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HomeMy WebLinkAboutMINUTES - 12121995 - D2 TO: BOARD OF SUPERVISORS 5 L Contra � �..... -..oma r- FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR Costa x��:...�..... :a County 7,l�W 40 DATE: December 61 1995 Tq CUUN'� SUBJECT: PROPOSED 1996 LEGISLATIVE PROGRAM SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND A D JUSTIFICATION RECOMMENDATIONS: 1. ADOPT the attached proposed 1996 Legislative Program as the Board's Legislative Program for 1996. 2. DIRECT the County Administrator and County's legislative representative in Sacramento to actively pursue the positions outlined in the approved 1996 Legislative Program, seeking authors for legislation where indicated and taking other actions as necessary and appropriate. 3. AUTHORIZE the County Administrator, the County's legislative representative in Sacramento and County Department Heads or their designated staff to work in support of the Board's positions on legislation, including testifying before legislative committees, providing background information in support of the Board's positions and investing the necessary staff time to document and support the Board's position on specific issues. BACKGROUND: On December 5, 1995, we summarized for the Board of Supervisors the status of each of the items contained in the Board's 1995 Legislative Program. Each year, we solicit-suggestions from County Departments for legislation they would like to see the Board of Supervisors sponsor, support or oppose during the , upcoming Legislative Session. These suggestions are reviewed with the Department and are CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): (50_.e� Li// ACTION OF BOARD ON December 12, 1995 APPROVED AS RECOMMENDED X OTHER 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. ATTESTED December 12 , 1995 Contact: . County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF cc: County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Les Spahnn; Heim, Noack, Kelly and Spahnn 1121 L Street, Suite 100 Sacramento, CA 95814 BY 0, DEPUTY discussed with our legislative representative in Sacramento. We also review prior years' Legislative Programs to identify items which were not enacted that are still relevant to pursue. From these reviews, the County Administrator's Office prepares a proposed Legislative Program for the coming year. Once approved by the Board of Supervisors, the Legislative Program becomes the Work Plan attachment to the Board's contract with its legislative representative in Sacramento. It also serves to direct the activities of staff in support of the positions outlined by the Board. During the year, the Legislative Program is amended from time to time by the Board in taking positions on specific pieces of legislation and as events dictate the need to modify the program. We will also provide the Board with periodic reports during the year on the status of each of the elements of the Board's Legislative Program. It is, therefore, recommended that the Board review the attached proposed 1996 Legislative Program, modify it in whatever way the Board wishes, and then approve it so we can move ahead with seeking authors for legislation and lining up support for the positions reflected in the Board's Legislative Program. -2- PROPOSED 1996 LEGISLATIVE PROGRAM CONTRA COSTA COUNTY 1 . DIRECT staff to monitor State legislation needed to implement Federal block grants for AFDC, Medi-Cal and other programs and insure that Contra Costa County's concerns are addressed. We anticipate that a major portion of the time of the County's legislative representative in Sacramento and that of staff in 1996 will be involved in monitoring, analyzing and attempting to influence actions the Legislature and Administration may take to implement the Welfare Reform, Medicaid Reform and Medicare Reform proposals that appear to be possible components of the Congress' efforts to chart a path toward a balanced Federal Budget. Without attempting to anticipate or recommend a position on any of these possible developments at this time, we do want to clearly establish direction from the Board of Supervisors that staff and the County's legislative representative are to take the time necessary to keep this County's interest in the forefront of discussions such as the formula which may be used to allocate block grant funds among the counties and other similar activities which may profoundly affect the County in the coming year. 2. Agree to SUPPORT General Assistance legislation to allow boards of supervisors to better manage the General Assistance Program in the following areas: Allowing a credit against the grant for medical care. Allowing a credit against the grant for shared housing arrangements. Allowing the imposition of time-limits for able-bodied individuals to be on aid. We anticipate that legislation to reform the ability of the Board of Supervisors to manage the General Assistance Program will continue to be a priority with the California State Association of Counties (CSAC) and with individual legislators. While we are not recommending that the Board of Supervisors actually ssponsor such legislation, it will be important for the County's legislative representative and staff to monitor the progress of such legislation and support these and possibly other particular provisions in any legislation which is introduced. 