HomeMy WebLinkAboutMINUTES - 10261993 - 1.35 A Z
TO: BOARD OF SUPERVISORS S......
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Phil Batchelor, County Administrator �OS+a
FROM: l
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DATE: October 21, 1993 °srA roux �_"` Count Y
SUBJECT: STATUS REPORT ON THE RESULTS OF THE BOARD'S
1993 LEGISLATIVE PROGRAM
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ACKNOWLEDGE the attached report from the County Administrator on
the results which were achieved in 1993 in accomplishing the
various elements of the Board' s 1993 Legislative Program.
BACKGROUND:
Each year, the Board of Supervisors adopts a Legislative Program
which outlines those issues the Board of Supervisors wishes to
sponsor in the upcoming Session of the Legislature. Attached is a
final accounting of those elements which were included in the
Board' s 1993 Legislative Program and the results of staff ' s efforts
to achieve each element of that program.
Given the State' s extraordinary fiscal situation, which resulted in
the transfer of $2 . 6 billion in property tax revenue from local
governments to the State, we believe that the County was reasonable
successful in its 1993 Legislative Program.
We are -presently preparing a proposed 1994 Legislative Program
which will be presented to the Board probably on December 7, 1993
for the Board' s consideration. Those elements which were not
achieved in 1993 and which continue to be a priority with the
County will be reviewed for inclusion in the proposed 1994
Legislative Program.
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CONTINUED ON ATTACHMENT: X YESSIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
l APPROVE OTHER
SIGNATURE S:
ACTION OF BOARD ON 0-c-lobar 26, 19Q3 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 OCT 2 6 1993
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
All Department Heads (Via CAO)
CAO-List. l (Via CAO)
Les Spahnn; Heim, Noack & Spahnn BY DEPUTY
RESULT OF EFFORTS TO ACHIEVE AMENDED 1993 LEGISLATIVE PROGRAM
CATEGORY 1 - High Priority - Statewide Impact - Requires extensive
coordination with others :
1 . Negotiations over the State Budget for the 1993-94 Fiscal Year
- Insure that Contra Costa County is treated fairly in
negotiations over the 1993-94 State Budget.
Board members, the County Administrator, many department heads
and the County' s lobbyist were heavily involved in this issue.
The loss of the Special District Augmentation Fund hit this
County more heavily than others because we relied on it more
heavily to fund various programs . We were partially protected
by having fire districts exempted from the property tax
transfer. While staff continued to work with our delegation
on exempting police districts through the "Caboose Bill" , AB
1519 ( Isenberg) , we ended up not being successful. As the
Board has already directed, this will be a high priority item
as soon as the Legislature reconvenes in January.
2 . Preserve the integrity of the "Teeter Plan" for distributing
property taxes to other local taxing jurisdictions - Oppose
any efforts to take delinquent tax penalties from those
counties which choose to be governed by the "Teeter Plan" for
distributing property taxes .
No successful effort was undertaken in 1993 to remove
delinquent tax penalties from the counties.
3 . Support efforts to continue the 1/2 cent sales tax increase
which is due to expire June 30, 1993. - Endorse the
continuation of the 1/2 cent sales tax, either to provide
State revenue or to be imposed for the benefit of local
agencies .
Through the strong lobbying of the District Attorney and the
Sheriff, we were successful in having the one-half cent sales
tax extended for six months via SB 509 . In addition, we were
successful in having the permanent extension of the sales tax
placed on a Special Election ballot statewide on November 2,
1993 via SCA 1, thereby providing the possibility of permanent
funding for public service programs through the sales tax.
4 . Protect County Program Realignment Revenues by a
Constitutional Amendment - Reaffirm support for legislation
similar to ACA 35 (Bronzan) of 1992 which would lock into the
State Constitution the guarantee of revenue provided for
Program Realignment.
No specific progress was made in this area, although CSAC is
considering an Initiative Constitutional Amendment for the
November, 1994 ballot to protect the local property tax.
5A. Expand Program Realignment to include juvenile justice
programs - Support realignment of juvenile justice funding and
program responsibility for CYA funds.
