HomeMy WebLinkAboutMINUTES - 02281995 - 1.11 (2) 1.109 thru 1.116
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA '_ =
Adopted this Order on February 28,1995, by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: CORRESPONDENCE
Item No.
1.109 LETTER dated January 24, 1995, from L. Stewart, Chair, Contra Costa County Hazardous
Materials Commission, 20 Allen Street, Martinez 94553, requesting the Board to consider
the risk from hazardous materials releases in any land use decision and the impact of
residential encroachment on industrial facilities.
***REFERRED TO HEALTH SERVICES DIRECTOR AND COMMUNITY
DEVELOPMENT DIRECTOR
1.110 LETTER dated February 13, 1995, from A. Jimenez, Chair, Newcomers Task Force of
Contra Costa County, 1220 Morello Avenue,Martinez, inquiring about the scope and nature
of actions being taken by the County to inform employees, service providers, and local
residents about eligibility requirements for immigrants seeking medical and social services
in Contra Costa County.
***REFERRED TO HEALTH SERVICES DIRECTOR AND ACTING DIRECTOR,
SOCIAL SERVICE DEPARTMENT
1.111 LETTER dated February 9, 1995, from J. Bischofberger, President, Alameda-Contra Costa
Transit District, 1600 Franklin Street, Oakland 94612, requesting support for the
establishment of a multi-modal transit center in Downtown San Francisco.
***REFERRED TO TRANSPORTATION COMMITTEE
1.112 LETTER dated February 1, 1995, from A. Simmons, Vice-President, Association for
Minority Adolescents in Residential Care Homes, 2919 Mullens Drive, Richmond 94806,
regarding placement of African-American children in foster care and group homes.
***REFERRED TO ACTING DIRECTOR, SOCIAL SERVICE DEPARTMENT
1.113 LETTER dated February 13, 1995, from R. Rodriguez, Chairman, Mexican-American
Political Association, 1894 Cannon Drive, Walnut Creek 94596, regarding membership on
the Housing and Community Development Advisory Committee.
***REFERRED TO INTERNAL OPERATIONS COMMITTEE
1.114 LETTER dated February 14, 1995, from A. Harper, P.O. Box 5743, Concord 94524,
regarding Board meetings.
***REFERRED TO COUNTY ADMINISTRATOR
CORRESPONDENCE FEBRUARY 28, 1995 - CONTINUED PAGE 2
1.115 LETTER dated February 9, 1995, from J. Nix-Temple, County Administrative Officer,
Trinity County, P.O. Box 1613, Weaverville 96093, seeking support of SB 150, the Tax
Equity Act of 1995.
***REFERRED TO COUNTY ADMINISTRATOR
1.116 LETTER dated February 15, 1995, from the Law Firm of Gwilliam, Ivary, et al., 1999
Harrison Street, Oakland 94612, requesting an investigation of youth activity on the Jersey
Island Bridge.
***REFERRED TO RISK MANAGER AND PUBLIC WORKS DIRECTOR
i hereby certify that this is a true and correct copyof
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
1tal�J
ATTESTED:T p `
PHIL BATCHELOR, CIof the Board
of Supervisors and County Administrator
By1J,*JLL4'-- -—13AA��_,Deputy
CC : Correspondent
County Administrator
Health Services Director
Community Development Director
Acting Director, Social Service Department
Transportation Committee
Internal Operations Committee
Risk Manager
Public Works Director
►.too
Community Services DepartmentContra Child Development 374-3994
Communty Action 313-7363
Costa Food Service 374-3850
Administration Head Start 646-5540
1220 Morello Avenue, Suite 101 Housing and Energy 646-5756
Martinez,California 94553-4711 County
PATHS 427-8094
(510) 313-7350
Fax: (510) 313-7385 s e c
Joan V.Sparks,
Director �rd<
February 13, 1995 ;1
S�:a couri'c` r
Supervisor Gayle Bishop, Chair rEb' l
District 3 CLq 5 l9.gq
Contra Costa County CONrRD CO sIp
18 Crow Canyon Ct., Suite 120 Rq`OSTA Co. 0.48
San Ramon, CA 94583
Dear Supervisor Bishop:
On behalf of the Newcomers Task Force of Contra Costa County, I am writing to inquire about
the scope and nature of actions being taken by the county to inform employees, service
providers, and local residents about current eligibility requirements for immigrants seeking
medical and social services in Contra Costa County. In particular, our Task Force is requesting a
description of efforts being taken by county funded or administered agencies to notify employees
and county residents that most provisions of Proposition 187 are being restrained, at least
temporarily, by court order. We are also very much concerned about a high degree of public
misunderstanding about both the specific provisions of Proposition 187 and concerning the rights
afforded to our county's foreign born residents.
