royce,who authored the original emergency response liability legislation,has introduced SB 318
for this purpose. The bill is still in the Senate Judiciary Committee and probably will not receive further
consideration until next year.
10. Increase small claims certified mailing fee to reflect actual cost of mailing..
Under current law a court often mails documents for the plaintiff or defendant using certified mail. The fee which
can be charged for this purpose is currently$3.00. This does not cover the actual mailing cost and administrative
costs of the court staff. Therefore,it is recommended that this fee be increased to.a figure which will reimburse
the court for actual mailing costs,rounded to the next higher dollar figure and then indexed for future increases
in mailing costs. (See CCP 117.14)
Assemblyman Elihu Harris amended this provision into his AB 9,which has now passed and been signed
into law as Chapter 15, Statutes of 1989. The bill contained an urgency clause and therefore became
effective May 10, 1989 when it was signed by the Governor.
11. Allow administrative fee on dismissal of financial responsibility to see if it reduces caseload.
Under current law, a driver is required to carry proof of insurance in his or her vehicle at all times. If a driver
is found by a law enforcement officer to not have appropriate proof of insurance in the vehicle when the driver
is stopped for any other reason the driver can be cited. However,if the driver has insurance but simply did not
have it available in the vehicle the driver need only produce proof of the fact that he or she has insurance and
the citation is normally dismissed. This causes a great deal of work for the court personnel and the entire
procedure produces no revenue for the court. It is therefore suggested that a $10.00 administrative fee be
authorized for cases where the citation is dismissed to see whether the knowledge that a driver will at least have
to pay a $10.00 fee even if the citation is dismissed would be a deterrent to failure to carry proper proof of
insurance coverage and thereby reduce the burden on the courts. It is suggested that this might even be a pilot
project with Contra Costa County serving as the pilot to see whether the administrative fee reduces the number
of citations that are issued.
Assemblyman Campbell has introduced AB 2488 on behalf of this County for this purpose. In addition,
Assemblyman Frizzelle has amended his AB 1358. AB 1358 would now allow the County to impose an
administrative fee of$35 on each dismissal of a citation for failure to have proof of financial responsibility
available in the vehicle. AB 1358 has passed the Assembly and was scheduled to be heard in the Senate
Appropriations Committee on August 22, 1989. One issue which has to be resolved is that the entire
financial responsibility program sunsets as of January 1,1990. If the program is not going to be continued
then there is no need for our administrative fee. If the sunset date is eliminated or extended then AB 1358
will provide the administrative fee we have sought. Assemblyman Willie Brown is carrying AB 1363 and
AB 2315,both of which repeal the sunset on the financial responsibility laws. In addition both bills impose
an additional penalty assessment of$50 for each month that the driver did not comply with the financial
responsibility law. AB 1363 is in the Assembly Transportation Committee. AB 2315 has passed the
Assembly Floor and is currently in the Senate Judiciary Committee.
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12. Allow County to recover costs of successfully prosecuting a civil or criminal violation of nuisances.
Under current law if an individual repeatedly violates nuisance ordinances County Counsel can take the
individual to court on civil or criminal charges. However, if the County is successful there is no way for the
County to recover from these deliberate,repeat violators the often extensive administrative and legal costs which
are sustained by the County. These costs can discourage the County from prosecuting such cases. It is,therefore,
suggested that counties (and cities, if they wish) be authorized to recover their reasonable administrative and
legal costs when they successfully prosecute such a case. (Add GC 25845.5)
Senator Boatwright introduced SB 618 for this purpose. The bill has been amended to allow the County
to recover three times the cost of the abatement. In this form the bill has passed the Legislature and has
been signed into law. It is now Chapter 114, Statutes of 1989.
