HomeMy WebLinkAboutMINUTES - 12141993 - 2.1 TO: BOARD OF SUPERVISORS 2 i M...
Contra
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Phil Batchelor, County Administrator Costa
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County
DATE:
December 9, 1993 _couK` �To
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SUBJECT: PROPOSED 1994 LEGISLATIVE PROGRAM
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT the following as the Board of Supervisors ' 1994 Legislative
Program and AUTHORIZE the County Administrator and the County's
Legislative Representative in Sacramento to seek authors for, draft
actual language and attempt to obtain passage of the various
elements of the Board's Legislative Program.
BACKGROUND:
Each year, the Board of Supervisors adopts a Legislative Program
for the County. The Legislative Program can and frequently is
amended several times during the year. It forms the basis for the
work done by the County's Legislative Representative in Sacramento
during the upcoming year. This year, as has been done in the past,
we have solicited suggestions from Board Members and department
heads for inclusion in the Legislative Program. We have also
reviewed items which have been included in prior year's legislative
programs but where we were not .successful in achieving passage of
legislation. We then review all suggestions with the County' s
Legislative Representative and agree on a package of legislative
proposals which are recommended to the Board of Supervisors . Upon
approval or modification and approval by the Board of Supervi.sors,
we will forward the Legislative Program to our Legislative
Representative, who is then charged with seeking authors for these
measures, working with the County Administrator' s Office in
drafting the measures, and in lobbying for passage of the Board's
position on these issues.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
/I RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON T) mbp- 14! 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I 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.
ATTESTED / /! f
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
BY DEPUTY
r
LEGISLATION TO SPONSOR:
1 . EXEMPT LAW ENFORCEMENT SPECIAL DISTRICTS FROM THE PROPERTY TAX
TRANSFER
Sponsor legislation to exempt CSA P-6 from the property tax
transfer. Support separate legislation to also exempt the
Kensington Community Services District from the property tax
transfer. [Recommended by the County Administrator and the
Sheriff-Coroner] .
Despite all of our efforts and those of Assemblymen Rainey and
Campbell at the end of the Session in September, we simply ran
out of time to get the necessary amendments through the
Legislature to exempt law enforcement special districts from
the property tax transfer, as was done with the fire
districts. This exemption is worth $2 .5 million to Contra
Costa County and the Kensington Community Services District.
It is our intent to use AB 1905 (Campbell) , the law
enforcement benefit assessment legislation which the Board
sponsored in 1993 for this purpose, remove all existing
provisions of the bill and amend in the necessary language to
accomplish the exemption. We anticipate that Assemblyman
Rainey will also co-author the bill.
2 . INCREASE THE VESSEL REGISTRATION FEE TO FUND THE SHERIFF'S
MARINE PATROL
Co-Sponsor legislation to increase the vessel registration fee
with the proceeds dedicated to funding the Sheriff ' s Marine
Patrol . [Recommended by Supervisor Torlakson and the Sheriff-
Coroner] .
In 1993, the Board agreed to ask the Delta Protection
Commission to sponsor legislation to increase the vessel
registration fee, with all of the additional revenue to be
dedicated to the Sheriff ' s Marine Patrol .
As a result of meetings hosted by Supervisor Torlakson, we
believe that agreement has been reached to request the Delta
Protection Commission to co-sponsor, along with the counties
of Contra Costa, Sacramento, San Joaquin, Solano and Yolo and
the Sheriffs of the counties of Contra Costa, Sacramento, San
Joaquin, Solano and Yolo, legislation which would increase the
vessel registration fee for vessels registered in the counties
of Contra Costa, Sacramento, San Joaquin, Solano and Yolo from
$5 to $15 for all vessels except personal watercraft and from
$5 to $25 for personal watercraft, with the increased revenue
dedicated exclusively to the Sheriff ' s Marine Patrol .
3 . REDUCE THE PERCENTAGE REQUIREMENT OF THE PERSONAL PROPERTY TAX
ON VESSELS WHICH COUNTIES MUST SPEND BEFORE BEING ELIGIBLE FOR
FUNDS FROM THE STATE DEPARTMENT OF BOATING AND WATERWAYS
Co-Sponsor legislation to reduce the requirement that counties
spend on Marine Patrol activities 100% of the amount of
property tax on vessels which they receive before being
eligible to receive funds from the State Department of Boating
and Waterways . [Recommended by Supervisor Torlakson] .
