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Kelly A. Aviles (SBN 257168)


LAW OFFICES OF KELLY AVILES
1502 Foothill Blvd., #103-140
La Verne, California 91750
Telephone: (909) 991-7560
Facsimile: (909) 991-7594
Email: kaviles@opengovlaw.com
JOSEPH T. FRANCKE (SBN 88654)
General Counsel
Californians Aware
2218 Homewood Way
Carmichael, California 95608
Telephone: (916) 487-7000
Facsimile: (916) 487-7999
Attorneys for Petitioner
CALIFORNIANS AWARE

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

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FOR THE COUNTY OF LOS ANGELES

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CALIFORNIANS AWARE,
Petitioner/Plaintiff,

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v.
LOS ANGELES COUNTY BOARD OF
SUPERVISORS,
Respondent/Defendant.

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Case No.:
VERIFIED PETITION FOR WRIT OF
MANDATE, INJUNCTIVE, AND
DECLARATORY RELIEF FOR
VIOLATIONS OF THE RALPH M.
BROWN ACT; EXHIBITS A
THROUGH F
[Cal. Government Code Section 54950, et
seq.]

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This action seeks relief from the failure of Respondent/Defendant LOS

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ANGELES COUNTY BOARD OF SUPERVISORS to perform as required by the Ralph

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M. Brown Act, Government Code, section 54950, et seq., (Brown Act), thereby

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denying the publics right to the protections afforded by our States open government

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laws and the Article 1, Section 3 of the California Constitution.


-1VERIFIED PETITION FOR WRIT OF MANDATE

Petitioner/Plaintiff CALIFORNIANS AWARE seeks a writ of mandate,

injunctive, and declaratory relief under California Code of Civil Procedure sections 1085

and 1060 and Government Code sections 54960 and 54960.2 1. In this Verified Petition,

Petitioner alleges as follows:

THE PARTIES

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1.

Petitioner/Plaintiff Californians Aware (CalAware) is a 501(c)(3) non-

profit public benefit corporation organized under the laws of California, governed by a

board comprised of public officials, publicly-minded citizens, and journalists, whose

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mission includes the promotion and defense of the principles of open government.
2.

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Respondent/Defendant

LOS

ANGELES

COUNTY

BOARD

OF

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SUPERVISORS (Board or Respondent) is the elected, five-member governing body

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of Los Angeles County (County), California. The Boards executive offices are located

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in the Kenneth Hahn Hall of Administration, 500 West Temple Street,

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Los Angeles, California 90012. The County is defined as a local agency by section

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54951. The Board is a legislative body pursuant to section 54952.

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MATERIAL FACTS

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3.

In 2013, Assemblywoman Nora Campos introduced Assembly Bill 194

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(AB 194). The bill sought to amend the Brown Act by clarifying certain public rights

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regarding public comment at the meetings of legislative bodies of local agencies. The

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bill eventually passed both houses, but was later vetoed by the Governor.

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4.

The Board opposed AB 194. On August 20, 2014, the Board sent a letter

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to the Legislature, signed by all five supervisors, opposing the bill. A true and correct

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copy of that letter is attached hereto as Exhibit A.

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All further statutory references are to the Government Code, unless otherwise indicated.
-2VERIFIED PETITION FOR WRIT OF MANDATE

5.

Petitioner is informed and believes, and on that basis alleges, that the

Board sent a second letter to the Governor, asking him to veto the bill after it had

passed both the Assembly and the Senate.

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6.

However, Petitioner is informed and believes, and on that basis alleges,

that nothing about either letter or about AB 194 ever appeared on any Board Agenda.
7.

After learning that the entire Board had taken a specific position on a

particular bill, outside of a public meeting, Terry Francke, General Counsel for

Petitioner, sent correspondence to Sachi A. Hamai, Executive Officer and Clerk of the

Board. A true and correct copy of that correspondence is attached hereto as Exhibit

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B. In that correspondence, Mr. Francke notified the Board that its collective action to

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oppose AB 194 outside of a public meeting violated the Brown Act and asked it to cease

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and desist from that practice in the future, in accordance with section 54960.2.

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8.

On March 13, 2015, Latayvius R. Alberty, Deputy County Counsel for the

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County of Los Angeles, responded to the Demand (the Response.) A true and correct

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copy of the Response is attached hereto as Exhibit C. The Response claimed that the

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practice was not a Brown Act violation because the Board annually adopts a State

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Legislative Agenda during a public meeting, and the Boards approval of legislative

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policies and procedures during its public meeting on December 3, 2013, was clearly

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broad enough to authorize all actions takento oppose AB 194. Specifically, County

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Counsel cited two policies that served as the platform for the Boards opposition of AB

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194: General Policy No. 7, which allows the CEO and Sacramento advocates to oppose

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bills that abridge or eliminate the Board of Supervisors powers and duties unless the

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change promotes a higher priority of the Board, and Policy 3.14.1, which allows

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opposition to legislation that imposes unreasonable burdens or creates unfunded

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mandates to provide access to records and information managed and maintained by

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County agencies.

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9.

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Petitioner is informed and believes and upon that basis alleges that the

Countys Legislative Agenda in operation at the time the letters opposing AB 194 were
-3VERIFIED PETITION FOR WRIT OF MANDATE

sent made no specific reference to AB 194. A true and correct copy of the Boards

2013/14 Legislative Agenda is attached hereto as Exhibit D. A true and correct copy

of the Statement of Proceedings of the Boards December 3, 2013 meeting, where the

2013/14 Legislative Agenda was amended, is attached hereto as Exhibit E.


10.

On April 29, 2015, Mr. Francke sent correspondence to Mark J. Saladino,

County Counsel. A true and correct copy of that correspondence is attached hereto as

Exhibit F. In that correspondence, Mr. Francke objects to the Countys Response

because the Board failed to provide an unconditional commitment, as set forth in

section 54960.2, to cease and desist from approving positions on particular bills

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outside an open session of a Board meeting. Mr. Francke also gave the County another

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opportunity to avoid litigation if the County responded by May 6 that the

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unconditional commitment would be placed on the next public agenda.


11.

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from the Board in response to his April 29th correspondence.

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CAUSE OF ACTION
FOR VIOLATIONS OF THE RALPH M. BROWN ACT
(RELIEF PURSUANT TO SECTION 54960; CCP SECTIONS 1060, 1085)

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12.

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Mr. Francke received no communication from the County Counsel or

Petitioner hereby realleges and incorporates herein by this reference

Paragraphs 1 thorough 11 of this Petition as though set forth herein in full.

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13.

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any congregation of a majority of the members of a legislative body at


the same time and location to hear, discuss, deliberate, or take action on
any item that is within the subject matter jurisdiction of the legislative
body.

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14.

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Section 54952.2(a), 2 defines the term meeting as:

Section 54953 mandates that [a]ll meetings of the legislative body of a

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local agency shall be open and public, and all persons shall be permitted to attend any

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meeting of the legislative body, except as otherwise provided in this chapter.

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Section 54952.2 contains exceptions not applicable here.


-4VERIFIED PETITION FOR WRIT OF MANDATE

15.

A majority of the members of a legislative body shall not, outside a


meeting authorized by this chapter, use a series of communications of
any kind, directly or through intermediaries, to discuss, deliberate, or
take action on any item of business that is within the subject matter
jurisdiction of the legislative body.

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Section 54952.2(b)(1) prohibits serial meetings:

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a collective decision made by a majority of the members of a legislative


body, a collective commitment or promise by a majority of the members
of a legislative body to make a positive or a negative decision, or an
actual vote by a majority of the members of a legislative body when
sitting as a body or entity, upon a motion, proposal, resolution, order or
ordinance.

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17.

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Section 54952.6 defines action taken as:

Petitioner is informed and believes, and on that basis alleges, that the

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Board violated the Brown Act by using a series of communications, either directly or

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through intermediaries, to discuss, deliberate, and take action on specific legislation,

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including at least AB 194, outside of a noticed and public meeting.

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18.

Section 54960(a) provides that any interested person, such as the

Petitioner:
may commence an action by mandamus, injunction, or declaratory
relief for the purpose of stopping or preventing violations or threatened
violations of this chapter by members of the legislative body of a local
agency or to determine the applicability of this chapter to ongoing actions
or threatened future actions of the legislative body, or to determine the
applicability of this chapter to past actions of the legislative body, subject
to Section 54960.2, or to determine whether any rule or action by the
legislative body to penalize or otherwise discourage the expression of one
or more of its members is valid or invalid under the laws of this state or of
the United States, or to compel the legislative body to audio record its
closed sessions as hereinafter provided.
19.

Petitioner has complied with all notice and demand requirements set

forth in section 54960.2.


20.

The Board has refused to acknowledge or unconditionally commit to

refrain from the conduct which Petitioner has alleged constitutes a violation of the
Brown Act.
-5VERIFIED PETITION FOR WRIT OF MANDATE

21.

The People of California have elevated the right to open government to

one protected by their State Constitution. The California Constitution, Article 1, Section

3, Paragraphs (a) - (b) state:

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The people have the right to instruct their representatives, petition


government for redress of grievances, and assemble freely to consult for
the common good.
The people have the right of access to information concerning the conduct
of the people's business, and, therefore, the meetings of public bodies and
the writings of public officials and agencies shall be open to public
scrutiny.
A statute, court rule, or other authority, including those in effect on the
effective date of this subdivision, shall be broadly construed if it furthers
the people's right of access, and narrowly construed if it limits the right of
access.
22.

Code of Civil Procedure 1060 provides:

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Any person interested who desires a declaration of his or her rights or


duties with respect to another may, in cases of actual controversy relating
to the legal rights and duties of the respective parties, bring an original
action or cross-complaint in the superior court for a declaration of his or her
rights and duties in the premises, including a determination of any question
of construction or validity arising under the instrument or contract. He or
she may ask for a declaration of rights or duties, either alone or with other
relief; and the court may make a binding declaration of these rights or
duties, whether or not further relief is or could be claimed at the time.

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23.

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There presently exists, between the Petitioner and the Board, an actual

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controversy relating to: (1) the legal rights of Petitioner and other members of the

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public under the Brown Act; and (2) the ministerial duties imposed upon the Board by

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the Brown Act.

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24.

Petitioner requests a judicial determination that Respondent has violated,

and is likely to continue to violate, the Brown Act.


25.

This determination is necessary and proper because Respondent refuses

to conform to the requirements of the Brown Act.

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-6VERIFIED PETITION FOR WRIT OF MANDATE

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2

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State of California, including the Brown Act.

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27.

28.

29.

30.

Petitioner has an interest in having the laws executed and public duties

enforced and, therefore, has a beneficial interest in the outcome of the proceedings.

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Respondent has a present legal duty and present ability to perform its

ministerial duties set forth in both the Brown Act.

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Petitioner has a clear, present, and legal right to Respondent's

performance of its ministerial duties, as required by the Brown Act.

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Respondent has failed and refused to perform its ministerial duties as

required by the Brown Act.

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Respondent has a ministerial duty to perform according to the laws of the

31.

Through this action, Petitioner seeks no greater relief that would be

afforded to any other member of the public.


32.

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Petitioner has exhausted its administrative remedies.

Petitioner has

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requested that the Board make a public and unconditional commitment not to take

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positions on particular legislative bills outside of open and public meetings in the future

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but Respondent refuses to do so. The only plain, speedy, and adequate remedy left to

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Petitioner is the relief provided by sections 54960 and 54960.2.

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WHEREFORE, PETITIONER PRAYS AS FOLLOWS:

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1.

For a declaration that Respondent LOS ANGELES COUNTY BOARD OF

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SUPERVISORS violated sections 54953 and 54952.2(b)(1) by using a series of

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communications, either directly or through intermediaries, to discuss, deliberate, and

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take action on specific legislation, including at least AB 194, outside of a noticed and

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public meeting.

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2.

For a peremptory writ of mandate to issue ordering Respondent LOS

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ANGELES COUNTY BOARD OF SUPERVISORS to perform as required by the Brown

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Act;

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-7VERIFIED PETITION FOR WRIT OF MANDATE

VERIFICATION
(C.C.P. 446 and 2015.5)

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STATE OF CALIFORNIA, County of Sacramento,

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I, Joseph T. Francke, am General Counsel for CALIFORNIANS AWARE, Petitioner in

the above-entitled action or proceeding. I have read the foregoing PETITION FOR WRIT OF

MANDATE AND DECLARATORY RELIEF FOR VIOLATIONS OF THE RALPH M.

BROWN ACT WITH EXHIBITS A THROUGH F and know the contents thereof, and I certify

that the same is true and correct of my own knowledge, except as to those matters which are

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therein stated upon my information and belief, and as to those matters I believe it to be true.

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This Verification was executed on May 7, 2014, at Carmichael, California.

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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

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Joseph T. Francke

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-1VERIFICATION

CALIFORNIANS AWARE
v.
LOS ANGELES COUNTY BOARD OF SUPERVISORS

EXHIBIT A

Petition for Writ of Mandate

CALIFORNIANS AWARE
v.
LOS ANGELES COUNTY BOARD OF SUPERVISORS

EXHIBIT B

Petition for Writ of Mandate

"
February 9, 2015
Sachi A. Hamai
Executive Officer/Clerk
Board of Supervisors
County of Los Angeles
500 W. Temple St, Ste 383
Los Angeles, CA 90012

BY EMAIL, FAX AND POSTAL MAIL

RE: Demand to Cease and Desist a Violation of the


Ralph M. Brown Act (Govt Code 54950 et seq.)
Dear Ms. Hamai,
This letter challenges a practice occurring in connection with the August 20, 2014 letter to the
Legislature, a copy of which is attached hereto, personally signed by each of the Los Angeles
County Supervisors, stating the Countys opposition to AB 194 (Campos).
The practice in question was the Board of Supervisors approval and communication to the
Legislature of the Countys position on a legislative bill, which occurred without any
discussion in an open session of a Board meeting concerning either the bill, its content or the
Countys proposed position.
AB 194, a proposed amendment to the Ralph M. Brown Act, would have prohibited certain
procedures by local government bodies that hamper citizen speakers in exercising their right
to address these bodies at their meetings.
Specifically, the bill would have prohibited a local government body, or its presiding officer or
staff, from hampering public participation by
using up the allotted time for disfavored citizen speakers by interrupting and
challenging their comments;
forcing citizens to voice their comments on agenda items at the beginning of meetings
before the body has heard the staff's presentation of those items;
forbidding citizens from criticizing the actions of agency staff; or
treating speakers with more or less accommodation depending on whether their
viewpoints are welcome or not.
The Supervisors letter distorted the bills provisions, asserting that
2218 Homewood Way Carmichael, CA 95608 (916) 487-7000 terry@calaware.org

Cease and Desist Demand/Californians Aware


February 9, 2015
Page 2 of 2
courts could interpret the bill to allow persons to speak at least twice on any, and
potentially all, items on a legislative bodys agenda. In any case, the bill would
certainly remove control of the meeting from the County, which would cause undue
disruptions at public meetings.
This warning is utterly at odds with a provision of the Brown Act that has been in place for
years and was unaffected by AB 194, namely the paragraph (Government Code Section
54954.3) immediately preceding the proposed amendments:
The legislative body of a local agency may adopt reasonable regulations to ensure that
(citizens are given the right to address the body at meetings), including, but not limited
to, regulations limiting the total amount of time allocated for public testimony on particular
issues and for each individual speaker, and the procedure for public comment on agenda items.
(Emphasis added)
Had the Supervisors debated and adopted the letters content in an open meeting, their
constituents, whose speech rights were directly affected, would have had the opportunity to
contest, if not correct, the letters distorted representations. Ironically, however, the secret
process for adopting a position on the bill violated the Brown Act in a manner that precluded
any such public participation.
In order to avoid the filing of an action against the Board of Supervisors for declaratory and
injunctive relief to confirm that the practice in question violated the Brown Act and to order it
not to be repeated, and for the recovery of any attorney fees and costs incurred in such
litigation, Californians Aware demands that Mayor Antonovich, within 30 days of the receipt
of this letter and in conformity with Government Code Section 54960.2, subdivision (c), inform
it of the Boards unconditional commitment to cease, desist from, and not repeat the practice
herein challenged as a violation of the Act.
Very Truly Yours,

Terry Francke
General Counsel

2218 Homewood Way Carmichael, CA 95608 (916) 487-7000 terry@calaware.org

!
2218 Homewood Way Carmichael, CA 95608 (916) 487-7000 terry@calaware.org

!
2218 Homewood Way Carmichael, CA 95608 (916) 487-7000 terry@calaware.org

2218 Homewood Way Carmichael, CA 95608 (916) 487-7000 terry@calaware.org

CALIFORNIANS AWARE
v.
LOS ANGELES COUNTY BOARD OF SUPERVISORS

EXHIBIT C

Petition for Writ of Mandate

COUNTY OF LOS ANGELES

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TELEPHONE

(213)974-1817
FACSIMILE

MARK J. SALADINO

County Counsel

March 13, 2015

(213)61~-~lsz
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(213)633-0901

VIA E-MAIL AND U.S. MAIL


Terry Francke
General Counsel
Californians Aware
2218 Homewood Way
Carmichael, California 95608
Re:

Brown Act -Cease and Desist Letter

Dear Mr. Francke:


The County of Los Angeles("County")received your letter, dated
February 9, 2015, requesting that the Board of Supervisors("Board")
unconditionally commit to cease, desist from, and not repeat the alleged practice
of sending communication to the State Legislature, signed by each member ofthe
Board, without discussion in an open session of a Board meeting. Specifically,
you have alleged that the Board sent afive-signature letter to the Governor
regarding the County's opposition of AB 194(Campos)and requested his veto of
the bill, in violation ofthe Brown Act.
First, we want to assure you that the Board takes allegations such as yours
very seriously and is committed to complying with both the spirit and the letter of
the law.
In regards to the County's legislative advocacy policies, the Board
annually approves and adopts a State Legislative Agenda("Legislative Agenda")
during a public meeting. The Legislative Agenda outlines the legislative policies
and positions ofthe County. The Legislative Agenda and Board Policies 7.010
and 7.040 authorize the Chief Executive Office("CEO") and other departments to
use all efforts to work with the County's Sacramento and Washington D.C.
advocates, other counties and local governments, and interest groups to pursue the
County's policies, positions, and priorities in the State Legislature, and with the
Governor's Administration and its agencies.

HOA.I 136637.2

Terr Francke
Mardi 13, 2015
Page 2
Consistent with policies and legislative positions adopted by the Board at
its public meeting on December 3, 2013, the CEO and Sacramento advocates had
authority to oppose bills that abridge or eliminate the Board of Supervisors'
powers and duties unless the change promotes a higher priority ofthe Board
(General Policy No. 7); and to oppose legislation that imposes unreasonable
burdens or creates unfunded mandates to provide access to records and
information managed and maintained by County agencies (Policy 3.14.1).
When originally introduced, AB 194 proposed amending the Brown Act to
make it a misdemeanor for the chair ofthe legislative body to infringe on the
public's right to comment during public meetings. AB 194 was subsequently
amended striking the misdemeanor components and adding limitations which
forbid the legislative body of a local agency from prohibiting or limiting comment
by a member ofthe public wishing to speak before the legislative body's
consideration of an item, as well as during consideration, including comment by
those that fail to provide advance notice of comment. As AB 194 clearly sought
to abridge the powers of the Board of Supervisors to reasonably regulate public
comment at its meetings, the County's advocates opposed AB 194 in accordance
with Board policy and the Legislative Agenda, as stated above.
The CEO routinely updated the Board and the public on its actions and
efforts on the CEO's website. Specifically, the CEO published updates on
February 7, 2013, Apri15, 2013, January 14, 2014, June 27, 2014, July 22, 2014,
and August 18, 2014, to ensure that the Board and the public were aware of the
CEO's efforts to defeat the passage of AB 194. These updates are enclosed for
your reference. However, AB 194 was approved by the State Legislature, and
thereafter, presented to the Governor for his signature.
In a final effort to defeat AB 194,the CEO prepared a letter to the
Governor,from the Board, to persuade the Governor to veto AB 194. The CEO
viewed this act as furthering the Board's publicly approved policies and positions
in the State Legislature. The Governor ultimately vetoed AB 194 stating that
"this bill adds certain procedures to the Brown Act, which at best will elongate
but in no way enhance the quality of debate at the local level."
We believe that the Board's approval oflegislative policies and procedures
during its public meeting on December 3, 2013, was clearly broad enough to
authorize all actions taken by the CEO to oppose AB 194, and that the CEO kept
the Board and the public well informed of its actions.
We would also note that the District Attorney reviewed allegations
identical to yours in a complaint it received in November 2014. In response to
this complaint, our office provided the District Attorney with an overview ofthe
County's process for sending five-signature letters, as described herein. We also
HOA.1136637.2

Terry Francke
March 13, 2015
Page 3
informed the District Attorney that, to ensure greater transparency, the CEO has
been advised that authorization for five-signature letters should be placed on the
Board's agenda in advance of or during the County's legislative advocacy efforts
with respect to particular bills.
The District Attorney determined that the five-signature letter did not
constitute an action as contemplated by the Brown Act, but was merely a
reiteration ofthe Board's opposition to AB 194 as already established by its
Sacramento advocates under the direction ofthe CEO. Further, the District
Attorney concluded that, while all five Supervisors signed the letter, the letter was
written by the CEO and, given that the Board's position on the bill was established
long before the letter was written, this procedure does not involve
communications prohibited by the Brown Act. A copy ofthe District Attorney's
January 29, 2015 opinion is enclosed for your reference.
In order to avoid unnecessary litigation, and without admitting any
violation ofthe Brown Act, we reiterate that to ensure greater transparency, the
CEO has been advised that authorization for five-signature letters should be
placed on the Board's agenda in advance of or during the County's legislative
advocacy efforts with respect to particular bills.
Very truly yours,
MARK J.
County C

LA`~'AY~Ii~TS 131. AL ERTY


Deputy County Cq~un 1
Government Servile Division
APPROVED AND REL

SED:

1V~RK . SALADINO
Co ty Counsel
LRA:am
Enclosures
c:

Board of Supervisors
Sachi A. Hamai,Interim Chief Executive Officer
Patrick Ogawa, Acting Executive Officer
Board of Supervisors