13. Waive 2-year time limit on complex assessment appeals
During the 1988 legislative session the County had legislation introduced which would have allowed a waiver
of the two-year time limit within which assessment appeals must be processed where the amount of the
assessment which is in dispute exceeds$10 million. This legislation grew out of a concern that the County would
be unable to complete processing of the assessment appeals filed by Tosco Oil Co. within the current two-year
time limit. This time limit helps to protect residential homeowners from the sometimes slow process of
government. Eventually the assessment appeals were settled to the County's satisfaction.The issue still remains
unresolved,however. While a two-year limit is appropriate for residential and most commercial property there
are difficult and highly technical assessment issues facing such property as oil refineries and other large industrial
firms which often cannot be resolved within the two-year statutory period. It is therefore suggested that the
County seek authority to waive the two-year limit where the amount of the assessment in dispute exceeds $10
million. This will exclude all but the largest and most complex of such appeals.
Since the Tosco assessment appeal has been resolved successfully most legislators are unwilling to carry
this legislation at this time. We are currently continuing to work on this item,but it appears unlikely that
we will be successful this year. No further action on this item is anticipated during 1989.
14. Allow public member on parole board to have an alternate
Undercurrent law the membership of a County Board of Patrol Commissioners consists of the Sheriff,the County
Probation Officer and a public member selected by the Presiding Judge. The Sheriff and the County Probation
Officer have the opportunity under the law to appoint alternates from their offices to represent them at meetings .
of the County Parole Board. No such authority exists for the public member. While this has not been a problem
in the past,the inception of the maximum supervision parole program in 1987 has increased the number of parole
applications and thereby the number and length of meetings which have to be held. It is therefore recommended
that the Presiding Judge be authorized to select not only the public member but an alternate for him or her as
well. This would relieve the burden on public members who have other responsibilities and cannot necessarily
dedicate several half days a month to this task. (See PC 3085).
This is seen as a non-controversial measure which Senator Mello has amended into his SB 1062 which has
passed the Senate and the Assembly Ways & Means Committee.The bill is currently pending a vote on
the Assembly Floor,following which it will have to go back for a final vote on the Senate Floor to concur
in the Assembly's amendments.
15. Partial Block Grant for Temporary Court Commissioners
Under current law only two counties have authority to appoiat temporary court commissioners under a tightly
supervised and structured program. These counties are Contra Costa and Napa. Under the Trial Court Funding
Act counties are entitled to a block grant of$212,000 for each judicial position which is authorized by the
Legislature. However, Contra Costa and Napa
Counties are not entitled to any reimbursement for the temporary court commissioner positions which are
authorized by the Legislature for those counties. It is recommended that these two counties be authorized a partial
block grant payment based on the proportion of a full-time position which is represented by the actual number
of hours which the temporary court commissioners work in a year. (See GC 73362.1).
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e Senator Robert Presley has amended his SB 1669 to include our temporary court commissioners as
eligible positions to be counted toward the Trial Court Block Grant. SB 1669 has passed the Senate and
the Assembly Judiciary Committee and is now on referral to the Assembly Ways & Means Committee.
16. Extend Courthouse Construction fee of$2 per$10 of filing fee to small claims and civil cases.
Undercurrent law persons found guilty of vehicle code violations pay most of the penalty assessments for the
courthouse construction fund. And yet, these individuals often use the courthouse the least of all violators,
particularly in the municipal court. Many such violators never appear in court but nevertheless pay a penalty
assessment to assist with the construction of the courthouse facilities for the County. Current law places no such
assessment on civil claimants and small claims claimants all of whom,by definition,use the courthouse facilities
regularly. It is therefore suggested that the current courthouse construction penalty assessment of$2.00 for each
$10.00 of fine be imposed on civil and small claims claimants by charging them$2.00 for each$10.00 of filing
fees they pay.
Senator Alquist has amended his SB 430 to provide that if either of the proposed Courthouse Construction
Bond Issues passes the Legislature and is approved by the voters, those counties which receive funds
pursuant to the bond issue may collect a surcharge of up to $25 on all civil matters except domestic
relations proceedings and matters which are within the monetary jurisdiction of the small claims court.
These funds would have to be used as matching funds for any Courthouse Construction bond funds the
County might receive. SB 430 has passed the Senate Floor and the Assembly Judiciary Committee.It now
goes to the Assembly Floor for a vote and then back to the Senate Floor for a final vote on concurrence
in the Assembly's amendments.While SB 430 excludes small claims cases and ties the imposition of the
assessment to the need to provide matching funds for the bond proceeds, it will provide the County a
substantially improved flow of revenue with which to finance new courthouse construction.
