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HomeMy WebLinkAboutMINUTES - 04021991 - 2.1 TO: BOARD OF SUPERVISORS �E Contra FROM: I•.,::= � .,\,`. Phil Batchelor, County Administrator �-�.- ,a Costa March 25 1991County DATE: 'ps.,t(y'"u"n�� �. STATUS REPORT ON THE BOARD'S 1991 LEGISLATIVE PROGRAM SUBJECT: SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Accept the attached report from the County Administrator on the status of the Board' s 1991 Legislative Program. 2. Request the County Administrator to make another report to the Board on the status of the 1991 Legislative Program once the Legislature recesses for its summer break. BACKGROUND: On November 27, 1990 the Board adopted its 1991 Legislative Program. Since that time, various elements of the Legislative Program have been refined, legislation has been drafted and authors have been sought and bills have been introduced. A summary of those pieces of legislation is provided in the attached report. Over the next several weeks, most bills will have their initial hearing their policy committee and, where necessary, will be referred to the fiscal committee in the house of origin. By the time the Legislature recesses for its summer break, hopefully in mid-July if the Budget Bill has been passed, most bills will have passed their house of origin and will be scheduled for hearing in the policy committee in the second house. We believe that substantial progress has been made in obtaining authors for all of the Board' s major legislative initiatives and CONTINUED ON ATTACHMAPP YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): 2,&� � ACTION OF BOARD ON April 2. 1991 APPROVED AS RECOMMENDED X_ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTEi3ED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: ATTESTED APR G �1 County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF Les Spahnn SUPERVISORS AND COUNTY ADMINISTRATOR SRJ. Jackson, Barish & Assoc. BY " ,DEPUTY M382 (10/88) I chat these bills are being refined, where appropriate and possible, in response to initial concerns or expressions of opposition. An additional report will be made to the Board following the Legislature' s schedule recess in July and a further report following the Legislature' s adjournment in September from the first half of the. 1991-92 Session. I i STATUS OF ADOPTED 1991 LEGISLATIVE PROGRAM HIGH PRIORITY - SUBSTANTIAL LOBBYIST INVOLVEMENT REQUIRED 1. Insure that Contra Costa County is . treated fairly in negotiations over the 1991-92 State Budget. The size of the deficit at the State level has grown from an estimated $5 billion at the time the Board' s 1991 Legislative Program was prepared in November, 1990 to $8 billion and is probably still growing. The County Administrator is involved in discussions with other county administrators and city managers on how the deficit can be attacked in a way that will not destroy local government. Their work is progressing well and a number of concrete recommendations have been made to the Administration and the Legislature. This continues to be the most important and critical area of discussion involving the State and local gOVernment. 2. Carefully follow and keep the County briefed on discussions regarding regional governance proposals in such areas as transportation, air quality, water quality and . land use decisions affecting an entire region. Discussions in this area are proceeding. Board Members are involved through MTC, ABAG and the BAAQMD. There appears to be clear agreement that some action in this area is needed. This is less agreement on what action is needed. This issue will continue to develop throughout the course of the year. 3 . Marine Patrol fees. Sponsor legislation which will increase the registration fee on boats by $7 , from $5 to $12, with the additional revenue being committed to restoring the Sheriff ' s Marine Patrol. Assemblyman Campbell has introduced AB 494 to accomplish this increase. Support has been solicited and is being received from other cities and counties in the Delta area. AB 494 is scheduled to be heard in the Assembly Transportation Committee on Monday, April 8, 1991. 4. Special District legislation re San Ramon Valley Fire District. The Board directed that legislation be introduced which would address the problems created by the case of American River Fire Protection District v. Board of Supervisors of Sacramento County which held that a special district which was not in existence in fiscal year 1978-79, and thus did not receive state "bailout" funding in that year, need not make special district augmentation fund contributions, even though the only reason the district did not "exist" in the 1979-79 fiscal year was because the form or size of the district had been altered since 1978. Assemblyman Campbell has introduced AB 495 for this purpose. AB 495 is scheduled to be heard in the Assembly Local Government Committee on Wednesday, April 24, 1991. 