3. DIRECT staff to monitor children's services realignment proposals as well as other realignment proposals and insure that Contra Costa County's concerns are taken into consideration. In 1995, the Governor proposed realignment of children's child welfare services programs in exchange for a portion of the sales tax. We noted the inherent instability of this proposed exchange because of the tendency of the child welfare caseload to increase and the tendency of sales tax revenue to decrease during times of poor economic activity. We proposed the possible realignment of child welfare programs for State assumption of a greater portion of the cost of operating the Trial Courts. We are not even suggesting that the Board of Supervisors necessarily support such a realignment proposal at this time. Staff would propose to closely monitor and advise the Board of developments in this area and seek specific positions of support or opposition to specific proposals at that time. 4. Agree to devise and SPONSOR legislation (if necessary) to implement a mechanism to more adequately fund the Sheriff's Marine Patrol Program. OPPOSE efforts to divert funds through the budget process for purposes not directly related to boating, thereby reducing the pool of funds which should be available for boating programs, including the Marine Patrol. Supervisor Torlakson, Sheriff Rupf and staff have worked very hard for the past several years to find a mechanism which would provide additional funding for the Sheriffs Marine Patrol Program in a manner which is acceptable to the Legislature and the Administration. Substantial progress has been made in the past year with assistance from Assemblyman Richard Rainey to bring the problems and inequities of the current funding program to the attention of the Governor's Office. Meetings are continuing with the Assemblyman and the Governor's staff and we are hopeful that 1996 may be the year when substantial progress will be made in this area and result in additional funding to the Sheriff's Marine Patrol Program. Any specific program which requires legislation for its implementation will be shared with the Board of Supervisors before we agree to sponsor the legislation. In addition, it is important that the diversion of funds which has taken place in the past for purposes not directly related to boating programs be stopped. Otherwise there is little to be gained from trying to gain a larger portion of a fund which is being drained for other purposes. Stopping this diversion is particularly important for the owners of marinas as a prerequisite to their agreeing to support any increase in funding flowing into the Boating and Waterways Fund from sources such as an increase in the vessel registration fee. 5. Agree to SPONSOR legislation to allow the County to protect the confidentiality of information on 9-1-1 tapes. The Board sponsored legislation in 1993, (SB 222, Boatwright (Chapter 751, Statutes of 1993]) to permit the telephone company to release unlisted telephone numbers and addresses to the County for purposes of maximizing the effectiveness of the CAN (Community Alert Network) system. We have just about concluded negotiations with Pac Bell to acquire their 9-1-1 tapes for this purpose. However, we are concerned that someone might try to gain access to these tapes for unrelated purposes through the Public Information Act. We believe that it is essential that the confidentiality of this information be protected in order to maintain the credibility and integrity of the CAN system. We are, therefore seeking legislation which will allow the County or its agents to maintain the confidentiality of this information. 6. Agree to SPONSOR a 1996 Municipal Court Pay and Staffing Bill. Each year the Board of Supervisors must sponsor legislation to conform state statutes to action already taken by the Board of Supervisors in regard to the pay and staffing of employees of the Municipal Courts. Such a piece of legislation will again be required in 1996 to reflect changes which have been or may soon be made in the pay and staffing of the employees of the Municipal Courts. 7. Agree to SPONSOR legislation to change the time requirement for submission of an audited financial statement by CCHP. Under current law, the CCHP is required to submit its audited statement for a fiscal year within 120 days of the end of the fiscal year, or by approximately October 31 for the prior fiscal year. The problem with this is that the County's books have often not been closed on the prior fiscal year in time to produce an audited financial -2- statement by that date. We are seeking legislation which would allow this audited statement to be submitted within 180 days of the end of the fiscal year. 8. Agree to SPONSOR legislation or SUPPORT the efforts of others to change the asset forfeiture transfer to crime labs. The Sheriff is seeking the support of the Board of Supervisors to recognize Contra Costa County's Crime Laboratory (and possibly others in the State) as regional laboratories which would, therefore, be able to obtain additional funding for its programs from the asset forfeiture funds. If we are unable to convince the State Sheriff's Association to sponsor this legislation, we will try to devise a pilot project which only involves Contra Costa County's Crime Laboratory so that our efforts do not disrupt funding arrangements statewide. 