Under current law [Harbors and Navigation Code Section 663 .7] ,
a county must spend on Marine Patrol activities 100% of the
amount of personal property tax revenue it receives from
vessels before being eligible for funds from the State
Department of Boating and Waterways . The Department receives
$2 of the registration fee on each vessel registered in
California. This money is, in turn, made available to
counties to improve boating safety and enforcement programs .
However, to be eligible to receive any of these funds, a
county must be able to demonstrate that it has spent the
equivalent of the amount of personal property tax which is /
received from vessels before it can receive any of these
funds . Many counties are no longer able to afford to put this
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amount of money into boating safety and enforcement programs .
We are proposing to reduce this requirement from 100% to 50%
of the personal property tax revenue the County receives .
We are proposing that the Board of Supervisors co-sponsor this
legislation with the Delta Protection Commission and the
counties of Sacramento, San Joaquin, Solano and Yolo.
4 . MAKE IT POSSIBLE TO HOLD CERTAIN JUVENILES IN AN ADULT JAIL
Sponsor legislation which would provide a judge with the
option of confining 16 & 17 year old minors who have been
found unfit for juvenile court and who have been charged with
a serious criminal offense in an adult detention facility,
without the "sight and sound" separation which is currently
required. [Recommended by the County Probation Officer] .
Under current law, there are very restricted circumstances
under which any minor can be confined in an adult jail,
regardless of the minor' s age or the nature of his or her
crimes . These very violent minors must be confined in
Juvenile Hall, causing disruption in a facility which was
never meant to house the number of very violent young people
which it must now house. We are proposing that, in those
cases where a 16 or 17 year old has been found by the court
not to be a fit person to be dealt with under the juvenile
court laws, and where the individual has been charged with one
or more specified serious crimes, a judge would have the
discretion to order the minor confined in an adult jail,
without the now required "sight and sound" separation from
adult prisoners .
5 . ALLOW THE DISTRICT ATTORNEY OR TRIAL COURT JUDGE TO REDUCE
CERTAIN MISDEMEANORS TO INFRACTIONS
Sponsor legislation or support the efforts of others to enact
legislation which would amend Penal Code Section 19 . 8 to allow
the District Attorney or the Trial Court Judge to reduce any
misdemeanor punishable by 6 months or less in jail to an
infraction without the concurrence of the defendant.
[Recommended by the Municipal Court] .
Under current law, certain specified offenses are misdemeanors
unless the prosecutor files a complain charging the offense as
an infraction and the defendant does not insist that it be
prosecuted as a misdemeanor. Also under current law, certain
specified offenses are infractions when the Court, with the
consent of the defendant, determines the offense is an
infraction. The requirement that the defendant consent to
charging the case as an infraction in these situations can
lead to some bizarre results . Since a defendant is entitled
to a trial by jury and a public defender in the case of a
misdemeanor, but not with an infraction, a defendant has the
right to insist on having the offense charged as a
misdemeanor, make use of the services of a public defender,
insist of the right to a trial by jury and, if convicted, be
found guilty of an offense where the maximum penalty which can
be imposed is, for instance, a minimal fine and no jail time,
despite the thousands of dollars of public funds which have
been expended. The suggested change would remove the right of
the defendant to insist that the offense be charged as a
misdemeanor where the offense was punishable by 6 months or
less in jail .
6 . SPEED UP THE ABILITY OF A JUDGE TO DISMISS A CIVIL CASE WHICH
HAS NOT BEEN ACTIVE FOR TWO YEARS
Sponsor legislation which would reduce the timeframe for
initiating the dismissal of civil cases from 24 months to 18
months . [Recommended by the Municipal Court] .
Under current law, a judge has the discretion to dismiss a
case where there has been no action in over two years .
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However, the judge cannot begin to take such action until the
24th month. If action can be initiated after the 18th month,
including the required notice to the parties, it would be
possible to actually dismiss the case at the end of the 24th
month, thereby substantially reducing the case files which
must be maintained solely for the 24 month period to expire.