AB 1028 (Polanco) was introduced for this purpose. The bill
is currently pending in the Assembly Ways & Means Committee.
5B. Develop a fuller partnership with the State Department of
Alcohol and Drug Programs - Support efforts to obtain greater
flexibility in the use of State and Federal alcohol and drug
funds .
Some substantial progress was made in this area through the
passage of SB 627 (Chapter 64, Statutes of 1993) , which
requires the State Department of Alcohol and Drug Programs to
enter into net negotiated amount contracts for alcohol and
drug funds with any county which requests to do so during the
1993-94 fiscal year and requires that net negotiated amount
contracts be entered into with all counties by July 1, 1994 .
In connection with the provision of net negotiated amount
contracts for alcohol and drug programs, all requirements for
the preparation, approval and submission of the annual alcohol
plan and annual drug plan are repealed effective July 1, 1994 .
6 . Expand ability of the Board of Supervisors to increase fees to
cover actual costs - Sponsor legislation or support the
efforts of others to remove exceptions to the current law
which allows the Board of Supervisors to increase a variety of
fees to cover the actual cost of delivering the service.
Only minor progress may be made in this area through specified
authority for the Board of Supervisors to fix some of the
Recorder' s fees contained in AB 130 (Tucker) . Some additional
authority to fix fees for the Agricultural Commissioner-Sealer
of Weights and Measures was enacted in AB 1491 (Chapter 1050,
Statutes of 1993) .
7 . Managed Care for Medi-Cal Program Beneficiaries - Follow
development of "managed care" program closely and support any
required legislation which will provide Contra Costa County
with the ability to manage Medi-Cal Program expenditures in
this County. In this regard, maintain contact with the State
Health & Welfare Agency.
AB 476 (Rainey) was introduced for this purpose. The decision
was made not to proceed with legislation in 1993 until it was
determined that legislation was necessary. The bill remains
available as a vehicles for this purpose in 1994 .
8 . Oppose efforts to dilute commitment to appropriate SB 1732
funds - Oppose any efforts which may be made to reopen SB 1732
provisions which would remove or weaken the Legislature's
commitment to appropriate funds for all health care capital
projects now in the pipeline.
There were no successful efforts to dilute the Legislature' s
commitment to funding SB 1732 for the 1993-94 fiscal year.
9 . Increase the "Cap" on use of federal SB 855 funds - Support
efforts to increase the "cap" on use of federal funds
resulting from the passage of SB 855, based on the fact that
additional jurisdictions have ' indicated a willingness to
provide State matching funds . Failure to increase the cap
dilutes the money this County will receive.
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The cap was increased by a modest amount, thereby preserving
the funds on which this County had counted.
10 . Modify Traffic Amnesty Program - Sponsor or support the
efforts of others to amend Vehicle Code Section 42008 to
permit all appropriate delinquent traffic cases to be eligible
for amnesty versus only those which were delinquent as of
April 1, 1991 and exempt the amnesty revenue which is
collected from the total revenue counties are obligated to
transfer to the State, thereby providing counties with an .
incentive to operate an amnesty program. .
SB 149 (Boatwright) was signed into law by the Governor. It
is now Chapter 1299, Statutes of 1993 . It would permit any
county which has not implemented a traffic amnesty program
since May 1, 1992, an opportunity to implement one on a one-
time only basis between January 1, 1994 and December 31, 1996
and to include any traffic ticket which is delinquent by at
least six months as of the time the amnesty program is
effective. All proceeds from the traffic amnesty program will
remain with the County.
10A. Protect the Sacramento-San Joaquin Delta Estuary - Agree to
co-sponsor legislation designed to protect the Sacramento-San
Joaquin Delta Estuary if Assemblyman Campbell decides to
reintroduce such legislation.
Assemblyman Campbell did not undertake such legislation in
1993 .
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CATEGORY 2 - Secondary Priority - Statewide Impact - Requires
substantial coordination with others :
11 . Increase Device Registration Inspection Fee - Support
legislation which would increase device registration
inspection fees .