There are two reasons for our forwarding this inquiry at this time. First, members of the Task
Force have determined that county.residents are unclear about enactment of provisions of
Proposition 187 and the impact of subsequent recent federal and state court actions postponing
the enforcement of key provisions of this initiative. In addition,recent media coverage of
proposals to deny selected publicly funded services to large categories of legal immigrants has
led to the circulation of inaccurate information about service eligibility and reporting
requirements for the immigrant community and their families. Consequently, we are concerned
that there is confusion among county employees, prospective clients, and the general public
about eligibility requirements for social and health services provided by the county and the role
of county offices in reporting the immigration status of those who make use of county services,
including public safety.
Secondly, a January 17, 1995 court ruling by United States District Judge Mariana R. Pfaelzer set
a deadline of January 30, 1995 for state officials to distribute copies of the federal court's
preliminary injunction against selected health, social service, and educational provisions of
Proposition 187 to school districts, police agencies, publicly funded health care facilities, and
government health and welfare offices throughout California. This order also requires that
informational notices be posted at all publicly funded health care, social service, and educational
facilities prior to February 13, 1995 so that applicants and recipients are adequately informed that
most provisions of Proposition 187 have been restrained by the court.
Affirmative Action/Equal Opportunity Employer
RECEIVED
i,
Page 2 41995
February 13, 1995
Newcomers Task Force C1JER CON RgUC :A CO.
Consistent with the charge presented to our Task Force by the Board, we seek to work closely
with members of the Board of Supervisors to insure a climate of understanding among the
diverse communities of Contra Costa County. We also seek to make sure that no eligible client
is denied services or public safety endangered due to a misunderstanding of Proposition 187 and
recent court orders.
We look forward to hearing from you and would be happy to answer any questions you may
have about this request or the work of the Newcomers Task Force.
Sincerely,
Andres E. Jimenez, Chair
enc.
cc: Supervisor Jim Rogers, District 1
Supervisor Jeff Smith, District 2
Supervisor Mark DeSaulnier, District 4
Supervisor Tom Torlakson, District 5.
Phil Batchelor
Claude Van Marter
Clerk of the Board
Joan Sparks
Bob Hofmann
Members of the Task Force
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DEPUTY
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8 UNITED STATE5 DISTRICT COVRT
4 CEH'IMU DISTRICT OF CALIFORNIA
101 LEAGUE OF UNITED LATIN ARMaCAN }
CITIZENS, at Al. , )
11 )
plaintiffs, ) CAS$ NO_ CV 94-7569 MRP
I.2 )
v. ) MrLrMINARY INJUNCTION
13 )
Perk; WiLSVr, etaal. , }
14 )
ba�andzatc. )
16 CHILMEN WHO 'WANT AN EDUCATION, )
et al. , )
17 )
Plaintiffs, ) ChSE NO. CV 94-7570 HRP
l8 )
V. )
79 }
P$TE WILSON, et al-, )
24 )
Oe��ndants. )
21 )
22 RAR RARa AYAT.A, at
)
23 CASE NO. CV 94-7571 XRP
24 v. 7
)
25 PETE B. WILSON, et 41. 0 l
}
26 nwfwrdxn4:�_ )
)
27
2$
ul;Za-yS 11:Y1 23415 Z43 8668 C1Kft5 LLJu(.1dtlUVV
l GREGORIO T. , by and through hiz ) '
guardian ad litam, JOSE T, : et al. ,)
plainti,ftz, ) CASF NO. CV 94-7652 lSRF
3 )
v. )
4 )
PETE WILSON, i.n his capacity as )
5 GovarnOr of the State'of }
California; et 41. , )
6 )
Ocfendanto. )
7 )
a VI&Jntiffful Motiche for P1:al.iminary Injunction in tbskRA fnnr
9 relateCl oases came an far hearing before 4lhls Court an December 14,
10 1994 . ror the reasons Announced In open Court an tll&L day and now s&t
11 forth in the Findingc of Fact and Conclusions of Law, the Court orders
].1 that the preliulillary injunction *ought by 'plaintiffc be granted xrs
13• ,.pari. x-nd denied in part.
