Loading...
HomeMy WebLinkAboutMINUTES - 12171991 - 2.1 C TO: BOARD OF SUPERVISORS f Contra FROM: Phil Batchelor, County Administrator Costa n: is December 12, 1991 ���, ,'. -_ ,,:�` County DATE: 4rrq-couK�c SUBJECT: RECOMMENDED 1992 LEGISLATIVE PROGRAM SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Adopt the attached Legislative Program for 1992, consisting of measures which the Board agrees to sponsor or where the Board agrees to actively support the efforts of others who may be sponsoring measures with which the Board agrees . 2 . Authorize the County Administrator and any other designated staff to solicit authors for these measures and actively support their passage through testifying at hearings, writing letters of support and seeking support from others who agree with the Board' s position. BACKGROUND: Each year the County Administrator solicits suggestions from County Department Heads on measures they would like to see the Board sponsor in the coming year. Staff also review items the Board has directed be placed on the Board' s Legislative Program during the ..year. A review is also made of previous year' s Legislative Programs to determine whether there are measures which did not pass which are still relevant. CONTINUED ON ATTACHMENT: X YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Decem er APPROVED AS RECOMMENDED X OTHER X ADCPTED Recommendation No. 1 as amended to include funding for juvenile justice services; ADOPTED Recommendation No. 2; further, the County Administrator was REQUESTED to pursue the reintroduction of AB 1505 dealing with amending county service area law. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX 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. CC: County Administrator ATTESTED December 17, 1991 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR i BY DEPUTY M382 (10/88) -2- Each of these measures is reviewed with the County's lobbyist to determine its suitability, clarify the exact intent of the measure and raise any other questions which need to be answered. Once agreement is reached on those measures which should form the Board' s Legislative Program it is presented to the Board' for approval and then forms the program of which the County Administrator, affected department heads and the County' s lobbyist seek enactment during the coming year. Attached . is the result of this process for the 1992 Session of the Legislature. This list of measures will no doubt be added to and adjusted during the coming weeks. We do not, for instance, have all transportation measures available. We are also awaiting final approval of several measures by the Municipal Court Judges . I:n addition, other bills will come to the attention of staff or Board members, who will ask the Board to take a position on the bill . However, the official Legislative Program forms the basis of most of the work for the year with the Legislature. RECOMMENDED 1992 LEGISLATIVE PROGRAM 1 . Insure that Contra Costa County is treated fairly in negotiations over the 1992-93 State Budget. The State is estimated to be facing a deficit of between $5 billion and $8 billion over the next 18 months . This is true even after the Legislature and Administration struggled to offset a $14 billion deficit earlier this year. It is clear that none of this problem can be solved by further tax increases . Thus many programs will be targeted for reductions . The likely targets will focus on health and welfare programs, trial court funding and program realignment. Through the efforts of the California State Association of Counties, Supervisor McPeak and many other individuals and groups, counties in general were fairly well treated in the balancing of the State Budget for the current fiscal year. As further cuts are considered over the next few weeks and months, it is essential that staff from this County and Board members be in the forefront of the discussions in order to insure that local government in general and Contra Costa County, in particular, are treated fairly. 2 . Carefully follow and be a. part of discussions involving the Administration and Legislature over clean-up to Program Realignment. The Board has already, taken the position that the State should give counties sufficient flexibility so that each county can balance its own budget without further involvement from the State. Examples of the type of flexibility which is needed are the suspension of "Beilenson" hearings when health care reductions must be made, easing the ability of the county to make reductions in the In-Home Supportive Services Program, and clarification regarding the amount of money which counties must deposit into the Health/Social Services/Mental Health Trust Funds as a County opt-in match. The intent of the Legislature was that counties would pay into the trust fund the same amount they received in motor vehicle in-lieu fee increased revenue. However, the law which was enacted requires a specific dollar amount, rather than specifying that the same number of dollars that are received from the motor vehicle in-lieu fee must be deposited in the trust fund. 3 . Co-sponsor with CSAC ACA 35 (Bronzan) which would place in the Constitution the guarantee of revenue provided for Program Realignment so the Legislature could not remove this revenue from county health and welfare programs . As a part of Program Realignment, the Legislature provided an additional 1/2 cent in sales tax revenue and increases in the vehicle registration fees to pay for the health, mental health and social service programs which were realigned. The responsibility for these programs was shifted to the counties . However, the Legislature could still remove or modify these revenue sources -to meet the State' s needs without relieving the counties of the program responsibilities which were included in Program Realignment. ACA 35 has been introduced by Assemblyman Bruce Bronzan to provide the voters the opportunity to place in the Constitution the protection of these revenue sources so the Legislature could not divert this revenue to another purpose in the future. In order to make Program Realignment work over the long haul, it is essential that the revenue source to pay for these programs be protected from an annual raid by the Legislature. 