Legislation to permit the Board of Supervisors to increase the
fees for devise registration was signed into law by the
Governor, AB 1491, Chapter 1050, Statutes of 1993.
12 . Impose an additional Recording Fee to Automate the Assessor' s
Records - Sponsor legislation to provide a Board of
Supervisors the option of imposing an additional fee on
recording documents to pay for . automating the Assessor's
records .
While a good deal of effort was expended on this proposal, we
were not successful in getting such a fee enacted. We will
consider including this measure in the Board' s 1994
Legislative Program.
13 . Fee to recover costs of repeat site visits to insure
compliance with County Ordinance Code - Sponsor legislation to
allow a fee to be charged for repeat site visits to insure
that County Ordinance Code violations are corrected.
No progress was made on this measure in 1993. We will
definitely include this as a high priority measure in the
Board's 1994 Legislative Program.
14 . Allow County Service Area Law to be Used for Library Services
- Support the efforts of the American Library Association or
other counties to enact legislation allowing a board of
supervisors to impose a benefit assessment pursuant to the
County Service Area law for library services . Require a
majority approval by the voters if that appears to be the only
way to get such legislation signed by the Governor.
Los Angeles County and the California Library Association co-
sponsored SB 566 (Roberti) which would substantially
accomplish what the Board was seeking. SB 566 passed the
Legislature but was vetoed by the Governor. It seems unlikely
that the current Administration will sign any further benefit
assessment legislation, even if it requires a vote of the
people.
15 . Statewide Bond Measures for Library Construction - Support any
statewide bond measure which provides funds for library
construction.
No bond measure specifically providing for library
construction was introduced in 1993 . However, SB 596
(McCorquodale) would provide for a bond measure of $1 billion
for various city, county and special district capital
construction needs . SB 596 is on the inactive file on the
Senate Floor and may be considered again in 1994 .
16 . Reduce Match Requirement for Public Library Fund - Support
and/or Sponsor control language in the 1993-94 State Budget to
reduce the match requirement for Public Library Fund monies
from 95% as per the 1992-93 budget to 90% in order to insure
that we do not lose these State funds .
We were successful in getting Budget Item 6120-221-001 amended
to 90% for this purpose. However, with the loss of the SDAF
funding, we had to cut the County Library' s funding below even
this level and thus will apparently also lose our State
Library funding. In addition, however, SB 544 was passed by
the Legislature and signed into law by the Governor. It is
now Chapter 897, Statutes of 1993 . It provides that State
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Library funding can still be obtained if the County's funding
reduction in 1993-94 is no more than 20% of the 1992-93 fiscal
year appropriation to the County Library. We may be able to
recover some funds from this legislation.
17 . Centralize records of arrest and bench warrant information -
Seek a legislative or administrative resolution to the fact
that the State Department of Justice is presently unable to
accept required criminal history information (Form JUS 8715)
directly via computer without the need to produce a hard copy.
This matter was handled administratively, apparently
successfully, between the Municipal Court and the Department
of Justice.
18 . Victim/Witness Address Information -
Require the District Attorney to mask the name, address and
telephone number of victims and witnesses before filing a
criminal complaint with the court to the same extent law
enforcement agencies were required to do so by Chapter 3,
Statutes of 1992 .
The Board of Supervisors dropped sponsorship of this item on
January 5, 1993 at the request of the Municipal Court because
the Court was able to reach an agreement with the District
Attorney which is satisfactory to all parties .
19 . Permanent reform of "Teeter Plan" regarding distribution of
property taxes - Sponsor legislation to provide a permanent
solution to "Teeter Plan" provisions which allow for access to
unneeded funds in the Tax Losses Reserve Fund while
maintaining the fiscal integrity of the Fund.
We were successful in accomplishing passage and enactment of
SB 672 (Greene) [now Chapter 81, Statutes of 1993] which
provided the County with an alternative formula for funding
the Tax Losses Reserve Fund which will avoid the penalties
contained in the original "Teeter Plan" legislation for a
delinquency rate in excess of 3% .