14 Accordingly,
15 1- IT I9 ORDLR>aD that, ih order to maintain the ctatue quo
16 I pending final Judgment in these cased, all dtfenda.nt,s, th4sir officers,
17 agents, and employees, tend All other persons subject to Xneir
18 authority or control, sh*11 be and are hereby rQctrai.Aad and enjoined
1.9 dur1n0 the pendency OZ V415 auLiule Cr m implementing or enforcing in
20any mariner, othAr than internal preparation of a.dministrative
21 regulations, the following provisions of California proposition 1R7,
21 enacted at the ZTOvQwUe:r 8, 1994, general election:
23 a. Section 4 (codified at cal. Penal Code S 634b) ;
24 b. Section 5 (codified at Cal_ Wolf. & Ingt. Coda
25 � 10001,5) ;
26 C. section 6 (codified aL cal. Healt1l 4 Safety Coda
27 130) ;
26 d. Section 7 (codified at Cal_ Educ, Cade S 4821.5) ; and
2
Vl: �• : ..J 11: ;l LA 4l%� X4.3 ,�1)"`5 (_jhj�5 Ldj llli.5,-t 11 (j
1 e. Section 9 (coditiel at Cal. GOv?t Code y 53069.65) .
IT IS FURTHER ORDERED that defandantc shall, on or bafore3
3 t7anuary 30, 1795, di,atribute copies of thio Order to all 'r-tats "d '
4 local agencies: personnel, and health care workers affected by the
5 abova-named $actions Of PropOsition 127_ Any accompanying notice
6 shall inotruot that the cnjoinad proviaions of rropoGition 187 are not
7 to be implwMWILed. NW41c;a ab dek;uz:ibed bvr&itt shall be provided;
8 a. by the Attorney General to all California District
9 httorneyo, Poli64 Chiefo a=id Chariffal
10 b. by tete Department of Heabth Services to its e:zuployeeb,
11 all C=ntie8, all Medi-Cal licensed providers, and ail pUbIiCly-funded
12 health care facilitioc licenwad by the Department of Roalth gdrvicee;
13 c. by the Department of Social services to all County
14 welfare 1lepattments;
15 d. by the Superintendent of Public Instruction to the
14 govcLrning board of each California school diotrict and to the
17 superint.enawiL of Zdut;aLiuu or eaL:h distrfuL; and
is a.. by tha cnvarnor t•,n a),7 CAII ifietz, r..itias and all parsons
19 and entitica not included in (a) through (d) above shish were provided
20 with tha Governor's Exer.;uLlve Order dated November 9, 1994 regarding
21 Prappxim.$nn 1A7.
22 3. IT IS FURTHER ORDERED that tern or bcf ora February 13, 1995,
23 nQUioe of the terms at this Order be provided tv recipients of health
24 care services, public social services, and eduCationa3 sarvicuu by
25 zna inn available and nocting informational bulletin$ at all
26 publicly-funded health Bare, aooinl, service Arad cducati.+onal facilities
27 covered by Proposition 187 informing appllcanto and rer.1pients that:
28 AartYinns 5, 6, and 7 Of PrOP091tt nn 1R7 Macre bean Anjoinad and are not
-t•-) o Q
I being enforced pending further court ordQr and that applicants; and
2 rftr.jpientS will not be reported to the I=iqration and Naturalization
3'1 garvica pilrGumnt_ to Prnrnsitlon 187 pendinq ruzQ&k&r count order. The
4 , conspicaous place where recipje •
ntG ot narvicas
5 will be likely Lu sere
61 4. IT Is yUj<j!kjgK 01�ER8o that Lile Superintendent of Public
7 Inw--rQction shall oversee the activities of all California school
9 di6Lr!cts to ensure that they do not implOmOnt a921-5 Ot the
9 rAllfornia rduc;atlon Code, as added by Propositi*h 197-
10 IT XS FURTHER ORDERED that defendants alla2l file a report
11 witli thin court on or before FQbrv2x-Y 20, lgq;,, gr&tinC that all
12 .,notitication requirod by this order has been 4acomplichad-
3.3 6. IT IS FtMTHER MIRED that defendants h1tall designate
14 parsanncl *nd publich tho rimes anA telephones of such persons within
15 the Department of Health Services, Department of Social Services and
14 Department of EducatioD responsible for answering qrAftations regarding
17 t!hj* oraar .and reafaivinq reports of non-compliance with it.
Is Defeiadants shall promptly give notice to -the Court and plaintiffs'
19 counsel of all reports of non-compliance received, and what action, was
20 taken to investigate and cure instances of non-compliance.
21 7. IT 10 rur%TIM-a 0=ERED that 4ofandantz are enjoinAd frola
22 diAAe.minating, progulgazinq or pqj4Ijjehjmj any rtgula4tiona aecisnad to
23 i-ftplaxont Sgctianc 4. st, f;. '7 and 9 of eroposir-ion 187 wit1jout f;irthcr
z4 order of this Court. baf4hAantc may procood with the internal
Zb prepay f�an of such regulationti.
