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HomeMy WebLinkAboutMINUTES - 11281989 - 2.2 TO: BOARD OF SUPERVISORS SE L Contra FROM: Costa Phil Batchelor, County Administrator x _� ;z �. . :,:: Count DATE: November 21, 1989 SUBJECT: 1990 LEGISLATIVE PROGRAM SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. Review each item on the attached proposed 1990 Legislative Program and determine whether it should be included in the Board' s 1990 Legislative Program and whether its priority placement is appropriate. 2. Approve a 1990 Legislative Program for the County and authorize the County Administrator and lobbyist to pursue the items contained therein during the 1990 Legislative Session. 3. Request the County Administrator to provide the Board of Supervisors with at least three status reports during the 1990 Legislative Session, at appropriate intervals, on the status of the adopted Legislative Program. BACKGROUND: On October 24, 1989 the Board of Supervisors received the final status report from the County Administrator on the Board' s 1989 Legislative Program. At that time the Board of Supervisors also directed the County Administrator to provide the Board with a proposed 1990 Legislative Program on either November 28, 1989 or December 5, 1989 for the Board' s consideration. The attached report is intended to comply with this latter .direction. CONTINUED ON ATTACHMENT:YeS YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): 6�9" Z/Aw �7� ACTION OF BOARD ON November 28 , 1989 X APPROVED AS RECOMMENDED OTHER The Board ACKNOWLEDGED oral report by Les Spahnn of SRJ. Jackson, Barish & Associates on the results of:`the 1989 Legislative Session and prospects for the 1990 Legislative Session. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X 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. o y' CC: ATTESTED i�•-(.Gtt/ a1 /90 Please see page 2. PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY DEPUTY The County Administrator has solicited suggested legislative items from department heads, Board Members and has researched items which the Board has indicated during the year should be placed in the Board' s 1990 Legislative Program. Staff from the County Administrator' s Office and the County' s lobbyist then met with any County staff who wished to do so to review proposals and refine them. The County Administrator, in consultation with the County' s lobbyist, then prioritized the proposed 1990 Legislative Program to reflect both the feasibility of obtaining passage of items, the possibility that other organizations would sponsor legislation which this County could then support and the already expressed priorities of the Board of Supervisors. The attached proposed 1990 Legislative Program is the product of all of this consultation. It is important that the Board of Supervisors review these proposals both in terms of including them in the Board' s Legislative Program and in terms of the relative priority which they have been assigned to insure that the proposed Legislative Program reflects the priorities of the Board of Supervisors. We have divided the proposed 1990 Legislative Program into four divisions: 1. Major priorities which the Board wishes to sponsor and which will require substantial effort on the part of the County' s lobbyist. These, in turn are divided into two categories, depending on the relative importance they have been assigned, based on staff' s understanding of the importance of the items and the time which is available to lobby for their passage. 2. Significant priorities, but ones which we anticipate other organizations will sponsor. In such cases, the Board will be asked to fully support the efforts of the sponsoring organization, but need not take on the responsibility to actually serve as the sponsor of record. 3 . Significant, but non-controversial items which the County Administrator' s Office will pursue without the need for intervention on the part of the County' s lobbyist. 4. Items where the question of sponsorship is still in question due to the need to gather additional information or consult with other parties. If it is decided that the County should sponsor any of these items each will be returned to the Board with a specific recommendation for sponsorship before any such action is undertaken. cc: County Administrator All Department Heads (Via CAO) Legislative Delegation (Via CAO) Selected Counties (Via CAO) CSAC (Via CAO) SRJ. Jackson, Barish & Associates PROPOSED 1990 LEGISLATIVE PROGRAM CATEGORY lA - HIGH PRIORITY 1. INTERAGENCY FAMILY PRESERVATION PROGRAM Sponsor legislation similar to AB 899 of the 1989 Session in the form in which AB 899 was amended on June 30, 1989. This legislation would allow the County to draw a portion of its foster care funds to finance a countywide Family