20 . Marine Patrol - Support the efforts of other jurisdictions to
introduce legislation to identify a funding source for the
Marine Patrol . At the same time, work with Delta Protection
Commission through Supervisor Torlakson on the implementation
of SB 1866 to insure marine patrol needs are identified as a
part of the Commission's report which is due to the
Legislature by July 1, 1994 .
We are continuing to work through the Delta Protection
Commission, which we hope will sponsor legislation in 1994 to
provide a funding mechanism for Marine Patrol.
21 . Retirement Legislation - Sponsor legislation to:
* Include Tier II retirees in the group of retirees who are
eligible for ad hoc, supplemental COLA's,
* Include clarification that, for any supplemental
increases which are prefunded, their value reduces the
retiree's accumulated unpaid COLA account.
* Allow the amortization schedule to be extended "not to
exceed" 30 years, rather than only 30 years as per SB
1107 . Going all the way to 30 years reduces the
employer's contributions by 2 .43% and saves the County
$7 .5 million a year.
* Add a revised version of AB 2411 from 1992, regarding
optional spousal survivor benefit election.
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The first three items were successfully included in SB 430
(Boatwright) which was passed by the Legislature. However,
the Governor vetoed SB 430 because of the prefunded
supplemental COLA provision. We will be considering, in
consultation with the Retirement Administrator, whether to
recommend the inclusion of the other items in separate
legislation in the Board's 1994 Legislative Program.
22 . State approval of County Integrated Waste Management (AB 939 )
Plans - Sponsor amendments to AB 3001 of 1992 to permit this
County and others similarly situated to have their AB 939
Plans approved by the State and therefore to become effective.
Delay the requirement for completion of a nondisposal facility
element to the Plan until the Plan is first amended after
having been approved.
We believe that this matter has been resolved successfully
administratively. It is our understanding that the Integrated
Waste Management Board has agreed to give Assemblyman Sher a
letter indicating that any county which has submitted its Plan
will have the Plan reviewed according to current law, rather
than delaying the review and approval process for the
inclusion of the nondisposal facility element.
23. Sponsor legislation to incorporate any settlement with the San
Ramon Valley Fire Protection District into State law - Sponsor
legislation which can be used as a vehicle to place in statute
any settlement to the pending litigation with the San Ramon
Valley Fire Protection District.
The elimination of the SDAF has made this issue substantially
moot. Language was included in AB 1519 which provided that
the courts would be responsible for determining the situation
regarding the San Ramon Valley Fire Protection District,
something which has now been accomplished.
24 . Protect Tanner Plan agreements on "Fair Share" in the Bay Area
- Sponsor or support the efforts of others to require State
agencies to act on pending Hazardous Waste Management (Tanner)
Plans .
AB 1034 was introduced for this purpose. It has passed the
Legislature and has been signed into law by the Governor. It
is now Chapter 436, Statutes of 1993 .
25 . Exempt publicly operated health plans from licensure by the
State Department of Corporations - Support legislation to
exempt publicly operated health plans which are only for
employees and dependents from licensure by the Department of
Corporations . Depending on the status of the study being
conducted by the Senate Office of Research, a further
extension of the waiver as per SB 1664 of 1992 may be
required.
While we were not successful in getting a complete, permanent
exemption for publicly operated health plans, or those
operated through a labor-management trust such as First
Choice, we have been successful in obtaining an additional
two-year exemption while further studies are completed and
considered by the Legislature. This extension is contained in
SB 902 (Rogers) which passed the Legislature and has been
signed into law by the Governor. It is now Chapter 760,
Statutes of 1993 .
26 . Eliminate unnecessary tests which the Coroner is currently
required to perform - Sponsor or support the efforts of others
to eliminate unnecessary tests being performed by Coroners .
This has been accomplished through AB 164 (Rainey) which has
passed the Legislature and has been signed into law by the
Governor. It is now Chapter 389, Statutes of 1993 .
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27 . Obtain unlisted telephone numbers from the telephone company
for purposes of the Community Alert Network Program - Sponsor
legislation, if needed, to require telephone companies to
release unlisted telephone numbers to the Community Alert
Network (CAN) system.