5. Stagger terms of office for members of the Retirement Board. As a result of a variety of peculiar circumstances, we are at the point where the terms of three of the Board' s four appointees to the Retirement Board expire in the same year. The Board of Supervisors has agreed to sponsor legislation which will adjust these terms of office so that the term of office of no more than two of the Board' s appointees will expire in the same year and hopefully that no more than three total seats on the Retirement Board expire in the same year. Senator Bergeson has introduced this provision in her SB 767 , which is on referral to the Senate Local Government Committee. 6. Co-sponsor legislation with Sacramento County to establish a pilot project in a limited number of counties in the state to determine whether an inter-departmental and in-kind approach to addressing the needs of homeless General Assistance recipients will reduce their need for public assistance, assist in rehabilitating them from drug and alcohol problems they may have, assist in locating them housing and making them more nearly independent. The Board has agreed with the recommendation of the county Administrator and Social Services Director that more time is required to fully explore this subject and insure that when legislation is drafted it will accomplish what, is desired. As a result, no legislation will actually be introduced this year. Legislation will be developed based on what is believed to be necessary to address the problem in a comprehensive way with the possibility that legislation will be introduced in 1992. 7. Require that a scale copy of the floor plans and elevations for a new or remodeled building be provided to the Building Inspection Department for the County Assessor at the time a building permit is issued. This provision has been introduced by Senator Boatwright in his 493, which is on referral to the Senate Revenue & Taxation Committee. 8. Authorize the Board of Supervisors to continue to be the governing board of the Geologic Hazard Abatement Districts in the County. -2- Senator Bergeson has included this provision in her SB 767 which is on referral to the Senate Local Government Committee. 9. Establish a two dollar recording fee for the Assessor dedicated to funding automation of the Assessor's records. This has been introduced by Senator Boatwright as SB 130 . SB 130 has passed the Senate Local Government Committee and is now on the Senate Third Reading File on the Senate Floor. It is, however, being opposed by the Title Companies and Realtors Associations. 10. Request Additional Superior and Municipal Court Judges. Sponsor legislation to authorize three additional Superior Court Judges for Contra Costa County and an additional Municipal Court Judge for the Delta Judicial District. Senator Boatwright has introduced SB 457 for this purpose, which is now on referral to the Senate Judiciary Committee. 11. Allow Probation fees to be imposed to include the cost of presentence and diversion investigations where the individual is never placed on formal probation and to allow such fees as well as currently authorized fees to be imposed administratively. This issue is addressed in SB 450 by Senator Boatwright. Similar legislation has also been introduced by Assemblywoman Bentley as AB 195. SB 450 is scheduled to be heard in the Senate Judiciary Committee on Tuesday, April 30, 1991. AB 195 is on referral to the Assembly Public Safety Committee. 12. Authorize County to regulate individuals or committees supporting or opposing the gualification of measures for the local ballot. Senator Kopp has agreed to amend his SB 424 or similar legislation to include this authority. SB 424 is currently on referral to the Senate Elections and Reapportionment Committee. 13. Reintroduce AB 3783 providing criminal penalties and fines for air board violations including releasing air contaminants into the atmosphere. Assemblyman Campbell has introduced this as AB 1572, which is currently pending a Committee assignment in the Assembly. 14. Extend the number of days a retiree may work without losing retirement benefits in 1937 Act counties. This measure has been introduced by Assemblyman Baker as AB 303 . AB 303 has passed the Assembly Public Employees , -3- Retirement and Social Security Committee and is now on the Second Reading File on the Assembly Floor. The bill currently carries an urgency clause and is recommended for Consent on the Assembly Floor. 14A. Jointly sponsor with Local 1, legislation which would make it possible for the Board of Supervisors to offer Animal Control officers safety retirement and to negotiate the terms and conditions under which such safety retirement would be made available to Animal Control Officers, including who would pay the employer's increased costs for membership in safety retirement. Senator Boatwright has introduced SB 843 for this purpose. The . bill is currently on referral to the Senate Public Employment and Retirement Committee. 