Preservation Program aimed at demonstrating that intensive, interdisciplinary support services to a family which has a child in danger of being placed in foster care can eliminate the need for placement or reduce the period of time a child has to be in placement, thereby saving all levels of government substantial funds which would otherwise be spent caring for a child in foster care. 2. ABANDONED VEHICLE ABATEMENT PROGRAM Agree to sponsor or support the efforts of others, and explore with other counties and cities which are concerned about the need for a funding mechanism to finance a local abandoned vehicle abatement program, the feasibility of reintroducing legislation similar to AB 1441 of the 1989 Session, perhaps limited to those local jurisdictions which are particularly concerned with this problem. 3. PROVIDE COUNTIES GREATER LATITUDE IN EQUIPPING FACILITIES FINANCED UNDER SB 1732 Sponsor legislation or support the efforts of others to introduce legislation which would authorize funds obtained from SB 1732 to be spent on new equipment like x-ray machines, operating room equipment, etc. 4. NOTIFICATION PROCESS FOR DISPROPORTIONATE SHARE HOSPITALS Sponsor legislation or support the efforts of others to introduce legislation which would require the Office of Statewide Health Planning & Development to begin reviewing hospital replacement and renovation projects earlier in the process in order to insure that a county' s planning is consistent with State requirements. 5. ADDITIONAL MUNICIPAL COURT JUDGE FOR DELTA JUDICIAL DISTRICT Reaffirm the Board' s sponsorship of SB 468 (Boatwright) and AB 1908 (Isenberg) both of which would authorize one additional Municipal Court Judge for the Delta Judicial District, conditional upon having this additional position _2- added to the number of judicial positions upon which the County' s Trial Court Block Grant is computed. 6. INCREASE THE MICROGRAPHICS AND CIVIL AUTOMATION FEE Reaffirm the Board's sponsorship of AB 1638 (Cortese) or similar legislation and support the efforts of others to amend Government Code Section 68090.7 to increase the micrographics and civil automation fee, at least in Contra Costa County. 7. FUNDING FOR SHERIFF'S MARINE PATROL Sponsor legislation or support the efforts of others to amend Vehicle Code Section 9860 to increase the registration fee on boats from $5 to $10 and amend Vehicle Code Section 9863 to dedicate the increased revenue to Sheriff ' s Marine Patrol activities. 8. INCLUDE TEMPORARY COURT COMMISSIONERS AS ELIGIBLE FOR INCLUSION IN THE NUMBER OF JUDICIAL POSITIONS FOR PURPOSES OF CALCULATING THE TRIAL COURT BLOCK GRANT Sponsor legislation similar to the amendment placed in SB 1669 (Presley) of the 1989 Session which would make this County' s temporary court commissioners eligible for inclusion in the number of judicial positions on which the Trial Court Block Grant for this County is based. 9. ALLOW THE SPLIT OF FINES AND FORFEITURES BETWEEN THE COUNTY AND THE KENSINGTON COMMUNITY SERVICES DISTRICT TO BE ALTERED BY MUTUAL AGREEMENT Sponsor legislation to amend Penal Code Section 1463 dealing with the Kensington Community Services District to allow for a local agreement to alter the percentage split in fines and forfeitures. 10. REQUIRE AFDC ELIGIBLES TO CHOOSE A PREPAID HEALTH PLAN Sponsor legislation or support the efforts of others to introduce legislation which would require that in those areas of California where there are two or more Medi-Cal PHP' s, new AFDC eligibles would be required to enroll in one of the PHP' s for their first six months of eligibility, following which they could transfer to the fee-for-service system if they wished to do so. 11. ESTABLISH PILOT PROJECTS IN HIGH RISK AREAS TO GIVE PREGNANT WOMEN ENROLLED IN A PHP GUARANTEED ELIGIBILITY FOR THE TERM OF PREGNANCY AND SIX MONTHS TE RE F` ER Sponsor legislation or support the efforts of others to introduce legislation which would provide women enrolled in -3- a PHP guaranteed Medi-Cal eligibility during the term of her pregnancy and six months thereafter to encourage prenatal and postnatal care and insure enhanced continuity and quality of care to high risk pregnant women and their babies. CATEGORY 1B - SECOND PRIORITY . 12. GENERATE REVENUE TO OFFSET THAT LOST TO THE OAKLAND ZOO AS A PART OF THE TRIAL COURT FUNDING PROGRAM Sponsor legislation to amend Penal Code Section 1463 . 28 (b) to increase the amount shown for Contra Costa County from $100,000 to at least $150,000 in order to offset the transfer of funds from the County to the Oakland Zoo. 13 . INCREASE INDIVIDUAL'S LIABILITY FOR NEGLIGENTLY CAUSING AN EMERGENCY RESPONSE Reaffirm the Board' s sponsorship of SB 318 (Royce) , perhaps asking Senator Lockyer to take over authorship of the bill, which would increase the liability of an individual who, by negligently operating an automobile, boat or airplane, causes an emergency response which might otherwise have been avoided. 