7 . INCREASE REVENUE TO VARIOUS COUNTY DEPARTMENTS BY ALLOWING
THEM TO UTILIZE A 11900" NUMBER TO MAKE CERTAIN INFORMATION
AVAILABLE TO THE PUBLIC BY TELEPHONE AS A CONVENIENCE
Sponsor legislation which would authorize the County to
establish a 900 number for specified services in defined
departments to generate a source of revenue. [Recommended by
the Municipal Court & other department heads to be
identified] .
Certain information which County departments have available is
public information which must be made available to the general
public free of charge if an individual comes into the office
to request the information. This information need not
necessarily be made available over the telephone free of
charge as a convenience to the individual caller. It has been
suggested that information from the Municipal Court' s computer
database be made available through an interactive telephone
connection over a 11900" line where the individual pays a fee
for the telephone call, depending on the length of the call,
the bulk of the revenue from which goes to the department.
Other departments have expressed a similar interest. Specific
applications which are appropriate for this purpose will be
identified in legislation.
8 . IMPROVE THE ABILITY OF THE COUNTY TO ENFORCE BUILDING AND
ZONING CODES
Sponsor legislation to allow a fee to be charged for repeat
site visits to insure that County Ordinance Code violations
are corrected and improve the manner in which such fees can be
collected. [Recommended by Supervisor Torlakson and the
Director, GMEDA] .
Under current law, certain health department enforcement
expenses can be recovered by imposing a fee for such
enforcement activities . Similar authority does not exist for
efforts to obtain compliance with county zoning and building
regulations . We would attempt to obtain authority to charge
a fee for repeat site visits which are required to insure that
code violations are corrected and that the fee can be added to
the property tax bill if not paid, rather than simply being
added as a lien on the property as is generally the case at
present with similar fees .
9 . ALLOW THE MUNICIPAL COURT CLERK TO SUBSTITUTE A CLERK'S
CERTIFICATE OF MAILING FOR CERTIFIED MAIL FOR SPECIFIED
PURPOSES
Sponsor legislation which would authorize the use of a Clerk' s
certificate of mailing in the Municipal Court in lieu of the
use of certified mail to send notice of treble damages when a
check is returned for insufficient funds and possibly for
other purposes where State law now requires the use of
certified mail . [Recommended by the Municipal Court] .
Currently, the Clerk's Office must send a notice of treble
damages for insufficient fund checks via certified mail . The
Municipal Court would like to change this statute to permit
the use of a Clerk's Certificate of Mailing in lieu of
certified mail. Certified mail now costs about $5 .00 per
item. The Municipal Court processes approximately 2000 checks
for insufficient funds each year. Thus, the savings should be
approximately $10,000 annually.
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10 . INCREASE THE FEE WHICH CAN BE CHARGED FOR CERTAIN PURPOSES IN
THE MUNICIPAL COURT AND IMPLEMENT NEW OR INCREASED FEES FOR
OTHER PURPOSES
Sponsor legislation which would increase the fee for a
certified copy from $1.75 to $3. 00, which would authorize a $1
fee for each endorsed copy for civil filing documents and
which would add a $14 fee for motions to vacate in small
claims cases . [Recommended by the Municipal Court] .
The fee for a certified copy has not been increased since 1982
and the costs of copying and certifying a copy to be identical
to the original runs substantially in excess of the current
$1.75 fee. In the case of endorsed copies, title companies
and attorneys will often do their own copying of documents but
then ask the Clerk's office to endorse each copy, testifying
that the copy is identical to the original . This can only be
done responsibly by comparing the original to the copy, a
tedious process for which there is currently no fee available.
In the case of small claims actions, a trial date is set and
then cancelled by one party without adequate notice to the
Court. This necessitates resetting the case for a hearing and
notifying the parties.
11 . STREAMLINE THE RECORDS RETENTION REQUIREMENTS ON LOCAL
GOVERNMENT
Sponsor legislation which reduces the time period local
government must retain certain records where maintaining the
records for a shorter time period in no way jeopardizes
necessary access to information or historical records.