17. Re-introduce SB 458 to allow administrative fee on certain vehicle code actions in Contra Costa County.
In 1986 legislation was introduced to allow Alameda County to impose a municipal court administrative
assessment of not to exceed$10.00 to cover the cost of recording and maintaining a record of convictions for
vehicle code violations and the cost of notifying the DMV. In addition this legislation authorized Alameda
County to establish a fee in both the Municipal Court and Superior Court for the processing of accounts receivable
for fines owed in criminal cases,not to exceed$30.00 Contra Costa asked to be added to this legislation. The
author agreed. However, so many counties asked to be added that the author eventually allowed the bill to be
made applicable statewide. It,thereby,lost some critical support in the Legislature and in order to get it passed
the author amended the bill back to include only Alameda County,although the author had agreed to leave Contra
Costa County in the bill.The legislation was eventually enacted with only Alameda County included. In an effort
to correct this oversight the author introduced SB 458 in 1987. This legislation never went anywhere and the
County still needs to have the authority,currently granted only to San Diego and Alameda Counties,to impose
these assessments. (See GC 72062).
Senator Petris introduced SB 358 for this purpose.This bill has passed the Legislature and has been signed
into law by the Governor. SB 358,which is now Chapter 49,Statutes of 1989,authorizes any county to
impose these additional administrative assessments.
18. Amend 1463 PC dealing with Kensington to allow for local agreement to alter percentage of split in fines and
forfeitures.
Under current law the percentage of fees,fines and forfeitures that go to cities and counties are specified. Local
jurisdictions are able to alter these percentages by mutual agreement. No such authority exists to alter the
percentage split that goes to a special district like the Kensington Community Services District that provides law
enforcement services. Authority exists to adjust these percentages with BARTD and the Municipal Court
Administrator requests authority to adjust these percentages with the Kensington Community Services District.
(See PC 1463 (1)(c)).
This provision,which we do not think is controversial,will be amended into another bill at some point
this session if at all possible.
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19. Require DMV to accept Holds on all traffic offenses for failure to pay fine.
Under current law DMV accepts Drivers' License holds on the more serious vehicle code offenses for failure
to pay a fine or otherwise to comply with a court order. The only alternative a Judge has under current law for
less serious offenses is to issue a bench warrant, a much more serious action than simply refusing to renew a
Drivers' License until all fines are cleared. This leaves us with a situation where a Judge may have to issue a
bench warrant for a muffler violation whereas a speeding ticket which is not paid results only in a hold on the
Drivers' License. We would like to determine the willingness of DMV to accept holds on all vehicle code
violations,thereby eliminating the need for many bench warrants and establishing a more consistent penalty for
failure to pay a fine. If DMV is willing we would like them to join us in sponsoring legislation to require DMV
to accept holds on all vehicle code violations.
Senator Beverly introduced SB 1002 for this purpose.While SB 1002 exempts some vehicle code violations
such as parking,pedestrian,bicycle,off-highway and open alcoholic container violations,the substance
of what was included in the Board's legislative program for this item is included in SB 1002. SB 1002
passed the Legislature and has been signed into law by the Governor as Chapter 126;Statutes of 1989.
20. Increase civil automation and micrographics fee from$1.00 to an amount acceptable to the Legislature
Under law in effect until August of 1988 the Board of Supervisors was able to increase the fee which is charged
on civil filings to pay for micrographics conversion and automation of court records. Some counties apparently
abused this right and pushed up the fee to unacceptable levels. As a result,at the end of the last session of the
Legislature, a bill was passed which removed this authority from the Board of Supervisors. In Contra Costa
County this fee was at$8.00. The change in law returned this fee to the statutory maximum of$1.00. This fee
is inadequate to finance the micrographics and automation which is required in the courts. It is, therefore,
suggested that the County sponsor legislation which will increase this fee under legislative control to whatever
level the Legislature is willing to accept, hopefully to about $8.00.