14. ADMINISTRATIVE FEE FOR PROCESSING CITATIONS FOR VIOLATIONS OF THE FINANCIAL RESPONSIBILITY LAWS WHICH RESULT IN DISMISSALS Sponsor legislation similar to AB 1358 (Frizzelle) of the 1989 Session or support the efforts of others to obtain passage of legislation which would impose an administrative fee on each citation for a violation of the financial responsibility. laws when the citation is dismissed because the individual in fact had insurance but did not have proof of that fact in his or her possession. 15. STATE POLICY REGARDING PROTECTION OF SAN FRANCISCO BAY/SACRAMEN'T'O-SAN JOAQUIN DELTA ESTUARY Reaffirm the Board' s sponsorship of AB 2210 (Campbell) or similar legislation which would declare it to be State policy to protect and preserve all reasonable and beneficial uses of the San Francisco Bay/Sacramento-San Joaquin Delta Estuary and their tributaries. 16 . WAIVE THE TANGIBLE NET EQUITY REQUIREMENTS FOR COUNTY-SPONSORED HMO'S UNDER CERTAIN CIRCUMSTANCES Sponsor legislation or support the efforts of others to introduce legislation which would waive the tangible net equity requirements for County-sponsored HMO' s if the State -4- adopts regulations which not only increase the tangible net equity requirements but require that those funds be deposited with the State of California. 17. PROMOTE REGIONAL LAND USE PLANNING BY REQUIRING THAT CERTAIN DEVELOPMENT APPLICATIONS REQUIRE REVIEW AND COMMENT BY THE COUNTY HEALTH OFFICER PRIOR TO THEIR APPROVAL Sponsor legislation or support the efforts of others to introduce legislation which would require that certain development applications, primarily ones for residential developments which may be impacted by nearby industrial plants, be forwarded to the County Health Officer for his or her review and comment on the public and environmental impacts of the proposed development prior to the time the city council or board of supervisors considers approval. of the project. 18 . AUTHORIZE THE COUNTY TO IMPOSE A SURCHARGE ON NONPARRING VEHICLE CODE VIOLATIONS FOR A TEMPORARY PERIOD OF TIME TO FUND COURTHOUSE CONSTRUCTION Sponsor legislation similar to that provided to Solano and Orange Counties pursuant to Government Code Section 76008 which would authorize the County to impose a surcharge on certain vehicle code violations with the proceeds being dedicated to courthouse construction projects. 19. AUTHORIZE AN INCREASE IN THE FEE CHARGED TO DEFENDANTS WHO ARE ALLOWED TO ATTEND TRAFFIC SCHOOL Sponsor legislation or support the efforts of others to introduce legislation which would amend Vehicle Code Section 42007 to increase the administrative fee charged to defendants who are allowed to attend traffic school to a point which, when added to the prevailing fee charged by the traffic schools, will at least equal the fine the defendant avoids by attending traffic school. 20. ELIMINATE THE REQUIREMENT FOR A NOTICE OF INTENTION TO PURCHASE PROPERTY IN CASES WHERE THE PROJECT HAS PREVIOUSLY BEEN APPROVED BY THE BOARD OF SUPERVISORS Sponsor legislation or support the efforts of others to introduce, legislation which would amend Government Code Section 25350 to eliminate the requirement for a notice of intention to purchase property in cases where the project has previously been approved by the Board of Supervisors. CATEGORY 2 - SUPPORT IF SPONSORED BY OTHERS 21. AUTHORITY TO IMPOSE A BUSINESS LICENSE TAX FOR REVENUE PURPOSES -5- Sponsor legislation or support the efforts of others to introduce legislation which would extend to counties the same authority cities have to impose a business license tax for revenue purposes. 22. APPLY COURTHOUSE CONSTRUCTION FEE TO CIVIL AND/OR SMALL CLAIMS CASES Sponsor legislation or support the efforts of other to introduce legislation similar to SB 430 (Alquist) of the 1989 Session to increase the revenue to the Courthouse Construction Fund by adding a fee for this purpose to specified civil and small claims filings. 23 . REQUIRE NUTRITIONAL LABELING OF FOOD PRODUCTS Reaffirm the Board' s sponsorship of AB 2207 (Campbell) or other similar legislation which requires that food packaging include a statement giving the total fat, cholesterol, sodium and sugar content of the food. 24. CLEAN-UP LEGISLATION TO THE DISTRIBUTION OF THE CIGARETPE TAX (PROPOSITION 99) Sponsor legislation or support the efforts of others to include in any clean-up bill relating to AB 75 (Chapter 1331, Statutes of 1989) provisions to insure that funds allocated to counties pursuant to AB 75 can be rolled over to be used in a future fiscal year, something not now permitted by AB 75. ., 25. PROVIDE COUNTY-SPONSORED PHP'S WITH ACCESS TO CMAC NEGOTIATED RATES AT OTHER HOSPITALS WHEN THE COUNTY OBTAINS SPECIALITY CARE FROM THE OTHER HOSPITAL Sponsor legislation or support the efforts of others to introduce legislation which would provide a County-sponsored PHP with access to the rates for speciality services which have been negotiated with the hospital by the California Medical Assistance Commission (CMAC) in those cases where the County sponsors a PHP and is contracting with the hospital for those services or when PHP members are treated for emergency services at those hospitals. 