HOA.1136637.2

~~~
THE GEt~ITER

FOR FUBLlC f{?RUA1 R1GHT5

February 9, 2015
Sachi A. Hamai
Executive Officer/Clerk
Board of Supervisors
County of Los Angeles
500 W.Temple St, Ste 383
Los Angeles, CA 90012

BY EMAIL,FAX AND POSTAL MAIL

RE:Demand to Cease and Desist a Violation of the


Ralph M.Brown Act(Gov't Code ~ 54950 et seq.)
Dear Ms. Hamai,
This letter challenges a practice occurring in connection with the August 20,2014 letter to the
Legislature, a copy of which is attached hereto, personally signed by each of the Los Angeles
County Supervisors, stating the County's opposition to AS 194(Campos).
The practice in question was the Board of Supervisors' approval and communication to the
Legislature of the County's position on a legislative bill, which occurred without any
discussion in an open session of a Board meeting concerning either the bill, its content or the
County's proposed position.
AS 194, a proposed amendment to the Ralph M.Brown Act, would have prohibited certain
procedures by local government bodies that hamper citizen speakers in exercising their right
to address these bodies at their meetings.
Specifically, the bill would have prohibited a local government body, or its presiding officer or
staff,from hampering public participation by
using up the allotted time for disfavored citizen speakers by interrupting and
challenging their comments;
forcing citizens to voice their comments on agenda items at the beginning of meetings
before the body has heard the staff's presentation of those items;
forbidding citizens from criticizing the actions of agency staff; or
treating speakers with more or less accommodation depending on whether their
viewpoints are welcome or not.
The Supervisors' letter distorted the bill's provisions, asserting that
22'.8 Homewood Way *Carmichael, CA 95b08 ~ ;9~6) X87-7000 A terryC~calaware.or~

Cease and Desist Demand /Californians Aware


February 9, 2015
Page 2 of 2
courts could interpret the bill to allow persons to speak at least twice on any, and
potentially all, items on a legislative body's agenda. In any case, the bill would
certainly remove control of the meeting from the County, which would cause undue
disruptions at public meetings.
This warning is utterly at odds with a provision of the Brown Act that has been in place for
years and was unaffected by AB 194, namely the paragraph(Government Code Section
54954.3)immediately preceding the proposed amendments:
The legislative body of a local agency may adopt reasonable regulations to ensure that
(citizens are given the right to address the body at meetings),including, but not limited
to, regulations limiting the total amount oftime allocatedfoY public testimony on particular
issues andfor each individual speaker, and the procedurefor public comment on agenda items.
(Emphasis added)
Had the Supervisors debated and adopted the letter's content in an open meeting, their
constituents, whose speech rights were directly affected, would have had the opportunity to
contest, if not correct, the letter's distorted representations. Ironically, however,the secret
process for adopting a position on the bill violated the Brown Act in a manner that precluded
any such public participation.
In order to avoid the filing of an action against the Board of Supervisors for declaratory and
injunctive relief to confirm that the practice in question violated the Brown Act and to order it
not to be repeated, and for the recovery of any attorney fees and costs incurred in such
litigation, Californians Aware demands that Mayor Antonovich, within 30 days of the receipt
of this letter and in conformity with Government Code Section 54960.2, subdivision (c), inform
it of the Board's unconditional commitment to cease, desist from,and not repeat the practice
herein challenged as a violation of the Act.
Very Truly Yours,
~~

I-~

Terry Francke
General Counsel

2218 ~--~omet,~sood V~~y ~ Carrn'sc~ael, CA 95608 * z~~ ~)48i-700 $ terryC~calaware.org

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C"Q1IFORNta

COUNTY OF LOS ANGELES


BOARD OF SUPERVISORS

MEMBERS pFTtIE BOARD

l:ENNETH HAHN HALf.OF ADbQNISTAATION


SOO VL'EST Z'EMPIE S"[REEL'. ROOM 383
IAS ANGE[.ES.C~IdFORNLt 9(gt2
(zt3)~~s-tai ~ Fnx izu} ~m~3~

MARK RIDLEY-THOSLLS

G(,08tAfit0[1NA

y~V YnROSLAVSRY

DON ANAHE

SACHI A. HAMAI
EXECIiT[VE OFFICER

M[CHAELD. AN70NOYICH

August 20, 2014

OPPOSE

RE:

AB 194(Campos)Open Meetings: Public Criticism and Comment

Dear Members of the Legislature:


We are writing to express our strong opposition to County-opposed AB 994 (Campos),
which would forbid the legislative body of a local agency at their public meetings from
prohibiting or limiting comment by a member of the public wishing to speak before the
fegislafive body's consideration of an item, as well as during consideration, including
comment try those why fail to provide advance notice of comment.
lYie Ralph M. Brown Act provides along-standing :and effective framework in which to hold
a meeting of a local legislative body so that it allows the public with the .opportunity to attend
and participate. As proposed, AB 194 runs in conflict with the Brown Acf provisions that
allow local agencies to establish reasonable rules to efficiently manage their meetings and
the public's participation.
in amending subdivision (a) of Gvvemment Code Section 54954.3, AB 1.94 is ambiguous
with respect to when and how often a member of the public must be a((owed to speak on an
item on the agenda. However, courts could interpret the bi(( to allow persons to speak at
least twice on any, and potentially all, items on a legislative body's agenda. In any case,
the bill certainly would remove contro{ of the meeting from the County, which would cause
undue disruptions at public meetings. This would particularly affect largerjurisdictions, such
as Los Angeles County, where the number of individuals seeking to address the Board can
reach the hundreds, and when up to 90 agenda items can be considered en one meeting
alone. This measure would notably hinder the Board's ability at their public meetings to
make critical program and policy decisions in a timely and .cost efFec ve manner.
Los Angeles County already has an open and effective system to manage its public
meetings, and AB 194 wou{d work against the Board's deliberate efforts which grant each
public member an equal amount of time #o comment on any particular agenda item.
l-he County of Los Angeles strongly supports and is committed to the transparency that the
Brown Act affords members of the public; however, AB 194,. in conflicting with current
statutes and effective pracfices, would. jeopardize operational effectiveness and ultimately,
the intent ofi the Brown Act.

2218 Homev~~c~oc~ VV~y * C~rr~~ich~a~1, CA 95b08 4 {9 G) ~8i-7000 * terrv(~calaware.org

For those reasons, we respectfully request your "NO" vote on A8 194.

K RIDLEY-TH MAS
rvisor, Second District

ZEV YAR S VSKY


Supervi
bird Districf

c:

MICHAEL D. ANTON~?VIGH
Supervisor, Fifth District

Assembly Member Campos

22i8 Hor~,ewr~od Way ~ Carrnicha~l, CA 95608 ;91 G) d87-7000 ~ terry~calaware.org

2218 Hc~mewc~od Way ~ Carr~~icha~l, CA 95bOS ~ ~91b} ~~7-700C ~ terrvC~calaware.org

County of Los Angeles


CHIEF EXECUTIVE OFFfCE
Kenneth Hahn Hall of Administration
500 West Temple Sfreet, Room 713, Los Angeles, California 90012
(213)9741101
http://ceo.lacounty.gov
Boardafsupervisors
GLORIA MOLINA
First District

WILLIAM T FUJIOKA
Chief Executive Officer

MARK RIDLEY-THOMAS
Second DisUict
ZEV YAROSLAVSKY
Third District
DON KNASE
Fourth District

February 7, 2Q13

MICWAEL D. ANTONOVECN
Fifth District

To:

Supervisor Mark Ridley-Thomas, Chairman


Supervisor Gloria Molina
Supervisor Zev Yaroslaysky
Supervisor Don Knabe
Supervisor Michael D. Antonovich

Fram:

William T Fujioka
Chief Executive Officer

SACRAMENTO UPDATE
Executive Summary
This memorandum provides an update on the following:
A pursuit of position on County-sponsored legislation that would amend AB 109
(Chapter 15, Statutes of 2011) to prohibit individuals who have been previously
certified as a Mentally Disordered Offender or Mentally Disordered Sexual
Offender from being released from State prison or a State Hospital to county
Post-Release Community Supervision.
A report on legislation of County interest, AB 194 (Campos}, related to the
Brown Act, which would make it a misdemeanor for the chairperson of a local
governing body to prohibit public criticism of the agency's services and related
activities or the acts of the legislative body.

Pursuit of County-Sponsored Legislation


As a result of the 2011 Public Safety Realignment and AB 109 which transferred
responsibility for certain offenders from the State to counties, individuals who are
certified as a Mentally Disordered Offender (MDO) ar a Mentally Disordered Sex
"To Enrich Lives Through Effective And Caring Service"
Please Conserve Paper- THis Document and Cop+es are Two-Sided
/nba-Counfy Correspondence Sent electronically Only

Each Supervisor
February 7, 2013
Page 2
Offender (MDSO} at the time of release from State prison are not eligible for county
supervision under Post-Release Community Supervision (PRCS). However, since
implementation of AB 109 in October 2011, a number of individuals who have
MDO/MDSO certifications during previous prison commitments have been released to
counties under PRCS. In addition, some individuals who were certified a MDO/MDSO
were subsequently de-certified prior to release from State prison, while undergoing
treatment at a State hospital or while on State Parole and transferred to PRCS.
According to the Probation Department, individuals who have been certified as an
MDO/MDSO have severe mental health disorders, committed crimes that involved
violence or grave bodily injury and were deemed to represent a substantial danger of
physical harm to others. Many of these individuals have long and violent criminal
histories, often become treatment and medication non-compliant, self-medicate with
illicit drugs, and are often transient and very difficult to supeniise.
The supervision needs and public safety implications of this population are complex.
The trend of de-certification of MDO/MDSOs and transfer to PRCS is particularly
troublesome. Many of these individuals have been deemed unfit for public
transportation and have required the Probation Department to transport them from a
State prison or State hospital, several have required immediate 5750 psychiatric
evaluations and all have been assessed as ultra-high risk with multiple risk factors.
Most of these individuals remain unfit for public transportation and require continued
transportation services to housing and treatment facilities while on PRCS and all require
intensive supervision, such as GPS surveillance, as a result of their risk level and threat
to public safety.
The certification process for MDOs is rigorous and this small, but very high-risk,
population requires on-going, consistent and specialized treatment services, and
intensive supervision when released to the community.
The Probation Department and this office firmly believe that the transfer of de-certified
MDO/MDSOs to PRCS is in conflict with the intent of the 2011 Public Safety
Realignment and that State supervision remains the most appropriate level of
monitoring for the high-risk and high-need MDO/MDSO population.
Therefore, consistent with Board policy to support legislation that would prohibit the
State from releasing a State prison inmate to Post-Release Community Supervision
under AB 109 (Chapter 15, Statutes of 2011) if that inmate has been previously
designated a Menta4(y Disordered Offender or Mentally Disordered Sexual Offender, the
Sacramento advocates will, unless otherwise directed by the Board, actively

NlSacramento Updates 2013/sotto 020713

Each Supervisor
February 7, 2Q13
Page 3
pursue County-sponsored legislation to prohibit these individuals from being
released to County supervision.
Legislation of Coun#v Interest
AB 194 (Campos) which, as introduced on January 28, 2013, would make it a
misdemeanor for the chairperson of a legislative body of a local agency to prohibit
public criticism of the policies, procedures, programs, or services of the agency, or of
the acts or omissions of the legislative body, as protected under the Brown Act.
The Brown Act requires, with certain exceptions, that a!I meetings of a local governing
body be open and public, permitting all persons to attend and participate. In addition,
the Brown Act provides that the legislative body of a local agency shall not prohibit
public criticism of the policies, procedures, programs, or services of the agency, or of
the acts or omissions of the legislative body.
As introduced, AB 194 would amend provisions of the Brown Act and make it a
misdemeanor for a member of a legislative body, while acting as the chairperson of a
legislative body of a local agency, to prohibit public criticism. The bill would further
authorize a district attorney or an interested party to commence the process to obtain
judicial determination as to whether an action taken by a local governing body is in
violation of this statute. Under this process, a local agency could opt to take corrective
action.
In its preliminary analysis, the Executive Office of the Board indicates that AB 194 could
significantly impact the Board of Supervisors and the Executive Office by encouraging
members of the public to file court actions against the Chair of the Board, as well as the
chairs of County commissions and committees. This could lead to major difficulties in
managing open meetings in an appropriate and timely fashion. In addition, the
Executive Office notes that AB 194 may also pose a serious problem in persuading
citizen volunteers on County commissions and committees to serve as chairs of their
respective legislative bodies once they are aware that they could become the subject of
criminal prosecution.
This office and County Counsel concur with the concerns posed by the Executive Office
of the Board. In addition, County Counsel notes that the proposed language is
overbroad and inconsistent with other Government Code sections. For example, under
AB 194, a chair could be guilty of a misdemeanor for imposing a time limit on a speaker
who is criticizing the board even if the chair is justly imposing acontent-neutral time
limit. County Counsel also notes that the bill's proposed language is also overbroad in
that it imposes misdemeanor with no exceptions, and we concur.
a

N/Sacramento Updates 2013/sacto 020713

Each Supervisor
February 7, 2013
Page 4
AB 194 is currently in the Assembly pending referral to committee.
This once will continue to monitor and work with the Executive Office of the Board,
County Counsel and other departments, such as the District Attorney, to prepare a
comprehensive analysis and report back to the Board with recommendations.
We will continue to keep you advised.
WTF:RA
MR:KA:IGEA:ma

c:

All Department Heads


Legislative Strategist
Local 721
Coalition of County Unions
California Contract Cities Association
Independent Cities Association
League of California Cities
City Managers Associations
Buddy Program Participants

N/Sacramento Updates 20131sacto 020713

County of Los Angeles

CHIEF EXECUTIVE OFFICE


Kenneth Hahn Hali ofAdminisfration
500 West Temple Street, Room 713, Los Angeles, California 90012
(213)974-1101
htEp:Ilceo.lacounty.gov

WILLIAM T FUJIOKA

Board of5uperv'ssors

Chief Executive. O~cer

GLORIA MOLiNA
First District
PlARK RIDLEY-THOMAS
Second District
ZEV YAROSLAVSKY
Third District

DON ICNABE

Fourth District

Apri15, 2O~3

Ni1CHAEL D. ANTONOVICH
Fifth District

To:

Supervisor Mark Ridley-Thomas, Chairman


Supervisor Gloria Molina
Supervisor Zev Yaroslaysky
Supervisor Don Knabe
Supervisor Michael D. Antonovich

From:

William T Fujioka
Chief Executive Officer

SACRAMENTO UPDATE
Executive Summary
This memorandum provides an update on the following:
Pursuit of County Position to Oppose AB 194 (Campos). This measure
would amend the Brown Act to make it a misdemeanor for the chairperson of a
local legislative body to prohibit public criticism of the agency's services and
related activities. Therefore, unless otherwise directed by the Board, consistent
with existing policy related to abridgement or elimination of the Board of
Supervisors' powers and duties, and policy to appose the imposition of
unreasonable burdens to provide access to information managed by County
agencies, the Sacramento advocates will oppose AB 194.
Status of County-Sponsored Legislation
o County-Sponsored AB 246(Bradford]- related to the Brown Act passed
the Assembly Local Government Committee on April 3, 2013.

"To Enrich Lives Through Effective And Caring Service"


F'/ease Conserve Paper This Document and Copies are Two-Sided
Infra-Counfy Correspondence Sent Electronically Only

Each Supervisor
April 5, 2013
Page 2
Status of County-Advocacy Legislation
o

County-Opposed AB 218 (Dickinson)- related to public employment


practices passed the Assembly Judiciary Committee on Apri12, 2013.

o County-Supported SB 20 (Hernandez)- related to student loan


repayment assistance for recently licensed physicians passed the Senate
Health Committee on April 3, 2013.
o County-Supported SB 402 (De Leong - re{ated to the Ten Steps
to Successful Breastfeeding passed the Senate Health Committee on
April 3, 2013.

Lectislation of Countv Interest


AB 194 (Campos), which as introduced on January 28, 2013, would make it a
misdemeanor for the chairperson of a legislative body of a local agency to prohibit
public criticism of the policies, procedures, programs, or services of the agency, or of
the acts or omissions of the legislative body, as protected under the Brown Act.
The Brown Act requires, with certain exceptions, that all meetings of a local legislative
body be open and public, permitting all persons to attend and participate. The Act
disallows a local agency from prohibiting public criticism of its policies, procedures,
programs, or services. In addition, the Act allows local agencies to establish reasonable
rules to manage and conduct public comment, in effect designating open meetings as
limited public forums, in which time, place, and manner restrictions are permissible.
As introduced, AB 194 would amend the Brown Act to make it a misdemeanor for the
chairperson of a legislative body to prohibit public criticism of the legislative body. The
bill would further authorize a district attorney or an interested party to commence judicial
determination as to whether an action taken by a local governing body is in violation of
this statute, and therefore, is null and void.
The Executive Office of the Board indicates that AB 194 could significantly impact the
Board of Supervisors and the Executive Office by encouraging members of the public to
file court actions against the Chair of the Board of Supervisors, as well as the chairs for
the dozens of County commissions and committees. The Executive Office of the Board
notes that under AB 194, in certain cases it could be very difficult for a chairperson to
enforce appropriate time limits for public comment and to distinguish between
legitimate, protected criticism of a legislative body from unwarranted and/or personal
N/Sacramento Updates 2013/sacto 040513

Each Supervisor
April 5, 2013
Page 3
abuse. This could lead to major difficulties in managing open meetings in an
appropriate and timely fashion. In addition, the Executive Office of the Board notes that
the bill may pose a serious problem in persuading citizen volunteers on County
commissions and committees to serve as chairs of their respective legislative bodies
once they are aware of the extent of this statute. Such reluctance would negatively
impact the operations of commissions such as the civil service, employee relations,
other regulatory commissions,joint power authorities and non-profit corporation boards.
County Counsel concurs with the concerns expressed by the Executive Office of the
Board, noting that the proposed language is overbroad and inconsistent with exiting law
which allows the legislative body of a local agency to adopt reasonable rules, such as
time limits, for public comment. Under AB 194, a chair could be guilty of a
misdemeanor for imposing a time limit on a speaker who is criticizing the board even if
the chair is justly imposing acontent-neutral time limit. County Counsel notes that a
board or commission can be cleared of wrongdoing civilly, but still convicted of a
misdemeanor, in effect making the standard for a criminal conviction lower.
This office and the Executive Office ofi the Board oppose AB 194. County Counsel
concurs with this recommendation. Therefore, unless otherwise directed by the Board,
consistent with existing policies to oppose: 1) any abridgement or elimination of the
Board of Supervisors' powers and duties unless the change promotes a higher priority
of the Board; and 2) legislation that imposes unreasonable burdens or creates unfunded
mandates to provide access to records, information managed and maintained by
County agencies, the Sacramento advocates will oppose AB 194.
AB 194 is opposed by the California State Association of Counties, Urban Counties
Caucus, Rural County Representatives of California and California Association of Clerks
and Election Officials. There is no registered support on file.
This measure is scheduled to be heard in the Assembly Loca{ Government Committee
on April 24, 2013.
Status of County-Sponsored Legislation
County-sponsored AB 246 (Bradford), which as introduced on February 6, 2013,
would amend the Brown Act to add the Governor to the existing list of officials whom
local governing bodies can meet in closed session with on specified matters of security,
passed the Assembly Local Government Committee by a vo#e of 9 to 0 on April 3, 2013.
This measure now proceeds to the Assembly Floor.

N/Sacramento Updates 2013/sotto 040513

Each Supervisor
April 5, 2013
Page 4
Status of County-Advocacv Legislation
County-opposed AB 218 (Dickinsonj, which as introduced on February 4, 2013,
any
would prohibit a State or local agency from inquiring about criminal history on
the
passed
law,
by
initial employment application, except where otherwise required
now
Assembly Judiciary Committee by a vote of 6 to 3 on April 2, 2013. This measure
proceeds to the Assembly Appropriations Committee.
County-supported SB 20 (Hernandez), which as amended February 14, 2013, would
require funds deposited into the Managed Care Administrative Fines and Penalties
on
Fund in excess of $1.0 million, plus interest, to be used for the Steven M. Thomps
nt
repayme
loan
student
provide
Physician Corps Loan Repayment Program to
e
shortag
onal
professi
assistance to recently licensed physicians who practice in health
on
to
0
areas in California, passed the Senate Health Committee by a vote of 9
April 3, 2013. This measure now proceeds to the Senate Appropriations Committee.
County-supported SB 402 (De Leon), which as introduced on February 20, 2013,
would require all general acute care and special hospitals that have a perinatal unit to
adopt the Ten Steps to Successful BreastFeeding by January 1, 2020, passed the
Senate Health Committee by a vote of 7 to 3 on April 3, 2013. This measure now
proceeds to the Senate Appropriations Committee.
We will continue to keep you advised.
WTF:RA
MR:VE:PC:ma

c:

All Department Heads


Legislative Strategist
Laca)721
Coalition of County Unions
California Contract Cities Association
Independent Cities Association
League of California Cities
City Managers Associations
Buddy Program Participants

N/Sacramento Updates 2013/sacto 040513

County of Los Angeles


CHIEF EXECUTIVE OFFICE
Kenneth Hahn Hali of Administration
500 West Temple Street, Room 713, Los Angeles, California 90012
(213)974-'E 101
http://ceo.laco unty.gov

WILLIAM T FUJIOKA

January 74, 2014

Chief Executive Officer

Board of Supervisors
GLORIA MOLINA
First District
MARK RIDLEY-THOMAS
Second District

Supervisor Don Knabe, Chairman


Supervisor Gloria Molina
Supervisor Mark Ridley-Thomas
Supervisor Zev Yaroslaysky
Supervisor Michael D. Antonovich

To:

ZEV YAROSLAVSKY
Third District
DON KNABE
Fourth District
MICHAEL D. ANTONOVtCH
Fifth District

William T Fujioka
Chief Executive Officer

From:

SACRAMENTO UPDATE
Executive Summary
This memorandum contains reports on the following:
Change of County Position on Legislation
o

County-opposed SB 673 (DeSaulnier)- previously related to cost


benefit analyses far proposed developments, as gutted-and-amended on
January 6, 2014, now relates to the Contra Costa County Board of
Retirement; therefore, the Sacramento advocates will remove the
County's position to this bill and take no position.

Status of County-Sponsored Legislation


o

County-sponsored SB 827 (Liu)- related to the County's Enhanced


Homeowner Fraud Notification Program, was introduced on January 6,
2014.

Status of County-Advocacy Legislation


o County-opposed AB 194 (Campos)-which as amended on January 6,
2014, would allow a district attorney or any interested party to commence
judicial determination to declare an action taken by a local governing body
as null and void if it is determined that the legislative body violated the
Brown Act's public comment provisions. As amended, AB 194 could

"To Enrich Lives Through Effective And Caring Service"


Please Conserve Paper This Document and Copies are Two-Sided
Infra-County Correspondence Sent Electronically Only

Each Supervisor
January 14, 2014
Page 2
subject the County to costly and lengthy litigation, as well as hold critical
Board actions pending legal determination. Therefore, unless otherwise
directed by the Board, consistent with adopted policy related to
abridgement or elimination of the Board of Supervisors' powers and duties
and to the imposition of unreasonable burdens to provide access to
information managed by local agencies, the Sacramento advocates will
continue to oppose AB 194.
Legislation of County Interest
o

AB 471 (Atkins) -which as gutted and amended on January 6, 2014,


relates to infrastructure financing districts (IFDs), is being reviewed by this
office, County Counsel, the Auditor-Controller's office, and the Community
Development Commission to determine any potential impact to the
County.

Chance of County Posi#ion on Legislation


County-opposed SB 673 (DeSaulnier), which as amended on May 21, 2073, would
have required a city, county, or city and county to ensure a cost benefit analysis be
prepared prior to approving or disapproving a proposed development project estimated
to receive over $1.0 million in subsides, was gutted and amended on January 6, 2014.
As amended, the bill would now authorize the Contra Costa County Board of Retirement
to appoint a retirement administrator and other personnel as required to accomplish the
necessary work of the board, among other provisions.
Ali provisions related to the approval or disapproval of proposed development projects
by cities and counties have been removed. Therefore, the Sacramento advocate will
remove the County's position to this bill and take no position.
Status of County-Sponsored Legislation
County-sponsored SB 827 (Liu}, as introduced on January 6, 2014, would extend to
January 1, 2020 the authorization (County-sponsored SB 62 of 2011) that allows
Los Angeles County to send notifications to occupants of a residential property when a
notice of default or notice of sale has been recorded on that residence and provides for
counseling and assistance to all notification recipients. SB 827 is in the Senate pending
assignment to committee.

N/Sacramento Updates 2074/sacto 011414

Each Supervisor
January 14, 2014
Page 3
Status of County-Advocacy Legislation
County-opposed AB 194(Campos), which as introduced on January 28, 2013, would
have made it a misdemeanor for the chairperson of a legislative body of a local agency
to prohibit public criticism of the agency's services and activities, was amended on
January 6, 2014.
to
As amended, AB 194 would allow a district attorney or any interested party
body
ng
governi
local
commence judicial determination to declare an action taken by a
as null and void if it is determined that the legislative body violated the Ralph M. Brown
Act(Brown Act) provisions that provide members of the public an opportunity to address
the legislative body on items being considered at their regular or special meetings.
The Executive Office of the Board indicates that AB 194 could significantly impact the
County by encouraging members of the public to file court actions against the Board
and other County boards, committees and commissions. The Executive Office notes
that because the Brown Act allows local agencies to es#ablish reasonable rules to
manage and conduct public comment, what could constitute a violation is open to
broader interpretation. As such, AB 194 could encourage members of the pubic to file
many claims on various grounds, potentially subjecting the County to additional costly
and lengthy litigation. In addition, because actions taken in alleged violation would be
subject to being declared null and void, a local agency would theoretically be unable to
move forward with critical and time-sensitive Board actions pending judicial
determination. The Executive Office indicates that in the extreme case, it is possible
that actions taken at an entire meeting or multiple meetings could be declared null and
void if the legislative body's rules for public comment were generally deemed by a court
to be in violation. This could lead to major operational difficulties in managing the
meetings of the legislative body and conversely, the larger local agency
operations. County Counsel concurs with the concerns posed by the Executive Office
noting that the proposed language is overbroad.
This office and the Executive Office recommend continued opposition of
AB 194. County Counsel concurs with this recommendation. Therefore, consistent with
Board approved policies to oppose: 1) any abridgement or elimination of the Board of
Supervisors' powers and duties unless the change promotes a higher priority of the
Board and 2) legislation that imposes unreasonable burdens or creates unfunded
mandates to provide access to records, information managed and maintained by
County agencies, and unless otherwise directed by the Board, the Sacramento
advocates will continue to oppose AB 194.

NlSacramento Updafes 2014lsacto 011414

Each Supervisor
January 14, 2014
Page 4
AB 194 is opposed by the California State Association of Counties; Urban Counties
Caucus; Rural County Representatives of California; and California Association of
Clerks and Election Officials. There is no registered support on file.
AB 194 is scheduled to be heard in the Assembly focal Government Committee on
January 15, 2014.
Legislation of Countv Interest
AB 471 {Atkins), which as introduced on February 19, 2013, would have eliminated a
statutory limit on the number of State contracts with Program for All Inclusive Care of
the Elderly (PACE) organizations, was gutted and amended on January 6, 2014. As
amended the bill now would allow an Infrastructure Financing District (IFD) to include
portions of former redevelopment project areas, and make several changes to the laws
governing the dissolution of redevelopment agencies (RDAs).
Specifically, this bit! would:
1) Allow an IFD to include portions of former redevelopment project area and to
finance a project or portion of a project that is located in, or overlaps with, a
redevelopment project area or former redevelopment project area;
2) Authorize a successor agency to amend an existing contract or agreement
related to long-term enforceable obligations, or enter into a new contract or
agreement in furtherance of an existing contract or agreement,for the purpose of
administering projects in connection with long-term enforceable obligations, if the
existing contract or agreement has been approved by the Department of finance
(DOF);
3) Prohibit any amendment of ~n existing contract or agreement, or any new
contract or agreement, from committing any new funding from any source
beyond the funding that was previously authorized in the existing contract or
agreement;
4) Prohibit the amending of an existing contract or agreement, or any new contract
or agreement, from otherwise adversely affecting the flow of property tax
revenues or payments made to taxing entities;

N/Sacramento Updates 2014/sacto 011414

Each Supervisor
January 14, 2014
Page 5
5) Authorize a successor agency to schedule Recognized Obligation Payment
Schedule CROPS) payments beyond the existing ROPS cycle upon showing that
a lender requires cash on hand beyond the ROPS payment cycle or that a
payment is due during the ROPS cycle;
6) Require a successor agency to provide notice to the oversight board at least
10 days prior to entering into a con#ract or agreement for the use or disposition of
properties, as specified;
7) Authorize the oversight board to notify the successor agency during that 10-day
period that it intends to conduct a public hearing to determine whether the
contract or agreement is consistent with the successor agencies' {ong-range
asset management plan;
8) Require that, on January 2, 2014, and twice yearly thereafter until June 1, 2018,
funds be a{located to cover the housing entity administrative cast allowance of a
local housing authority that has assumed the housing duties of the former
redevelopment agency, as specified, before remaining moneys are distributed to
local agencies and school entities;
9) Define the term "housing entity administrative cost allowance" for these
purposes; and
10) Define the term "identified in an approved redevelopment plan" to include
properties listed in a community plan or a 5-year implementation plan.
This bill is an urgency measure and would take effect immediately if enacted.
AB 471 is. a reintroduction of AB 662 (Atkins) of 2013, which was vetoed by the
Governor on October 11. 2013. In his veto message, the Governor noted the lanauage
to authorize new or amended contracts to existing enforceable obligations could result
in unintended costs to the State General Fund. The Governor also directed his
administration to work with the author in 2014 to make changes to the bill's language in
a manner that would avoid these costs.
The bill is supported by the City of West Sacramento; Infi{I Builder Federation; BRIDGE
Housing; Mission Bay Development Group; and Strada Investment. Opposition to
AB 471 is unknown at this time.

N/Sacramento Updates 2014/5acto 011414

Each Supervisor
January 14, 2014
Page 6
troller's office, and
This office is working with County Counsel, the Auditor-Con
sions of the bill and
the Community Development Commission to review the provi
y.
the revised language to determine any potential impact to the Count
ce Committee on
AB 471 is scheduled to be heard in the Senate Governance and Finan
January 15, 2014.
We will continue to keep you advised.
WTF:RA
MR:PC:IGEA:ma

c:

All Department Heads


Legislative Strategist

N/Sacramento Updates 2014lsacto 011414

County of Los Angeles


CHIEF EXECUTIVE OFFICE
Kenneth Hahn Hall of Administration
500 West Temple Street, Room 713, Los Angeles, California 90012
(213)9741101
http:/lceo.lacou nty.gov
Board of Supervisors
GLORIA MOLINA
First District

WILLIAM T FUJIOKA
Chief Executive Officer

MARK R{DLEY-THOMAS
Second District

June 27, 2014

ZEV YAROSLAVSKY
Third DisVict
DON KNABE
Fourth District

To:

Supervisor Don Knabe, Chairman


Supervisor Gloria Molina
Supervisor Mark Ridley-Thomas
Supervisor Zev Yaroslaysky
Supervisor Michael D. Antonovich

From:

William T Fujioka
Chief Executive Officer

MICHAEL D. ANTONOVICH
Fifth District

SACRAMENTO UPDATE

Executive Summary
This memorandum contains reports on the fo{lowing:
Legislative Deadlines. A report on the legislative deadline to pass bills out of
policy committees in the second house.
Status of County-Advocacy Legislation. Updates on 11 County-advocacy
measures related to: 1) the Brown Act; 2) driver's licenses for veterans;
3) parental fees for State preschools; 4) workers' compensation presumptions;
5) disability payments for peace officers; 6) redevelopment successor agencies;
7) job-related injuries of hospital employees; 8) child care and development
programs; 9) design-build contract process; 10) drug free counseling services;
and 17) redevelopment dissolution.
Status of Legislation of County Interest. Updates on four measures of
significant interest to the County related to: 1)filling vacancies on county boards
of supervisors; 2} social impact partnerships pilot program; 3) increasing the
State minimum wage; and 4)licensing marijuana dispensing facilities.

"To Enrich Lives Through Effective And Caring Service"


Please Conserve Paper This Document and Copies are Two-Sided
Intro-County Correspondence Sent Electronically Only

Each Supervisor
June 27, 2014
Page 2
Leaislative Deadlines
in the
(n advance of today's legislative deadline to pass bills out ofi policy committees
g
includin
week
this
s
measure
s
second house, the Legislature took action on numerou
that
Bills
below.
the County-advocacy measures and bills of County interest reported
the
were held or not passed by policy committees will not proceed this year. Both
Assembly and Senate have adjourned until Monday, June 30, 2014.
Status of County-Advocacy Legislation
County-opposed AB 194(Campos), which as amended on January 27, 2014, would
to
allow a district attorney or any interested parly to commence judicial determination
that
ned
is
determi
declare an ac#ion taken by a local governing body as null and void if it
d
the legislative body violated the Brown Act's public comment provisions, was amende
on June 17, 2014.
As amended, AB 194 removes the null and void provisions, and instead would further
forbid the legislative body from prohibiting or limiting specified public criticism
processes, including prohibiting comment by a member of the public: 1) on an item
after the introductory presentation has been made and before the body takes action; or
2) during presentation of the item if the member has failed to provide notice of his or her
desire to comment at the beginning of the meeting. The Executive Office of the Board
notes that while these amendments remove the County's original concerns, the new
provisions, as broadly written, could allow members of the public to speak on the same
item more than once and/or without timely notice, thereby allowing for undue disruptions
at public meetings. Therefore, unless otherwise instructed by the Board, the
Sacramento Advocates will continue to oppose AB 194.
This measure passed the Senate Governance and Finance by a vote of 5 to 2 on
June 25, 2014, and now proceeds to the Senate Floor.
County-supported AB 935 (Frazier), which as amended on June 9, 2014,
wouEd: 1) allow an applicant for a California driver's license or identification card,
commencing November 11, 2015, to request that the driver's license or identification
card be printed with the word "VETERAN"; 2) require the applicant to present to
the California Department of Motor Vehicles (DMV) proof of veteran status; and
3) require county veterans service offices to verify an applicant's veteran status for
these purposes, passed the Senate Transportation and Housing Committee by a vote of