[Recommended by the County Administrator] .
Under current law, the State prescribes retention periods for
many records which are maintained by local government. We
believe that in some cases these time periods could and should
be reduced so that the volume of paper and other types of
records which have to be filed can be reduced, thus saving
storage space and reducing the cost to file and maintain
records which do not have to be retained.
12 . WORK WITH INDUSTRIES SUBJECT TO RMPP REQUIREMENTS TO MAKE THE
INSPECTION OF THEIR FACILITIES MORE STREAMLINED AND EFFICIENT
Sponsor legislation which mandates State and local agencies to
cooperate and participate in interagency inspections of
facilities which handle acutely hazardous materials .
[Recommended by the County Administrator] .
Contra Costa County recently undertook its first interagency
inspection of an industrial facility. This involved the
voluntary cooperation of 9 Federal, State, Regional and local
agencies, each of which has some level of jurisdiction over
such facilities . The intent of an interagency inspection is
to allow the agencies to learn more about what each other are
looking for, to eliminate duplication and overlapping
inspections by multiple agencies whenever possible, to attempt
to streamline the inspection process and reduce the number of
inspections with which the industrial firm must deal . Such
inspections are currently voluntary on the part of all
involved agencies . Requiring such cooperation and joint
inspections would insure that the benefits of such interagency
inspections are not solely dependent on the voluntary
cooperation of the agencies.
13 . TAKE STEPS TO PREVENT THE REOCCURRENCE OF AN INCIDENT LIKE THE
GENERAL CHEMICAL OLEUM RELEASE THIS PAST SUMMER
Co-sponsor with Assemblyman Campbell legislation to require
that an RMPP , be revised and submitted to the administering
agency 30 days prior to a modification of a process or
operation which would materially affect the handling of an
acutely hazardous material and increase penalties for the
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emission of acutely hazardous materials . [Recommended by
Assemblyman Campbell and the Health Services Director] .
Under current law, a firm need only revise its RMPP and submit
it to the administering agency 60 days after a modification of
a process or operation which would materially affect the
handling of an acutely hazardous material. As a result, there
was no ways agencies which have inspection jurisdiction could
have known of the process changes which resulted in the oleum
release at General Chemical . If the proposed storage of oleum
in a railroad tank car had been reported to agencies in
advance of the change in the process, it is possible that the
dangers involved would have been identified and the process
changed before it was undertaken. Assemblyman Campbell has
indicated that he plans to introduce such legislation and has
asked the Board of Supervisors to join him in co-sponsoring
this legislation.
14 . CONTINUE TO PROVIDE A VEHICLE FOR CREATING A CHARTER HEALTH
ORGANIZATION FOR THE HEALTH SERVICES DEPARTMENT
Reaffirm the Board' s sponsorship of AB 476 (Rainey) or other
legislation which would create a Charter Health Organization
which would be judged on tangible performance standards and
measurable outcomes rather than having to meet a variety of
existing mandates and regulations . [Recommended by the Health
Services Director] .
In 1993, the Board of Supervisors sponsored legislation (AB
476) which was a "spot bill" to create a Charter Health
Organization, structured conceptually along the lines of the
existing Charter School legislation. The Charter Health
Organization would be exempted from many if not most of the
existing process requirements which define a prepaid health
plan like the Contra Costa Health Plan and would instead
evaluate the Charter Health Organization on agreed upon
performance standards and measurable outcomes. This is the
type of organization the Health Services Department hopes to
use to implement the State's Medi-Cal Managed Care Initiative.
While the Department is still working on the specific details
of such legislation, they wish to keep a vehicle available for
this purpose. The Board's sponsorship of this or subsequent
legislation will be understood to be contingent upon approving
the content of any subsequent amendments to AB 476 or
subsequent legislation.
15. RESTORE THE AVAILABILITY OF THE SAN FRANCISCO POISON CONTROL
CENTER TO RESIDENTS OF CONTRA COSTA COUNTY
Sponsor or support legislation which would establish permanent
funding for the State Poison Control Center Program.
[Recommended by the Internal Operations Committee and the
Health Services Director] .