15. Streamline and make more parallel the administration of the County Parole, Work Alternative and Electronic Home Detention programs. Assemblyman Baker has introduced AB 688 for this purpose. The bill is on referral to the Assembly Public Safety Committee. 16. Reintroduce SB 1878 for temporary Court Commissioners. Because of the State' s deficit, the Board has agreed to drop further consideration of this proposal for 1991. 17. Amend current law to clarify that holding office in the Ambrose Recreation and Park District and on the West Pittsburg Municipal Advisory Council are not incompatible offices. Senator Bergeson has included this provision in her SB 7671 which is on referral to the Senate Local Government Committee. 18. Request Assemblyman Campbell to reintroduce Bay/Delta Protection legislation similar to AB 2210 of the 1990 Session. Assemblyman Campbell has introduced AB 1132 for this purpose, which is on referral to the Assembly Water, Parks and Wildlife Committee. 18a. Seek authority to use a portion of asset forfeiture funds to pay for the clean-up of illegal drug laboratories. The Board has agreed to drop further consideration of this measure because of opposition from the Sheriffs' Association and District Attorneys' Association. -4- 18b. Cooperate with labor organizations to insure that Labor Code Section 1205 is not repealed. The Board of Supervisors has been asked by a lobbyist for several labor organizations to work with them in insuring that Labor Code Section 1205 is not repealed. The Board has agreed to oppose any effort to repeal this legislation. SECONDARY PRIORITY - SUPPORT EFFORTS OF OTHER AGENCIES 19. Sponsor legislation or support the efforts of others to sponsor legislation .which would restrict or outlaw the sale of fortified wines containing 20% or more of alcohol by volume. The Health Services Director has been very successful through Congressman George Miller III in getting the manufacturer of Cisco to agree to change the type and appearance of the bottle, marketing of the product and its location in stores. While efforts will continue to do everything possible to outlaw Such products and their marketing to minors and alcoholics, a great deal has already been achieved. On April 2, 1991, the Board' s Internal Operations Committee is recommending that the Board terminate further legislative efforts in this regard. 20. Reintroduce AB 1853 on child care planning. We understand that Assemblywoman Speier has introduced a revised version of last year' s Child Care Partnership bill, although we have not yet identified a specific bill. 21. Jurisdiction for enforcing regulations in the Delta (Quimby Island issue) . Senator Boatwright has indicated that he will be introducing legislation addressing the problem of the Delta levees and their protection pursuant to SB 34 and will include the Board's proposal in such legislation. , 22. Vocational Training/job Placement in Probation facilities. To date, no alternative source of funding has been identified. Therefore, we do not anticipate any further action in this area this year. 23. Civil fee surcharge to provide match for Courthouse bonds. Senator Alquist has introduced SB 212 for this purpose. This bill is currently on referral to the Senate Judiciary Committee. 24. Funding for hazardous waste management plan implementation and updating. Staff have discussed this proposal with CSAC and Assemblywoman Tanner' s Office. We are still trying to identify a non-General Fund source of funding for this measure. Unless we are able to identify such a source of funding it is unlikely that this proposal will receive much serious attention this year. 25 . Increase administrative fees charged to individuals who are permitted to attend Traffic School so that it is less financially profitable to attend traffic school as opposed to paying a fine for a citation. This proposal is included in the Judicial Council fee structure proposal. We have deferred on this item to the Judicial Council and agree to support their comprehensive legislation on all fees, fines and forfeitures. 26. Amend GC 25007 as part of local government clean-up to correct title of CSAC. We have brought the need for this measure to the attention of CSAC and are leaving it to them to pursue. COUNTY ADMINISTRATOR WILL PURSUE WITHOUT LOBBYIST INVOLVEMENT 27. 1991 Municipal Court Pay & Staffing Bill. This is a routine piece of legislation which we are required to sponsor each year in order to reconcile state law with actions which have already been taken by the Board of Supervisors in regard to the salary levels, number of employees and other conditions of employment dealing with employees of the Municipal Court. Senator Boatwright has introduced SB 159 for this purpose. SB 159 is scheduled for hearing before the Senate Judiciary Committee on Tuesday, April 9, 1991. -6-