10 to 0 on June 26, 2014. This measure now proceeds to the Senate Appropriations
Committee.

N/Sacramento Updates 2014/sacto 062714

Each Supervisor
June 27, 2014
Page 3
April 9, 2014, would
County-supported AB '1902 (Boma), which as amended on
e families with children
eliminate the current requirement to assess fees on low-incom
to be heard by the
who attend apart-day State preschool program, was scheduled
at the request of the
Senate Education Committee on June 24, 2014, but was pulled
ive Office -Office of
author. This measure will not proceed this year. The Chief Execut
repeals the family
15
2014FY
Child Care notes that the State's approved budget for
fees for part-day State Preschool, as AB 1902 would have done.
on April 8, 2014,
County-opposed AB 2052 (Gonzalez), which as amended
employees that fall
all
to
would extend certain workers' compensation presumptions
and Industrial
under the statutory definition of peace officer, passed the Senate Labor
re now proceeds
Relations Committee by a vote of 5 to 0 on June 25, 2014. This measu
to the Senate Appropriations Committee.
2014, would allow
County-opposed AB 2378 {Perea), which as amended on May 23,
of absence without
the payment of Labor Code 4850 disability benefits, special leaves
maximum benefits
loss of pay benefits to certain peace officers, in addition to the
and Industrial
e
Labor
Senat
allowed for temporary disability payments, passed the
re now proceeds
Relations Committee by a vote of 5 to Q on June 25, 2014. This measu
to the Senate Appropriations Committee.
10, 2014,
County-opposed AB 2493 (Bloom), which as amended on June
sor entity to
would: 1) authorize a redevelopment successor agency or housing succes
issued for
designate the use of, and commit, proceeds from indebtedness that was
2) require
and
2011;
28,
June
to
affordable housing or redevelopment purposes prior
be used
2011,
28,
the proceeds from bonds issued befineen January 1, 2011 and June
d by successor
for projects meeting certain criteria established in this bill, to be funde
, passed the
agencies generally, from proceeds of bonds issued during the same period
2014. This
25,
June
on
1
to
Senate Governance and Finance Committee by a vote of 4
measure now proceeds to the Senate Appropriations Committee.
2014, would
County-opposed AB 2616 (Skinner), which as amended on April 29,
yees for
emplo
l
hospita
cover
expand the presumption of job-related injuries to
e Labor
Senat
methicillin-resistant staphylococcus aureus, a skin infection, passed the
This measure
and Industrial Relations Committee by a vote of 5 to 0 on June 25, 2014.
now proceeds to the Senate Appropriations Committee.
2014, would:
County-supported SB 192 (Liu), which as amended on June '!8,
early {earning
1) redefine center-based child care and development programs as direct
require child
programs; 2) consolidate contracts for direct early learning programs; 3)
changes
other
make
4)
and
care agencies to provide families with consumer education;
NlSacramento Updates 2014/sacto 062714

Each Supervisor
June 27, 2014
Page 4
the Assembly Education
to reflect existing practices and qualitative measures, passed
re now proceeds to the
Committee by a vote of 6 to 0 on June 25, 2014. This measu
Assembly Appropriations Committee.
ry 14, 2014, would
County-supported SB 785 (Wolk), which as amended on Janua
the design-build contract
enact uniform provisions authorizing local agencies to utilize
million, was amended
procurement process and lower the project cost threshold to $1.0
on June 77, 2Q14.
required local agencies
As amended, the bill now deletes the provisions that would have
for its costs related to
to reimburse the Department of Industrial Relations (DIR)
tment of Public Works
monitoring and enforcing prevailing wage compliance. The Depar
Omnibus Trailer Bill
nment
(DPW) reports that the recently enacted General Gover
t of current law that
{SB 854, Chapter 28, Statues of 2014) deleted the requiremen
enforcing compliance
requires local agencies to pay the DIR's costs for monitoring and
would instead require
with prevailing wage requirements as a cost of construction, and
with the DIR and pay
er
a contractor or subcontractor, beginning July 1, 2014, to regist
an annual renewal fee of $340 to cover these costs.
a used to evaluate
The amendments also add the following minimum factors to the criteri
expertise; and
design-build proposals: 1) price; 2) technical design and construction
already includes
3) life-cycle costs over 15 or more years. The DPW indicates that it
these criteria in their evaluation of design-build proposals.
rt SB 785 as
The Department of Public Works and this office continue to suppo
the Sacramento
amended. Therefore, unless otherwise instructed by the Board,
Advocates will continue to support SB 785.
of 7 to 2 on
SB 785 passed the Assembly Local Government Committee by a vote
bly Appropriations
June 25, 2014. This measure now proceeds to the Assem
Committee.
June 19, 2014, would
County-supported SB 1045 {Beall}, which as amended on
services are
require that an outpatient group setting in which drug free counseling
12 individuals,
provided consist of no less than two individuals and no more than
measure now
This
2014.
passed the Senate Floor by a vote of 29 to 0 on June 26,
proceeds to the Governor.
as amended on
County-oppose-unless-amended SB 1129 (Steinberg), which
ved a Finding of
recei
y,
it
has
May 27, 2014, would: 1) authorize a successor agenc if
or amend existing
Completion from the Department of Finance {DOF}, to enter into
N/Sacramento Updates 2014/sacto 062714

Each Supervisor
June 27, 2014
Page 5
ts in connection with
contracts and agreements, or otherwise administer projec
will not commit new
ts
enforceable obligations, if the contract, agreement, or projec
tax revenues or payments to
property tax funds or otherwise adversely affect the flow of
of "enforceable obligation" an
the taxing agencies; 2) include within the definition
prior to June 30, 2011, if
agreement entered in#o between the redevelopment agency
improvements to which the
the agreement relates to State highway infrastructure
successor agency to use
redevelopment agency committed funds; 3) authorize a
year, upon approval of the
proceeds from bonds issued during the 2011 calendar
stent with the sustainable
oversight board, if the use of those bond proceeds is consi
ing Organization (MPO);
communities strategy adopted by the Metropolitan Plann
es is not required for the
4) specify that a compensation agreemen# between taxing entiti
management pion (LRPMP)
disposition of properties pursuant to a long-range property
part of the approval of a
and prohibit DOF from requiring compensation agreements as
LRPMP makes a good
LRPMP; 5) specify that DOF shall only consider whether the
use or disposition of all
faith effort to inventory ail the properties and also addresses the
ve a LRPMP by January 1,
the properties; and 6) delete the requirement that DOF appro
expeditiously as possible,
as
2015, and instead, require DOF to approve the LRPMPs
nity Development
among other provisions, passed the Assembly Housing and Commu
re now proceeds to the
Committee by a vote of 5 to 1 on June 25, 2014. This measu
Assembly Appropriations Committee.
Status of Legislation of County Interest
would authorize a vacancy
AB 1862(Melendez), which as amended on June 15, 2014,
counties, to be filled by a
on a county board of supervisors, excepting those of charter
the Senate Governance
quorum of the board within 9Q days of vacancy, failed to pass
and was subsequently
and Finance Committee by a vote of 3 to 4 on June 25, 2074,
granted reconsideration.
authorize the Governor
SB 593 (Lieu), which as amended on June 10, 2014, would: 1)
year to address policies
to enter into at least three social impact partnerships each fiscal
components of State
ss
or programs not currently funded by the State, to addre
e recidivism and child
programs to improve outcomes or lower State costs, to reduc
ded that the social
abuse and neglect, or to assist at-risk and foster children, provi
e a contract for
requir
2)
ams;
progr
impact partnership is not used to operate entire State
Governor's
the
of
part
as
a social impact partnership to be submitted to the Legislature
ed in the
includ
be
to
proposed budget, and any funding necessary for that fiscal year
ister or oversee the
Governor's proposed budget for the State agency that would admin
among other provisions.
contract; and 3)sunset the bi11's provisions by January 1, 2020;

N/Sacramento Updates 2014/sotto 062774

Each Supervisor
June 27, 2014
Page 6
Development and the Economy
SB 593 passed the Assemb{y Jobs, Economic
24, 2014. The amendments
Committee, with amendments, by a vote of 7 to 0 on June
clarifying that the Governor is
approved in committee, which are not yet in print, include
approval by the Legislature.
prohibited from entering into a contract without funding
Committee.
This measure now proceeds to the Assembly Appropriations
2014, would increase the State
SB 935 (Leno), which as amended on March 27,
00 an hour on January 1,
minimum wage to $11.00 an hour on January 1, 2015, to $12.
after, adjusts it annually
2016, and to $13.00 an hour on January 1, 2017, and there
oyment Committee by a
based on inflation, failed to pass the Assembly Labor and Empl
ed reconsideration.
vote of 3 to 1 on June 25, 2014, and was subsequently grant
d require the California
SB 1262 (Correa), which as amended on June 15, 2014, woul
nsing facilities, cultivation
Department of Consumer Affairs to license marijuana dispe
Public Safety Committee, with
sites, and processing facilities, passed the Assembly
ure now proceeds to the
amendments, by a vote of 6 to 1 on June 26, 2014. This meas
Assembly Appropriations Committee.
We will continue to keep you advised.
WFF:RA
MR:PC:IGEA:ma

c:

All Department Heads


Legislative Strategist
Local 721
Coalition of County Unions
California Contract Cities Association
Independent Cities Association
League of California Cities
City Managers Associations
Buddy Program Participants

N/Sacramento Updates 2014/sacto 062714

County of Los Angeles

CHIEF EXECUTIVE OFFICE


Kenneth Hafin Hall of Administration
500 West Temple Street, Room 713, Los Angeles, California 90012
(213)974-1101
http://ceo.facou nty.gov
Board of Supervisors
GLORIA MOLINA
First District

WILLIAM T FUJIOKA
Chief Executive Officer

July 22, 2014

MARK RIDLEY-THOMAS
Second District
2EV YAROSLAVSKY
Third District

To

Supervisor Don Knabe, Chairman


Supervisor Gloria Molina
Supervisor Mark Ridley-Thomas
Supervisor Zev Yaroslaysky
Supervisor Michael D. Antonovich

I,'~'ii

William T Fujioka
Chief Executive Officer

DON KNABE
Fourth District
MICHAEL D. ANTONOVICH
Fifth District

SACRAMENTO UPDATE
This memorandum contains reports on the following:
Change in Position on County-Advocacy Legislation.
o County-opposed AB 194 {Campos)- related to the Brown Act, would
alEow members of the public to speak on the same public meeting item
more than once and/or without prior notice. The Executive Office of the
Board and County Counsel note that while the latest amendments remove
the County's original concerns, the new provisions would allow for undue
disruptions at public meetings. Therefore, unless otherwise instructed
by the Board, the Sacramento Advocates will oppose AB 194 unless
amended to remove provisions that would create undue disruptions
at pubic meetings.
Status of Legislation of County Interest.
o AB 2389 (Fox) - related to the temporary modification of the State's
capital investment incentive programs and tax credits for qualified tax
payers, was signed by the Governor on July 10, 2014.
o AB 2419 (Garcia)- related to agency shop fee agreements in the County
and City of Los Angeles, was vetoed by the Governor on Jufy '!8, 2014.

"To Enrich Lives Through Effective And Caring Service"


Please Conserve Paper This Document and Copies are Two-Sided
Infra-County Correspondence Sent Elecfronically Only

Each Supervisor
July 22, 2014
Page 2
Change in Position on County-Advocacy Legislation
County-opposed AB 194(Campos), which as amended on July 1, 2014, would forbid
the legislative body of a local agency at their public meetings from prohibiting or limiting
comment by a member of the public wishing to speak before the legislative body's
consideration of an item, as well as during consideration, including comment by those
that fail to provide advance notice of comment.
The Executive Office of the Board and County Counsel note that while the latest
amendments to this bill remove the County's original concerns; the new provisions, as
broadly written, would allow members of the public to speak on the same item more
than once and/or without timely notice, thereby allowing for undue disruptions at public
meetings. The Executive Office of the Board and County Counsel report that
acceptable amendments would clarify that: 1) members of the public shall be provided
the opportunity to comment on an item on the agenda during the legislative body's
consideration of the item; and 2) members of the public should provide notice of their
desire to comment any time prior to the legislative body's consideration of the item.
Therefore, unless otherwise instructed by the Board, the Sacramento advocates
will oppose AB 194 unless amended to remove provisions that would create
undue disruptions at public meetings.
Status of Legislation of County Interest
AB 2389 (Fox), which as amended on July 2, 2014, would: 1) temporarily modify the
State's current capital investment incentive programs, which local governments are
authorized #o establish; and 2} allow a tax credit to qualified taxpayers based on the
amount of qualified wages paid to qualified full-time employees, among other
116,
provisions, was signed by the Governor on July 10, 2014, and it is Chapter
ely.
immediat
Statutes of 2014. As an urgency measure, AB 2389 takes effect
AB 2419 {Garcia), which as amended on March 12, 2014, would authorize the inclusion
of management employees in agency shop arrangements in the County of Los Angeles
and the City of Los Angeles, was vetoed by the Governor an July 18, 2014. In his veto
message, the Governor noted that granting agency shop arrangements to managers
goes against sound labor-management relations that should require a clear separation
be#ween managers and rank and file employees.
We will continue to keep you advised.
VV~F:RA
MR:PC:Im

c:

All Department Heads


Legislative Strategist

NlSacramento Updates 2074/sacto 07221a

County of Los Angeles

CHIEF EXECUTtV~ t}FFICE


Kenneth Hahn Hail of Administration
500 West Temple Sbeei, Room T'i3, Los Angeles, Calltornia 9Q012
{213)9741101
http:Jiceo.lacounty.gov

WILLIAhA T FUJIOKA

Boats of Supervisors
GLORIA MOLINA
First District

Chief Executive O~cer

August 98, 2014

MARK RIDLEYi'HOMAS
Second Olstrict
ZEV YARQSLAVSKY
Third District
ppN KNABE
Fourth District

"~"~

Supervisor Don Knabe, Chairman


Supervisor Gloria Molina
Supervisor Mark Ridley-Thomas
Supervisor Zev Yaroslaysky
Supervisor Michael D. An#onovicE~

From:

William T Fujioka
Chief Executive Officer

MICHAEL D. AIY30NOVICH
Fifth District

SACRAMENTO UPQATE
Executive Summary
This memorandum contains a report an the fallowing:
Change in Position on County-Advocacy Legisla#ion
Countyoppose-unless-amended AB 994 {Campos)- related to the Brawn
Act would forbid the legislative body of a local agency at their public meefings
from prohibiting or limiting comment by a member of the public wishing to
speak before the iegislat~ve body's consideration of an item, as wel! as during
consideration, including comment by those that fail to provide advance notice
of comment. The Executive Offiice of tie Board and County Counsel note
that AB 'E 94 would allow members of the public to speak on the same item
mare than once and/ar without timely notice, thereby allowing far undue
disruptions at public meetings. Therefore, unless otherwise directed by the
Board, consistent with existing policies to oppose: 1} any abridgement or
elimination of the Board ofSupervisors' powers and duties unless the change
promotes a higher priority of the Board; and 2) legislation that imposes
unreasonable burciens or creates unfunded mandates to provide access to
records, information managed and maintained by County ag~nci~s, the
Sacramento advocates will oppose AB 194.

`7a Enrich Lives Through Effective RRd Caring Service"


Please Conserve Paper- Thls ~xument and Copies are Two-Sfded
Intro-County Correspondence Sent Electronically Only

Each Supervisor
August 18, 2014
Page 2
Status of County-Advocacy Legislation
County-supported SB 912(Mitchell} related to food and beverage options
in vending machines operated and maintained an State property, passed the
Assembly Floor on August 18, 2014, and now proceeds to the Governor.
Status of Legislation of County Interest
SB 718 {Roth] related to financial incentives provided under a local
government's capital investment incentive program and aerospace tax credits
to qualified taxpayers, was signed by the Governer on August 15, 2014.
Report on the Joint legislative Audit Committee related to the approval of a
request by Assembly Member Bradford fora Sfat~ audit of the Coastal
Improvement Fund.

Change in Position on County-Advocacy Legis[ation


County-appose-unless-amended AB 194 (Campos}, which as amended on July 1,
2x1'4, would amend the Brown Act to forbid the IegisEative body of a local agency a#
their public meetings from prohibiting or limiting comment by a member of fhe public
wishing to speak befflre the legislative body's consideration of an item, as well as during
consideration, including comment by those that fail to provide advance na#ice of
comment.
The Executive Office of the Board and County Counsel note that, as amended,
AB 194 would allow members of the public to speak an the same item more than once
and/or without timely notice, thereby allowing for undue disruptions at public
meetings. The County proposed amendments, which would have clarified that:
1) members of the public shall be provided the opportunity to comment on an item on
the agenda during the legislative body's consideration of the item; and 2) members of
the public should provide. notice of their desire to comment any time. prior to the
legisla#ive body's consideration of the item; however, these amendments were not taken
by the author. Therefore, unless otherwise directed by the Board, consistent with
existing policies to appose: 1} any abridgement or elimination. of the Board of
Supervisors' powers and duties unless the change promotes a higher priority of the

W/Sacramento lJpdates 2014lsatto 085854 2

Each Supervisor
August 18, 204
Page 3
Board; and 2) legislation that imposes unreasonable burdens or creates unfunded
mandates to provide access to records, information manager! and maintained by
Coun#y agencies, the Sacramento advocates wilt oppose A8 794.
This measure is currently on the Senate Floor.
Status of County-Advocacy Legislation
County-supported SB 9'!2 (Mitchell), which as amended on April 21, 20'[4, would
make permanent pravisians in current State law which require vending machine
operaEors to provide faad and beverage options that meet accepfed nutritional
guidelines in vending machines operated and maintained on State property, passed the
Assembly Floor by a vote of ~4 to 11 on August 18, 2014. This measure naw proceeds
to the Governor.
Status of Legislation of County Interest
SB 7'I'8 (Roth}, which as amended. on August 7, 2014, would expand eligibility for
~naneial incentives provided under a loco{ government's capital investment incentive
program, and aerospace tax credits to qualified taxpayers, was signed by the Governor
on August 15, 2014, and it is Chapter 189, Statutes of 2014. ~B 718 is an urgency
measure and becomes efFective immediately.
According to the author of SB 718, this measure's focus on aerospace is an opportunity
to position the State, once again, as a nationaE leader in supporting the aerospace
industry by growing the industry by approximately 1,100 direct jobs and 5, 00 indirect or
induced jobs. This measure is simElar to AB 2389 (Chapfer 116, Statutes of 2014}
which temporarily modifies the State's capifal investment incentive program to ~ravide
tax incentives and credits for contractflrs (whether they are subcontractors or prime
contractors} of the United States Air Farce that have been awarded a contract to
manufacture property for use in, or as component of, a new advanced strategic aircraft,
and is intended to ensure competitive neutrality between competing bidders for this
project.
Joint Legisla~ive Audit Committee and the County-Administered Coastal
improvement Fund
On August 14, 2014, the Joint Legislative Audit Committee approved, on consent, a
request by Assembly Member Steven Bradford to audit the Coastal Improvement Fund
(CIF} due to allegations brought fonrvard by members of the public that the CIF was
being mismanaged and that insufficient funds were being contributed and deposited into
the fund.
N/Sacramento Updates 2014lsacio 061814,2

Each Supervisor
August 18, 2014
Page 4
The Coastal Improvement Fund was established in 1996 by jt~in# agreement between
the County and the California Coastal Commission to mitigate the impact of
tfevelopment and coastal access in Marina del Rey. Under fhe terms of tine join#
agreement, deveEopers in Marina del Rey are required to contribute ~6Q0for every new
residential unit proposed for development, wit# the monies being deposited into an
interest-bearing account prior to the issuance of development permits. Per the County
Code,the CtF is jointly administered by the Department of Beaches and Harbors(GBH}
and the Department of Regional Planning; however, to ensure accountability, DBH has
been delegated sole responsibility for maintaining the account.
As part of the audit, the State Auditor will provide independently developed and verified
information related to the CIF. Specifically, tie audit will include, but not be limited #a:
1} a review and evaluation of the laws, Hales, and regulations significant to the audit
objectives; 2) a review and assessmen# of the Department of Regional Planning's
policies and procedures regarding how it approves development requests and collects
coastal improvement fees; and 3} an assessment of the total number of residential
building permits issued and the fund's tofal revenues, expenditures, and fiend balances
for at (east the past three years.
There was no indication as to when this audit wiN commence andlor how long it will taRe
to complete.
We will continue to keep you advised.
WTF:RA
MR:VE:EGEA:Im

c:

All. Department Heads


Legislative Strategist

NlSaaamento Updates 20i41sacto 0818td,2

~~,~T A~,.oQ

FFICIE

~t?~ AIVG~L~S COUl~TI' C3I~T~i1CT ~1~C3RNE

y~< ~UREAl1 O~ FRAl1D ANQ CORRUPTION PRQSECUTIOR~S


N PUBLIC INTEGRITY D1VlSlOIV

o`er
o

~v JACKIE LACEY o Distfict /Attorney


y
~~'aF ~a5 P~~ SHARON J. MATSUMOTO o Chief Deputy District Attorney
JOSEPH P. ESPOSlTO o Assistant District Attorney

SCt~TT K. GOODWIN o Director

January 29, 2015


Eric Preven
esp3800~a~7aol.cam

Re:

Alleged Brown Act Violation by Board of Supervisors


Case fro. P14-Q317, Response #3

Dear Mr. Preven,


This letter is in response to the complaint you submitted via email on November 22, 2014,
alleging a viatation of the Brown Act(Act) by the Los Angeles County Board ofi Supervisors
(Board}. You alleged that the Board violated the Act in two separate ways, both relating to
a "five=signature letter" dated August 20, 2014,from tt~e Board to the California Stafie
Legislature expressing opposition to Assembly Bi!! 194(AB 194). That bill, coincidentally,
sought to amend the Brown Act. As explained below, we do not find any violation by the
Board.
You allege that the Board violated the Act by failing to give the public notice that it was
considering sending the letter to the Legislature. Government Code section 54954.2
requires that the Board identify all items ofi business on an agenda which is made available
to the public. On the agenda for the Board meeting on December 3, 2013,!tern 14 related
to the Board's 2013-2014 State Legislative Agenda. The agenda description for !tern 14
-read:
Approve recommended additions, deletions, and changes to existing Boardadapted policies and positions for inclusion in the 2013-14 State Legislative
Agenda; and instruct the Chief Executive Offrcer and affected departrnenis
to work with the Counfy delegation, other counties and local governments,
and interest groups to pursue these policies, positions, and prioriyes in the
State Legislature, and with Administration and its agencies. (Emphasis
added.)
Copies of the Board's 2013-2014 State Legislative Agenda and a letter frt~m the CEO
outlining recommended changes were attached to the agenda for the meeting on
December 3, 2013, In the legislative Agenda, General Principle Number Seven read:
"oppose any abridgement or elimination of the Board of Supervisors' powers and duties
766 Hall of Records
320 West Temple Stree4
Los AngeEes, CA 9Od12
(213} 974-6501
Fax: i213~ 620-9648

unless the change promotes a higher priority of the Board." Section 3.14, Public Records,
Number One stated,"Oppose legislation that imposes unreasonable burdens or creates
unfunded mandates to provide access to records, information managed and maintained by
County agencies."
On December 3, 2013, pursuant to the meeting agenda,the Board adopted the
recommended changes to the previously adopted Legislative Agenda. It further instructed
the CEO to take actions to support the adopted Legislative Agenda. As instructed, the
CEO worked with the County delegation in Sacramento to support the policies stated in
the Legislative Agenda. Periodically, the CEO issued reportswhich were available to the
public on the Chief Executive Office websiteta update the Board regarding the County's
Sacramento advocates' efforts on specific pending legislation. Efforts in opposition to AB
194 were included in reports dated February 7, 2Q13, April 5, 2013, January 14, 2014,
June 27,2014, July 22, 2014 and August 78, 2014. The reports stated that based on the
principles in the Legislative Agenda, the Sacramento advocates wautd oppose AB 194
"unless otherwise directed by the Board." Therefore, the Board did not need to specifically
vote or take action at a public meeting. The letter at issue did not constitute an acfion as
contemplated by the Brown Act, rather it was merely a reiteration of the Board's opposition
to AB 194 as already established by its Sacramento advocates under the direction of the
CEO.
You further contended that "in order for that five-signature latter to have been signed on
ons piece of paper, by all flue supervisors, there must have been prohibited action taken
either in closed session, by serial meeting, or by `meeting through writing."' Our review of
this matter established that the letter was written by the Chief Executive Office and
submitted to the Board members for signature. Given that the Board's position on the bill
was established long before the letter was written, this procedure does not involve
communications prohibited by the Act.
In addition to the contentions pertaining to the letter above, in your email you take issue
with the manner in which our office handled your previous complaint dated July 14, 2014.
Based on that complaint, we found that the Board violated the Act as stated in our letter to
the Board dated October 22, 2014. But no further action was taken because there was no
pattern of conduct by the Board in violation of the Act. The Act only specifies limited
enforcement procedures. Violations of different provisions of the Act cannot simply be
bundled for enforcement. We refer you to Government Code sections 54960, 54960.1
and 54960.2 for an understanding of the enforcement parameters.
You also argued that a pattern has been established from your list of past findings by our
office that the Board had violated the Act. You listed eight such findings from 2002
through 2014. However, when put in perspective by even the most conservative
calculations, it is clear that there is no pattern. Based on the Board meeting regularly each
week, excluding holidays and any special meetings, a conservative estimate is that the
Board has 50 meetings per year. Over the span of the thirteen years according to your
list, the Board would have had approximately 65Q meetings. Eight examples out of 65Q
does not approach any semblance of a pattern. Moreover,the sight violations involved
eight specific items of business. Therefore, given that each meeting agenda regularly lists

over 50 individual items, a more accurate assessment would consider the eight examples
in light of the approximately 32,000 individual items of business handled by the Board
during that time period.
We find no violation by the Board based on your complaint and no pattern of violations
over the past 13 years.
Very tnaly yours,
JACKIE LACEY
District Attamey
By
DODD
Attorney
District
Deputy
Boo

CALIFORNIANS AWARE
v.
LOS ANGELES COUNTY BOARD OF SUPERVISORS

EXHIBIT D

Petition for Writ of Mandate

___________________
2013-14 STATE LEGISLATIVE AGENDA
FIRST YEAR
_____________________________

STATE LEGISLATIVE AGENDA


ADDRESSING ISSUES OF MAJOR COUNTY INTEREST
2013-14 STATE LEGISLATIVE SESSION
TABLE OF CONTENTS

SECTION

PAGE

GENERAL STATE LEGISLATIVE PRINCIPLES............................................................................1


1. CHILDREN AND FAMILIES .......................................................................................................2
1.1 Child Welfare Services ................................................................................................ 2
1.2 Child Welfare Services Foster Care.......................................................................... 3
1.3 Child Care and Child Development.............................................................................. 5
2. ENVIRONMENT, NATURAL RESOURCES AND RECREATION .............................................5
2.1 Air Quality.................................................................................................................... 5
2.2 Beaches ...................................................................................................................... 6
2.3 Environmental Protection and Open Space ................................................................. 7
2.4 Parks ........................................................................................................................... 8
2.5 Watershed Management and Flood Control ................................................................ 9
2.6 Water Supply ............................................................................................................. 11
2.7 Recycling and Waste Reduction ................................................................................ 11
3. GENERAL GOVERNMENT ......................................................................................................13
3.1 Retirement, Compensation and Benefits, and Workers Compensation ..................... 13
3.2 Land Use Planning .................................................................................................... 14
3.3 Agricultural Commissioner/Weights and Measures.................................................... 16
3.4 Consumer Protection ................................................................................................. 17
3.5 Animal Care and Control ........................................................................................... 18
3.6 Child Support Administration ..................................................................................... 18
3.7 County Investment Practices ..................................................................................... 19
3.8 Local Agency Formation Commission ....................................................................... 19
3.9 Historic Preservation ................................................................................................. 20
3.10 Human Relations ..................................................................................................... 20
3.11 Library Services....................................................................................................... 20
3.12 Museums and Performing Arts ................................................................................ 21
3.13 Education ................................................................................................................ 21
3.14 Public Records ........................................................................................................ 21
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2013-2014 STATE LEGISLATIVE AGENDA

3.15 Redevelopment ....................................................................................................... 22


3.16 Elections and Voting ................................................................................................ 23
3.17 City Governance...................................................................................................... 23
3.18 Liability Protection and Mitigation............................................................................. 23
4. HEALTH ....................................................................................................................................24
4.1 Financing of the Safety Net ....................................................................................... 24
4.2 Emergency and Trauma Care ................................................................................... 25
4.3 Medi-Cal and Healthy Families .................................................................................. 26
4.4 Health Insurance and Coverage ................................................................................ 27
4.5 HIV/AIDS ................................................................................................................... 28
4.6 Public Health ............................................................................................................. 29
4.7 Alcohol and Drug ....................................................................................................... 32
4.8 Health Education and Training .................................................................................. 33
4.9 Womens Health ........................................................................................................ 34
4.10 Sexually Transmitted Diseases ............................................................................... 35
4.11 Implementation of Health Care Reform ................................................................... 35
4.12 Health Care Delivery System................................................................................... 36
4.13 Integrated Data Sharing .......................................................................................... 37
5. HOUSING AND COMMUNITY DEVELOPMENT .....................................................................37
6. JUSTICE AND PUBLIC SAFETY .............................................................................................39
6.1 General ..................................................................................................................... 39
6.2 Trial Court Funding .................................................................................................... 41
6.3 Crime Lab.................................................................................................................. 41
6.4 Emergency Management and Operations ................................................................. 41
6.5 Fire ............................................................................................................................ 42
6.6 Juvenile Justice ......................................................................................................... 42
6.7 Probation ................................................................................................................... 43
6.8 Disaster Preparedness .............................................................................................. 45
6.9 Traffic Violator School Monitoring Program ................................................................ 46
7. MAINTENANCE OF EFFORT/MANDATE RELIEF .................................................................46
8. MENTAL HEALTH ....................................................................................................................47
8.1 Residential Facility Safety ......................................................................................... 49
9. REVENUE AND TAXATION .....................................................................................................50
10. SOCIAL SERVICES................................................................................................................52
10.1 Reforming the Safety Net and Promoting Self-Sufficiency ....................................... 52

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2013-2014 STATE LEGISLATIVE AGENDA

10.2 CalWORKs .............................................................................................................. 53


10.3 Workforce Investment Act........................................................................................ 55
10.4 Citizenship and Legalization Assistance .................................................................. 55
10.5 Domestic Violence ................................................................................................... 55
10.6 In-Home Supportive Services .................................................................................. 56
10.7 Senior and Adult Services ....................................................................................... 56
10.8 Community Services Block Grant Funding .............................................................. 57
10.9 Veterans .................................................................................................................. 57
10.10 Service Delivery .................................................................................................... 57
10.11 Homelessness ....................................................................................................... 58
11. TRANSPORTATION ...............................................................................................................58
12. UTILITIES AND INFRASTRUCTURE ....................................................................................60
12.1 Energy ..................................................................................................................... 60
12.2 Telecommunications and Video Services ................................................................. 61
12.3 Construction Contracts ............................................................................................ 62

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2013-2014 STATE LEGISLATIVE AGENDA

GENERAL STATE LEGISLATIVE PRINCIPLES


The County will seek to maximize State revenues; full funding for the costs of State
programs; additional funding for programs where service needs have outpaced stagnant or
slow growing revenues; funding formulae which ensure an equitable allocation of State