26. OBTAIN FUNDING TO IMPLEMENT AND UPDATE COUNTY HAZARDOUS WASTE MANAGE4ENT PLANS Sponsor legislation or support the efforts of others to introduce legislation which provides funds to implement and update the County' s Hazardous Waste Management Plan pursuant to AB 2948 (Chapter 1504, Statutes of 1986) . Funding was provided by the Legislature to prepare the original County Hazardous Waste Management Plan. That money has now been exhausted. There is no funding available to oversee the ti -6- implementation of the Plan or provide for updating of the plan in the future as .that may be necessary. 27. REQUIRE SCHOOL DISTRICTS TO PAY FOR THE COST OF SCHOOL CROSSING GUARDS Sponsor legislation or support the efforts of others to introduce legislation which would shift the responsibility of the County to finance school crossing guards to the school districts. 28. REVISE CURRENT LAW TO SPECIFY THAT THE PARTY REQUESTING A CONTRACTORS' PAYROLL RECORDS MUST PAY THE FULL COST OF OBTAINING AND REPRODUCING THOSE RECORDS Sponsor legislation or support the efforts of other to amend SB 1538 of the 1989 Session to more clearly specify the costs which the County may recover when the County is asked to furnish an individual a contractors ' payroll records. 29. REPEAL LANGUAGE IN CURRENT LAW WHICH CONFLICTS WITH FEDERAL LAW REGARDING THE REQUIRENENT TO PROVIDE A GRIEVANCE HEARING PRIOR TO PROCEEDING TO A COURT EVICTION IN A HOUSING AUTHORITY Sponsor legislation or support- the efforts of others to introduce legislation which would repeal Health and Safety Code Section 34331(g) which is potentially in conflict with recently received instructions from the U.S. Department of Housing & Urban Development. CATEGORY 3 - COUNTY ADMINISTRATOR WILL PURSUE WITHOUT ASSISTANCE FROM COUNTY'S LOBBYIST 30. MUNICIPAL COURT PAY AND STAFFING BILL Sponsor a Municipal Court Pay and Staffing bill in 1990 to incorporate any salary changes which are approved by the Board of Supervisors and to reflect some staffing changes and reclassifications which we understand are in process. CATEGORY 4 - SPONSORSHIP PENDING FURTHER RESEARCH 31. SPONSOR LEGISLATION TO REQUEST AN ADDITIONAL THREE SUPERIOR COURT JUDGES FOR CONTRA COSTA COUNTY The Superior Court has requested three additional ' Superior Court Judges. Staff is currently reviewing the . fiscal implications of such a request and will recommend a position to the Board of Supervisors following this review. 32. NEED TO GENERATE FUNDING FOR A SOLID WASTE PUBLIC EDUCATION PROGRAM If County Counsel concludes that further amendments are needed in order to permit the existing fees provided for in AB 939 (Chapter 1095, Statutes of 1989) to be used to finance a Solid Waste Public Education Program, agree to sponsor such legislation as may be drafted by County Counsel. 33 . CALIFORNIA CHILD CARE PARTNERSHIP ACT Reaffirm the Board' s co-sponsorship with CSAC of AB 1853 (Speier) , which would enact the California Child Care Partnership Act if Assemblywoman Speier decided to proceed with the bill in 1990. 34. AUTHORIZE SUBSTANTIALLY INCREASED FINES, UP TO AND INCLUDING THE SEIZURE AND SALE OF AUTOMOBILES USED DURING OR IN CONJUNCTION WITH A PURCHASE OF ILLEGAL DRUGS Following consultation with the District Attorney, consider sponsoring legislation or support the efforts of others to introduce legislation which would authorize a court to impose substantially increased fines and allow the Sheriff or District Attorney to seize and dispose of an automobile when an individual is convicted of purchasing illegal drugs and a vehicle was used to purchase the drugs or in conjunction with the purchase of such drugs. 35. AUTHORIZE SUBSTANTIALLY INCREASED FINES, UP TO AND INCLUDING THE SEIZURE AND SALE OF AUTOMOBILES USED DURING OR IN CONJUNCTION WITH A DRUG OFFENSE WHEN SUCH AN OFFENSE OCCURS WITHIN. 1000 FEET OF A SCHOOL Following consultation with the District Attorney, consider sponsoring legislation or support the efforts of others to introduce legislation which would authorize a court to impose substantially increased fines and allow the Sheriff or District Attorney to seize and dispose of an automobile when the individual is convicted of a drug offense which occurred within 1000 feet ofa school. As proposed to the Board of Supervisors November 28, 1989