4 . Agree to "the repeal of the remaining portions of SB 2557 which provided for counties to recover the cost of administering the property tax and to impose a booking fee on prisoners booked into county detention facilities, but only if such a repeal is accompanied by a stable, reliable and growing alternative source of revenue. SB 2557 was enacted in the summer of 1990 in an effort to assist counties adjust to the substantial reductions which were made in State revenue for a variety of health and welfare programs . In 1991, the Legislature repealed the authority of counties to assess the property tax administration fee against schools . Cities and special districts are attempting to have the balance of SB 2557 repealed in 1992 . The Board of Supervisors has previously taken the position that it would not object to a repeal of the balance of SB 2557, providing another source of revenue were made available to counties which fully replaced the balance of the revenue from the Property Tax Administration fee and booking fee. 5 . Carefully follow and keep the County briefed on discussions regarding regional governance proposals, including the legislation which has already been introduced in 1991 and proposals which have been advanced by groups such as Bay Vision 2020 and ABAG. Several bills have been, introduced in 1991 providing for various systems of regional governance. It has been proposed that ABAG, MTC and the BAAQMD be combined. ABAG has debated this issue but has postponed a decision until the spring of 1992 . The Board had a presentation on this subject on December 10, 1991 and adopted a position against which all pending legislation on this subject should be reviewed. It will be important to be kept abreast of developments and proposals in this area. 6 . Work for the passage of AB 494 (Campbell) which would increase the registration fee for boats from $5 per year to -2- $12 per year with the additional revenue dedicated to the Marine Patrol . AB 494 passed the Assembly in 1991 and is now pending a hearing in the Senate Transportation Committee. Efforts are being made to develop some amendments to the bill which will make it more acceptable to those who now oppose it. 7 . Work for passage of AB 495 (Campbell) with amendments which are yet to be developed which would place in statute any agreement the San Ramon Valley Fire Protection District and the County are able to reach on what contribution the Fire District is required to make to the Special District Augmentation Fund in light of the alleged application of the decision in the case of American River Fire Protection District v. Board of Supervisors of Sacramento County to the formation of the San Ramon Valley Fire Protection District. Assemblyman Campbell has introduced AB 495 for the County to use as a vehicle to place in statute any agreement which may be reached with the Fire District. AB 495 has passed the Assembly Local Government Committee and is pending a hearing in the Assembly Ways and Means Committee. Because the bill was introduced in 1991, it must pass the Ways and Means Committee and the full Assembly by January 31, 1992 if it is to remain alive. It is clear the bill will not pass in its current form. We are, therefore, attempting to reach an agreement with the Fire District and would then place that agreement in statute to protect all affected parties from future efforts to apply the American River case to the San Ramon Valley Fire Protection District' s situation, which we do not believe is akin to the situation described in the American River case. 8 . Consider reintroducing SB 130 (Boatwright) with amendments which are acceptable to the Administration, providing a mechanism by which revenue can be generated to assist the Assessor in automating his records . In 1991, the Board sponsored legislation which would apply a fee of $1 to all . documents which are recorded, with the resulting revenue dedicated to automating the Assessor' s records . The bill passed the Legislature but was vetoed by the Governor. Preliminary discussions with the 'Governor's staff indicate that the bill would have to be amended in order to have it signed. The Assessor and his colleagues are pursuing discussions with the Governor' s staff regarding the nature of amendments that would be acceptable to the Governor. If such a compromise can be reached, we would recommend that the Board again sponsor such legislation. 9 . Seek passage of SB 457 (Boatwright) or other legislation which will create two additional Superior Court Judges and -3- one additional Municipal Court Judge (for the Delta Judicial District) . The Board sponsored SB 457 in 1991 . It is unlikely that any new judicial positions will be created in 1992 in view of the trial court reform legislation which was enacted in 1991 and which requires the submission of a plan of cooperation by the Superior and Municipal Courts which would result in a reduction of costs for the trial courts . In addition, since the creation of each -additional judicial position requires an increase in each Court Funding for the County, it is unlikely that the Legislature will incur additional financial liability in light of their existing budget problems . It is, however, appropriate for the Board to continue to support the additional of these needed judicial positions until evidence that they are no longer needed is presented to the Board. 10 . Support enactment of AB 1572 (Campbell) which would increase penalties for violating state law and regulations regarding the release of air contaminants into the atmosphere. In 1990, the Board sponsored AB 3783 (Campbell) which would have accomplished what is being sought in terms of increasing penalties for violating laws regulating emissions into the atmosphere. AB 3783 passed the Legislature but was vetoed by then-Governor Deukmejian. As a result, Assemblyman Campbell introduced AB 1572 in 1991. Some further amendments to this legislation are needed in order to make it as acceptable as possible to all affected parties . AB 1572 passed the Assembly in 1991 and is now in . the Senate awaiting a Committee assignment. 11. Sponsor technical amendments to AB 688 (Baker) which revises the administration of alternatives to custody programs. In 1991, the Board sponsored AB 688 (Baker) which . streamlined the County Parole and Electronic Home Detention Programs to make them more parallel to the Work Furlough Program, since all three programs are administered by the same staff and many of the same prisoners are eligible to any of the three programs . The bill passed and has been signed into law (Chapter 437, Statutes of 1991) . Unfortunately a technical error was made in referencing a section of law and should be corrected in order to be absolutely clear what is intended by the section. 