funding; minimize the adverse impact of State actions; achieve greater flexibility over the
use of State funds; secure State assistance whenever possible, especially from non-General
Fund sources, to preserve the Countys property tax, sales tax, locally-imposed taxes or
fees, or Vehicle License Fee revenue base; oppose the shift of programs unless control is
also shifted and State funding is guaranteed; and to oppose new unfunded mandates unless
they promote a higher priority. The County also will:
1.

Oppose any legislation or regulation that would transfer to Los Angeles County or its
residents any costs or revenue losses incurred by another jurisdiction.

2.

Support or sponsor a constitutional amendment to reallocate to local school districts


the property tax revenue derived from State-assessed properties in exchange for
reallocation of non-Educational Revenue Augmentation Fund property tax revenues
derived from the local roll.

3.

Support proposals to restructure State and local service responsibilities if they:


create a nexus between authority, responsibility, accountability, and revenues;
promote program effectiveness and cost containment; and recognize the limited
fiscal capacity of counties by transferring sufficient revenue in the first and
subsequent years.

4.

Oppose legislation to change the definition of revenue neutrality in special


cases, unless other entities are protected from unintended legal precedents by
language narrowly justifying the need for special legislation.

5.

Support proposals that reduce the two-thirds vote requirement for increasing
revenues.

6.

Oppose legislation that would constitute State unfunded land use and general planrelated mandates on local governments.

7.

Oppose any abridgement or elimination of the Board of Supervisors powers and


duties unless the change promotes a higher priority of the Board.

8.

Support proposals to address the State budget shortfall for which the County would
be willing to assume a fair share of budget cuts if they are developed with the active
participation of the County in designing long-term solutions throughout the entire
budget process.

9.

Support proposals for constitutional amendments that guarantee secure, adequate


and permanent revenue and provide specific County protections for programs
transferred from the State to counties.

10.

Oppose the transfer of programs from the State to counties unless program control
and flexibility is also shifted and adequate State funding is guaranteed.

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2013-2014 STATE LEGISLATIVE AGENDA

1. CHILDREN AND FAMILIES


1.1 Child Welfare Services
1.

Support increased funding for family preservation programs.

2.

Support legislation to maintain the full Child Welfare Services allocation independent
of actual caseload for up to five years to cover the increased costs of implementing
new programs to improve outcomes for children by allowing them to remain safely at
home, shorten their length of stay in care and reduce re-abuse.

3.

Support proposals to ensure full funding for the Child Welfare Services Program,
including increased funding to cover all mandated services, pursuant to the SB 2030
(Chapter 785, Statutes of 1998) Workload Study and the fully loaded costs of a
social worker.

4.

Oppose proposals that would reduce protections for child welfare workers in the
legitimate exercise of their discretion in the performance of their duties, thereby
increasing liability to the County.

5.

Oppose unfunded mandates that do not enhance child safety or expedited


permanence.

6.

Support proposals to enhance adoptions by increasing funding for adoption activities


and post-adoption services, and expanding to out-of-state private adoption agencies
the payments currently authorized to California private adoption agencies for the
unreimbursed costs of placing children for adoption.

7.

Support funding of initial and forensic medical examinations in child abuse cases.

8.

Support funding for parenting programs aimed at teens and child care services for
teen parents.

9.

Support legislation that increases funding for the use of family group conferencing
and team decision-making to develop an individualized plan for the care of each
child.

10.

Support legislation to clarify that agencies providing services to a family may share
case information.

11.

Support legislation to streamline Dependency Court procedures while ensuring the


safety and best interests of children.

12.

Support proposals that simplify Welfare and Institutions Code Statutes regarding
notice of dependency hearings.

13.

Support proposals that promote collaboration between child welfare, parks and
recreation, and law enforcement agencies to enhance the Countys ability to
establish partnerships and develop programs that improve the quality of life for
children.

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2013-2014 STATE LEGISLATIVE AGENDA

14.

Support proposals to clarify and provide for social workers access to dependent
childrens medical, counseling, and education records.

15.

Support proposals to fund Child Welfare Services outcome improvements included in


the Countys Self-Improvement Plan, including Point of Engagement, the States
AB 636 (Chapter 678, Statutes of 2001) Outcomes and Accountability System and
the Federal Children and Family Services Review.

16.

Support proposals that increase the types of professionals required to report


suspected cases of child abuse.

17.

Support proposals that enhance and improve child safety.

18.

Support proposals to open Juvenile Court Dependency hearings to the public.

19.

Support proposals which expand and enhance the technology used by child welfare
agencies to improve child safety.

20.

Support legislation that develops or enhances programs and services for victims of
child sex trafficking.

1.2 Child Welfare Services Foster Care


1.

Support continued eligibility of immigrant foster children for Medi-Cal and Foster
Care funds.

2.

Support proposals to increase appropriate foster care resources by funding targeted


recruitment, review of existing foster care payment rates to ensure equity and
appropriateness, and professionalizing foster parenting.

3.

Support State reimbursement for the placement of dependent children who are
eligible for regional center services, in for-profit group homes, when a not-for-profit
facility is unavailable.

4.

Support proposals that would allow counties to secure increased Federal funds for
foster care and other services provided to abused and neglected children at no
increased net cost to the State General Fund.

5.

Support legislation and funding to allow the California Department of Social Services
Community Care Licensing Division and local government to make unannounced
visits to Foster Family Agency certified homes.

6.

Support efforts which enhance legal permanency for children in foster care by
promoting kinship adoption, enhancing Kin-GAP and supporting subsidized legal
guardianship without requiring the full array of ongoing court and Child Welfare
Services.

7.

Support legislation and funding to facilitate successful emancipation, promote


self-sufficiency and improve opportunities for youth aging out of foster care.

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2013-2014 STATE LEGISLATIVE AGENDA

8.

Support proposals which allow the sharing of information concerning family homes
certified by foster family agencies to prevent the licensure, approval and/or
re-certification of previously de-certified homes.

9.

Support proposals to simplify foster care program eligibility requirements.

10.

Support proposals to enhance permanency for children by streamlining and


consolidating the separate studies and criminal clearances that must be
administered to a caregiver for licensure, approval, and adoption.

11.

Support proposals and funding to ensure that the educational system appropriately
meets the educational needs of children in foster care, including improved
monitoring of non-public schools.

12.

Support proposals that provide and fund substance abuse treatment services for
children and parents in the Child Welfare Services system.

13.

Support proposals to shorten the timeframes to achieve permanence, including


expanding the courts authority to expedite permanency by limiting reunification
services on all children if the parent has failed to participate regularly and make
substantive progress in the case plan.

14.

Support proposals which allow flexibility in the use of funds to provide services to
families and caregivers to strengthen their parenting abilities and prevent the need
for placement, shorten the length of stay and reduce re-abuse.

15.

Support funding for proposals that would expand searches for relatives, provide
technical assistance and training so that permanent, lifelong connections for children
and youth of all ages can be achieved.

16.

Support proposals that achieve permanency for previously adopted children who
have returned to the foster care system as a result of an adoption disruption or the
death or incapacitation of an adoptive parent.

17.

Support proposals that reduce use of out-of-home placement because the best
interests of children are served when they can safely remain with their parents or
guardian.

18.

Support proposals that improve timelines for permanent placement of dependent


children to provide a safe, permanent family connection and promote emotional
health, well-being, and stability.

19.

Support proposals to secure credit reports for foster youth.

20.

Support proposals to fully fund Emancipated Youth Stipends and the Independent
Living Program.

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2013-2014 STATE LEGISLATIVE AGENDA

1.3 Child Care and Child Development


1.

Support efforts to enhance the quality of early care and education that set high
standards for all services and program types and address the needs of all children
including those with disabilities and other special needs, and their families.

2.

Support efforts to develop and implement a statewide quality rating and improvement
system and a system to adjust reimbursement rates based on demonstrated quality.

3.

Support efforts to develop and sustain a well-educated and highly skilled


professional workforce prepared to serve the cultural and linguistically diverse child
and family populations of Los Angeles County.

4.

Support efforts to ensure the health and safety of all children cared for in licensed
early care and education facilities as afforded by timely, regular, and frequent on-site
monitoring by the California Department of Social Services, Community Care
Licensing Division.

5.

Support efforts to adequately fund high-quality early care and education services for
all children from low- and moderate-income families.

6.

Support the streamlining of California Department of Education/Child Development


Division administrative processes to expand access for low-income families, ensure
continuity of care, and promote flexible use of early care and education funding to
meet the needs of families.

7.

Support efforts to expand the supply of appropriate early care and education
services by including these services in city and county general plans.

8.

Support proposals designed to prevent, detect, investigate and, when appropriate,


prosecute fraud in subsidized child care programs.

9.

Support efforts to ensure that vulnerable children and their families have access to
consistent, uninterrupted subsidized early care and education services.

2. ENVIRONMENT, NATURAL RESOURCES AND RECREATION


2.1 Air Quality
1.

Support proposals and/or funding to assist local governments to: 1) purchase zero
and/or near zero emission vehicles, including plug-in and hybrid vehicles, idle
reduction devices, electric vehicle charging infrastructure; 2) upgrade refueling
infrastructure; 3) make necessary facility improvements; and/or 4) convert vehicle
fleets to alternative fuels to enable the shift toward more fuel-efficient vehicles and
lower carbon fuels to reduce greenhouse gas emissions and help improve air quality;
and/or 5) extend the sunset dates of existing clean air and alternative fuels and
vehicle programs such as the AB 118 (Chapter 750, Statues of 2007) and the Carl
Moyer programs.

2.

Support funding to assist local government compliance with existing and pending
regulations to reduce emissions from both mobile and fixed sources.

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2013-2014 STATE LEGISLATIVE AGENDA

3.

Support measures to develop and increase the availability and use of alternative
fuels, and retrofit of existing generators and fleets.

4.

Oppose cuts in assistance to local government fuel emission reduction programs.

5.

Support measures that promote the development of cleaner burning fuels and other
feasible technologies that help meet Federal and State air quality standards.

6.

Support measures that allow for innovation and local flexibility in developing,
maintaining, and expanding cost-effective programs that increase vehicle ridership.

7.

Support legislation that provides increased funding for the reduction of particulate
matter emissions from on-road diesel vehicles and other diesel-powered equipment
such as backhoes, forklifts, air compressors, and large portable emergency
generators, independent of nitrous oxide emissions.

8.

Support proposals that provide authority to local and regional agencies to reduce
locomotive, railyard, port, and mobile source emissions.

9.

Support proposals that return a greater share of funds to local areas which generate
AB 2766 (Chapter 1705, Statutes of 1990) revenues, and provide greater flexibility to
local programs to comply with air quality rules and regulations.

10.

Support measures that require local air districts, through their On-Road Vehicle
Mitigation Options, to give credit for emission reduction to qualified employers whose
employees commute in plug-in hybrids and/or hybrid vehicles with a minimum
Federal Environmental Protection Agency rating of 40 or more miles per gallon (city).

11.

Support legislation that would allow public agencies to procure on-road, dieselelectric powered, hybrid vehicles to be deployed as fleet work vehicles.

12.

Oppose legislation that provides broad and categorical California Environmental


Quality Act exemptions for the South Coast Air Quality Management District with
respect to emission credits and the issuance of permits.

13.

Support legislation that provides narrow and tailored exemptions to immediately


allow essential public projects, hospitals, and historically exempted projects such as
small businesses to gain South Coast Air Quality Management District permits, and
emission credits.

2.2 Beaches
1.

Support measures that provide funding for beach erosion and accretion monitoring
and for beach sand replenishment, including full funding of the Public Beach
Restoration Act (Chapter 798, Statutes of 1999).

2.

Support funding to maintain clean beaches and improve the water quality of coastal
waters, estuaries, bays, and near shore waters.

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2013-2014 STATE LEGISLATIVE AGENDA

3.

Support funding for refurbishment and construction of restrooms, parking lots,


accessways, lifeguard and maintenance facilities, docks, landscaping and other
related beach and marina infrastructure on public beaches and at Marina del Rey.

4.

Support proposals to include beaches in the definition of parks for the purpose of
qualifying for park funding programs, if the beaches are in densely populated urban
areas and are used by large numbers of residents as if they were an urban park.

5.

Oppose legislation to provide the Coastal Commission additional discretion in


approving permits for construction of seawalls, revetments, breakwaters, groins,
harbor channels, or similar structures.

6.

Oppose legislation to establish an off-leash dog beach in Los Angeles County unless
it provides for State indemnification of the County and an appropriation to fund all
additional County costs associated with an off-leash dog beach program.

7.

Support legislation that provides for full funding for the local operation, maintenance,
management, planning, and development of State-owned beaches managed by the
County, such as Will Rogers State Beach and Dockweiler State Beach, securing an
equitable allocation of State funding for locally operated units of the State Park
System.

8.

Support proposals to fully preserve the California Department of Boating and


Waterways.

9.

Support legislation to extend concession lease terms on State-owned facilities,


including those which are under local control, when the concessionaire intends to
make an investment in the property or increase revenues to the State or local
operator.

10.

Support proposals to secure funding for grant programs and financial incentives for
green initiatives in marinas.

2.3 Environmental Protection and Open Space


1.

Support increased funding for environmental protection programs and capital


projects, including resource, open space, and shoreline protection, as well as
Santa Monica Bay and beach restoration.

2.

Support proposals to establish a statewide endowment fund to protect, restore, and


maintain natural resource areas, such as mountains, forests, beaches, park natural
areas, preserves, wildlife/wildflower sanctuaries, greenways, riparian corridors, trails,
and other natural environments containing ecological, geological, habitat, cultural,
recreational, and scenic value.

3.

Support proposals to streamline the permitting process and provide funding for the
control, removal and/or eradication of invasive species that negatively affect natural
landscape, open space areas, water quality, and water supply.

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2013-2014 STATE LEGISLATIVE AGENDA

4.

Support legislation to promote environmentally friendly programs that address


reasonable protection of resources such as pesticide use, care of trees, ecological
systems and open space, and use of gray and reclaimed water.

5.

Support measures to promote the preservation and restoration of Los Angeles


County mountain, bay, watershed, river, oak woodlands, and wetland areas.

6.

Support legislation that provides property tax credit for the recording of open space
and conservation easements on property.

7.

Support legislation to collect a fee of up to $6 upon the annual registration or renewal


of motor vehicle registrations to fund projects and grants that prevent, reduce,
remediate, or mitigate the adverse environmental effects of motor vehicles and their
associated facilities and other infrastructure improvement projects.

8.

Support legislation that would exempt routine maintenance and operation of existing
publicly owned facilities and temporary and emergency measures from Regional
Board permits, Streambed Alteration Agreements, State Fish and Game
requirements or other agencies permit processes as well as any compensatory
mitigation requirements of State agencies.

9.

Support legislation that streamlines the process and reduces the cost for acquiring
permits from State agencies for construction and maintenance projects and
emergency actions taken by public agencies.

10.

Support legislation that would enable the County to comply with various
environmental regulations, such as by minimizing the generation of pollutants at their
source.

11.

Sponsor or support legislation that would require the California Environmental


Protection Agency and its affiliated agencies (including but not limited to the
Department of Toxic Substances Control and the Regional Water Boards) to ensure
that consultants hired to conduct and complete State mandated contamination
investigations and related health assessments are independent from the identified
contaminating party or parties.

2.4 Parks
1.

Support proposals to fund for acquisition, development, and rehabilitation of parks


and recreation facilities and open space, and seek additional funding for the
establishment of new urban parks in the underserved areas of the County.

2.

Support legislation that provides for full funding for the local operation, maintenance,
management, planning and development of State-owned parks and open space
areas managed by the County, such as Castaic Lake State Recreation Area,
Kenneth Hahn State Recreation Area, and Placerita Canyon State Park, securing an
equitable allocation of State funding for locally-operated units of the State Park
System.

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2013-2014 STATE LEGISLATIVE AGENDA

3.

Support proposals to fund and promote partnering opportunities with social service
agencies and schools for youth programs, services, and facilities that incorporate
positive recreation alternatives and that provide employment opportunities for youth.

4.

Support legislation that promotes innovative programs that provide alternatives to


gang activity and encourage the employment of at-risk youth.

5.

Support proposals to fund or promote partnering opportunities with social service and
health agencies to increase healthy activities and exercise programs in parks for
youth and adults.

6.

Support proposals to fund after-school programs in park facilities and schools


operated by parks and recreation agencies, with special incentives and funding for
programs in identified high-crime areas.

7.

Support proposals which promote partnering opportunities with social and health
service agencies and allow park and recreation programs to be eligible for State
preventive health funding.

8.

Support proposals to fund the urban reforestation programs of the California


Department of Forestry and Fire Protection.

9.

Support proposals to fund State mandated fingerprinting of all park staff and
volunteers responsible for supervision of minors.

10.

Oppose legislation that would increase exposure to, or reduce immunities from,
governmental liability related to the ownership, construction, operation, or
maintenance of recreational facilities.

11.

Support proposals to fund for new and expanded programs that encourage all
children to participate in outdoor recreational activities and programs that involve
increased physical activity to address the obesity issue in our youth.

12.

Support proposals to fund programs at park facilities that build social connections
between parents and their community and to provide information about child
development and effective parenting strategies.

13.

Support legislation to authorize the appointment of a designee to the governing


board of the Baldwin Hills Conservancy to ensure the Countys interests are
represented.

2.5 Watershed Management and Flood Control


1.

Support proposals to fund grants for projects that link watershed management,
environmental restoration, recreation, open space, and beach improvements.

2.

Support proposals which promote environmentally-friendly flood control


improvements and projects, and do not diminish the performance of flood control
systems, and oppose legislation or State mandates that would reduce existing levels
of flood protection.

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2013-2014 STATE LEGISLATIVE AGENDA

3.

Oppose legislation that would grant cities the authority to set waste discharge
standards for separate municipal sewer systems.

4.

Support legislation to allow counties, flood control districts, and other public agencies
to implement stormwater fees, upon voter approval and/or consistent with the
requirements of Proposition 218 of 1996, to adequately fund clean water programs.

5.

Support proposals that provide public agencies and special districts with immunities
from liability to encourage development of multi-use watershed management,
environmental restoration, open space, and recreation projects within flood
protection and water conservation facilities.

6.

Support proposals that incorporate the principles of the Safe Harbor Program, as
established by the United States Fish and Wildlife Service, into the State Department
of Fish and Games Streambed Alteration Agreement for the development of
watershed management and water quality enhancement projects.

7.

Support proposals to fund river and stream education and interpretive facilities.

8.

Support proposals that promote a shared Federal, State and local funding formula to
pay for implementation of Total Maximum Daily Load and other storm water
requirements and development of sensible and logical water quality regulations
based on sound science and more reasonable enforcement of those regulations.

9.

Support legislation to fund the planning, construction, operation, and maintenance of


watershed, flood-risk management, or multi-use projects including integrated water
resource projects, and support legislation that would eliminate conflicting State
regulations that hinder integrated water and flood risk management.

10.

Support authorization and funding for the Los Angeles County Drainage Area
Project, as required by AB 1147 (Chapter 1071, Statutes of 2000).

11.

Support legislation that identifies financial incentives (such as no- or low-interest


loans, tax credits, etc.) to assist and encourage the hundreds of thousands of
California homeowners (rural, coastal and urban) who operate Onsite Wastewater
Treatment Systems (OWTS), to test and structurally upgrade, as determined, their
OWTS as required for compliance with AB 885 (Chapter 781, Statutes of 2000).

12.

Support proposals that provide funding for the evaluation of structural and hydraulic
conditions and rehabilitation of sewer infrastructure to reduce sanitary sewer
overflows and for the protection of surface and ground water supply.

13.

Support legislation that replaces outdated fecal bacteria indicator standards with
public health related standards for pathogen levels in regulated receiving waters;
applies the updated public health standards to monitoring activities; and provides
funding for the monitoring.

14.

Support proposals that prevent predatory flood insurance practices.

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2013-2014 STATE LEGISLATIVE AGENDA

2.6 Water Supply


1.

Support proposals to fund counties and other local agencies to treat groundwater for
the removal of arsenic, nutrients, salts, and other pollutants of concern to meet
United States Environmental Protection Agency and California Department of Health
Services standards.

2.

Support funding to reduce or mitigate the introduction of and implement the


aggressive removal of carcinogens, nutrients, salts, and other pollutants of concern
from drinking water in Los Angeles County.

3.

Support legislation
Los Angeles County.

4.

Support legislation to encourage water conservation and increase the efficiency of


water use.

5.

Oppose legislation that would create any requirements that impede the construction
of water facilities, or reduce the supply of non-imported water to improved and
developed areas.

6.

Support proposals to fund for the design and construction of recycled water systems
to reduce reliance on imported water and improve water supply reliability.

7.

Support legislation that would promote groundwater banking programs and facilitate
the regulatory approval process required for implementation of groundwater banking
programs.

8.

Support legislation to provide increased local government representation in the


California Department of Resources Recycling and Recovery.

9.

Oppose legislation that restricts the use of recycled water for groundwater basin
recharge or for any application, except direct potable reuse.

10.

Support legislation to increase the reliability of State and local water supplies with
appropriate infrastructure and equitable funding levels utilizing the following
principles: Local Water Reliability and Conservation, Protection and Improvement of
Water Quality, New Water Supplies, Conveyance and Storage, Equitable Allocation
Criteria for Regional Projects, Bond Funding and Appropriations consistent with other
County principles, and Delta Sustainability.

11.

Support legislation that would allow water purveyors to achieve water conservation
objectives.

12.

Support legislation that would provide funding for technology to improve the
efficiency of operation and maintenance of water supply systems.

to

improve

the

reliability

of

water

imported

into

2.7 Recycling and Waste Reduction


1.
Page 11

Support proposals that increase flexibility for local agencies to meet the waste
reduction goals of the California Integrated Waste Management Act.

2013-2014 STATE LEGISLATIVE AGENDA

2.

Support legislation which promotes the development of alternatives to landfills such


as conversion technologies that protect public health and safety and the
environment; clarifies the definition of conversion technologies; establishes a viable
permitting process for these alternatives based on performance standards rather
than prescriptive definitions; ensures alternatives to landfills qualify for renewable
energy production, landfill disposal reduction and reduced carbon fuels production
incentives; provides full diversion and greenhouse gas emission reduction credits for
these alternatives under applicable State law; and provides that all energy produced
by conversion technology facilities be designated as renewable energy.

3.

Support proposals to fund local governments for the environmentally safe


management of hazardous and electronic waste.

4.

Support legislation and funding to expand markets for diverted materials and support
measures for Recycling Market Development Zones.

5.

Support proposals that eliminate overlapping solid waste and recycling authority
between State agencies/departments, and establish greater multi-disciplinary
coordination of State environmental policies.

6.

Support legislation to place greater emphasis on waste diversion program


implementation, rather than relying primarily on quantity management, for the
purpose of determining a local governments compliance with mandates established
in the California Integrated Waste Management Act.

7.

Support legislation to provide increased local government representation on the


California Department of Resources Recycling and Recovery.

8.

Oppose legislation to eliminate diversion credits for the use of green waste as
alternative daily cover.

9.

Support legislation that would increase the use of recycled materials on highway
construction, repair projects, and other public works projects.

10.

Support legislation that would assist local governments in developing and enhancing
source reduction and recycling initiatives.

11.

Support legislation to conduct a comprehensive environmental life-cycle assessment


of waste management practices in California including waste reduction and recycling
as well as the impact of materials transported outside of the State.

12.

Support legislation that places greater emphasis on producer/manufacturer


responsibility for the environmental impact of their products and the waste that is
produced, and shifts end-of-life management and financial responsibilities from local
governments to producers, in order to reduce public costs and encourage
improvements in product design that promote environmental sustainability.

13.

Support legislation that provides or facilitates funding for and/or strengthens the
ability of local governments to prevent and remediate illegal dumping of trash and
rubbish, including open desert areas and vacant lands adjacent to low-income
communities.

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2013-2014 STATE LEGISLATIVE AGENDA

14.

Support legislation which would reduce the negative environmental impacts of single
use items, such as expanded polystyrene food containers by: 1) shifting the burden
of addressing those impacts away from residents and the County and toward the
manufacturers of those products; 2) promoting more sustainable alternatives to such
items; and 3) phasing out the use of those items on a statewide basis when
environmentally preferable alternatives are available.

15.

Support legislation which promotes market development and manufacturer


stewardship of environmentally friendly food packaging products.

16.

Support legislation which reduces the environmental impacts of single-use carryout


bags and decreases the financial burden on local governments to address those
impacts, including legislation which seeks to promote the use of reusable bags,
reduce the use of plastic or paper carryout bags, and/or increase at-store recycling of
carryout bags.

17.

Support legislation to amend the provision of AB 2449, Chapter 845, Statutes of


2006, (Section 42252(a) of the Public Resources Code) to also require an
environmental awareness message imprinted on each plastic carryout bag
describing the negative impacts littered plastic carryout bags have on the
environment and wildlife and the need to use reusable bags.

18.

Support legislation that would exempt soils from undeveloped watersheds, such as
lands in wilderness parks or open space properties, from testing requirements at
landfills and streamline the process for landfills to accept clean soil for cover
purposes or beneficial uses such as construction fill material for building roads.

19.

Oppose legislation which bans new hazardous materials from landfill disposal unless
the proposals also provide a funding mechanism and/or establish programs and
guidelines for local governments to manage the banned materials.

3. GENERAL GOVERNMENT
3.1 Retirement, Compensation and Benefits, and Workers Compensation
1.

Support or sponsor local option legislation to implement employee compensation or


benefit changes, as directed by the Board of Supervisors.

2.

Oppose legislation that mandates or authorizes compensation or benefit changes


without approval of the Board of Supervisors.

3.

Oppose legislation which would remove the Board of Supervisors control over
benefit increases or decreases in the Los Angeles County Retirement System that
increase County cost.

4.

Support legislation that promotes the timely provision of reasonable and necessary
medical care and workers compensation benefits while opposing legislation that
erodes reforms accomplished by FY 2003-04 and FY 2011-12
workers
compensation reform legislation and oppose legislation that increases workers'
compensation benefits unless it maintains a fair and equitable balance for employers
and employees within the reforms previously adopted by the Legislature.

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2013-2014 STATE LEGISLATIVE AGENDA

5.

Support workers compensation reform proposals that align public sector workers
compensation benefits with private sector benefits to the greatest extent practical.

6.

Oppose legislation that mandates eligibility of additional employees for safety


workers' compensation benefits or safety retirement benefit provisions.

7.

Oppose legislation that expands existing or creates new presumptions related to


injuries, illnesses, diseases, or physical conditions and that can be claimed as jobrelated for workers compensation or service-connected disability retirement.

8.

Oppose legislation that eliminates current requirements that employees demonstrate


on-the-job exposure in order to qualify for workers compensation or serviceconnected disability retirement benefits.

9.

Support proposals to clarify the rights and responsibilities of the County to pay
Advanced Disability Pension Benefits to safety members to ensure that all
appropriate County costs are reimbursed.

10.

Support legislation to fund the Public Interest Attorney Loan Repayment Program to
assist in the recruitment and retention of public defenders and prosecutors, or any
other student loan repayment assistance or forgiveness legislation which promotes
the recruitment and retention of public defenders and prosecutors.

11.

Support legislation to eliminate billing fraud or abuses of the workers compensation


system.

12.

Support legislation to authorize local governments to implement retirement changes


which may include: 1) a limitation on bonuses and other extraordinary pay such as
overtime which may be included in pensionable income; 2) a revision of final
compensation for purposes of calculating a retirees pension from the highest one
year to the average of the highest three years; 3) changes to retiree health plans to
enable the County to adjust the design of the health plans to assist in controlling
costs; and 4) coordination of benefits between disability retirement and workers
compensation permanent disability to prevent overlapping payments for the same
disability.

13.

Support pension reform changes and/or improvements that allow the County to
recruit and retain highly-specialized personnel to provide critical health, mental
health, legal, and other specialized services for County residents.

14.

Support legislation allowing a public jurisdiction to terminate LC 4850, special work


leave benefits for safety personnel, and authorize disability pension benefits when
clear and convincing evidence exists that an employees work-related disability will
preclude the worker from ever returning to the performance of his or her duties.

3.2 Land Use Planning


1.

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Oppose legislation that infringes upon county board of supervisors local land use
decision-making authority.

2013-2014 STATE LEGISLATIVE AGENDA

2.

Support proposals to impose liens on non-owner occupied properties to recover


costs associated with code compliance enforcement.

3.

Oppose legislation that imposes financial penalties on local governments for


implementing zoning regulations that reduce the value of affected private properties.

4.

Support legislation that promotes the development of housing sites near public
transit hubs, discourages sprawl, or promotes urban design that encourages safe
walking and cycling routes to commercial districts and schools if financed by a
mutually agreed upon funding mechanism.

5.

Support legislation to correct inequities in the California Coastal Act which currently
require coastal county approvals of coastal development permits for uses that are
not the principal permitted use specified for a county zone, be subject to
appeals to the California Coastal Commission, but do not require the same of
similarly-approved coastal development approvals by coastal cities.

6.

Support legislation which subjects sober-living homes to local zoning regulations.

7.

Support proposals to require the State to disclose how it computes the Regional
Housing Needs Assessment allocations including how local information is used in
these calculations.

8.

Oppose legislation that requires the eligibility criteria for competitive affordable
housing grants to include meeting the local jurisdictions Regional Housing Needs
Assessment (RHNA) allocation goal because the State has not disclosed how RHNA
is calculated or how local information is used in these calculations.

9.

Support proposals that provide builders and/or developers incentives to incorporate


Universal Design/Visitability features which insure safe, easy access into all housing