The Board of Supervisors has already adopted recommendations
from the Internal Operations Committee on this subject and the
Board is beginning to get responses from legislators
indicating their awareness of the issue and their willingness
to assist in resolving the problem which has resulted in the
County' s residents being refused access to the San Francisco
Poison Control Center in most cases because the County cannot
afford the charges which the Poison Control Center has
unilaterally assessed on the County as a condition of
continuing to serve its residents .
16 . ELIMINATE THE UNNECESSARY COST OF PUBLICLY FUNDED COUNSEL TO
PARENTS WHO ARE NO LONGER PARTICIPATING IN THE PLANNING FOR
THEIR CHILD' S FUTURE
Sponsor legislation which would limit the right of indigent
parents to counsel at public expense in their children' s
dependency proceedings, specifically in cases where the
parents have long since disappeared, but an attorney continues
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to appear and charge the public for his or her time.
[Recommended by the Presiding Judge of the Superior Court] .
The Presiding Judge of the Superior Court has brought to the
attention of the County Administrator situations where in a
dependency proceeding counsel is ordered for the parents of a
child at public expense. In some of these cases the parents
eventually drop out of the picture and choose to no longer be
involved in the planning for their child. However, the
parents remain legally entitled to counsel at public expense.
The attorney representing the parents continues to show up at
each court session and collects his or her fee, despite the
obvious lack of involvement by the parents .
17 . OBTAIN SOME FLEXIBILITY IN THE COUNTY'S ABILITY TO SERVE "NON-
TARGETED" INDIVIDUALS IN THE GAIN PROGRAM
Seek amendments to AB 1279 or sponsor similar legislation
which would make it possible for Contra Costa County to be
able to serve a higher percentage of "non-targeted"
individuals in the GAIN Program than is possible under current
law. [Recommended by the Social Services Director] .
AB 1279 seeks to allow Los Angeles County to serve non-
targeted AFDC recipients in the GAIN Program. The GAIN
Program is targeted primarily at the hard-core unemployed on
welfare. However, there are many short-term unemployed who,
because of the state of the economy in California, have been
forced to seek welfare. With a minimal amount of job
training, it is believed that many of these individuals would
be able to obtain employment and get off of AFDC. Federal
law permits up to 45% of GAIN participants to be from "non-
targeted" populations. However, State law prohibits serving
any "non-targeted" individuals until all "targeted"
individuals have been served. This is unlikely to happen and
tends to simply add more AFDC recipients to the rolls who
might be helped to become self-supporting again fairly
inexpensively. Adding Contra Costa County to AB 1279 would
make it possible for this County to join Los Angeles in
testing the value of serving the "non-targeted" population.
18 . INSURE THAT CONTRA COSTA COUNTY RECEIVES ITS FAIR SHARE OF
STATE FUNDS FOR SENIOR CITIZEN' S PROGRAMS
Seek amendments to SB 56 and AB 339 or sponsor legislation
which would provide a reasonable formula for the distribution
of State funds for senior citizens, taking into account a
county' s proportionate share of the State's age 60+ citizens,
minority senior citizens and low-income senior citizens .
[Recommended by the Director, Area Agency on Aging] .
There has been a dispute going on among the counties for at
least two years over the distribution of State and Federal
Older Americans Act funds and other funds which are made
available by the State for senior citizen' s programs . We have
been successful in getting the Federal funds allocated in a
manner which appears to be fair to Contra Costa County.
However, to offset this allocation formula, the State has
redistributed its funds so as to hold harmless, to the
greatest extent possible, those counties which lost funds as
a result of the Federal allocation. However, since the
Federal funds were earmarked for specific programs, the loss
of State funds substantially reduced our senior nutrition
program. Legislation has now been introduced which would not
be to this County' s benefit. We are suggesting that the
County attempt to have this legislation amended so it is more
to our liking or that we sponsor our own legislation to
require that state funds be distributed in a manner which
takes into account a county's proportionate share of the
State' s age 60+ citizens, minority senior citizens and low-
income senior citizens.