This has been accomplished through SB 222 (Boatwright) which
has passed the Legislature and has been signed into law by the
Governor. It is now Chapter 751, Statutes of 1993.
28 . Additional Judgeships for the Delta Judicial District of the
Municipal Court - Sponsor the inclusion in any omnibus bill
creating new judges of ne new judge for the Delta Judicial
District of the Municipal Court.
No new judgeships were approved in 1993 . The omnibus judges
and commissioners bill is SB 10 (Lockyer) , which is in the
Senate Appropriations Committee. Given changes in workload
and the State' s precarious fiscal situation, it is unlikely
that additional judicial positions will be created in the near
future.
29 . Expand Court Commissioner Authority - Provide the courts in
Contra Costa County with the authority to grant Court
Commissioners the full authority of magistrates as a pilot
project in conjunction with the County's approved
administrative adjudication project which was approved by the
Legislature and the Governor in 1992 .
The Board of Supervisors dropped its sponsorship of this
measure on March 2, 1993 because of objections from the
District Attorney.
CATEGORY 4 - Either entirely local impact or statewide impact but
purely technical in nature and without controversy:
30 . Municipal Court Pay & Staffing Bill - Sponsor legislation to
conform State law to County approved practices regarding
Municipal Court personnel .
The necessary changes were included in an omnibus municipal
court pay and staffing bill authored by the Assembly Judiciary
Committee, AB 2207, which passed the Legislature and has been
signed into law by the Governor. It is now Chapter 1091,
Statutes of 1993 .
31 . Clarify Duties of a Superior Court Commissioner regarding
Other Duties Prescribed by Law - - Technical clean-up to
Government Code Section 70141 . 11 regarding duties of a
Superior Court Commissioner.
This measure did not get included in any legislation in 1993
and will be pursued again in 1994 .
32 . Clarify publication requirements for fire district budgets -
Sponsor legislation to require only one time publication for
fire district budgets so it matches other special district
publication requirements .
This matter was included in the Local Government Clean-up
Bill, SB 405 (Bergeson) , which passed the Legislature and has
been signed into law by the Governor. It is now Chapter 1195,
Statutes of 1993 .
33 . Provide clear authority for counties to place special tax
measures on the ballot for consideration by the voters. -
Sponsor legislation or support the efforts of others to enact
legislation which would clarify that counties have the
authority to place a special tax measure on the ballot for
consideration by the voters .
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This matter was addressed in AB 937 (Campbell) , which passed
the Legislature and has been signed into law by the Governor.
It is now Chapter 1039, Statutes of 1993.
34 . Seek funding for the costs of fighting the Bradford Island
fire. - Sponsor legislation which would result in
reimbursement to those fire protection districts which fought
the Bradford Island fire in November, 1992 .
The amount of money involved here ended up to be far less than
had been anticipated. While this was discussed with Senator
Boatwright, a decision was finally made that it would be
extremely difficult to obtain State reimbursement because of
the State' s financial picture. The longterm solution should
be to annex the island to one of the existing fire protection
districts so that there will be a clear responsibility to
respond to any future fire.
35 . Seek authority to impose a benefit assessment for law
enforcement and library services . - Sponsor legislation which
would provide Contra Costa County and its cities the authority
to impose a benefit assessment for law enforcement services
and the County the authority to impose a benefit assessment
for library services .
Legislation was introduced both for libraries (AB 1904 -
Campbell) and law enforcement (AB 1905 - Campbell) . Enormous
opposition was generated against the law enforcement bill
because of the dedication of the sales tax to public
protection. It was suggested that we await the outcome of the
November 2, 1993 election on Proposition 172 before
determining whether to pursue a benefit assessment. In terms
of the County Library, we have deferred to Senator Roberti ' s
SB 566, since it seems to have a better chance of passage and
would provide a statewide mechanism with which to fund library
services . Unfortunately SB 566 was vetoed by the Governor,
probably signaling that it is unlikely that the present
Administration will look favorably on further efforts to
expand the authority to use benefit assessment legislation for
additional services not already included.
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