including new or converted dwellings or multifamily units for all persons, regardless
of age or physical disability.

10.

Support proposals to fund counties and other local agencies for outreach programs
to educate communities on how to integrate sustainable and water efficiency
elements into development and renovation projects.

11.

Support proposals to monitor regulatory proceedings initiated by AB 32 (Chapter


488, Statutes of 2006), SB 97 (Chapter 185, Statutes of 2007), and SB 375 (Chapter
728, Statutes of 2008) and advocate for regulations that would: 1) preserve the
Countys flexibility in making California Environmental Quality Act determinations;
and 2) incentivize actions by the County and other local governments to reduce
greenhouse gas emissions and meet AB 32 mandates both through their operations
and their regulatory authority.

12.

Oppose legislation that would grant the proposed City of Industry Football Stadium
and Entertainment Complex an exemption from requirements of the California
Environmental Quality Act.

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2013-2014 STATE LEGISLATIVE AGENDA

13.

Support legislation that provides urban counties with the same authority that cities
have under current law to exempt infill projects from the California Environmental
Quality Act, as long as those projects meet the additional requirement that they are
located within a locally-designated Transit Oriented Development district, or are
within one-half mile of a fixed rail transit station.

14.

Support legislation that provides expedited judicial review processes, similar to those
provided in SB 292 (Chapter 353, Statutes of 2011), for the development of projects
that provide vital public services, including hospitals, health clinics, fire and
police/sheriff stations, communication facilities/systems, libraries, schools,
transportation projects, and other vital government capital projects in the County that
serve the public interest, as well as commercial, sports, cultural, recreational, and
clean energy projects.

3.3 Agricultural Commissioner/Weights and Measures


1.

Support proposals to increase State and industry funding for detection, exclusion,
and eradication of pests, the Preventive (sterile) Release Program for Mediterranean
Fruit Fly and other invasive pests, and inspection of nursery plants and products.

2.

Support proposals to increase State and industry funding to improve the program to
inspect and certify farmers markets, and to effectively regulate producers
participating in certified farmers markets.

3.

Support proposals to increase funding for the management of established pests,


including invasive weeds, insects and vertebrates, and research to develop resistant
plant varieties for established diseases such as Pierces Disease and Sudden Oak
Death.

4.

Support increased funding to regulate economic poisons (pesticides) to protect food


and fiber crops, and ornamental landscape to ensure the safety of workers and the
public, and to protect the quality of the environment.

5.

Support proposals which strengthen the compliance of the structural fumigation


industry in the safe handling of registered fumigants, and promote the safe use and
handling of pesticides among workers and the general public.

6.

Support proposals that increase the allocation of unclaimed refunded gas tax
revenues generated from farming and horticultural activities to counties for use by
county agricultural commissioners to provide services to support regulatory oversight
of agricultural producers and to enhance local programs related to agriculture.

7.

Oppose legislation that impedes the control of rodents, invasive species, and
enforcement of pesticide use laws and regulations.

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2013-2014 STATE LEGISLATIVE AGENDA

3.4 Consumer Protection


1.

Support legislation to protect consumers by providing increased and more reliable


product quantity and price information to facilitate value comparisons and transaction
accuracy in sales or purchases of any commodities or materials according to weight,
measure or count.

2.

Support legislation to exempt weights and measures regulatory vehicles from


hazardous materials regulations, provided such vehicles do not enter public
roadways when carrying such materials.

3.

Support legislation to prohibit products recalled or banned by the


United States Consumer Products Safety Commission from being resold in thrift
shops, flea markets, and/or used in child care facilities.

4.

Support proposals which allow for the Countys full recovery of costs related to
enforcement of laws governing commercial weighing and measuring device
accuracy, packaging and sales of commodities, the quality of motor vehicle fuels,
and the accuracy of prices charged in retail transactions.

5.

Support proposals that provide funding to the County Sealer for inspections of
recycling centers to ensure citizens receive full value for their redeemed beverage
containers.

6.

Support proposals that promote effective price verification inspections by enhancing


funding and encouraging investigations focusing on problem pricing areas and
practices.

7.

Support proposals that maintain or increase funding for the Dispute Resolution
Program.

8.

Support proposals to allow or grant local governments the right to adopt local
consumer protection standards and enforcement mechanisms.

9.

Oppose measures that expand commercial use of individual medical records for
direct marketing or promotional purposes since this is not only an invasion of
patients medical privacy and implied confidentiality, but it may also disclose their
private health, medical, and diagnostic information without their permission.

10.

Support legislation to enhance the Countys existing Homeowner Notification


Program to include the notification and application of a surcharge when notices of
default or sale are recorded to inform property owners and lawful occupants of the
property of real estate fraud protection and foreclosure prevention options.

11.

Oppose legislation that exempts any commercially-used weighing or measuring


device, packaged commodity, petroleum product, automated retail checkout system
or business transactional operation from laws and regulations applicable to these
items under Weights and Measures regulatory activities.

12.

Support proposals that protect consumers from debt collectors and debt buyers who
engage in unfair and abusive debt collection practices and litigation.

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2013-2014 STATE LEGISLATIVE AGENDA

13.

Support proposals that maintain or increase funding for the Small Claims Advisor
Program and simplify the small claims filing process for individual consumers and
small businesses.

14.

Support proposals to strengthen consumer protections with regard to business filings


requirements by establishing stricter registration requirements for process servers.

3.5 Animal Care and Control


1.

Support legislation to reimburse local governments for the cost of complying with
State regulations regarding the impoundment, treatment, care and housing of all
stray and owner-surrendered domestic animals at public animal shelters.

3.6 Child Support Administration


1.

Support legislation to allow counties to relinquish all responsibility for the local child
support program to the State, should the State fail to adequately fund the program.

2.

Support proposals to fully fund county child support collection program costs.

3.

Support proposals that would hold counties harmless for any error or omission on
the part of the State, including failure to meet collection standards.

4.

Oppose proposals to hold counties responsible for paying Federal penalties.

5.

Support legislation to improve collection of child support orders including:

Page 18

a.

Proposals that seek to base a child support order contained in a default


judgment on the payor-parents actual income, rather than presume, in the
absence of proof of the payor-parents income, that the payor-parent works
40 hours per week earning minimum wage.

b.

Proposals that seek to enable local child support agencies to collect child
support from non-traditional sources of income such as gaming proceeds
paid to parents who owe past-due child support. This would allow the
Department of Child Support Services to collect more child support for
children and families.

c.

Proposals to further adjust the mandatory statewide child support guideline


for low-income parents.

d.

Proposals to increase collections by developing data matches between


counties and local child support agencies, including data matches for
individuals that contract with or receive a license or permit from a county, to
the extent the information is public, which would yield specific information
enabling the local child support agency to locate the assets of more parents
who owe child support and collect more child support for children and
families.

e.

Proposals to eliminate the accrual of interest on past-due child support


payments in order to make child support arrearages more manageable.

2013-2014 STATE LEGISLATIVE AGENDA

3.7 County Investment Practices


1.

Support measures which propose reasonable changes to local investment practices


to protect public funds, and oppose measures which unnecessarily restrict the ability
of local agencies to invest prudently and optimize investment returns.

2.

Oppose measures which repeal the authority of counties to issue bond financing or
other debt when viable and feasible, or which limit counties ability to issue debt to
refund outstanding bonds to reduce the cost of borrowing.

3.

Support proposals that authorize the County to issue bonds to securitize loans, such
as property tax revenues pursuant to Proposition 1A of 2004, which the State
borrows from local governments.

3.8 Local Agency Formation Commission


1.

Support legislation that ensures the revenue neutrality of local reorganizations


provided that it:
a. Does not change statutes covering Local Agency Formation Commission
(LAFCO) proceedings regarding special reorganizations filed before January
1, 2000.
b. Is not retroactive to incorporations that took place before the effective date of
the legislation enacting the change.
c. Ensures that one element of the cost of services to be assumed by the
incorporating entity shall be the cost of those services provided within the
area by the State which will, subsequent to incorporation, be provided by the
incorporating entity.
d. Ensures that the State will maintain revenue neutrality by transferring to the
incorporating entity ongoing State revenue equal to the States prior cost of
providing those services.
e. Does not increase the duties and responsibilities of LAFCO or dictate
expenditures for services without providing reimbursement through fees or
from State sources.
f.

Provides that in calculating the cost of service responsibilities being


transferred in a reorganization, the LAFCO shall not consider those services
funded from sources that were voter-approved or that, if re-enacted, would be
subject to the provisions of Articles XIII C and D of the State Constitution.

g. Does not increase the fiscal liability of the County in annexations and
incorporations.
h. Requires the appropriate transfer of Regional Housing Needs Allocation
(RHNA) for annexations and incorporations; requires the submission of
RHNA transfers as a part of the application for consideration of an annexation
proposal by the LAFCO; and provides clarification for calculating the
appropriate RHNA transfer.
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2013-2014 STATE LEGISLATIVE AGENDA

2.

Oppose legislation that requires LAFCO to review and make recommendations on


urban expansion projects in outlying areas for efficient and adequate extensions of
urban level infrastructure and services.

3.9 Historic Preservation


1.

Support legislation for the funding and development of the El Pueblo Cultural and
Performing Arts Center on the County-owned properties known as the Antique
Block.

2.

Support proposals to fund the protection, preservation, and enhancement of


historical areas under County ownership or control and for State-owned sites within
the County.

3.

Support legislation that would maintain the survey monument preservation fund to
pay for the necessary expenses incurred or authorized by the county surveyor to
properly perform and maintain monument surveys of major historical land division
lines.

3.10 Human Relations


1.

Support legislation that addresses and combats discrimination based on age,


disability, disease status, gender identity, language, immigration status, national
origin, race, religion, sex, sexual orientation, or other protected characteristics.

2.

Support legislation to reduce hate crimes, increase human relations education and
training, and increase communities' capacity to address intergroup relations issues in
a positive way.

3.11 Library Services


1.

Support proposals to fully fund the Public Library Foundation Program.

2.

Support proposals to restore library district property taxes.

3.

Support proposals that provide State bond financing for public library construction
and renovation.

4.

Support proposals to maintain funding for the Transaction Based Reimbursement


Program administered by the California State Library and encourage universal
borrowing among library jurisdictions in California.

5.

Support legislation that would dedicate one-half of one percent of Proposition 98 of


1988 monies to public libraries.

6.

Support proposals to maintain the California Teleconnect Fund (CTF) and oppose
measures that link CTF discounts to participation in the Federal E-rate Discount
Program.

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2013-2014 STATE LEGISLATIVE AGENDA

7.

Support proposals that fund or provide access to financial literacy materials in


community-based organizations, consumer counseling organizations, educational
institutions, government, and financial institutions.

3.12 Museums and Performing Arts


1.

Support measures which provide increased State funding for the arts and museums,
including construction/renovation of regional cultural facilities.

2.

Support proposals to fund the Grand Avenue Project.

3.13 Education
1.

Support proposals to fund for school crossing guards provided by counties.

2.

Support legislation to require school districts to establish a process in which the


parent or guardian of a student commits in a written agreement or compact to assist
and cooperate in the education of that student.

3.

Support proposals to fund the California Subject Matter Projects, which includes the
California Arts Projects.

4.

Support proposals which would expand the role of arts education in public schools
through the inclusion of arts as a core subject, the development of arts textbooks,
and an increase in arts educators.

5.

Support proposals that allocate special education funds in a manner that accurately
reflects the needs of children in the County.

6.

Support proposals to maintain or increase State funding for arts education.

7.

Support proposals which address the accountability of school districts in developing,


implementing and evaluating arts education.

3.14 Public Records


1.

Oppose legislation that imposes unreasonable burdens or creates unfunded


mandates to provide access to records, information managed and maintained by
County agencies.

2.

Support legislation that makes the economic disclosure and conflict of interest
provisions of the Political Reform Act more efficient and less burdensome to
administer, while furthering the purposes of the Act.

3.

Support legislation that will provide State funding for the development of County
Records Management and Archival Programs.

4.

Support legislation to increase compliance in the filing of a Statement of Economic


Interest (Form 700).

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2013-2014 STATE LEGISLATIVE AGENDA

5.

Sponsor or support legislation that would amend the Brown Act to authorize the
Governor to meet in executive session with the Board of Supervisors on matters
posing a threat to the security of public buildings or essential public services.

3.15 Redevelopment
1.

Support legislation which continues or extends the redevelopment law reforms


accomplished in the Community Redevelopment Reform Act (AB 1290 - Chapter
942, Statutes of 1993), and oppose any redevelopment legislation which would
cause the County to lose revenues or which would limit or repeal the provisions of
AB 1290.

2.

Support measures to strengthen the blight findings requirement to prevent


redevelopment abuse.

3.

Support proposals to protect both statutory and negotiated pass-through payments,


as well as all other funds allocated to taxing entities for the duration of the
redevelopment wind-down process pursuant to ABx1 26 (Chapter 5, Statutes of
2011) and AB 1484 (Chapter 26, Statutes of 2012), and oppose proposals that would
eliminate or reduce any pass-through payments, or eliminate or reduce or delay the
flow of any other source of funds allocated to taxing entities by ABx1 26 as amended
by AB 1484, before redevelopment successor agencies retire or pay off all debts,
dispose of all remaining assets, and/or terminate their existence.

4.

Support extension of review periods to allow counties and other affected parties
adequate time to analyze the validity and impact of proposed redevelopment
projects.

5.

Support measures to close loopholes that allow agencies to extend the life of
projects beyond the statutory time frames established in the Community
Redevelopment Reform Act.

6.

Support legislation that will provide State funding for rehabilitation of main street
business districts.

7.

Support legislation that will preserve, expand and extend designations for the State
Enterprise Zone Program for urban areas and will protect the Countys fiscal base
and revenues.

8.

Support proposals which facilitate the successful implementation of the requirements


and goals of ABx1 26 (Chapter 5, Statutes of 2011) and AB 1484 (Chapter 26,
Statutes of 2012).

9.

Oppose proposals that eliminate the Countys authority over the use of tax increment
or its ability to determine its role in the formation of and participation in infrastructure
financing districts, redevelopment agencies, joint powers authorities, or other similar
entities.

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2013-2014 STATE LEGISLATIVE AGENDA

10.

Support proposals that make a countys or a local housing authoritys participation in


any redevelopment project or program subject to local approval, and support
proposals which would allow a local housing authority to transfer housing functions
previously performed by a former redevelopment agency to the California
Department of Housing and Community Development.

3.16 Elections and Voting


1.

Support proposals to provide County reimbursement for the costs incurred in


conducting special elections to fill vacancies in State and Federal offices.

2.

Support legislation to require the Secretary of State to issue voting system guidelines
and test specifications for approval of new voting systems.

3.

Support legislation to allow Los Angeles County to develop and/or acquire a voting
system on a pilot basis.

4.

Support legislation to provide constituents access to their vital records via an


electronic identification process.

5.

Sponsor or support legislation to expand board of supervisors authority to deny


statewide election consolidation to cases where there is reasonable cause for
concern regarding the proper administration of an additional election, including legal
and financial considerations.

6.

Support legislation to improve and/or clarify the challenge process for Vote by Mail
ballots and strengthen voter protections.

3.17 City Governance


1.

Support legislation to specify that no more than ten percent of a charter citys owned
or controlled housing could be occupied by city employees or individuals with a
conflict of interest; and allow a county or its community development commission to
competitively bid housing units for charter cities.

2.

Support legislation which will allow all options to ultimately be considered for the
future governance of the City of Vernon, including remaining disincorporated, or
annexation to another municipality.

3.18 Liability Protection and Mitigation


1.

Support proposals to mitigate the effects of joint and several liability upon public
entities by limiting liability to any party to be responsible for their own proportion of
damages.

2.

Support proposals to strengthen the statutory immunities associated with the


operation of public infrastructure such as immunities under Government Code
Section 830 et seq.

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2013-2014 STATE LEGISLATIVE AGENDA

3.

Support proposals that limit post judgment interest and/or that provide public entities
with flexibility in paying judgments over time.

4.

Support proposals to mitigate the effects of liability upon public entities by applying
the Doctrine of Comparative Fault to inverse condemnation actions.

4. HEALTH
4.1 Financing of the Safety Net
1.

Support, through a coalition with other counties and providers, a dependable, longterm funding source for the health care safety net.

2.

Support legislation that promotes the fair and equitable distribution of Safety Net
Care Pool dollars between public and private hospitals.

3.

Support proposals that provide funding for indigent care in place of those that have
been eliminated, such as the California Healthcare for Indigents Program.

4.

Support legislative or administrative changes to allow the Department of Health


Services access to financial information records of patients(e.g., State Franchise Tax
Board, Department of Motor Vehicles, etc.) which would facilitate identification and
verification of patient financial resources.

5.

Support legislation to permit counties to assert and collect on liens for health care
costs of patients who receive a monetary award from a lawsuit settlement or
compromise rather than from a judgment.

6.

Support proposals to expand the use of intergovernmental transfers, health provider


fees, and other allowable methods to increase net Federal Medicaid and State
Children's Health Insurance Program (SCHIP) matching payments to California and
health providers like the County at no cost to the State General Fund.

7.

Support legislation to allow the use of State capital improvement funds for County
facility capital projects, including clinics and other public health facilities, while
preserving the option to revise and/or expand a projects scope at the Countys
discretion.

8.

Support proposals to assist hospitals to meet the SB 1953 (Chapter 740, Statutes of
1994) seismic safety requirements.

9.

Support funding to promote/market the availability of County health care services.

10.

Support proposals to fund technology infrastructure in public hospitals and health


systems, including electronic health records.

11.

Support proposals to improve the Medi-Cal Treatment Authorization Request (TAR)


process, including, but not limited to, the sufficient staffing and automation of TAR
field office operations, the expansion of cases that do not require a TAR, and new
methodologies consistent with Medicare.

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2013-2014 STATE LEGISLATIVE AGENDA

12.

Support proposals to conform State formulae for calculating individual share of costs
and low-income eligibility in the Medicare Part D prescription drug program to
adequate cost of living levels in Los Angeles County.

13.

Oppose measures that would establish unnecessary requirements that would be a


burden to public hospitals, such as: 1) mandating inflexible hospital staffing ratios;
2) community benefits reporting; 3) mandatory placement of medical parolees; and
4) Eight-hour written notice to employees who work overtime.

14.

Support proposals which provide funding for the new Martin Luther King, Jr. Hospital.

15.

Support proposals to preserve the 1991 Realignment Health funding for counties to
support indigent health care and other services.

4.2 Emergency and Trauma Care


1.

Reaffirm the Countys commitment to the trauma care system in Los Angeles County
and continue to work with the statewide coalition to seek a continuation of State
funding for trauma centers.

2.

Support proposals to provide permanent, stable funding for the Countys public and
private emergency and trauma care system, including fees on alcohol consumption.

3.

Support the continuation of the States Emergency Medical Services (EMS) Agency
as an independent entity, and oppose efforts to consolidate the Agency with other
State departments.

4.

Support proposals that improve the efficiency and effectiveness of emergency and
trauma care services through the diversion of low acuity patients to more appropriate
settings of care.

5.

Support proposals that would allow fire departments that provide advanced life
support services to restock drug supplies directly from private pharmacies.

6.

Support proposals that promote the development of a statewide trauma care system
to provide a more comprehensive and coordinated system and more effective
response in the event of a disaster.

7.

Oppose proposals that reduce county medical control over local EMS providers
through the Local EMS Agency, such as prior legislative attempts to reduce county
authority over medical control of EMS providers by moving it to cities or the State,
which has the potential to fragment the system and allow different levels of service,
including patient care, within a county.

8.

Oppose legislation to centralize EMS policymaking authority with the State or that
would allow the State to impose fiscal penalties on counties if local policies are
determined to be inconsistent with those issued by the State EMS Authority.

9.

Support proposals to allow sheriff and fire departments to receive reimbursement for
helicopter search and rescue efforts.

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2013-2014 STATE LEGISLATIVE AGENDA

10.

Oppose proposals which would reduce local authority regarding disciplinary actions
for licensed emergency medical services personnel.

4.3 Medi-Cal and Healthy Families


1.

Support proposals that reduce the number of uninsured persons, and expand MediCal coverage to low-income persons such as In-Home Supportive Services workers
and juveniles within county probation systems.

2.

Support proposals to simplify Medi-Cal eligibility rules, application, and redetermination processes to increase and expedite enrollment and promote retention,
including presumptive eligibility, and elimination of financial barriers.

3.

Support proposals to increase funding of Medi-Cal outreach, enrollment, required


documentation procurement, and retention activities.

4.

Support proposals to allow counties and school districts to provide the State
matching component and exercise the Federal waiver option to: 1) purchase family
coverage; and/or 2) establish a cost-effective alternative using a community-based
health delivery system.

5.

Support proposals to allow counties to use Healthy Families funds to provide a


continuum of mental health and public health nursing services for children in the
publics care.

6.

Support the States pursuit of a Healthy Families waiver for family coverage where it
is cost-effective and does not crown out other health insurance coverage.

7.

Support proposals to continue State funding for prenatal services to undocumented


women.

8.

Support proposals to expand the substance abuse benefit for children and parents.

9.

Support proposals to provide sufficient State matching funds for the expansion of
eligibility and/or increased provider payment rates so that the State will use its entire
SCHIP allotment, which under Federal law, much be expended within three years.

10.

Support proposals to simplify and expand Medi-Cal Program eligibility, such as by


increasing income and asset eligibility levels and enabling more disabled persons to
qualify (or alternatively, by expanding the definition of disability).

11.

Support proposals to increase the Medi-Cal Maintenance Need Income Level to a


minimum 100 percent of the Federal Poverty Level (FPL), and require the State to
annually adjust the Medi-Cal Maintenance Need Income Level when the FPL is
adjusted.

12.

Support proposals to continue 100 percent cost-based reimbursement for Federally


Qualified Health Centers.

13.

Support proposals to assist to local programs that combat Medi-Cal fraud.

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2013-2014 STATE LEGISLATIVE AGENDA

14.

Support proposals to expand local and statewide efforts to fund childrens health
coverage programs with the goal of universal health coverage for all children in the
State of California.

15.

Support proposals to allow women to utilize their full-scope no-cost Medi-Cal


coverage for two years post-partum.

16.

Support proposals to provide State funding for costs associated with implementation
of the Deficit Reduction Act Citizenship/Identity Verification.

17.

Support proposals allowing seniors and persons with disabilities continuance of their
choice to maintain fee-for-service Medi-Cal.

18.

Support proposals to align Medi-Cal reimbursement rates for providers and hospitals
in medically underserved areas in Southern California with Northern California
Medi-Cal reimbursement rates.

19.

Support proposals that allow counties and school districts to continue to match funds
to obtain Federal reimbursement of costs involving Medi-Cal Administrative
Activities, which would allow the County and school districts to continue to recover
costs associated with Medi-Cal enrollments, and allow the County to continue to offer
Medi-Cal enrollment assistance to uninsured low-income families.

4.4 Health Insurance and Coverage


1.

Support proposals to require public and private insurers to offer full coverage for all
health services, including prenatal and perinatal care and support; contraceptives;
childhood, adolescent, and adult immunizations; and screening for diabetes;
hypertension; cervical and breast cancer; Human Immunodeficiency Virus (HIV);
Acquired Immune Deficiency Syndrome (AIDS); Sexually Transmitted Diseases;
substance abuse; mental health; and behavioral health treatment for persons with
autism.

2.

Support proposals to provide incentives for small businesses to offer quality health
coverage for employees and their dependents, such as allowing small businesses to
use both public and private purchasing pools on a regional or county level.

3.

Support proposals to increase funding to develop demonstration projects within


small businesses to increase enrollment in existing health insurance coverage
programs.

4.

Support proposals to enhance access to prescription drugs, durable medical


equipment and immunizations for low- and moderate-income uninsured persons.

5.

Support measures to reduce the time to one year in which health insurance coverage
cancellation must be determined.

6.

Support measures which provide that health insurance coverage is established upon
the date of receipt of an application or receipt of the first premium payment.

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2013-2014 STATE LEGISLATIVE AGENDA

7.

Support measures which require that cancellation of commercial health insurance


coverage must be prior to any authorization of services.

8.

Support measures which would require the California Department of Managed


Health Care to review actuarial studies for any and all health insurance rate
increases to ensure that the study was appropriately performed by a qualified
actuarial firm.

9.

Support measures which require that changes to health care plans must be made
within one year unless those changes apply to everyone in the insured population or
are required by law or regulation.

10.

Support measures that require health insurance companies to prove intentional


omissions by an applicant to cancel coverage, and that require cancellations to
correlate between any prior and present medical conditions for which treatment is
needed.

11.

Support proposals to develop and implement solutions to improve health care access
in medically underserved communities within the State, including proposals to
provide funding and other incentives for health care providers, hospitals, and clinics
to serve medically underserved areas.

12.

Support proposals that provide funding to increase income eligibility limits for the
California Childrens Services Program, and exempt counties from additional
expenditures resulting from such an expansion of eligibility.

13.

Oppose legislation that would revise the Medical Injury Compensation Reform Act to
impede access, increase health care costs, and/or divert health care dollars from
patient care.

14.

Support proposals that extend Medi-Cal eligibility to individuals who meet the
definition of a frequent user of health services and who meet income
requirements for the existing Medi-Cal medically needy program, which would result
in less costly treatment and a healthier outcome for patients who repeatedly use
emergency rooms for medical crisis.

15.

Support proposals to restore and protect funding for Adult Day Health Care programs
and/or suitable alternatives.

16.

Sponsor or support legislation to extend the sunset date to provide exemptions from
licensing requirements for out-of-state health care practitioners to provide short-term,
in-state volunteer medical and dental services.

4.5 HIV/AIDS
1.

Support proposals to allow the continuation and review of the AIDS Drug Assistance
Program to ensure the provision of an uninterrupted supply of medications and the
preservation of savings obtained through drug rebates.

2.

Support proposals and increased funding for the provision of comprehensive care
and treatment services and bio-medical research for people living with HIV/AIDS.

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2013-2014 STATE LEGISLATIVE AGENDA

3.

Support proposals to promote HIV/AIDS policy in State correctional and


incarceration facilities consistent with accepted public health standards, and upgrade
and expand HIV counseling, testing, prevention, education, outreach, care,
treatment, and transitional services for prisoners living with HIV/AIDS.

4.

Support proposals to mitigate losses of Federal funding for HIV/AIDS services with
State budgetary appropriations.

5.

Support proposals and increased funding for the provision of comprehensive


HIV counseling, testing, education, outreach, research, and social marketing
programs.

6.

Support regulatory or legislative changes to residential care facility law and


regulation to enhance the provision of services to special populations, such as HIV
clients, in residential settings.

7.

Sponsor or support legislation to allow HIV testing of infants up to one year of age
who are placed in foster care.

4.6 Public Health


1.

Support measures that provide funding to strengthen the ability of the public health
system to detect and respond to natural, as well as man-made disasters, including
acts of terrorism.

2.

Support proposals to increase funding for public health activities including: chronic
disease prevention (such as asthma, heart disease, cancer, obesity, and diabetes),
acute and chronic communicable disease control, immunizations, tuberculosis,
sexually transmitted disease control, veterinary public health and rabies control,
public health laboratory, maternal and child health, family planning, childhood lead
poisoning prevention, injury and violence prevention, food safety and nutrition, and
emergency preparedness and response.

3.

Support legislation to require school districts and public park agencies to inspect
their facilities on a regular basis for lead paint, report their findings to County health
offices, and comply with requirements set by State and County childhood lead
abatement programs.

4.

Support proposals to require hospitals and non-acute health care facilities to have a
written infection-control program; establish a statewide system for public disclosure
of information on healthcare-associated infections in a manner that would assist
consumers in making healthcare choices; and require health care associated
infections data to be made available to the local health department jurisdiction where
facilities are located.

5.

Support legislation to protect and improve drinking water supplies, recreational


waters and fish and game ecosystems by utilizing evidence-based approaches.

6.

Support legislation to provide for the safe disposal of all waste materials, especially
low-level radioactive waste, by utilizing evidence-based approaches.

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2013-2014 STATE LEGISLATIVE AGENDA

7.

Support legislation that enhances food safety programs and regulations.

8.

Support legislation that preserves and enhances housing stock including measures
that support safe home environments free from lead, mold, and other indoor
environmental hazards.

9.

Support measures which establish, enhance, or fund policies, programs, research,


standards, educational curriculum, and public awareness campaigns that encourage
physical activity, healthy eating, breast feeding, immunizations, outpatient provider
infection control practices, availability of healthy and safe foods, injury and violence
prevention efforts, such as suicide prevention, mental health awareness, anti-bullying
and sexual exploitation of minors, and reduce the prevalence of smoking and
obesity.

10.

Support measures that expand, provide additional funding for, reduce barriers to and
increase enrollment in food assistance programs and Head Start, including
increasing income guidelines and benefits for Federal and State Food Assistance
Programs.

11.

Support increased funding of Medi-Cal for obesity screening, prevention, and


treatment for children at or above the 85th percentile of the sex-specific body mass
index growth charts.

12.

Support proposals to implement and enforce County cultural and linguistic


competence standards for all health service programs in order to provide culturally
and linguistically appropriate care.

13.

Support legislation to improve the planning and certification of adult day programs
and services which strengthen and provide for the fiscal monitoring of these
programs.

14.

Support legislation and funding that facilitates or requires health facilities, schools,
private business, government, and community-based agencies to participate in largescale disaster preparedness planning, training and exercises, especially in the area
of mass prophylaxis and care.

15.

Support proposals that protect and improve the health of adolescents and young
adults (12-24 years of age) through:
a. enhanced multidisciplinary collaborations among County departments, cities
and private agencies serving youth;
b. funding to enhance integration of services to adolescents, including physical