We have had Assemblyman Cortese amend AB 1638 to provide for increases in the micrographics and
civil automation fees. Final amendments are still being made to the bill,which is currently pending in
the Assembly Judiciary Committee. If we are unsuccessful in getting this bill out of the Assembly
Judiciary Committee,as seems likely at this point,arrangements are being discussed with another author
to increase the micrographics and civil automation.fee by$4 in both Superior and Municipal Court for
a period of six years. While this will not generate as much revenue as AB 1638,it is certainly better than
the current$1 fee which we are authorized to collect. If we are unsuccessful in obtaining an increase in
the micrographics and civil automation fee this year we will continue to pursue this issue in 1990.
21. Request a study of the whole problem of how to properly dispose of recycled motor oil and request that
recommendations be made to the Legislature for future action
The Board had originally requested that legislation be sponsored to impose a surcharge on the sale of motor oil
to pay for recycling programs designed to properly dispose of used motor oil. The County's lobbyist has
indicated that this proposal will generate substantial opposition from the petroleum industry and is therefore
unlikely to be passed by the Legislature. An alternative which has been suggested is to have the Legislature
request a study by the Legislative Analyst or other appropriate body to determine the extent of the problem and
develop recommendations for future legislative action. This appears to be the action which is most likely to
receive legislative support and is therefore recommended as an interim measure, leading to further legislation
in a year or so after adequate documentation of the extent of the problem is gathered.
We are preparing a Resolution requesting a study as suggested above. Senator Petris has also introduced
'legislation(SB 1200)authorizing a grant program for used oil recycling programs which the Board is now
on record as supporting.SB 1200 is currently on referral to the Senate Appropriations Committee,but
has been held in Senate Appropriations under submission,which generally means the Committee refuses
to vote the bill out.
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2f : Relieve small school districts of cost of special education students placed by another district particularly
transportation costs.
As requested by the Board of Supervisors,the County Administrator's Office set up a meeting between
Assemblyman Campbell, Supervisor Torlakson and the superintendents of the East County school
districts. Assemblyman Campbell indicated that AB 300 had been introduced at the request of this
County in order to address this situation. At the conclusion of the meeting the superintendents agreed
that they would provide Assemblyman Campbell's staff with additional data to support their need for
additional transportation funding for special education children. There does not appears to be anything
further for the Board of Supervisors or the County Administrator's Office to do on this issue at this time,
although we will continue to follow AB 300. AB 300 has passed the Assembly Floor and is currently on
referral to the Senate Appropriations Committee where it is being held in the Suspense File.
29. Clean-Up to SB 1974 of 1988 (1988 Muni Court Pay & Staffing Bill) to remove references to the Marshal.
When the Marshal/Sheriff consolidation legislation was enacted earlier this year it left in statute the
determination of the pay and staffing for classifications in the Marshal's Office. Now that the consolidation has
been completed under the Sheriff there is no need for the state law to fix the pay and staffing for those positions
that were previously in the Marshal's Office. A fairly simple change in legislation will be pursued that will clean-
up this issue.
30. Municipal Court Pay & Staffing Bill.
Each year the Board of Supervisors must sponsor a Municipal Court Pay and Staffing Bill that allows the
Legislature to fix the staffing and pay for employees in the Municipal Court. This Legislation is generally not
controversial and the County Administrator will again prepare such legislation for introduction by a member
of this County's delegation. This Legislation will probably be combined with the clean-up to the Marshal/Sheriff
consolidation discussed above so that all of the changes to the staffing and pay for the Municipal Courts can be
handled in a single piece of legislation.
Senator Boatwright has introduced SB 305 to address both the changes to remove the references to the
Marshal's office and to make other changes to the Municipal Court Pay and Staffing legislation to reflect
decisions already made by the Board of Supervisors as well as the terms of the agreement with the Courts
over the Trial Court Funding Act legislation. Final amendments for this bill have been forwarded to
Senator Boatwright. SB 305 has passed the Senate Floor and is currently on referral to the Assembly
Judiciary Committee where it is scheduled for a hearing on August 23,1989.
This office will provide the Board of Supervisors will a further status report on this subject early in October, 1989
after the Legislature adjourns for the year and after the Governor has had an opportunity to act on all legislation sent
to him.
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