HomeMy WebLinkAboutMINUTES - 04021991 - 2.1 TO: BOARD OF SUPERVISORS �E
Contra
FROM: I•.,::= � .,\,`.
Phil Batchelor, County Administrator
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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.
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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 ,
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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.
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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.
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