and mental health, juvenile detention services, employment and training or
community experiences to which the youth can be referred; and
c. training for adolescent service providers on youth development, youth
resiliency, cultural competency, physical and mental health, youth violence
prevention, nutrition and physical fitness, substance abuse, how and where to
make referrals to appropriate services, and increase the number and
effectiveness of referrals to appropriate services.

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2013-2014 STATE LEGISLATIVE AGENDA

16.

Support measures that promote partnerships between organizations that serve


communities and public health agencies to establish and enhance public awareness
campaigns to encourage healthy lifestyles.

17.

Support proposals to provide funding to promote and market the availability of


programs and services focusing on chronic disease prevention, risk reduction,
screening, and treatment.

18.

Support proposals that would prevent youth access to tobacco products by:
1) protecting anti-preemption language specified in the Cigarette and Tobacco
Licensing Act of 2003 that explicitly allows local jurisdictions to pass tobacco retail
licensing laws; 2) limiting the promotion and availability of other tobacco products
and electronic cigarettes; and 3) restricting the sampling of tobacco products in bars
and public events.

19.

Support proposals that would reduce exposure to secondhand smoke (SHS)


including: 1) reducing involuntary exposure to SHS in outdoor areas; 2) reducing
involuntary exposure to SHS in multi-unit housing complexes; 3) reducing involuntary
exposure from SHS in the workplace; and 4) designating SHS as a public nuisance.

20.

Support proposals to increase tobacco cessation services including mandating


cessation services be covered as part of employee health benefits.

21.

Support proposals for the development and implementation of programs which would
provide incentives to improve the health of the workforce, including but not limited to
facilitating strategies for increased physical activity and healthier eating.

22.

Support proposals that increase the availability and marketing of healthy, local and
affordable foods and beverages by expanding access to and increasing the number
of grocery stores, farmers markets and community gardens, especially in lowincome communities, and by increasing availability and promotion of healthy food
options available at grocery stores, corner convenience stores, mobile food facilities,
restaurants, and locations at or near schools.

23.

Support proposals that would increase the availability and affordability of


immunizations, increase access to childhood, teen and adult immunizations in
school, healthcare, workplace, medical settings and other appropriate settings, and
increase funding of immunization programs to improve immunization coverage levels
and reduce the incidence of vaccine preventable diseases.

24.

Support proposals that increase the prevalence and safety of sidewalks, walking
trails, bike paths, and parks; promote safe walking and biking routes to schools and
commercial districts; and promote complete streets, which make streets safe and
accessible for all users including automobiles, pedestrians, and bicyclists.

25.

Support proposals that promote infill development, transit oriented development and
the improvement of multi-modal transportation options, to encourage physical activity
and improve the health of County residents.

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2013-2014 STATE LEGISLATIVE AGENDA

26.

Support proposals that place sensitive sites, such as childcare centers, schools, and
housing safely away from harmful sources of pollution such as freeways and
industrial uses, to improve the health of County residents.

27.

Support proposals that reduce harmful indoor air pollutants in workplaces and
sensitive use environments such as schools, day care centers, and nursing homes.

28.

Support and/or sponsor legislation that promotes:


a. the reduction of salt content of packaged food products and restaurant foods;
b. increased affordability of fresh fruits and vegetables, specifically through
financial incentives, subsidies and outreach to food stamp recipients;
c. the development of pricing strategies that require vendors to increase prices
on unhealthy sugar-sweetened beverages to offset decreased prices in
healthy beverages as well as strategies that reduce cost for foods high in
protein and lean in fat, including fish and poultry;
d. reduced consumption of sugar-sweetened beverages, including soda, sports
drinks, and other sugar-sweetened beverages, and reduces youth access to
these products; and
e. adopt, implement, or strengthen food procurement policies to increase
access to healthy foods and beverages.

29.

Support proposals to direct dedicated tobacco tax increases to address the State
Budget shortfall to fund programs impacted by the shortfall.

30.

Support proposals to strengthen the regulation and oversight of surgical centers and
clinics performing obesity treatment cosmetic procedures to ensure that quality of
care standards are in place at these clinics and checked by the appropriate
credentialing agencies.

31.

Support proposals to restore oversight of physician-owned ambulatory surgery clinics


by the State Department of Public Health Services Licensing Division.

32.

Support proposals to conform Californias rabies vaccinations requirements to


Federal laws, regulations and guidelines.

4.7 Alcohol and Drug


1.

Support proposals to increase funding for alcohol and drug prevention, treatment,
and recovery services that provide local flexibility and discretion based on the local
planning process.

2.

Support proposals for increased funding from Medi-Cal and other funding sources to
enhance the alcohol and drug services system of care, including youth in the
juvenile justice system and youth transitioning out of foster care, to address the
growing problems associated with adolescent alcohol and drug use.

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2013-2014 STATE LEGISLATIVE AGENDA

3.

Oppose measures that reduce the availability and accessibility of alcohol and drug
prevention, treatment, and recovery services for persons with alcohol and drug
problems.

4.

Support proposals that provide funding for health, mental health, homeless
assistance, child welfare services, social services, as well as adult and juvenile
criminal justice programs that provide or make accessible substance abuse
prevention, treatment, and recovery services as part of its continuum of services.

5.

Support proposals that promote environmental approaches to reducing alcohol and


drug problems in the community, e.g., expanding local authority to enforce local
zoning ordinances related to alcohol outlets and increasing funding to
expand/enhance community-based coalitions to help residents prevent/reduce local
alcohol and drug problems.

6.

Support proposals that provide funding to increase the availability of education


programs to prevent Fetal Alcohol Syndrome, a spectrum of irreversible birth
defects, caused when a woman drinks alcohol during pregnancy.

7.

Support legislation that will fund and expand the Countys research and prevention
and treatment efforts on methamphetamine addiction.

8.

Support proposals that provide permanent and stable funding and integrated
approaches for the early identification and diversion of high-risk/high-cost patients
who are dually-diagnosed with mental health and substance abuse disorders or
other multiple symptoms/problems that effectively addresses substance abuse,
mental health, housing, and related matters.

9.

Support proposals which would improve the ability of California residents to easily
discern the alcohol content of products and reduce the potential to confuse alcoholic
products, such as alcopops for non-alcoholic products.

10.

Support legislation that gives counties local authority in establishing Driving Under
the Influence (DUI) programs including programs to address the specific cultural and
linguistic needs in populations who experience increased DUI violations.

11.

Support legislation that establishes a single State professional licensure process for
alcohol and drug counselors administered by a single State professional behavioral
health regulatory body.

12.

Support restoration of permanent and adequate funding for the Substance Abuse
and Crime Prevention Act of 2000 (Proposition 36) to provide drug treatment
services to nonviolent drug offenders sentenced under Proposition 36.

4.8 Health Education and Training


1.

Page 33

Support legislation that would permit the Los Angeles County College of Nursing and
Allied Health to receive State funding like nursing programs in community colleges.

2013-2014 STATE LEGISLATIVE AGENDA

2.

Support enhanced funding for nursing education and training slots at public
universities and teaching hospitals, expanded workforce development funding and
training programs for nursing and other allied health professions, as well as
recruitment and retention of nurses, physicians, and allied health professionals to
work for providers who serve primarily poor or medically uninsured patients who rely
on the medical safety net system for health care in medically underserved areas.

3.

Support proposals which would facilitate the recruitment of experienced pharmacists


to work in California, including replacement of the existing State pharmacist licensing
examination with the North American Pharmacist licensure examination and a
California law examination.

4.

Support proposals that provide funding for the education and training of students
interested in the laboratory field, including but not limited to the Los Angeles County
College of Nursing and Allied Health.

5.

Support proposals that facilitate the recruitment of nationally licensed laboratory


personnel to work in California, including acceptance of the American Society for
Clinical Pathology licensure examinations.

6.

Support proposals that fund training to enhance the competency of the health
education workforce.

7.

Support proposals to increase funding for public health nutritionists in local health
departments and increase training funds for dietitians.

8.

Support proposals that fund academic development and preparation programs


designed for disadvantaged ethnic groups, with a special emphasis on Spanishspeaking individuals, to assist those groups to enter and successfully complete
nursing and allied health professional training programs.

9.

Support a continuation and expansion of the Career Advancement Academy for


health care funded by the California community college districts.

10.

Support proposals that provide funding for the education and training of
epidemiologists.

4.9 Womens Health


1.

Support proposals to fund the development and delivery of child care and
transportation services to enable all women to obtain timely and adequate health
services.

2.

Support proposals that expand access to and provide funding for a full range of
prevention and treatment services for all women, including removing barriers to
access, expanding payors, and improving outreach and education.

3.

Support measures to increase the availability of and funding for prevention,


diagnostic, and treatment services for women affected by obesity, cardiovascular
disease, cancer, osteoporosis, and other chronic diseases.

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2013-2014 STATE LEGISLATIVE AGENDA

4.10 Sexually Transmitted Diseases


1.

Support proposals and funding to increase access to Sexually Transmitted Disease


(STD) prevention, screening, treatment, and surveillance activities for individuals
who are at highest risk.

2.

Support proposals and increased funding to effectively institute STD surveillance in


order to identify emerging areas of need, craft programming responses, and ensure
adequate levels of Federal funding.

3.

Support proposals and increased funding to reduce the spread of STDs through the
development of marketing campaigns.

4.

Support legislation to regulate the adult film industry to decrease the risk of
occupationally acquired HIV and other STDs.

5.

Support legislation to allow local health departments to train and monitor public
health staff to perform phlebotomy in field-based settings.

4.11 Implementation of Health Care Reform


1.

Support legislation that would implement provisions of Federal health care reform by
increasing access to care while maintaining and/or expanding the County's funding
as a safety net provider to continue health care, emergency and trauma care
services, and medical education programs through the existing infrastructure of
hospitals, Multi-Service Ambulatory Care Centers, health centers, and public-private
partnerships.

2.

Oppose legislation that would result in the reduction of the County's funding as a
safety net provider of health care to the uninsured, emergency and trauma care
services and medical educational programs in order to implement Federal health
care reform.

3.

Support proposals that establish funding for workforce development and


infrastructure for mental health care and substance abuse providers under Federal
health care reform.

4.

Support proposals to reform Medicaid, including the State Safety Net Care Pool and
Section 1115 Waiver components, to increase Medicaid funds for priority areas, such
as primary and preventive health care, without reducing total available Medicaid
funding levels.

5.

Support proposals which define essential health benefits, pursuant to Federal health
care reform, in a comprehensive manner that promote high-quality, patient-centered,
and cost-effective health care service.

6.

Support proposals that expand health care coverage to the fullest extent allowed
under the Affordable Care Act, without eroding existing coverage.

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2013-2014 STATE LEGISLATIVE AGENDA

7.

Support proposals that simplify the health coverage enrollment and renewal
processes to administer and facilitate use and access for clients.

8.

Support proposals that simplify and coordinate the health care enrollment and
renewal process with existing programs such as CalFresh; and continue the use of
county human services agencies to administer initial and ongoing Medi-Cal eligibility,
including the Los Angeles County LEADER system and other county automation
consortia, which interface with the Health Care Exchange.

9.

Support proposals that expand and enhance data matching to minimize paper
verifications and decrease processing time for enrollment for health care coverage.

10.

Support proposals that provide coverage expansion built upon the traditional delivery
systems used by the Medi-Cal and uninsured such as the Two-Plan Model and
safety net providers.

11.

Support proposals that incorporate the Low-Income Health Plans created under the
2010 California Medicaid Waiver into the new delivery systems created under the
Affordable Care Act.

12.

Support proposals that include incentives for providers to deliver high-quality,


coordinated, integrated, and cost-effective care across all levels of health care
delivery.

13.

Support proposals to ensure that coverage expansion includes mechanisms that


protect existing patient-provider relationships from unnecessary disruption and
ensure continuity of care.

14.

Support proposals that create comprehensive benefits to the fullest extent allowed in
the Affordable Care Act, including mental health and substance use disorder
services, without eroding previously implemented Federal Medical options and
existing waivers.

15.

Support proposals that maintain the Prevention and Public Health Fund, recognizing
that health improvement results from investments in population health efforts and not
just medical care.

16.

Support proposals that continue funding for the safety net system to maintain
services for populations not covered by the Affordable Care Act.

17.

Support proposals that allow the State to take full advantage of opportunities under
the Affordable Care Act to maximize revenues such as, opting into enhanced
benefits, special payments and incentives for innovation and quality.

4.12 Health Care Delivery System


1.

Page 36

Support proposals to define medical homes as medical care based on the patients
health and behavioral health needs that are provided and coordinated by a
multi-disciplinary team which includes, but is not limited to, physicians and nurses.

2013-2014 STATE LEGISLATIVE AGENDA

2.

Support proposals to allow nurse practitioners, physician assistants, and/or similar


personnel, to work independently with patients, as part of a physician-led
multi-disciplinary team providing medical home/clinical care to patients.

3.

Support proposals that provide funding for and promote services by an ambulatory
care network as the provider of preventive outpatient services.

4.13 Integrated Data Sharing


1.

Support proposals that create or expand integrated information sharing systems for
health and human services programs.

5. HOUSING AND COMMUNITY DEVELOPMENT


1.

Support proposals that provide incentives to local governments and/or developers to


increase and protect affordable housing and flexibility for counties to promote a
diversity of affordable housing types through local policies.

2.

Support proposals that increase home ownership opportunities for low- and
moderate-income families, and employees in vital occupations.

3.

Support proposals to provide additional resources for meeting the capital and
operational costs of housing production and related supportive service needs of lowand moderate-income families and the needs of special populations, including
elderly, disabled and mentally ill persons.

4.

Support measures that end predatory lending practices.

5.

Support measures that promote economic incentives as a means of creation,


attraction, and retention of business, including small business, in the County,
especially business that will create, attract or retain jobs in high poverty and
unemployment areas.

6.

Support proposals which would stimulate the local economy by accelerating or


increasing spending on public works and infrastructure projects, especially those
which would improve public health and public safety, mitigate hazards, reduce
energy usage, or improve transportation.

7.

Oppose legislation that would redirect redevelopment agency property tax increment
from local redevelopment agencies to the State.

8.

Oppose proposals to permanently prohibit the issuance of redevelopment tax


allocation bonds.

9.

Support legislation to enhance workforce development for high-tech industries.

10.

Oppose legislation that would reduce or eliminate the transfer of the City of Industry
Tax Increment Housing Set-Aside funds to the Housing Authority of the County of
Los Angeles or reduce authority and use over such funds.

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2013-2014 STATE LEGISLATIVE AGENDA

11.

Support legislation to distribute State housing funds to local jurisdictions based upon
population and poverty levels.

12.

Support revisions to the prevailing wage provisions of California Labor Code Section
1720 in order to minimize the impact upon affordable housing production.

13.

Support legislation to provide Public Housing Authorities expanded access to


criminal records, employment information, public assistance records and other
information that pertains to participant information for housing purposes for
prevention of fraud and other criminal activity.

14.

Support legislation to encourage health care services or establish grants for the
operation of new and existing urban health care services programs and projects in
medically underserved and urban areas.

15.

Oppose changes to landlord/tenant laws that would involve public housing authorities
in the legal process between tenants and their landlords.

16.

Support proposals to address affordable housing needs on a multi-jurisdictional


basis.

17.

Support legislation that increases resources to clean-up and redevelop Brownfields.

18.

Support legislation that continues the requirement for landlords to provide tenants
that are on assisted programs with a 90-day notice to move in order to allow
sufficient time to complete the process.

19.

Oppose proposals that substitute Proposition 1C (Housing and Emergency Shelter


Trust Fund Act of 2006) bond funding for existing housing and infrastructure
resources.

20.

Support the direct pass-through of Federal housing and community development


funds to units of local government, including Los Angeles County, to be distributed in
an equitable manner and without additional restrictions.

21.

Support legislation that provides Public Housing Authorities with flexibility to


administer and use public housing and Section 8 Program funds as well as revenues
generated from the Rental Housing Construction Program.

22.

Support legislation that promotes the States adoption of the U.S. Department of
Housing and Urban Development guidelines for calculation of rents and incomes for
affordable housing to increase eligibility, rather than maintaining separate State
standards which would reduce the number of individuals able to apply for affordable
housing.

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2013-2014 STATE LEGISLATIVE AGENDA

6. JUSTICE AND PUBLIC SAFETY


6.1 General
1.

Support reimbursement of County costs for the prosecution and defense of new
crimes.

2.

Support increased State funding for multi-agency collaborative justice programs.

3.

Support funding to expand video conferencing by law enforcement agencies,


including the Sheriff, the Probation Department, District Attorney, Public Defender
and Alternate Public Defender consistent with existing law.

4.

Support full funding of the Community Law Enforcement and Recovery Program.

5.

Support legislation to provide funding for crime prevention/intervention and


enforcement in public housing.

6.

Support legislation to broaden the scope of information about sex offenders that can
be provided over the internet and strengthen reporting requirements under Megans
Law.

7.

Support legislation to add any chemical used to make illegal drugs to the list of
essential chemicals considered necessary for the manufacture of illegal drugs.

8.

Support proposals to maintain and enhance State funding for training under the
Standards and Training for Corrections Program to support mandatory training for
Sheriffs and Probation Department personnel, as well as additional training to
increase efficiency, effectiveness, and the personal safety of these employees.

9.

Support proposals to prohibit the intentional feeding of select wild animals that
present a threat to public safety.

10.

Support legislation to enable law enforcement to implement vehicular forfeiture


ordinances related to racing, rallying and exhibitionist driving on local roads, streets,
and highways.

11.

Support full funding of the cost to house individuals who belong in State prison or
who are the responsibility of the State, so the County can avoid expending its own
resources for this purpose.

12.

Support funding for the construction, rehabilitation, and maintenance of County adult
detention facilities to mitigate current overcrowding conditions and to improve access
to various forms of treatment for those incarcerated.

13.

Support legislation or proposals which provide authority for the involuntary placement
of low level offenders on electronic monitoring which would allow the County to keep
high level offenders for a larger percentage of their sentence.

14.

Support legislation or proposals which reduce the time State prisoners remain in the
County jail once sentenced to prison.

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2013-2014 STATE LEGISLATIVE AGENDA

15.

Support legislation that would add code enforcement officials to the list of specified
public employees and their families whose personal information should be kept
confidential from public inspection or inquiry.

16.

Support legislation to clarify the authority of law enforcement agencies to request


information from a service provider on the location of a phone, cell phone, pager or
other telecommunication device proximate to the commission of a crime affecting the
life, health, or safety of a victim.

17.

Support legislation to waive State licensing fees for a health facility providing
services to inmates located in a county detention facility and restore a license fee
exemption for all county owned facilities.

18.

Support legislation to allow the County to charge full civil process serving costs.

19.

Support proposals that impose civil and/or criminal penalties on licensed foster and
child care providers who allow and/or fail to report registered sex offenders on or
near their facilities.

20.

Support legislation to eliminate the sunset date on a surcharge on basic vehicle


registration fees imposed at local option to fund local vehicle theft prevention
programs. Additionally, this proposal would support legislation to increase the
surcharge from the current $1 per vehicle to $2 per vehicle.

21.

Oppose proposals that would reduce or remove limits on criminal gang injunctions.

22.

Support proposals to develop, recommend and implement regulations for licensing,


monitoring and code enforcement of traffic violator schools to maintain routine traffic
violator school monitoring, fraud investigation and law enforcement services in the
County.

23.

Support proposals to provide funding for information technology initiatives that assist
criminal justice agencies to integrate, upgrade, and maintain justice information
systems.

24.

Support proposals that address crimes against children including issues of internet
privacy, cyber bullying, sexting, sextortion and the strengthening of default settings to
protect privacy of information sharing on social networking websites and wireless
devices.

25.

Support proposals to amend Government Code Section 27701 to expand the job
qualifications for applicants to the position of county public defender to include sitting
or retired judges, judicial commissioners, magistrates, referees, or elected public
officials.

26.

Support proposals to enhance criminal penalties for persons who commit assaults
against health care or mental health service providers while in the performance of
their duties.

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2013-2014 STATE LEGISLATIVE AGENDA

6.2 Trial Court Funding


1.

Support measures which would increase the State's participation in trial court funding
through the assumption of responsibility for financing court facility construction and
maintenance.

2.

Support measures which would require the State to fully fund any additional court
costs incurred in implementing Proposition 36.

3.

Support increased State funding for drug courts including pre-plea drug court
programs.

4.

Support measures that promote the transfer of trial court facilities to the State in an
efficient and fiscally neutral manner.

5.

Support measures and funding for the creation and expansion of collaborative courts
such as mental health courts, drug courts and/or courts addressing the needs of
persons with co-occurring disorders.

6.3 Crime Lab


1.

Support funding for the construction, renovation and operation of locally-operated


forensic crime laboratories.

2.

Support funding to contract out work needed to reduce the DNA testing backlog.

3.

Support additional State funding to expand the use of DNA collection and analysis to
be used in criminal investigations and prosecutions.

6.4 Emergency Management and Operations


1.

Support proposals to establish statewide standards for implementation and


governance of 3-1-1 programs (non-emergency reporting and general government
services) and 2-1-1 programs (community information and referral services).

2.

Support proposals to provide financial assistance to local agencies for the acquisition
of thermal imaging equipment that enables emergency response agencies to identify
and locate targets in limited visibility environments.

3.

Support legislation and/or administrative action that would provide funding and
resources to implement new technical standards for public safety interoperability
communications in the Los Angeles Region.

4.

Support legislation that would add drivers of vehicles requiring a commercial driver
license employed by a local jurisdiction to the existing entities that are exempt, while
performing duties related to restoration of services during an emergency, from
restrictions related to the maximum number of hours of vehicle operation.

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2013-2014 STATE LEGISLATIVE AGENDA

6.5 Fire
1.

Support proposals to provide financial assistance to local governments for the


acquisition of fire apparatus, including rotary and fixed-wing aircraft.

2.

Support legislation mandating and/or funding the installation of fire protection


systems in new commercial, multi-residential, educational, and institutional facilities.

3.

Support proposals to provide funding for the Office of State Fire Marshal for training,
education, and code enforcement.

4.

Oppose legislation that would require local fire agencies to assume responsibility for
the disposal of illegal fireworks.

5.

Support legislation that would require or encourage the use of fire-resistant building
materials.

6.

Support legislation that would provide funding for a standardized fire service training
program.

7.

Oppose proposals that impede the ability to fight fires or ensure timely weed hazard
abatement through use of most effective methods to eliminate fire risks.

8.

Support proposals that would remove deed restrictions to allow a municipal


government to sell a portion of State-owned property utilized for fire protection
services to a county fire district without the property reverting to the State.

6.6 Juvenile Justice


1.

Support proposals to ensure that each county receives annual funding for
emergency assistance for juvenile probation services in an amount at least equal to
the Federal TANF Grant funds received by counties in Federal Fiscal Year 1995.

2.

Support increased State funding for transitional housing programs for delinquent
youth.

3.

Support measures that expand truancy programs.

4.

Support proposals to increase funding for programs for delinquent and/or


emotionally disturbed minors who require intensive case management services or for
alternatives to camp placement, including public/private partnerships.

5.

Support measures that provide funding for the construction, renovation, rehabilitation
and operation of juvenile justice facilities.

6.

Support proposals to provide funding for prevention and intervention programs for
youth at risk of becoming involved or who are currently involved in the juvenile
justice system.

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2013-2014 STATE LEGISLATIVE AGENDA

7.

Support proposals to provide funding for programs, services and facilities that
provide a continuum of services to detained minors, including health and mental
health screenings, assessments and treatment services.

8.

Support proposals to provide funding for information technology initiatives that assist
juvenile justice agencies to integrate, upgrade and maintain justice systems.

9.

Support proposals to increase funding for the High-Risk Youth Education and Safety
Plan which funds services to youths in transition from juvenile camps and ranches.

10.

Support proposals to provide full funding of the Juvenile Justice Crime Prevention
Act.

11.

Support legislation to address concerns related to juvenile justice reforms including


adequate funding for new population and services, dedicated revenue source and
annual cost adjustments, transition and start-up costs, protection against cost
shifting, county recourse in the event of slow payments and inadequate rates, and
education programs.

12.

Support legislation for additional funding for Juvenile Court Community Schools
which could include adopting an alternative to the average daily attendance formula
that is agreed upon between the County and the Los Angeles County Office of
Education. The County would support legislation seeking the maximum allowable
funding for these schools in order to ensure that all youths in the juvenile justice
system receive the level of educational services to which they are entitled.

13.

Support legislation to provide or enhance the Countys flexibility to deliver


educational services through multiple providers, including implementation of
independent charter school programs designed to improve the delivery of
educational services to minors in probation camps and halls.

14.

Support legislation to enable the Probation Department to operate independent


charter schools at probation camps and halls.

15.

Support the California County Superintendents Educational Services Association


proposal to modify the current funding formula for juvenile court schools to one that
is based on a bed-unit enhancement plus Average Daily Attendance model.

16.

Support proposals to provide full funding, adjusted for inflation, for the Youth
Offender Block Grant.

17.

Support proposals for new funding to increase access to quality child care and
develop programs that strengthen parenting skills and promote optimal child
development for pregnant and parenting youth involved in the juvenile justice
system.

6.7 Probation
1.

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Support funding for the Developing Increased Safety through Arms Recovery
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2013-2014 STATE LEGISLATIVE AGENDA

2.

Support State funding of adult probation services, and local assistance to cities and
counties for correctional officer training programs.

3.

Support legislation to assist probation departments in verifying that sex offenders


and arsonists register with local law enforcement agencies, as required, by ensuring
that probation departments are notified of violators who report directly to court.

4.

Oppose measures that impose a reduction in probation officer caseloads without


adequate funding.

5.

Support measures to hold convicted persons accountable for the costs of probation,
Post-Release Community Supervision, and/or court-ordered mandatory probation
services based on their ability to pay, and authorize collection by the California
Department of Corrections and Rehabilitation and county sheriffs departments of
court-ordered financial obligations payable to counties and county agencies from
State prisoners, county jail inmates, parolees and individuals under probation
supervision.

6.

Support legislation to fund continuous electronic monitoring programs for


probationers.

7.

Support legislation to allow probation departments to register narcotics offenders


when the Chief Probation Officer determines there is a need to perform this task and
when the resources are available.

8.

Support legislation to restore the ability of the Board of Supervisors to order the
distribution of court ordered installment payments.

9.

Support legislation to authorize government agencies to exchange information


regarding individuals on probation, Post-Release Community Supervision and/or
court-ordered mandatory probation to the full extent authorized by Federal law, while
ensuring adequate due process protections.

10.

Support funding for adult probation, Post-Release Community Supervision and courtordered mandatory probation, to reduce recidivism in the local and State criminal
justice system.

11.

Support legislation to authorize local governments to participate with the appropriate


State agencies in post-release program planning at State prisons for those inmates
to be released in the county for the purpose of providing these inmates with effective
treatment programs consistent with the maintenance of public safety.

12.

Support legislation to encourage State and local agencies to collaboratively prepare


and implement inmate plans for treatment and programming at the earliest possible
time during their incarceration in order to maximize the length of time available for
effective treatment.

13.

Support legislation to require the State to provide full funding for the treatment and
programming needs of its parolees in the community.

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2013-2014 STATE LEGISLATIVE AGENDA

14.

Support legislation specifically authorizing day reporting centers for probationers,


individuals under Post-Release Community Supervision and/or court-ordered
mandatory probation designed to increase supervision of probationers to ensure they
receive appropriate types of program services and treatment.

15.

Support proposals to authorize the creation and operation of multi-disciplinary teams


to share case information related to an adult probationer, individuals under PostRelease Community Supervision and/or court-ordered mandatory probation that is
deemed appropriate to determine the proper treatment, supervision and disposition
of that person.

16.

Support legislation to authorize the sharing of information among community


corrections multi-disciplinary team members and that requires the team members to
maintain privacy and confidentiality requirements and penalties for disclosing
information or documents.

17.

Support proposals to provide funding to probation departments to conduct probable


cause hearings for individuals under Post Release Community Supervision.

18.

Support legislation that would amend the criteria for Post-Release Community
Supervision under AB 109 (Chapter 15, Statutes of 2011) to consider a State prison
inmates past violent or serious criminal history or history of sexual offenses.

19.

Support legislation that would prohibit the State from releasing a State prison inmate
to Post-Release Community Supervision under AB 109 (Chapter 15, Statutes of
2011) if that inmate has been previously designated a Mentally Disordered Offender
or Mentally Disordered Sexual Offender.

6.8 Disaster Preparedness


1.

Support funding of local efforts to prevent, prepare for, protect against, respond to,
and recover from emergencies and acts of terrorism while minimizing duplication of
responsibilities.

2.

Support legislation to facilitate prosecution of terrorist threats, and establish


reasonable punishments.

3.

Support proposals to allow the pass-through of Federal funds, such as homeland


security, to counties based on threat levels, population, and relative need.

4.

Support proposals to fund the development of a coordinated public information


program to communicate health risks and disseminate health information in
preparation for and in response to emergencies, acts of terrorism, and other
catastrophic events.

5.

Support proposals to fund for decontamination capabilities at all hospitals.

6.

Support proposals to fund regional disaster management systems and resources to


respond to medical needs during emergencies, acts of terrorism, and other
catastrophic events.

