HomeMy WebLinkAboutMINUTES - 03231993 - 1.42 a 1 _42 jy)
TO: BOARD OF SUPERVISORS SE Contra
FROM: Phil Batchelor, County Administrator Costa
_<
County
March 17, 1993
DATE:
SUBJECT: AMENDMENT TO 1993 LEGISLATIVE PROGRAM TO DELAY EFFORTS TO
ENACT LEGISLATION PROVIDING A FUNDING SOURCE FOR THE MARINE
PATROL UNTIL 1994
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Amend the Board' s 1993 Legislative Program to modify item # 20
regarding funding for the Marine Patrol to provide that legislation
will not be pursued until 1994 , to provide time for further
consideration by the Delta Protection Commission.
BACKGROUND:
The Board' s 1993 Legislative Program contains the following
language regarding funding for the Sheriff ' s Marine Patrol :
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 .
The Board of Supervisors has tried very hard over the past two
years to enact a Marine Patrol bill which would impose a
modest increase in the boat registration fee, with the
additional money dedicated to funding Marine Patrol . These
efforts have, thus far, been unsuccessful . We have,
therefore, decided to recommend a different approach for 1993.
CONTINUED ON ATTACHMENT: x YES SIGNATURE:
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n RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
L� APPROVE OTHER
SIGNATURE S): Z��7 _4_A,��7 ZII&O Lfwe�
ACTION OF BOARD ON March 23 , 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 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 SUPERVIS3.ON THE DATE SHOWN.ATTESTED
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213
Contact: County Administrator PHIL BATCHELOR.CLERK OF THE BOARD OF
cc: Sheriff-Coroner SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Les Spahnn; Heim, Noack, and Spahnn
BY ,DEPUTY
Senator Patrick Johnston authored SB 1866 in 1992 which
established the Delta Protection Act and created the Delta
Protection Commission. At Contra Cost County' s request,
Senator Johnston included in SB 1866 a provision which
requires the Commission to address the need for Marine Patrol
in the Delta Protection Plan which the Commission must prepare
by July 1, 1994 . At the time, we indicated to Senator
Johnston that we would like to work with him in 1993 on a
funding measure for Marine Patrol .
Our hope is that we can join with the other Delta counties
which are included in the Delta Protection Act to identify a
source of funding for Marine Patrol . It would be our hope
that Sacramento and San Joaquin counties would ask Senator
Johnston to author legislation which would provide a funding
source for Marine Patrol which the other Delta counties (Polo,
Solano and Contra Costa) could support. The details of this
legislation have not bee identified to date so it is
recommended that the Board of Supervisors provide conceptual
approval for this course of action so that we can proceed to
develop a funding source and strategy for obtaining passage of
the necessary legislation.
Senator Johnston has decided that it would be preferable for the
sponsorship of the necessary legislation to come from the newly
formed Delta Protection Commission legislation, since the
Commission is charged with coordinating the provision of adequate
law enforcement in the Delta. The Commission had its first meeting
in January, 1993 and is not going to be in a position during the
next few months to agree to sponsor legislation to raise fees or
taxes in order to fund Marine Patrol services . It, therefore,
appears necessary to delay further pursuit of legislation until
1994 , with the understanding that additional consensus-building
efforts will be undertaken in the meantime and that the Delta
Protection Commission, under the leadership of Supervisor
Torlakson, will give further consideration to the possibility of
sponsoring legislation in 1994 .
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CALIFORNIA LEGISLATURE-1993-94 REGULAR SESSION
ASSEMBLY BILL No. 440
Introduced by Assembly Member Sher
February 11, 1993
An act to amend Section 40502 of the Public Resources
Code, relating to solid waste,. and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 440, as introduced, Sher. Solid waste: emergency
regulations.
(1) Existing law, the California Integrated Waste
Management Act of 1989, requires a county to prepare a
countywide integrated ' waste management plan and a
regional agency to prepare a regional agency integrated
waste management plan, consisting of specified elements,
including a siting element for solid waste facilities, as defined,
and requires the California Integrated Waste Management
Board to review and approve or disapprove the plans.The act
requires the board to adopt rules and regulations, as
necessary, to carry out the act.
This bill would require the board to adopt emergency
regulations governing the preparation of the countywide and
regional agency siting elements and the preparation of
countywide and regional agency integrated waste
management plans, and would prescribe related matters.
(2) The bill would declare that it is to take effect
immediately as an urgency statute.
Vote:, %. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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AB 440 —2 -1
The people of the State of California do enact as follows:
1 SECTION 1. Section 40502 of the Public Resources
2 Code is amended to read:
3 40502. (a) The board shall adopt rules and
4 regulations, as necessary, to carry out this division in
5 conformity with Chapter 3.5 (commencing with Section
6 11340). of Part 1 of Division 3 of Title 2 of the Government
7 Code. The board shall make available to any person, upon
8 request, copies of proposed regulations.
9 (b) The board shall adopt regulations governing'the
10 preparation of countywide and regional agency siting
11 elements and the preparation of countywide and regional
12 agency integrated waste management plans, which shall
13 be deemed to be emergency regulations and shall be
14 considered by. the Office of Administrative Law as
15 necessary for the immediate preservation of public
16 peace, health and safety, or general welfare. These
17 emergency regulations shall not alter the deadlines for
18 the submission of countywide and regional agency
19 integrated waste management plans specified in Section
20 41791.
21 SEC. 2. This is an urgency statute necessary for.the
22 immediate preservation of the public peace, health, or
. 23 safety within the meaning of Article IV of the
24 . Constitution and shall go into immediate effect. The facts
25 constituting the necessity are:
26 In order to ensure the timely implementation of state
27 law intended to promote the reduction and recycling of
28 solid.waste and the,safe disposal of solid waste, including
29 household hazardous waste, thereby protecting health
30 and safety and the environment, it is necessary that this
31 act take effect immediately.
O
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