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19 . CONFORM STATE LAW TO ACTIONS ALREADY APPROVED BY THE BOARD OF
SUPERVISORS RELATING TO THE PAY AND STAFFING OF THE MUNICIPAL
COURTS
Sponsor legislation, the annual Municipal Court Pay & Staffing
bill, which would update State law to reflect those changes to
the classification, pay, number of employees and other
provisions affecting Municipal Court employees which have
already been approved by the Board of Supervisors.
[Recommended by the Municipal Court & the County
Administrator] .
State law requires that the Legislature fix the salary and
benefits of Municipal Court employees. This is accomplished
by setting forth in State law the number of employees by
classification, the salary and other provisions relating to
the pay and staffing of employees who work in the Municipal
Court. The State law provides that changes which are made by
the Board of Supervisors must be reflected in State law within
two years of the time the Board implements the change.
Therefore, each year the Board must sponsor legislation to
update the pay and staffing provisions of the Municipal Court
to reflect actions which have already been approved by the
Board of Supervisors .
20 . CORRECT SEVERAL DRAFTING OVERSIGHTS AND TECHNICAL CORRECTIONS
TO THE COUNTY' S RETIREMENT LAW
Sponsor legislation to include Tier II retirees in the group
of retirees who are eligible for ad hoc, supplemental COLA' s
and make other technical corrections to the County's
retirement law. [Recommended by the Retirement Administrator]
Legislation authored by Senator Boatwright in 1993 (SB 430)
included all of these technical corrections, as well as more
substantive changes to the retirement law. The Governor
vetoed the bill because he objected to one of the substantive
provisions . As a result, all of the technical corrections
were also vetoed. We are, therefore, proposing to resubmit
legislation which would make only the technical corrections.
21 . MAKE TECHNICAL CORRECTIONS TO THE DUTIES OF A SUPERIOR COURT
COMMISSIONER
Sponsor legislation which would clarify the duties of a
Superior Court Commissioner regarding other duties required by
law (technical clean-up to Government Code Section 70141 . 11 to
eliminate reference to a section of law which has been
repealed) . [Recommended by the County Administrator, concurred
in by the Superior Court Administrator] .
Again, this is solely a technical correction to remove a
reference to a section of law which was repealed several years
ago.
LEGISLATION TO SUPPORT, RATHER THAN SPONSOR:
22 . FOCUS ON OUTCOMES RATHER THAN PROCESS
Support, in general, legislation which substitutes the
achievement of agreed-upon measurable outcome objectives for
the many process requirements which are now contained in State
law.
We have testified before Legislative committees this year in
support of having the State focus on holding local government
responsible for achieving agreed-upon measurable outcome
objectives, rather than simply following certain bureaucratic
"process" requirements which tell someone what to do, rather
than what to accomplish. This is a major focus of the Board
of Supervisors ' effort to establish and implement performance-
based budgeting for the County and to hold departments
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responsible for achieving specific outcomes, rather than
simply following requires processes, which may or may not
accomplish the desired outcome. We will bring to the Board' s
attention during the year legislation which appears to be
consistent with this position and will look for opportunities
to sponsor amendments to legislation which will further this
goal .
23 . INCREASE THE FEE WHICH CAN BE CHARGED FOR CIVIL PROCESS TO
MORE NEARLY COVER ACTUAL COST
Support any legislation which is introduced which would
increase the fees which can be charged by the Sheriff to cover
the cost of civil process, either to a fixed level or to
simply allow the Board of Supervisors to set the fee to cover
actual costs. [Recommended by the Sheriff-Coroner] .
Current law limits the amount which can be charged by the
Sheriff-Coroner for handling and executing civil process . We
anticipate that the State Sheriff ' s Association will sponsor
legislation to either increase the fee to a more realistic
level or which would allow each Board of Supervisors to set
the fee at a level which would allow the County to recover its
documented costs for civil process.