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2013-2014 STATE LEGISLATIVE AGENDA

7.

Support proposals to provide funding to ensure an adequate and stable supply of


vaccine, antidotes, medications, medical supplies, and blood products, and the
development of a plan to distribute them in an emergency.

8.

Support proposals to provide funding to enhance the preparedness of the public


health system and for Emergency Medical Service providers to respond to chemical,
biological, radiological, nuclear, and explosive emergencies, acts of terrorism and
other catastrophic events.

9.

Support proposals to fund mitigation activities including security improvements and


equipment for critical infrastructure such as roads, bridges, dams, flood control, food
and water supply, mass transit facilities, hospitals, and other public structures.

10.

Support proposals to fund a coordinated mental health response in the event of a


terrorist attack.

11.

Support legislation to fund the creation and dissemination of emergency, health or


criminal history information, while ensuring adequate due process protections.

12.

Support legislation to fund staffing, training and the purchase of rapid response
emergency equipment for first-responder teams including police/sheriff, firefighters,
emergency medical services, medical, public health, coroner, hospital emergency
staff, and other medical professionals.

13.

Support legislation that increases funding and/or augments resources for protection
against and response to bioterrorism and agroterrorism.

14.

Support measures that provide funding for hospitals to respond to disasters and
emergencies.

6.9 Traffic Violator School Monitoring Program


1.

Support legislation that maintains the Courts authority to contract with traffic
assistance programs to provide administrative support for the Courts traffic caseload
as described in the California Vehicle Code.

2.

Oppose legislation that would limit the traffic assistance program authority and
funding of non-profit agencies that monitor traffic violator schools on behalf of the
California Department of Motor Vehicles (DMV) or provide administrative services on
behalf of the Superior Court.

7. MAINTENANCE OF EFFORT/MANDATE RELIEF


1.

Support legislation to set a date certain for the payment of deferred SB 90 (Chapter
1406, Statutes of 1972) reimbursements so that local governments will be able to
borrow against them.

2.

Seek SB 90 (Chapter 1406, Statutes of 1972) reimbursement for special educationmental health mandates from increased Federal Individuals with Disabilities
Education Act funds received by the State or under Proposition 98 of 1988.

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2013-2014 STATE LEGISLATIVE AGENDA

3.

Support proposals to amend the California Government Code to eliminate the


exclusion of SB 90 (Chapter 1406, Statutes of 1972) mandated reimbursements from
any order by the State Water Resources Control Board or by any Regional Water
Quality Control Board.

4.

Support proposals to limit State administrative fees to the States actual costs for
mandated administration.

5.

Support proposals to streamline or eliminate administrative mandates to focus limited


resources on services.

6.

Oppose measures that increase the County's Trial Court Funding maintenance of
effort above the agreement reached in AB 233 (Chapter 850, Statutes of 1997) and
subsequent actions providing Maintenance of Effort (MOE) relief.

7.

Oppose any measure to earmark or otherwise encumber the discretionary revenues


available to counties as a result of AB 233 (Chapter 850, Statutes of 1997) and
subsequent actions providing MOE relief.

8.

Support proposals to allow counties to apply for MOE relief when facility costs are
included in the MOE base and remain an ongoing County responsibility.

8. MENTAL HEALTH
1.

Support legislation to require health plans to pay for mental health care and
substance abuse disorders on par with coverage for physical disorders including
specific penalties or consequences for non-compliance.

2.

Support reform of the Lanterman-Petris-Short Act and related laws in a manner that
would assist and protect the mentally ill, and increase funding for services mandated
by the Act.

3.

Support proposals to develop and implement State technical assistance and training
programs to maximize the reduction in the use of seclusion and behavioral restraints
in mental health facilities.

4.

Support proposals to fully fund outpatient treatment services for all individuals who
may be either involuntarily committed or seek voluntary treatment.

5.

Support legislation to fully fund mental health services for children including
prevention and early intervention, multi-disciplinary approaches and training,
childrens systems of care, community treatment facilities, treatment for juvenile
offenders, coordination of transitional youth services, and school based mental
health services.

6.

Support legislation to provide increased funding for mental health services for adults
and older adults including adult and homeless systems of care, Adult Protective
Services, Public Guardian and Conservatorship Services, substance abuse
treatment, Institutions for Mental Disease reform, joint law enforcement and mental
health teams, and to allow Medi-Cal reimbursement for Public Guardian and
Conservatorship Services.

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2013-2014 STATE LEGISLATIVE AGENDA

7.

Support proposals to restore Health Families mental health benefits to encourage the
provision of full scope mental health services by public agencies.

8.

Support legislation to fund mental health services to CalWORKs recipients,


multi-agency training and coordination for suicide prevention, emergency services for
disaster relief response, and recruitment, training and retention of mental health
professionals.

9.

Support proposals to increase funding for specialized mental health training to law
enforcement personnel, probation officers, and health care practitioners.

10.

Support proposals to increase funding for prevention, diversion, housing, and


intervention services for mentally ill adults and delinquent and/or emotionally
disturbed minors to divert them from the criminal justice system.

11.

Support proposals that require managed care plans to contract with, and/or
reimburse, counties for crisis mental health services provided to managed care
beneficiaries at the full cost of providing the service.

12.

Support proposal to adequately fund county-operated Medi-Cal managed mental


care plans, and support the establishment of regulations that effectively support the
provision and monitoring of high-quality mental health services.

13.

Support proposals that enhance increased treatment for the mentally ill homeless
individuals, families, and children.

14.

Support legislation to provide funding for mental health and substance abuse
treatment for locally incarcerated juveniles and adults.

15.

Support legislation to fully fund a complete continuum of mental health services,


facility placements or housing options, and define a transition and linkage process
for parolees released to the community, including those on nonrevocable parole
status and Post-Release Community Supervision established by the 2011 Public
Safety Realignment.

16.

Support proposals to provide full reimbursement of Early and Periodic screening,


Diagnosis, and Treatment (EPSDT) and SB 90 (Chapter 1406, Statutes of 1972)
claims within 90 days of the Countys submission of a claim for mental health
services.

17.

Support proposals to allow local Child Death Review Teams to expand the scope of
child suicide death reviews to include suicides of young adults from 18 to 24 years of
age.

18.

Support efforts to increase mental health education and training slots at public
universities and teaching hospitals, expand workforce development funding and
training programs for mental health and other allied health professions and increase
efforts to recruit mental health specialists to work with difficult-to-reach and
underserved populations.

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2013-2014 STATE LEGISLATIVE AGENDA

19.

Support efforts to provide cultural and linguistic competence standards for all mental
health programs in order to provide culturally and linguistically appropriate care.

20.

Support proposals to increase the utilization of mental health services in ethnic


communities through the development of culturally appropriate outreach messaging
and marketing campaigns.

21.

Support legislation that will allow county mental health departments greater flexibility
regarding specific assistance such as transportation and wraparound services for
children, funded through EPSDT Medi-Cal in response to the Katie A. lawsuit, which
is a negotiated settlement agreement requiring services to be provided in the home
rather than in residential placements.

22.

Support proposals that promote the integration of health, mental health and
substance abuse treatment for at-risk populations such as persons with a primary
diagnosis of mental illness in a manner that protects the special needs of that
population; and support legislation that establishes a behavioral health care home
within the County mental health departments for such individuals.

23.

Support proposals that increase the availability of beds at Institutions for Mental
Disease and State hospital psychiatric facilities to reduce the impact of overcrowding
on emergency and inpatient resources for mentally ill individuals who no longer need
acute care and for individuals with criminal histories.

24.

Support legislation to extend the sunset date of Lauras Law, with amendments to
facilitate implementation of the Assisted Outpatient Treatment Program.

8.1 Residential Facility Safety


1.

Support legislation to establish adequate and equitable care and supervision


payment rates for private, residential care facilities that serve persons with
psychiatric disabilities.

2.

Support legislation to authorize appropriate access for County Patients Rights


Advocates to facilities that are not licensed, and alleged to be in violation of licensing
law or regulation, in order to monitor conditions and make a determination regarding
appropriate placement and safety of facility residents.

3.

Support legislation to expand sanctions to enforce the citation of a community care


facility determined to be unlicensed, including: 1) granting County Health Officers
authority to close an unlicensed facility, 2) establishing clear criteria for such a
closure; and 3) allowing the District Attorney the flexibility to determine if the matter
will be adjudicated as a misdemeanor or a felony.

4.

Support legislation to require the State to regulate and establish standards for Sober
Living Homes to ensure their safety.

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2013-2014 STATE LEGISLATIVE AGENDA

9. REVENUE AND TAXATION


1.

Support full State funding of the schools share of the cost of property tax
administration.

2.

Support legislation to provide the County with greater flexibility to increase the local
sales tax in light of the 1.5 percent local sales tax cap.
Support proposals to provide for a fee on alcohol consumption to be used to fund
trauma and emergency care.

3.
4.

Support legislation to distribute the growth in sales tax revenue within counties on a
per-capita or other basis that reflects the service responsibilities of counties.

5.

Support proposals to mitigate County exposure to property tax refunds on


State-assessed properties, including the establishment of a rebuttable presumption
for values established within a defined range of fair market value.

6.

Support legislation to clarify that, prospectively, interest on property tax refunds shall
be computed from the date of payment of each installment.

7.

Support legislation to clarify that property tax refund issues are not subject to class
action law suits.

8.

Oppose legislation that interferes with the Countys ability to quickly resolve requests
for changes in assessment or restricts the assessment appeals boards ability to deal
with a sudden, large increase in the number of appeals.

9.

Support legislation and regulation to uniformly apply tax and fees on utilities and
similarly situated companies competing in California.

10.

Support legislation to protect counties from refund claims based upon the application
of Proposition 62 to taxes imposed in reliance upon applicable case law regarding
the unconstitutionality of Proposition 62.

11.

Support proposals to expand the type of debt that can be referred to the California
Franchise Tax Board (FTB) intercept program to include debts owed to the County
Probation Department and the Department of Health Services, and enable counties
to access FTB tax return information for collection purposes.

12.

Support legislation to require the State Board of Equalization to identify the fiscal
impact of any new or revised rule, regulation, or instruction.

13.

Oppose proposals that would preempt the ability of local governments to negotiate
compensation for the use of rights-of-way by telecommunication companies.

14.

Support legislation to clarify that the State Board of Equalization has sole
responsibility for determining whether or not an organization may qualify for property
tax welfare exemptions and that counties have sole responsibility for verifying that
the uses of individual properties qualify for welfare exemptions.

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2013-2014 STATE LEGISLATIVE AGENDA

15.

Support legislation to clarify that, in addition to the right to inspect an assessees


records for purposes of assessment, an assessor has the right to copy those
records.

16.

Oppose legislation to require a trial de novo for property tax appeals.

17.

Support legislation to require marina or storage facility operators to report vessels at


their location to the county assessor for the purpose of assessment.

18.

Support legislation to require manufactured home park operators to report the


names, mailing addresses, park space number, and description of resident homes to
county assessors.

19.

Support proposals to improve tax compliance related to non-reporting of corporate


ownership transfers, including those properties that typically transfer without a
recorded deed.

20.

Oppose legislation that would give cities and other public agencies that receive
property tax revenues standing as third-party participants in assessment appeal
proceedings relating to properties that are located in the agencies jurisdiction or
legislation that would require the clerk of the board to send notice of hearing to thirdparties.

21.

Oppose measures that jeopardize local revenues resulting from the provision of
voice (telephone), video (cable), and data (internet) services.

22.

Support legislation to fund or restore State reimbursement to counties for property


tax administration functions.

23.

Support legislation to allow each person 55 years of age or older, regardless of


marital status, the right to use the one-time lifetime exclusion for the transfer of a
primary residence Proposition 13 base year assessed value to a replacement
residence pursuant to the Revenue and Taxation Code.

24.

Support legislation to promote statewide uniformity of procedures and guidelines by


the State Controller for mandated functions performed by county auditor-controllers,
such as property tax apportionments, management of administrative costs,
accounting, and redevelopment activities.

25.

Support legislation that enhances the administration of property taxes by using more
efficient methods of administration, and support legislation that clarifies, streamlines,
and outlines clear property tax policy for local governments.

26.

Support proposals that provide a broad analysis of the role of tax expenditures in the
State Budget and the implications for revenue losses; an evaluation of the current tax
expenditures that are part of the tax code, including a thorough assessment of their
respective relevance and appropriateness; and consideration of reduced corporate
tax expenditures as a State Budget solution and as part of any discussions regarding
revenue streams.

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2013-2014 STATE LEGISLATIVE AGENDA

10. SOCIAL SERVICES


10.1 Reforming the Safety Net and Promoting Self-Sufficiency
1.

Support proposals for State and local governments to work together as partners to
balance resources, eligibility and benefits, and forge new partnerships with business,
nonprofit, and religious organizations to promote individual self-sufficiency.

2.

Oppose proposals which would reduce available Federal matching funds for health
and human service programs by capping State General Fund contributions.

3.

Support proposals to allocate block grant funds based on actual costs and caseloads
for various functions such as assistance grants and employment services.

4.

Support a single integrated safety net which pools Federal, State, and county
resources.

5.

Support the maintenance of a statewide safety net because counties cannot afford to
aid persons who are ineligible for Federal benefits under welfare reform.

6.

Support a statewide safety net that covers legal immigrants while holding sponsors,
when available and able to pay, financially liable for sponsored immigrants.

7.

Support the use of savings from welfare reform to finance safety net services,
especially for vulnerable persons losing Federal eligibility who otherwise would be a
county responsibility under Section 17000 of the Welfare and Institutions Code.

8.

Support proposals to increase funding for aging programs such as Linkages,


Multipurpose Senior Services Programs, Alzheimers Day Care Resource Centers,
Senior Nutrition Programs and local Long-Term Care Ombudsman Programs.

9.

Support efforts to lift the cap on State Food Stamp Employment and Training funding
and require the State to fully fund the non-Federal match.

10.

Support efforts to maximize Federal funding for Medicaid, Food Stamps, child
welfare services, child support, and child care.

11.

Support options to simplify the administration of public assistance programs such as


CalWORKs, Medi-Cal and Food Stamps, including seeking any necessary Federal
waivers.

12.

Oppose efforts to make counties responsible for any penalties resulting from
circumstances beyond their control including inadequate Federal and State
administrative funding as well as unclear Federal and State program instructions.

13.

Support adequate funding to cover new Federal mandates for data collection,
verification, reporting, and fraud detection systems, while maintaining priority for
previously approved automated systems such as the County's LEADER project.

14.

Support funding to modify the countys automated systems in any legislation


containing policy changes that impact those systems.

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2013-2014 STATE LEGISLATIVE AGENDA

15.

Oppose proposals to repeal State law that allows the first $50 of child support
payments to be passed on to CalWORKs participants.

16.

Support funding for ongoing procurement, development, maintenance activities, and


hardware replacement for the Countys LEADER system.

17.

Support proposals to give counties the flexibility to develop and translate CalWORKs
screening and evaluation forms into non-English languages if the State has not
provided translated versions of the forms.

18.

Support proposals which provide for the uniform implementation of electronic


signatures in social services programs including CalWORKs, Medi-Cal, Food
Stamps, In-Home Supportive Services, and Child Welfare Services.

19.

Support proposals to secure State funding for Supplemental Security Income


advocacy.

20.

Support legislation which would restrict the imposition of any transaction fees or
surcharges for the use of Electronic Benefit Transfer cards within California.

10.2 CalWORKs
1.

Support measures that promote economic self-sufficiency through partnerships with


public, private, nonprofit, and religious organizations to hire CalWORKs participants
and provide limited community service and work experience opportunities.

2.

Support measures that enable counties to develop coordinated systems, which


include, but are not limited to, Employment Development Department and
Department of Social Services programs that assess CalWORKs participants, and
identify and develop the employment, training, or community service and community
work experience activities to which CalWORKs participants can be referred.

3.

Support an equitable allocation of CalWORKs funds to counties based on relative


need.

4.

Support legislation to exempt the full value of one vehicle per household and/or a
greater portion of a vehicles value from the CalWORKs vehicle asset limit to ensure
that clients have reliable transportation.

5.

Support the full funding of CalWORKs Performance Incentives.

6.

Support a statewide safety net to cover hardship cases, such as families with abused
or neglected children, the disabled, families and emancipated foster youth at risk of
homelessness, children, or parents who are not readily employable beyond the fiveyear limit on Federal Temporary Assistance for Needy Families (TANF) benefits, and
adults who have complied with the work requirements but are unable to find
employment through no fault of their own.

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2013-2014 STATE LEGISLATIVE AGENDA

7.

Support expansion of the States financial commitment to local welfare-to-work


programs that promote self-sufficiency among welfare recipients/applicants, noncustodial parents of children receiving TANF benefits, and food stamp
applicants/recipients.

8.

Support the use of TANF funds to provide employment-related and supportive


services to non-custodial parents of children receiving TANF benefits, as permitted
under Federal law.

9.

Support a statewide safety net for families in which a member may be disqualified
from receiving TANF benefits due to drug-related convictions, if that family member
has successfully completed a qualified drug rehabilitation program and remains drug
free.
Support efforts to fund and maintain the statewide Fingerprint Imaging System for
the CalWORKs and General Relief Programs.

10.
11.

Support legislation that excludes special military pay when determining CalWORKs
eligibility for families of deployed members of the armed services.

12.

Support proposals that reduce barriers and increase the participation of pregnant or
parenting teens in the Cal-Learn Program.

13.

Support proposals that simplify the CalWORKs Child Care Program to increase
access to quality child care and programs that promote child development and
eliminate child care as a barrier to welfare-to-work activities and employment.

14.

Support proposals that would provide a limited State-funded Food Stamp grant to
families receiving Food Stamps only where a parent or relative caregiver is working a
sufficient number of hours to meet the Federal TANF work participation rate.

15.

Support proposals that would allocate new State funds for counties to conduct
approved Food Stamp outreach activities.

16.

Support proposals that would encourage all Cal-Learn youth to enroll and stay in
school, actively participate in the Cal-Learn Program, and not seek employment as
an alternative to school, but in conjunction with formal education that leads to at least
a high school diploma.

17.

Support proposals to exclude Cal-Learn youth from the base calculation of the
Federal work participation rate.

18.

Support proposals to require that non-exempt CalWORKs adults attend the Welfareto-Work Appraisal appointment as a condition of initial adult eligibility for cash
assistance.

19.

Support proposals to provide a short-term extension of CalWORKs cash assistance


and Medi-Cal benefits for families participating in the Family Reunification Program
who were receiving CalWORKs assistance and Medi-Cal when the child(ren) in the
families were removed due to abuse or neglect.

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2013-2014 STATE LEGISLATIVE AGENDA

20.

Support proposals to modify asset and/or income eligibility limits for the CalWORKs
and the Food Stamps Programs to assist families and individuals impacted by the
recession who would otherwise not qualify for these programs.

21.

Support proposals to restore and maintain funding for the Cal-Learn Program.

10.3 Workforce Investment Act


1.

Support the equitable pass-through of the maximum amount of Federal Workforce


Investment Act (WIA) funds to workforce investment boards that administer the
program at the local level, without additional requirements on the use of funds.

2.

Support proposals to allow consultations between local officials during revision of the
Federal-mandated five-year strategic plan, especially with respect to local
performance measures.

3.

Support establishment of performance levels for all target populations (adult,


dislocated workers and youth) that are reasonable and do not penalize
local areas with high unemployment rates and disproportionate numbers of
hard-to-employ persons, or which target employment and training services at the
hard-to-employ.

4.

Support the use of all of the Governors WIA set-aside dollars (15 percent
discretionary funds) to provide workforce investment services in the State of
California, and to provide employment and training services for evacuees of natural
disasters who relocate to California.

10.4 Citizenship and Legalization Assistance


1.

Support increased funding for citizenship assistance with priority for services given to
immigrants who have lost Federal benefits and to immigrants with special needs,
such as the elderly and disabled, with allocations to counties based upon their share
of the total number of legal immigrants statewide.

2.

Support funding to assist in the legalization of immigrants covered under the Legal
Immigration and Family Equity Act of 2000.

10.5 Domestic Violence


1.

Support proposals to increase funding for services to domestic violence victims and
their children, including increased funding for outreach, screening, counseling, case
management and legal services, for domestic violence victims and their families in
unserved and underserved populations.

2.

Support proposals to create a separate State allocation for domestic violence


services to CalWORKs recipients.

3.

Support efforts to promote domestic violence prevention and intervention through


public awareness, education, and counseling.

Page 55

2013-2014 STATE LEGISLATIVE AGENDA

4.

Support legislation to foster coordination and collaboration between the various


agencies providing domestic violence services.

5.

Support legislation to provide additional funding for transitional shelters for victims of
domestic violence.

10.6 In-Home Supportive Services


1.

Support legislation to reestablish an 80 percent funding formula for State


participation in In-Home Supportive Services (IHSS) wages and benefits above the
minimum wage or develop an alternative way to increase State participation in IHSS
wages and benefits above the minimum wage.

2.

Support proposals to ensure the delivery of all eligible services, quality of care, the
health and safety of IHSS consumers, and the integrity of the IHSS Program.

3.

Support proposals to improve program integrity and prevent fraud in the


IHSS Program.

4.

Support proposals to increase IHSS funding with emphasis on respite care and the
establishment of community-based, long-term care programs.

5.

Support legislation to provide State funding for emergency IHSS providers to allow
recipients to continue to receive IHSS services when the regular provider becomes
ill or is otherwise unavailable to provide care.

10.7 Senior and Adult Services


1.

Support proposals to increase funding for the Adult Protective Services (APS)
Program to enable counties to ensure the safety and protection of abused and
neglected elders and dependent adults and to meet new State mandates to the
programs and associated increases in APS client caseloads.

2.

Support measures to ensure that counties have priority for adult protective services
funding over agencies which do not have State-mandated responsibilities.

3.

Support proposals that promote the use of less costly home and community-based
care alternatives to the institutionalization of disabled persons, including by allowing
funding to follow persons to home and community-based care services, such as
IHSS.

4.

Support legislation or budgetary actions to provide a tax credit to individuals who


provide in-home care for elderly parents or other family members.

5.

Support proposals to reestablish and to fully fund the Special Circumstances


Program to provide assistance to eligible, low-income aged, blind and disabled
persons.

6.

Support proposals to fund for construction, renovation and/or acquisition of centers


serving senior citizens.

Page 56

2013-2014 STATE LEGISLATIVE AGENDA

7.

Support proposals to provide State funding for elder abuse forensic examination
programs.

8.

Support proposals that would allow the pass-through of Federal funds appropriated
for programs authorized under the Older Americans Act to the California Department
of Aging and subsequently to the area agencies on aging in the absence of an
enacted State budget.

9.

Support proposals and funding that promote the coordination of services such as
Older Americans Act Programs, In-Home Supportive Services, Caregiver Resource
Centers, Community-Based Adult Services, Multipurpose Social Services Program
and Adult Protective Services into an integrated long term care system.

10.

Support proposals to facilitate the States implementation of its Olmstead Plan, which
prohibits the unnecessary institutionalization of individuals with disabilities, through
the inclusion of appropriate access to community-based services and placement
options.

11.

Support proposals that would increase the types of professions required to report
suspected cases of elder abuse.

12.

Support proposals which require the licensing, oversight and regulation of


conservators, establish a Probate Ombudsman Program, and provide sufficient
resources to conduct investigations of conservators through the Probate Court and
the Public Guardian Program.

13.

Support proposals that would allow the County to recover costs associated with
severe weather-related emergency services to Adult Protective Services clients.

10.8 Community Services Block Grant Funding


1.

Support proposals to equitably allocate Federal Community Services Block Grant


(CSBG) funding based on the 2010 Census, or a need-based formula, and oppose
the use of CSBG grant funds to supplant existing funding of local programs.

10.9 Veterans
1.

Support proposals to increase efforts to reduce homelessness for veterans and their
families, increase affordable housing, mental health services, including treatment for
post-traumatic stress disorder and traumatic brain injury, substance abuse treatment,
training, placement and employment opportunities, and provide other essential
assistance to those who have honorably served in our armed forces.

10.10 Service Delivery


1.

Page 57

Oppose efforts to privatize and/or centralize eligibility


Medi-Cal, CalWORKs, and/or Food Stamps at the State level.

processing

for

2013-2014 STATE LEGISLATIVE AGENDA

10.11 Homelessness
1.

Support proposals which increase funding for homeless assistance programs,


including supportive housing, supportive services, and emergency services, increase
local flexibility over the use of homeless assistance funds, simplify and reduce
administrative requirements, and more equitably distribute funds based on relative
need.

2.

Support proposals which provide additional resources for meeting the housing and
related supportive service needs of special populations, including elderly, disabled,
and mentally ill persons.

3.

Support creation and funding of a State plan to end homelessness, and the
reconvening of a State-level Interagency Council on Homelessness comprised of
representatives from all State cabinet departments responsible for programs or
activities that affect homeless persons and the agencies that serve them.

4.

Support proposals to improve the discharge policies and procedures of State


prisons, hospitals and any other agencies with residential services, to ensure that
persons are not homeless at the time of release.

5.

Support proposals to increase services and benefits for CalWORKs homeless


families and services and benefits to prevent homelessness among families
receiving CalWORKs.

6.

Support measures that would allocate additional resources to create and rehabilitate
housing for low and extremely low income populations who are vulnerable to
homelessness.

11. TRANSPORTATION
1.

Support legislation to increase the fines for rail transit rights-of-way violations to
make them comparable to fines for running a red-light or illegally driving in a High
Occupancy Vehicle lane.

2.

Support funding for the 1989 Retrofit Sound Wall and the post-1989 Sound Wall lists.

3.

Support funding for pedestrian and bicycle-oriented projects such as crosswalks,


lighting, bicycle lanes, and traffic controls that safely promote the use of self-powered
modes of transportation.

4.

Support proposals for dedicated funding for transportation required by the Welfareto-Work Program.

5.

Support an increase in grade separation funds if regional transit programs are not
harmed and the funding received by the Department of Public Works from gas tax
revenues is not reduced and the project funding received from the State
Transportation Improvement Program is not significantly reduced.

Page 58

2013-2014 STATE LEGISLATIVE AGENDA

6.

Support proposals to direct allocation of funds to local governments for the


preservation of local streets and roads, without reducing other transportation funds or
impacting other agencies.

7.

Support legislation that further restricts the borrowing of revenues received by the
County from the excise tax on gasoline and diesel.

8.

Support proposals to redirect Federal minimum guarantee funds from the State
Transportation Improvement Program to the Regional Surface Transportation
Program.

9.

Support legislation to reduce the vote requirement for enacting a county-wide sales
or gas tax transportation measure.

10.

Oppose legislation to relinquish State highways to local agencies without the State
first restoring them to good repair, and unless a determination is made by the
affected local agency that the roadway has general need for traffic circulation.

11.

Oppose legislation that would reduce the ability of local and regional transportation
agencies to prioritize transportation projects with the State.

12.

Support legislation allowing the use of automated enforcement systems to enforce


speed limits on local streets and school zones.

13.

Support rail safety legislation that is designed to prevent accidents and increase
Californias control over rail safety.

14.

Oppose legislation and/or proposals that allow large combination vehicles, such as
triple trailer trucks to operate in California or attempts to increase the size or weight
of combination vehicles.

15.

Support the inclusion of funding for grade separations and local road improvement
projects in any proposed statewide infrastructure bond measure.

16.

Support a statewide infrastructure repair and expansion program that includes


substantial funding for urban mass transit priorities in Los Angeles County and
throughout California.

17.

Support legislation to fund the inland port in the Antelope Valley.

18.

Support legislation that allows all direct and indirect environmental, engineering,
accounting, legal and reasonable administrative costs to be recovered from Bridge
and Thoroughfare Districts in unincorporated Los Angeles County, in addition to
actual construction costs.

19.

Oppose legislation that erodes the County Road Commissioners current authority to
carry out work.

20.

Support proposals that guarantee an equal amount of gas excise tax revenues from
the State as received by the County under Proposition 42 of 2002.

Page 59

2013-2014 STATE LEGISLATIVE AGENDA

12. UTILITIES AND INFRASTRUCTURE


12.1 Energy
1.

Support proposals to expand electric generation and supply in California, including a


waiver of air quality emission standards when electricity supply is critically low.

2.

Support proposals to provide an exemption to allow public agencies to extend the


use of emergency generators when electrical blackouts are imminent.

3.

Support proposals to increase funding to public agencies to encourage reduced


consumption, develop alternative energy sources, and shift usage to non-peak
hours.

4.

Support proposals to provide funding for a grant program to encourage electric, and
solar retrofitting of public and private buildings.

5.

Support proposals to give authority for local governments that produce power to
serve their own facilities utilizing the transmission and distribution lines of public or
investor-owned utilities.

6.

Support direct access legislation that would provide customers, such as the County,
with a choice of retail electricity suppliers.

7.

Support legislation that allows local government to purchase or generate and deliver
electricity for its facilities independent of community choice aggregation plans.

8.

Support proposals to provide funding to encourage local governments to install traffic


signals with an independent power source provided the power source is equivalent
or cleaner than the current supply.

9.

Support proposals to assist low-income and elderly households with energy


assistance, such as payment subsidies, conservation education, weatherization, and
energy efficiency improvements.

10.

Support proposals that would increase access to funding under the Low-Income
Home Energy Assistance Program in Los Angeles County.

11.

Support proposals which ensure that local government is offered fair and economical
pricing of energy by public generators.

12.

Support legislation to assist and encourage local businesses and homeowners to


implement green energy programs (such as wind turbines, solar panels, and energyefficient appliances) to reduce demand on local and regional power grids, as long as
the legislation includes provisions which protect the Countys ability to analyze
environmental impacts under the California Environmental Quality Act to exercise
discretion in regulating land uses in County unincorporated areas.

Page 60

2013-2014 STATE LEGISLATIVE AGENDA

13.

Support legislation requiring the California Public Utilities Commission to require


Investor Owned Utilities to establish separate Tariff Rates for newer high and ultra
high efficient traffic and street fixtures such as Light-Emitting Diode signal lights and
street lighting fixtures.

14.

Support proposals to require Investor Owned and Municipal Utilities (IOMUs) to


provide local governments and State agencies disaggregated energy consumption