9. DIRECT staff to monitor legislation having to do with capital facilities funding for juvenile facilities. The Juvenile Systems Planning Advisory Committee (JSPAC) has asked the Board of Supervisors to provide some additional support to it in monitoring legislation which would provide funding for juvenile hall facilities or other juvenile facilities which would fit within the continuum of care which JSPAC has prepared and which the Board of Supervisors has approved. The Board of Supervisors has already gone on record in support of including within prison bond measures funds for juvenile facilities. We will ask the County's legislative representative to remain aware of and advise us of significant movement in the funding of juvenile facilities and to work with us to insure that any such funding protects the interests of Contra Costa County. 10. Agree to SPONSOR legislation or SUPPORT the efforts of others to enact legislation to modify the filing and retention requirements for reclamation district election results to County Clerk from Clerk of the Board. The Clerk of the Board has brought to our attention a problem with current State statutes which require that the ballots for reclamation district elections be forwarded to the Clerk of the Board, as opposed to the County Clerk (Elections Division) as is true for all other election documents. The Clerk of the Board has no other responsibility to retain election results or ballots for other entities. It makes more sense that these ballots and election materials be filed with the County Clerk. We are seeking authority for legislation which would transfer this responsibility to the County Clerk. We will ask the County Clerk's Association to sponsor this legislation but if it is unwilling to do so, we would ask that the Board of Supervisors sponsor the legislation. 11 . DIRECT staff to work with CSAC to modify the maintenance of effort requirement for the deposit of fines and forfeitures with the State. Legislation enacted several years ago to encourage counties to maintain their collection efforts on fines and forfeitures (AB 2409, Chapter 1199, Statutes of 1992) required that the County each year transmit to the State at least the amount of revenue it transmitted during the previous fiscal year. This was amended the following year by AB 392 (Chapter 158, Statutes of 1993) to apply to the 1992-93 fiscal year. For a variety of reasons, including the state of the economy during the past several years, the County has not collected and transmitted to the State the base amount of fine and forfeiture revenue. This has required that the County come up with County General Fund revenue to complete the maintenance of effort. -3- The existing requirement also does not take into account changes in law which may change the amount of fine and forfeiture revenue which is collected and transmitted to the State. It is probably not possible for the County to successfully sponsor this legislation alone because of concerns that any such change be coordinated with overall efforts to reform the funding of the Trial Courts. However, this County has a significant stake in such legislation and should work with CSAC on reforms to this particular maintenance of effort requirement. 12. OPPOSE efforts to increase fees paid by counties for CYA commitments. In 1995, the Administration proposed changes in the amount counties pay to commit minors to CYA, both by increasing the base amount that would be paid per month per commitment and in discouraging the commitment of less serious violators by substantially increasing the percentage of full cost which would have to be paid for these commitments and relatively lesser percentages for more serious commitments. With the cuts which have had to be made in the Probation Department in recent years, with the relative lack of control the County has over the commitment actions of the Juvenile Court and with the other substantial fiscal pressures with which the Probation Department may be faced with the potential loss of Title IV-A federal funds we believe that this is not an effective way of funding the Youth Authority at the expense of the counties. 