24 . INCREASE THE CRIMINAL LAB ANALYSIS FEE FOR CONVICTIONS OF
VARIOUS DRUG OFFENSES
Support the efforts of others to sponsor legislation to
increase the criminal lab analysis fee for convictions of
various drug offenses from $50 to $125 to cover the actual
cost of the required lab analysis and to keep the fee paid by
those convicted of these offenses more nearly equivalent with
the fee paid by those who are diverted for these same
offenses . [Recommended by the Sheriff-Coroner]
The $50 fee for criminal lab analysis of various drug offenses
has not been increased since 1986 . It no longer covers the
cost of performing the necessary laboratory analyses. Recent
legislation requires those entering drug diversion programs to
pay the actual cost of the necessary lab analysis . As a
result, those entering diversion pay more than those who are
actually convicted of these same offenses . If the fee were
increased to $125, it would more nearly equal the cost of the
lab analysis and would more nearly equalize the fees charged
to those who enter diversion and those who are convicted of
the same offenses. We believe that this measure should be
sponsored by a statewide group such as the State Sheriff's
Association, although the Board of Supervisors should support
and actively work for the passage of the legislation.
25 . STREAMLINE AND REDUCE COSTS IN THE COURTS - #1
Support the efforts of Imperial County or others to reduce the
number of jurors from 12 to 6 on all misdemeanors and
eliminate the requirement that all parties agree on the number
of jurors if the number is less -than 12 . [Recommended by the
Imperial County Board of Supervisors, concurred in by our
Municipal Court Judges, District Attorney and Sheriff-
Coroner] .
Under current law, for a trial on a misdemeanor, a jury may
consist of a number less than 12, providing that all parties
agree on the number. The Imperial Court Board of Supervisors
has proposed reducing the number; from 12 to 6 and eliminating
the requirement that all parties agree on the number of
jurors . We are proposing to support Imperial County if they
introduce legislation to accomplish this change. We do not
propose to sponsor such legislation on our own unless the
Board subsequently provides 'authority to sponsor such
legislation.
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26 . STREAMLINE AND REDUCE COSTS IN THE COURTS - #2
Support the efforts of Imperial County or others to reduce the
number of preemptory challengesifrom 10 per side to 5, per
side, on all misdemeanors. [Recommended by the Imperial County
Board of Supervisors, concurred in by our Municipal Court
Judges, District Attorney and Sheriff-Coroner] .
Under current law, in capital cases, the defendant and the
people each has 20 peremptory ;challenges . In most other
criminal cases each side has 10 !peremptory challenges . Each
side has only 6 peremptory challenges if the offense is
punishable by imprisonment of 90 days or less . In civil
cases, each side has 6 peremptory challenges . To reduce the
size of jury panels which must be called and to reduce jury
fees which must be paid, Imperial! County has proposed that the
number of peremptory challenges be reduced to 5 for all
misdemeanors. We are proposing to support Imperial County if
they introduce legislation to accomplish this change. We do
not propose to sponsor such legislation on our own unless the
Board subsequently provides authority to sponsor such
legislation. ;
27 . STREAMLINE AND REDUCE COSTS IN THE COURTS - #3
Support the efforts of Imperial County or others to make
possession of less than one ounce of marijuana either a true
misdemeanor or a true infraction. [Recommended by the
Imperial County Board of Supervisors, concurred in by our
Municipal Court Judges, District Attorney and Sheriff-
Coroner] .
Under current law, possession -of less than one ounce of
marijuana is a misdemeanor, allowing the defendant a jury
trial and public defender, but the law allows the Court to
impose a maximum fine of only $100, less than the fine which
can generally be imposed for an I infraction. Imperial County
has proposed that this offense either be made an infraction,
thereby removing the right to a public defender and jury trial
at public expense, or that the punishment be made more
consistent with the punishment for other misdemeanors . We are
proposing to support Imperial County if they introduce
legislation to accomplish this change. We do not propose to
sponsor such legislation on our own unless the Board
subsequently provides authority to sponsor such legislation.
28. OBTAIN ADDITIONAL FUNDING TO SUPPORT LIBRARY FACILITIES
Support any library bond measure which is introduced which
would make it possible to use State bond funds to construct
libraries. [Recommended by the County Administrator and County
Librarian] .
Several bills have been introduced which may provide funding
for library facilities, primarily through the sale of State
bonds. We will bring these bills to the Board of Supervisors
individually for support, but believe that the Board should
generally support the need for a State bond measure on the
ballot in 1994 to provide funding for library facilities,
particularly in view of the enormous cuts in funding which the
County Library had to sustain this fiscal year.
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