12 . Agree to sponsor legislation similar to AB 2210 of 1990 and AB , 1132 of 1991 if Assemblyman Campbell decides to reintroduce legislation along these lines . AB 2210 and AB 1132 would have required the State, in administering the ' State Water Project, to protect all reasonable and beneficial uses of the water in the Bay-Delta -4- Estuary. In both cases the bills failed passage in the Assembly Ways and Means Committee. The Board sponsored both previous attempts to establish this water policy for the State of California. If Assemblyman Campbell is willing to either pursue AB 1132 or reintroduce similar legislation the Board should be prepared to sponsor such an effort. 13 . Sponsor an amendment to Revenue & Taxation Code Section 7209 which would permit errors in the allocation of sales tax revenue to be corrected for more than the two quarters limit currently in statute. On December 3, 1991 the Board approved a report from its Finance Committee which included this provision. Under current law the State Board of Equalization is only allowed to correct an error in the allocation of sales tax revenue between jurisdictions for two quarters prior to the quarter in which they are made aware of the error. This has resulted in a situation where the Board of Supervisors recognizes that it received $68,506 of sales tax revenue which should have been credited to the City of Brentwood but because of the two quarter limitation, there is no legal way the City of Brentwood can be repaid for this money. A longer period of time to bring errors to the attention of the State Board of Equalization would allow greater equity in these types of situations. 14 . Seek funding in the 1992-93 State Budget in the amount of $120,000 for a risk assessment study of pollutants in the Bay-Delta. On April 2, 1991 the Board of Supervisors endorsed the Fish and Wildlife Committee report on a proposed risk assessment study addressing the effects of pollutants on fish species . This study would be conducted by the Office of Environmental Health Hazard Assessment of the new California Environmental Protection Agency and would examine white sturgeon and white catfish in an attempt to determine the degree of contamination to toxic agents and the human health risks associated with consumption of these species . 15 . Seek technical amendments to legislation enacted in 1990 (AB 3223) to provide for guaranteed eligibility and lock-in of pregnant Medi-Cal beneficiaries to the Contra Costa Health Plan in order to satisfy the federal government in order to obtain the necessary waivers so the pilot project can be implemented. In 1990 the Board sponsored AB 3223 (Campbell) which provided for a pilot project for the Contra Costa Health Plan whereby new Medi-Cal patients who are pregnant or become pregnant while on Medi-Cal would be offered the opportunity to join the CCHP and would be provided guaranteed eligibility during their pregnancy and for a -5- period of six months thereafter. The individual could not disenroll from the CCHP during this period of time. AB 3223 was passed by the Legislature and signed into law by the Governor. Federal law limits any guaranteed eligibility and/or lock-in proposal to a total of six months . In order to receive the federal waivers it will be necessary to amend State law to limit the total time period to six months . 16 . Sponsor a Municipal. Court Pay and Staffing Bill to incorporate in State law matters which have been acted on by the Board of Supervisors affecting the pay and classification of Municipal Court employees . Each year the Board is asked to sponsor a Municipal Court Pay and Staffing Bill . This is generally a routine piece of legislation which is required in order to conform State law to actions which have been taken by the Board of Supervisors which affect the number, classification, responsibilities and pay of Municipal Court employees . The Municipal Court Administrator anticipates a number of changes will be required as a result of legislation enacted in 1991 which requires a plan of cooperation to be prepared and submitted to the Judicial Council by the Superior and Municipal Courts . The details of this legislation will be reviewed with the Board of Supervisors before requesting its introduction into law. 1.7 . Sponsor or support the efforts of others to obtain enactment of legislation which would provide a financial incentive to nursing home operators who accept Medi-Cal patients if they have had no significant violations in the past two years . This might take the form of a reduced license renewal fee and might be undertaken in Contra Costa County as a pilot project. The Health Services Director has been working closely with a Task Force of nursing home operators who handle large numbers of Medi-Cal patients in an effort to work cooperatively with them and be supportive of their needs as long as they continue to accept Medi-Cal patients . This is one aspect of that work and could be a significant step in the direction of insuring quality nursing home care for Medi-Cal patients and some financial recognition for those operators who are willing to accept the lower payments Medi-Cal makes compared to private rates . The County has a legitimate concern about the availability of nursing home beds for Medi-Cal patients since if there are insufficient beds available these patients frequently cannot be released from Merrithew Memorial Hospital, thereby taxing the County' s facilities . -6- 1f3 . Actively support any efforts put forward by CSAC and others to expand program realignment to include drug and alcohol programs . A number of health and social service programs were "realigned" in 1991 by transferring responsibility for the programs to the counties and providing a new source of more flexible revenue to finance the programs. Drug and Alcohol Programs were not among those which were included in the 1991 Program Realignment. The Health Services Director believes that responsibility for these programs should also be transferred to the counties, along with the revenue which is available to support the programs. This is not something that can be undertaken unilaterally by a single county. However, by including this item in the Board' s Legislative Program, the County' s lobbyist will have a mandate to cooperate fully with CSAC and work actively to insure that drug and alcohol programs are included in Program Realignment if at all possible. Recommended to the Board of Supervisors : December 17, 1991 -7- .