13. Agree to SPONSOR legislation to limit the period of time within which the State can recover audit repayments. The Auditor-Controller recently called to our attention a situation where the State Department of Social Services was able to successfully recover $705,000 in funds resulting from audit exceptions involving the period from July 1977 through June 1983 - 12 to 18 years after the fact! We believe that the State should be required to finally settle audits in far less time than this and would recommend that the Board be prepared to sponsor legislation to limit the period of time within which the State can recover audit exceptions from the counties. Further staff work will be needed on this before actual legislation is determined to be the appropriate solution, but we believe that a legislative solution may be the only effective course of action. 14. DIRECT staff to explore the feasibility of legislation to increase penalties for willful discharges by industries. On August 1, 1995, the Board of Supervisors expressed its willingness to sponsor legislation which would increase the penalties for discharges by industries into the atmosphere. Specifically, Supervisor Smith recommended legislation which would: A. Make wilful discharges felonies rather than misdemeanors. B. Increase fines dramatically. C. Authorize local control and monitoring of penalties so the imposition of penalties can be monitored and controlled locally. D. Require that the full detrimental impact be included in judging the penalties which should be imposed, including the desirability of living in close proximity to an industrial plant, and actual economic damage as well as the health costs. -4- Similar efforts have been made by the County in the past. They necessarily involve extensive discussions with industry representatives and careful negotiations with many involved and affected parties. It is unlikely that such legislation can be effective within a single year, particularly at the end of a two year legislative session which is closely divided politically as is this Legislature. However, initial discussions can be undertaken and a strategy outlined which may be able to be implemented in the next Legislature. 15. DIRECT the County Administrator to consult with the County Clerk regarding recent problems which have been noted in election procedures and processes which have affected whether a voter's ballot is accepted for counting or not and propose to the Board of Supervisors possible legislative solutions to some or all of those procedural or process-oriented problems for subsequent sponsorship by the Board of Supervisors. At the Board of Supervisors meeting on December 5, 1995, Supervisor Bishop noted several problems which had arisen recently in elections procedures and processes which have affected whether a voter's ballot is counted or not after the voter has voted his or her ballot. The County Clerk has been contacted and acknowledges that there have been several such procedural or process-related problems which have affected the extent to which voted ballots have been counted or rejected. It will take a few weeks to research each of these issues and identify those which can be addressed by legislation and those where legislation may not be the most effective or appropriate solution to the identified problem. We will return to the Board as soon as possible with a report on areas in which legislation may be effective in solving these problems. 16. REAFFIRM the Board's SUPPORT for ACA 8 (Goldsmith) which would tighten and clarify the Constitutional prohibitions on the State's enacting unfunded mandates on local governments. On December 5, 1995, the Board of Supervisors voted to support ACA 8 which would amend the California Constitution to clarify and tighten up on the requirements that the State not enact unfunded mandates on local governments and which would provide various method of obtaining relief where such unfunded mandates are enacted. This measure has got to be a cornerstone in our effort to return adequate discretion and decision-making to local governments so that we can meet the needs of our citizens and implement local priorities. 17. REQUEST the California State Association of Counties (CSAC) to address the problem which counties face in having to finance the trial courts while having little or no ability to effectively control the budget of the trial courts. Counties confront a dilemma where they are required to fund the trial courts, as well as numerous other vital programs. However, the ability of the Board of Supervisors to effectively set priorities and determine the relative importance of these programs is severely restricted in the case of the trial courts because they are, in many senses, "off-limits" in terms of taking a proportionate share of reductions along with all other programs for which the Board of Supervisors is responsible. While a single county cannot effectively address this situation, the State Legislature needs to address the problem of the funding of the trial courts immediately. CSAC and -5- i F individual Boards of Supervisors need to work with the Legislature and the trial courts to find a mutually acceptable solution which will place funding responsibility at the level of government which has the ability to control the growth of the courts. Items 16 and 17 were added by the Board of Supervisors December 12, 1995. Items 1 through 17 were approved by the Board of Supervisors December 12, 1995. -6-