26 DATZD: 7;
l�ariarla R. Pi4c
atrex
United Statesbi atri ct 3 aejA
L� T;tvi�
State-Must Tell Public
About Prop. 187 Delay. � ,�.,..
Im Immigration:
mmiCatEon
judge says officials have to post o t1 es
that initiative will not be enforced until legality is decided.
stitutional Law,one of several civil
�y PAUL I�ELDI`4nN ;r
TIMES s7Arr wsiTr..R rights organizations that have filed
lawsuits against Proposition 187.
A federal judge in Us Angeles "We believe that if the order is
has ordered state officials to take fully complied with, people in the
swift and firm action to make clear immigrant community should be
to state employees and to the . adequately advised of the existence
public that there will be no en- of the injunction."
forcement of key elements of . Naelzer, who held a 90-minute
Proposition 187 until a trial deter- court hearing last Friday on the Judge Mariana R. Pfaelzer
mines the legality of the hotly wording of her order,sided mainly
debated ballot measure designed to with lawyers fighting the initia- leased.
bar illegal immigrants from most tive, which would bar illegal im- p start Justice Department
public services_ migrants from public education,
Ir,a three-page order made pub- non-emergency health care and spokesman David Puglia said
lic Thursday, `U.S_ -District Judge social services and require admin- Pfacl?er's order is "a disappoint-
N12riana R, Pfaelzer set a deadline istrators to report suspected illegal ment. . . . We didn't ask her to
of Jan. 30 for state officials to immigrants to state and federal law consider our [proposals] just as an
distribute copies of her preliminary enforcement officials. exercise—we were very serious."
injunction against Proposition 187 The human rights.center and the On the brighter side, Puglia
to schpol districts, police agencies. American Civil 'Liberties Union of added, "she did not take every-
publicly funded health care facili- Southern California had requested thing the plaintiffs had asked for
ties and government health and ' broad notification so illegal immig- . . . [and] the state will proceed
welfare offices across California. rants would not forsake such ser- with the drafting of regulations" to
Pfaelzer's order also requires vices as prenatal care and ele- implement Proposition 187.
that information bulletins be post- mentary and secondary school Cinder Pfaelzees order,the state
ed at all publicly funded health education that they continue to can continue to prepare regulations
care,social service and educational qualify for- but cannot make them ublic—as
facilities by Feb. 13 so that appli- In her written order,Pfaelzer did p
cants and recipients are adequately not agree on all of the ACLU's the state had requested—without a
notified that .Proposition 187 has requests, which included requiring further order from the court.
been barred, at least temporarily, the state to run public service State officials can also appeal
from taking effect. announcements and to provide in- Pfaelzer's injunction to a federal
"We feel it's a fair order," said diVidual notices to anyone affected appellate court, but by doing so
Peter A. Schey, director of the by Proposition 187. But ACLU might risk further delays in deter-
Center for Human Rights and Con- officials said they were nonetheless mining the fate of Proposition 187-
NEWCOMERS TASK FORCE
Maria L. Alegria Mary Kobayashi
3781 Brazil Ct. 4001 Houston Ct.
Pinole, CA 94564 Concord, CA 94521
758-7642 825-0211
758-9292 FAX
Zenaida Madera-Campos
Ramiro Arosemena 310 David Dr.
62 South Lake Drive Alamo, CA 94507
Antioch, CA 94509 831-9257
754-4764
Jack Nakashima
Sheela Bhatt 2640 San Carlos Drive
2130 Ascot Dr. #217 Walnut Creek, CA 94598
Moraga, CA 94556 934-9658
376-3825
451-2846 / 208-5025Wk Gloria Omania
4219 Woodland Ave.
James M. Evans Concord, CA 94520
1220 Via Gabarda 427-8138 Wk
Lafayette, CA 94549 427-8142 FAX
932-0401
Barbara Racek
Dan Garcia 2101 Junction Ave
321 Cameron Circle El Cerrito, CA 94530
San Ramon, CA 94583 215-5199
829-5562 834-5656 Wk
242-3967 Wk
Dr. Janet K. Richardson
Isabel Garcia 907 Richmond
270 Shirley St. El Cerrito, CA 94530
Brentwood, CA 94513 526-6049
634-3389 602-6720
634-6144 Wk
Staff: Mary Rosas
Marsha Golangco Health Care for the Homeless
33 Lancaster Ct. 597 Center Ave., Suite 375
Alamo, CA 94507 Martinez, CA 94553
933-3998 313-6148 Phone
946-1006 Wk 313-6188 FAX
Andres E. Jimenez
5587 Cerro Norte Drive
Richmond, CA 94803
223-9257 1/95
642-5514 Wk
642-8793 FAX