data to support the development of greenhouse gas emissions inventories and
climate action plans as required by AB 32 (Californias Global Warming Solutions Act
of 2006).

15.

Support proposals to provide funding to local governments to develop, implement,


and administer energy programs for residential, non-residential, and publicly owned
properties.

16.

Support proposals to provide direct funding and technical support for local
governments to develop and implement energy and climate actions plans that aim to
reduce energy and water consumption.

17.

Support legislation to provide renewable energy status, diversion credits, and other
incentives for energy production at existing facilities in the County that generate
energy from waste.

12.2 Telecommunications and Video Services


1.

Support proposals to establish technology-specific area codes in order to reduce the


proliferation of area codes for regular telephone customers.

2.

Support proposals that improve the management of numbering resources applicable


to telecommunications carriers, and avoid the premature exhaustion or split of an
area code.

3.

Support measures that promote universal access to telecommunication services


including voice, video, data, and the Internet.

4.

Oppose measures that restrict local control over the public rights-of-way.

5.

Oppose measures restricting local authority over emergency alert communications


systems.

6.

Support measures that provide local governments with commercially equivalent,


no-cost access to media to distribute information by such methods as Public,
Educational, and Government access channels.

7.

Support proposals that evaluate the health and safety impact of wireless
communications emissions.

8.

Support proposals that promote access for disabled persons to telecommunications


services, including voice, video, data, and the Internet.

Page 61

2013-2014 STATE LEGISLATIVE AGENDA

9.

Support proposals that would enable local governments to negotiate compensation


and other public benefits for those that use the rights-of-way, such as
telecommunications and video service providers.

12.3 Construction Contracts


1.

Support legislation that authorizes the Board of Supervisors to delegate the approval
of change orders to the Director of Public Works for infrastructure construction
contracts, including roads, bridges, flood control, and waterworks projects, and
modify the maximum change order contract amount delegated to the Director based
on the Consumer Price Index.

2.

Support legislation that authorizes counties to use the design-build contract method
for projects to construct buildings and directly related improvements, and support or
sponsor legislation that would delete the existing sunset date on design-build
authority granted to counties and that would eliminate the current project cost
threshold required for the use of the design-build method.

3.

Support legislation to preserve and improve the Countys ability to solicit and
manage construction contracts and or job order contracts.

Page 62

CALIFORNIANS AWARE
v.
LOS ANGELES COUNTY BOARD OF SUPERVISORS

EXHIBIT E

Petition for Writ of Mandate

STATEMENT OF PROCEEDINGS FOR THE


REGULAR MEETING OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES HELD IN ROOM 381B
OF THE KENNETH HAHN HALL OF ADMINISTRATION
500 WEST TEMPLE STREET, LOS ANGELES, CALIFORNIA 90012
Tuesday, December 3, 2013
9:30 AM

Present:

Supervisor Molina, Supervisor Ridley-Thomas, Supervisor


Yaroslavsky, Supervisor Antonovich and Supervisor Knabe

Video Link for the Entire Meeting (03-1075)


Attachments:

Video Transcript

Invocation led by Robert Duke, Ph.D., Associate Professor of Biblical Studies,


Azusa Pacific University (1).
Pledge of Allegiance led by Joe Duran, Former Specialist E-4, United States
Army, Palmdale (5).
The Board observed a moment of silence in remembrance of the 1,464
individuals whose remains were unclaimed and are to be buried in the County
Cemetery on Wednesday, December 4, 2013.
I. PRESENTATIONS/SET MATTERS
Presentation of scroll in honor of the inaugural observance of a
#GivingTuesday, a new global day of celebrating philanthropy and charitable
giving, as arranged by Supervisor Yaroslavsky.
Presentation of scroll to the Department of Military and Veterans Affairs, in
recognition of Pearl Harbor Remembrance Day 2013, as arranged by
Supervisor Knabe.
Presentation of scroll to Alberto Lopez, for his bravery in helping rescuing a
fellow citizen from a burning car, as arranged by Supervisor Antonovich.
Presentation of pet(s) to the television audience for the Countys Pet Adoption
Program, as arranged by Supervisor Antonovich. (13-0052)

Board of Supervisors

S-1.

Statement Of Proceedings

December 3, 2013

9:30 a.m.
Reorganizational meeting and election of Chair Pro Tem for 2013-14 .
(13-5534)
Arnold Sachs addressed the Board.
Having assumed the Office of Chairman of the Board of Supervisors at
9:30 a.m. on Tuesday, December 3, 2013, pursuant to Section 7 of the
Rules of the Board, to serve in such capacity until the hour of 12:00 noon
on Monday, December 1, 2014 or until the election or succession of his
successor, Supervisor Knabe convened the regular meeting of the Board
of Supervisors.
The Chairman called for nominations from the Board for Chair Pro Tem.
Supervisor Ridley-Thomas nominated Supervisor Antonovich to serve as
Chair Pro Tem.
The Chairman opened up the floor to any other nominations. Being
none, the Chairman declared the nominations closed.
On motion of Supervisor Ridley-Thomas, and by Common Consent, there
being no objection, Supervisor Antonovich was elected Chair Pro Tem to
serve in such capacity until his automatic succession to the position of
Chairman, pursuant to Section 7 of the Rules of the Board, at the hour of
12:00 noon on Monday, December 1, 2014.
Said motion was duly carried by the following vote:
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Video
Audio

Page 2

Board of Supervisors

S-2.

Statement Of Proceedings

December 3, 2013

11:00 a.m.
Report by the Director of Children and Family Services on the implementation
status of the Departments Strategic Plan and budgetary priorities, as
requested by Supervisor Molina at the meeting of June 25, 2013. (Continued
from meeting of 11-5-13) (13-3370)
By Common Consent, there being no objection, this item was continued
to January 7, 2014.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Report

Page 3

Board of Supervisors

Statement Of Proceedings

December 3, 2013

II. SPECIAL DISTRICT AGENDA


STATEMENT OF PROCEEDINGS FOR THE MEETING OF
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE COUNTY OF LOS ANGELES
TUESDAY, DECEMBER 3, 2013
9:30 A.M.

1-D.

Recommendation as submitted by Supervisor Antonovich: Authorize the


Executive Director of the Community Development Commission to work with
the City of Santa Clarita to submit a resolution authorizing submission of a
Targeted Employment Area (TEA) application to the California Department of
Housing and Community Development, and approving boundaries of the
Santa Clarita Valley (SCV) Enterprise Zone targeted area, and all required
documents to Housing and Community Development (HCD), to establish the
TEA for the SCV Enterprise Zone; and to make any administrative changes to
the supporting documents, including but not limited to adding or removing the
TEA census tracts, as needed, to comply with HCD requirements. (Relates to
Agenda No. 7) (13-5561)
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Motion by Supervisor Antonovich

Page 4

Board of Supervisors

Statement Of Proceedings

December 3, 2013

III. BOARD OF SUPERVISORS 1 - 11

1.

Recommendations for appointment/reappointment to Commissions/


Committees/Special Districts (+ denotes reappointments): Documents on file
in the Executive Office.
Supervisor Molina
Ana Maria Garcia, Commission for Women
Supervisor Knabe
Ernie Castano+, Personal Assistance Services Council; also waive
limitation of length of service requirement pursuant to County Code
3.100.030A
Kent Halbmaier, Downey Cemetery District
Hal Malkin+, Little Lake Cemetery District
Supervisor Antonovich
Margaret Belton, Los Angeles County Commission for Older Adults
Henry Huang+, Information Systems Commission (13-5558)
On motion of Supervisor Yaroslavsky, seconded by Supervisor
Antonovich, this item was approved.
Ayes:

2.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Recommendation as submitted by Supervisor Ridley-Thomas: Waive the


parking fees for 250 vehicles at an estimated amount of $1,500, excluding the
cost of liability insurance, at the Kenneth Hahn State Recreation Area for the
50th Anniversary Commemoration of the Baldwin Hills Dam Failure event, to
be held December 14, 2013 from 11:00 a.m. to 4:00 p.m. (13-5562)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Antonovich, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Motion by Supervisor Ridley-Thomas

Page 5

Board of Supervisors

3.

Statement Of Proceedings

December 3, 2013

Recommendation as submitted by Supervisor Knabe: Appoint individual


Supervisors to various commissions for a specified term of office and to
various County Sanitation Districts Boards of Directors; and approve the
Departmental Chairmanship assignments. (13-5555)
On motion of Supervisor Molina, seconded by Supervisor Knabe, this
item was duly carried by the following vote, with Supervisor
Ridley-Thomas abstaining from voting on his appointment to Sanitation
District No. 9, and Supervisor Antonovich abstaining from voting on his
appointments to Sanitation District No. 17 and the Southern California
Association of Governments:
Ayes:

Attachments:

4.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Motion by Supervisor Knabe

Recommendation as submitted by Supervisor Knabe: Cancel the meetings of


Tuesday, December 23, 2014 and Tuesday, December 30, 2014. (13-5556)
Eric Preven addressed the Board.
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Motion by Supervisor Knabe

Page 6

Board of Supervisors

5.

Statement Of Proceedings

December 3, 2013

Recommendation as submitted by Supervisor Knabe: Proclaim December 7,


2013, as National Pearl Harbor Remembrance Day throughout Los Angeles
County; and encourage all citizens to participate in appropriate ceremonies
honoring the Americans who served at Pearl Harbor. (13-5549)
On motion of Supervisor Knabe, seconded by Supervisor Antonovich,
this item was approved.
Ayes:

Attachments:

6.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Motion by Supervisor Knabe

Recommendation as submitted by Supervisor Knabe: Reduce the permit fee


to $100, and waive the gross receipts fee in the estimated amount of $3,300,
excluding the cost of liability insurance, at Dockweiler State Beach for the
Operation Jack Autism Foundations Operation Jack Marathon to be held
December 26, 2013. (13-5559)
On motion of Supervisor Knabe, seconded by Supervisor Antonovich,
this item was approved.
Ayes:

Attachments:

7.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Motion by Supervisor Knabe

Recommendation as submitted by Supervisor Antonovich: Adopt a resolution


authorizing submission of a targeted employment area application to the
California Department of Housing and Community Development, and
approving boundaries of the Santa Clarita Valley Enterprise Zone targeted
area; and find that the resolution is not subject to the provisions of the
California Environmental Quality Act. (Relates to Agenda No. 1-D) (13-5565)
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was adopted.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Motion by Supervisor Antonovich

Page 7

Board of Supervisors

8.

Statement Of Proceedings

December 3, 2013

Recommendation as submitted by Supervisor Antonovich: Proclaim Monday,


April 7, 2014 as Volunteers: Community Heroes Day throughout Los Angeles
County, and approve the following:
Authorize the Chief Executive Officer to appropriate $35,000 for the
2014 County Volunteer Program, including the annual Volunteer of the
Year Recognition and Awards Ceremony on April 7, 2014, the annual
Volunteer Insurance Workshop on July 16, 2014 and the annual
Volunteer Program planning meeting on November 19, 2014;
Request that departmental volunteer coordinators submit to the Chief
Executive Office of Workplace Programs quarterly reports on the
number of volunteer hours donated to their respective departments;
Request that the Chief Executive Office, the Internal Services
Department and departmental coordinators provide the necessary
support for the 2014 County Volunteer Program;
Request the Music Center to waive the facility use fees in an amount
totaling $750, excluding the cost of liability insurance, for the Stern
Grand Hall and Main Lobby of the Dorothy Chandler Pavilion for the
annual Volunteer of the Year Recognition and Awards Ceremony on
April 7, 2014 from 11:00 a.m. to 3:00 p.m.;
Waive the $20 per vehicle parking fee for 170 vehicles in an amount
totaling $3,400, excluding the cost of liability insurance, at the Music
Center Garage for honorees and guests attending the annual Volunteer
of the Year Recognition and Awards Ceremony on April 7, 2014 from
11:00 a.m. to 3:00 p.m.;
Waive the $20 per vehicle parking fee for 20 vehicles in an amount
totaling $400, excluding the cost of liability insurance, at the Music
Center Garage for departmental volunteer coordinators to attend the
annual Volunteer Program Insurance Workshops on July 16, 2014 from
8:00 a.m. to 12:00 p.m.; and

County of Los Angeles

Page 8

Board of Supervisors

Statement Of Proceedings

December 3, 2013

Waive the $20 per vehicle parking fee for 20 vehicles in an amount
totaling $400, excluding the cost of liability insurance, at the Music
Center Garage for departmental volunteer coordinators to attend the
Volunteer Program planning meeting on November 19, 2014 from 8:00
a.m. to 12:00 p.m. (13-5560)
On motion of Supervisor Antonovich, seconded by Supervisor
Yaroslavsky, this item was approved.
Ayes:

Attachments:

9.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Motion by Supervisor Antonovich

Executive Officer of the Boards recommendation: Approve the Hearing


Officers recommendation to rescind the sale of Assessor Identification No.
8357-002-102, located at 1484 W. Orange Grove Avenue, Pomona (1); and
instruct the Executive Officer of the Board to notify the Assessor and the other
parties to the sale that the sale will be rescinded and the purchase price of
$7,034.60 plus interest in the amount of $51.19 will be refunded to the
purchaser of the parcel. (13-5543)
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 9

Board of Supervisors

10.

Statement Of Proceedings

December 3, 2013

Executive Officer of the Boards recommendation: Approve the Hearing


Officers recommendation to uphold the sale of the following Assessor
Identification Nos. (AIN); and instruct the Executive Officer of the Board to
notify the Petitioner and the other parties to the sale that the sale will not be
rescinded:
AIN 5016-014-005, located at 4620, 4622 and 4624 S. Western Avenue,
Los Angeles (2); and
AIN 4444-030-010, located at 2361 Waring Drive, Agoura Hills (3).
(13-5548)
Richard Knickerbocker addressed the Board.
The Board tabled the item for further discussion.
Later in the meeting, John Krattli, County Counsel, addressed the Board.
The Chairman ordered a division of the question.
After discussion, on motion of Supervisor Knabe, seconded by
Supervisor Ridley-Thomas, the Board took the following actions:
1. Approved the portion of the item related to AIN 5016-014-005,
located at 4620, 4622 and 4624 S. Western Avenue,
Los Angeles; and
2. Continued the portion of the item related to AIN 4444-030-010,
located at 2631 Waring Drive, Agoura Hills, one week to
December 10, 2013.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter
Board Letter
Video
Audio

Page 10

Board of Supervisors

Statement Of Proceedings

December 3, 2013

Arts Commission

11.

Recommendation: Approve the deaccession of the County-owned artwork by


Lee Whitten created for the Manhattan Beach Library in 1975 from the County
Civic Art Collection, and donate the artwork to the City of Manhattan Beach for
public display within the City, at a total value of $30,000 for the removal,
restoration, and reinstallation funded by the County Library budget; and
authorize the Executive Director to prepare and execute an Artwork Transfer
Agreement with the City to effectuate the donation of the artwork. 4-VOTES
(13-5465)
On motion of Supervisor Yaroslavsky, seconded by Supervisor
Antonovich, this item was continued two weeks to December 17, 2013.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 11

Board of Supervisors

Statement Of Proceedings

December 3, 2013

IV. CONSENT CALENDAR 12 - 59


Chief Executive Office

12.

Recommendation: Accept a grant award in the amount of $9,296,087, with no


match requirement, from the Fiscal Year 2013 Homeland Security Grant
Program (HSGP), distributed through the California Office of Emergency
Services; approve an appropriation adjustment in the amount of $12,837,000
to distribute the HSGP funding to the following impacted departments; adopt
the Governing Body Resolution authorizing the Chief Executive Officer to
apply for and execute HSGP grant awards and all future amendments,
modifications, extensions, and augmentations as necessary for the HSGP
grants, to enhance the capacity of State and local agencies to respond to
incidents of terrorism, particularly those involving chemical, biological,
radiological, nuclear, and explosive incidents, as well as natural disasters;
authorize the Chief Executive Officer to enter into subrecipient agreements
with cities providing for use and re-allocation of these funds, and to execute all
future amendments, modifications, extensions, and augmentations relative to
the subrecipient agreements, as necessary; and authorize the Director of
Internal Services to proceed with the solicitation and purchase of capital asset
items in excess of $250,000: (Chief Executive Office, Sheriffs Department,
and Fire Department) 4-VOTES
Medical Examiner/Coroner in the amount of $149,000
District Attorney in the amount of $6,000
Fire Department in the amount of $640,000
Department of Health Services - Administration in the amount of
$768,000
Chief Executive Office/Office of Emergency Management, Emergency
Preparedness and Response in the amount of $9,296,000
Sheriffs Department in the amount of $1,978,000 (13-5520)
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was adopted.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 12

Board of Supervisors

13.

Statement Of Proceedings

December 3, 2013

Recommendation: Approve and instruct the Chairman to sign a three-year


contract with American Substance Abuse Professional Drug Solutions, Inc. at
an approximate annual cost of $92,000 and approximate total cost for the
three-year term of $276,000, to continue to maintain the Countys
Federally-mandated employee drug and alcohol testing program for its
commercial drivers, commencing on January 1, 2014; approve the option to
extend the contract for two one-year terms at an annual approximate cost of
$92,000 and approximate total cost of $184,000; and authorize the Chief
Executive Officer to approve and execute all extension options, any
non-substantive changes, as well as terms and conditions required by the
Board, and to increase the annual contract amount up to 15% for additional
work within the scope of the contract. (13-5491)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Agreement No. 78079

County of Los Angeles

Page 13

Board of Supervisors

14.

Statement Of Proceedings

December 3, 2013

Recommendation: Approve recommended additions, deletions, and changes


to existing Board-adopted policies and positions for inclusion in the 2013-14
State Legislative Agenda; and instruct the Chief Executive Officer and affected
departments to work with the County delegation, other counties and local
governments, and interest groups to pursue these policies, positions, and
priorities in the State Legislature, and with the Administration and its agencies.
The following portions of the 2013-14 State Legislative Agenda were duly
carried by the following vote:
General State Legislative Principles, Item No. 5 to support
proposals that reduce the two-thirds vote requirement for
increasing revenues; and
Section 11 Transportation, Item No. 9 to support legislation to
reduce the vote requirement for enacting a county-wide sales or
gas tax transportation measure. (13-5530)
Ayes:

3-

Supervisor Molina, Supervisor Ridley-Thomas and


Supervisor Yaroslavsky

Noes:

2-

Supervisor Antonovich and Supervisor Knabe

The following portions of the 2013-14 State Legislative Agenda were duly
carried by the following vote:
Section 2. ENVIRONMENT, NATURAL RESOURCES AND
RECREATION, Subsection 2.5 Watershed Management and Flood
Control, Item No. 4 to support legislation to allow counties, flood
control districts, and other public agencies to implement
stormwater fees, upon voter approval and/or consistent with the
requirements of Proposition 218 of 1996, to adequately fund clean
water programs;

County of Los Angeles

Page 14

Board of Supervisors

Statement Of Proceedings

December 3, 2013

Section 4. HEALTH, Subsection 4.11 Implementation of Health Care


Reform, Item Nos. 1-17:
1.

Support legislation that would implement provisions of


Federal health care reform by increasing access to care while
maintaining and/or expanding the County's funding as a safety
net provider to continue health care, emergency and trauma
care services, and medical education programs through the
existing infrastructure of hospitals, Multi-Service Ambulatory
Care Centers, health centers, and public-private partnerships;

2.

Oppose legislation that would result in the reduction of the


County's funding as a safety net provider of health care to the
uninsured, emergency and trauma care services and medical
educational programs in order to implement Federal health
care reform;

3.

Support proposals that establish funding for workforce


development and infrastructure for mental health care and
substance abuse providers under Federal health care reform;

4.

Support proposals to reform Medicaid, including the State


Safety Net Care Pool and Section 1115 Waiver components, to
increase Medicaid funds for priority areas, such as primary
and preventive health care, without reducing total available
Medicaid funding levels;

5.

Support proposals which define essential health benefits,


pursuant to Federal health care reform, in a comprehensive
manner that promote high-quality, patient-centered, and
cost-effective health care service;

6.

Support proposals that expand health care coverage to the


fullest extent allowed under the Affordable Care Act, without
eroding existing coverage;

7.

Support proposals that simplify the health coverage


enrollment and renewal processes to administer and facilitate
use and access for clients;

County of Los Angeles

Page 15

Board of Supervisors

Statement Of Proceedings

December 3, 2013

8.

Support proposals that simplify and coordinate the health care


enrollment and renewal process with existing programs such
as CalFresh; and continue the use of county human services
agencies to administer initial and ongoing Medi-Cal eligibility,
including the Los Angeles County LEADER system and other
county automation consortia, which interface with the Health
Care Exchange;

9.

Support proposals that expand and enhance data matching to


minimize paper verifications and decrease processing time for
enrollment for health care coverage;

10. Support proposals that provide coverage expansion built upon


the traditional delivery systems used by the Medi-Cal and
uninsured such as the Two-Plan Model and safety net
providers;
11. Support proposals that incorporate the Low-Income Health
Plans created under the 2010 California Medicaid Waiver into
the new delivery systems created under the Affordable Care
Act;
12. Support proposals that include incentives for providers to
deliver high-quality, coordinated, integrated, and cost-effective
care across all levels of health care delivery;
13. Support proposals to ensure that coverage expansion
includes mechanisms that protect existing patient-provider
relationships from unnecessary disruption and ensure
continuity of care;
14. Support proposals that create comprehensive benefits to the
fullest extent allowed in the Affordable Care Act, including
mental health and substance use disorder services, without
eroding previously implemented Federal Medical options and
existing waivers;

County of Los Angeles

Page 16

Board of Supervisors

Statement Of Proceedings

December 3, 2013

15. Support proposals that maintain the Prevention and Public


Health Fund, recognizing that health improvement results from
investments in population health efforts and not just medical
care;
16. Support proposals that continue funding for the safety net
system to maintain services for populations not covered by
the Affordable Care Act; and
17. Support proposals that allow the State to take full advantage
of opportunities under the Affordable Care Act to maximize
revenues such as, opting into enhanced benefits, special
payments and incentives for innovation and quality. (13-5530)
Ayes:

4-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky and Supervisor Knabe

Noes:

1-

Supervisor Antonovich

The following portions of the Recommended Changes to the 2013-14


State Legislative Agenda were duly carried by the following vote:
Section 4. HEALTH, Subsection 4.13 Dental Health Coverage, Item
Nos. 1 and 2:
1. Support proposals to require public and private insurers to
offer full coverage for dental and oral health care services;
and
2. Support proposals that improve access to dental and oral
health care services for children and adults; and

County of Los Angeles

Page 17

Board of Supervisors

Statement Of Proceedings

December 3, 2013

Section 12. UTILITIES AND INFRASTRUCTURE, Subsection 12.1


Energy, Item No. 16 to support proposals and funding which assist
local governments in the development and implementation of
Climate Action Plans that aim to reduce energy and water
consumption, equipment and fleet emissions, and other
greenhouse gas emissions targeted under AB 32 (Chapter 488,
Statutes of 2006). (13-5530)
Ayes:

4-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky and Supervisor Knabe

Noes:

1-

Supervisor Antonovich

On motion of Supervisor Knabe, seconded by Supervisor Molina, the


balance of the 2013-14 State Legislative Agenda and Recommended
Changes to the 2013-14 State Legislative Agenda were duly carried by
the following vote: (13-5530)
Ayes:

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter
2013-14 State Legislative Agenda
Video
Audio

County of Los Angeles

Page 18

Board of Supervisors

Statement Of Proceedings

December 3, 2013

County Operations

15.

Recommendation: Approve and instruct the Chairman to sign an agreement


with Pictometry International Corp. (Pictometry), for an initial phase of four
years with a maximum contract sum of $2,261,095.85, for the acquisition of
Countywide digital aerial data products, effective upon Board approval; and
take the following related actions: (Chief Information Office)
Authorize the Chief Information Officer to execute future amendments to
the agreement in order to add acquisition of other products included in
Pictometry's proposal, such as Digital Terrain Data; and extend the term
of the agreement for a maximum of three additional phases, with each
phase up to four years long, when it is determined that funding from
project participants will ensure full cost recovery;
Approve and instruct the Chairman to execute an amendment to the
agreement with Dewberry & Davis Services Operations, Inc. to acquire
digital aerial data quality assurance/quality control, creation of certain
images, and distribution of all Los Angeles Regional Imagery
Consortium (LAR-IAC4) data products to the project participants. The
amendment will extend the existing agreement term for one year with
two one-year options, at the County's discretion, and increase the
maximum contract sum by $500,951 from $1,699,517 to $2,200,468;
and
Approve the use of $2,000,000 from the Information Technology Fund
(ITF) to encumber necessary funding and, if required, to ensure timely
payment of invoices for each agreement established to support
LAR-IAC4. The requested funds will be returned to the ITF on receipt of
committed funds from participating municipalities and other government
agencies. (13-5516)
Dr. Genevieve Clavreul addressed the Board.
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was approved.
Ayes:

Attachments:

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter
Video
Audio

Agreement Nos. 78077 and 78078


County of Los Angeles

Page 19

Board of Supervisors

16.

Statement Of Proceedings

December 3, 2013

Recommendation: Approve and instruct the Chairman to sign an amendment


to the County Master Services Agreement with EMC Corporation to amend the
maximum amount authorized for Calendar Year 2013 from $3,500,000 to
$3,800,000, and to amend the maximum amount authorized for Calendar Year
2014 from $3,500,000 to $5,000,000, for streamlined access to technical and
consulting services for the planning, implementation, and support for County
information systems utilizing EMCs Documentum enterprise content
management software; and authorize the Chief Information Officer to exercise
the last two-year option extending the term from July 6, 2014 to July 5, 2016.
(Chief Information Office) (13-5517)
Dr. Genevieve Clavreul addressed the Board.
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was approved.
Ayes:

Attachments:

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter
Video
Audio

Agreement No. 77036, Supplement 2

County of Los Angeles

Page 20

Board of Supervisors

17.

Statement Of Proceedings

December 3, 2013

Recommendation: Approve and authorize the Chief Information Officer to


open a Google Developers Publishing Account (Account), the most recent
version provided in the Google Developer Distribution Agreement, with a
one-time fee of $25.00, which will govern the development of mobile
applications for Android-branded devices, to be distributed solely by Google
using its Google Play Marketplace Store, commencing on the Chief
Information Officers acceptance thereof and continuing until terminated by
either party; and authorize the Chief Information Officer to: (Chief Information
Office)
Administer the Account on behalf of the County and ensure departments
conform to County obligations when developing applications under said
account; and
Accept modifications to the Account as made from time-to-time by
Google, and to terminate the Account if the Chief Information Officer
determines it to be in the best interest of the County. (13-5518)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

18.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter
Video
Audio

Recommendation: Declare the election results of the November 19, 2013,


Assembly District 45 Special General Election official.
(Registrar-Recorder/County Clerk) (13-5229)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 21

Board of Supervisors

Statement Of Proceedings

December 3, 2013

Children and Families' Well-Being

19.

Recommendation: Approve the term extensions to the following Safe and


Stable Families Program Service categories along with Child Abuse
Prevention Intervention and Treatment, and Prevention Initiative
Demonstration Project contracts, at an estimated aggregate maximum annual
cost of $45,515,268 , for the period of January 1, 2014 through June 30, 2014 ,
to allow the Department of Children and Family Services to complete the
Promoting Safe and Stable Families Redesign Safe Children and Strong
Families Services solicitation process until new contracts are in place, with
sufficient funding included in the Departments Adopted Budget for Fiscal Year
2013-14; authorize the Director to execute amendments to extend the terms of
the contracts and to increase contracts in the event current Fiscal Year
unexpended funds become available, execute amendments to
increase/decrease contracts in the event budget allocation increases or
decreases not to exceed 10% of the maximum annual contract sum , and to
extend and execute contract amendments on a month-to-month basis beyond
June 30, 2014, in the event new contracts are not in place by the expected
date of July 1, 2014: (Department of Children and Family Services)
Adoption Promotion Support Services at a maximum annual cost of
$2,983,517, if required, financed using 93% Federal revenue, and 7%
Net County Cost;
Family Preservation at a maximum annual cost of $31,556,719, if
required, which includes a one-time rollover funding of $1,850,000 from
unspent Fiscal Year 2012-13 to Fiscal Year 2013-14 funds, financed
using 5% Federal and 32% State revenue, and 63% Net County Cost;
Family Support at a maximum annual cost of $3,301,057, if required,
financed using 56% Federal revenue, and 44% Net County Cost;
Child Abuse Prevention Intervention and Treatment at a maximum
annual cost of $5,173,975, financed using $3,112,000 in AB 1733 State
revenue and $2,061,975 in AB 2994 Net County Cost; and

County of Los Angeles

Page 22

Board of Supervisors

Statement Of Proceedings

December 3, 2013

Prevention Initiative Demonstration Project at a maximum annual cost of


$2,500,000, financed using 36.6% Federal and 32.8% State revenue,
and 30.6% Net County Cost. (13-5471)
Philip Browning, Director of Children and Family Services, responded to
questions posed by the Board.
After discussion, on motion of Supervisor Ridley-Thomas, seconded by
Supervisor Knabe, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter
Video
Audio

Page 23

Board of Supervisors

20.

Statement Of Proceedings

December 3, 2013

Recommendation: Approve and authorize the Director of Public Social


Services to prepare and execute contracts for General Relief Opportunities for
Work (GROW) Job Services with four agencies for a three-year term in the
annual amount of $7,731,685 and a total cost of $23,195,055, effective
January 1, 2014 through December 31, 2016, for agencies to continue to
provide vital job services to the Countys GROW Program participants to help
obtain jobs and achieve self-sufficiency, and to include a specialized Job Club
for GROW transition aged youth 18-24 years old to be implemented
Countywide, financed with CalFresh Employment and Training funds and Net
County Cost in the annual amounts of approximately $3,556,575 and
$4,175,110, respectively; and authorize the Director to: (Department of
Public Social Services)
Prepare and execute amendments to the GROW Job Services contracts
in instances which affect the scope of work, term, contract sum,
payment terms, or any other term or condition in the contract; additions
and/or changes required by the Board or Chief Executive Officer; and
changes to be in compliance with applicable County, State, and Federal
regulations, or increases or decreases of no more than 10% of the
original contract amounts based on contractors performance,
community needs, and funding availability. (13-5528)
Sheryl Spiller, Director of Public Social Services, and William T Fujioka,
Chief Executive Officer, responded to questions posed by the Board.
After discussion, Supervisor Antonovich instructed the Chief Executive
Officer, in conjunction with the Director of Public Social Services, to
report back on how to enhance fraud detection on the various programs
that are offered by the Department of Public Social Services.
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Molina, this item was duly carried by the following vote:
Ayes:

4-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky and Supervisor Knabe

Abstentions:

1-

Supervisor Antonovich

Attachments:

County of Los Angeles

Board Letter
Report
Video
Audio

Page 24

Board of Supervisors

Statement Of Proceedings

December 3, 2013

Health and Mental Health Services

21.

Recommendation: Approve and authorize the Director of Health Services to


execute an amendment to the agreement with Alert Communications, Inc., to
extend the term for one year for the period of January 1, 2014 through
December 31, 2014, at an estimated cost of $159,900, with an option to
further extend the agreement for up to six additional months, on a
month-to-month basis, for the continued provision of 24-hour Telephone
Communication Support Services, and to revise the terms of the agreement to
continue services to Healthy Way LA members following their transition into
the Medi-Cal Managed Care Program , and offer those services to other
managed care patients assigned to the Department of Health Services,
effective upon Board approval; and authorize the Director to: (Department of
Health Services)
Execute future amendments to the agreement to exercise the option to
extend the term on a month-to-month basis for up to six additional
months; and
Make modifications to the scope of work that improve operational
effectiveness and allow the Department the flexibility to respond timely
to changes presented by health care reform, offer contractor's services
to other Department of Health Services patients , and incorporate
provisions consistent with County Code, Board policy, and Chief
Executive Office contracting requirements. (13-5475)
Dr. Genevieve Clavreul addressed the Board.
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter
Video
Audio

Page 25

Board of Supervisors

22.

Statement Of Proceedings

December 3, 2013

Recommendation: Authorize the Director of Health Services to execute an


amendment to the agreement with Cerner Corporation (Cerner) for the
provision of an Electronic Health Record System, also known as the Online
Realtime Centralized Health Information Database (ORCHID) (Project), with
no change to the maximum contract sum, effective upon execution, to expend
pool dollars in the amount of approximately $6,830,000 in one-time fees and
approximately $10,300,000 in recurring fees over a 15-year term for the
acquisition, implementation, hosting, and support of Cerners cardiology
licensed software as part of the optional work prior to Go-Live and based on
the financial terms set forth in the agreement; also authorize the Director to
execute change orders prior to the completion of Go-Live for expenditure of
pool dollars of up to approximately $6,630,000 for the acquisition of additional
end-user training professional services as part of optional work; and authorize
the Director to: (Department of Health Services) (NOTE: The Chief
Information Officer recommended approval of this item.)
Amend the agreement to revise the date of the system validation
session and the dates of any dependent tasks, including the change of
the Go-Live date by the equal number of days; modify all cluster Go-Live
dates so they fall on the first of the calendar month; revise the order of
cluster implementation and the Go-Live date of any cluster and any
subsequent dependent cluster Go-Live date, task deliverable or event
up to a combined total of 120 days in order to account for any
unexpected delays to the Project schedule or otherwise determined by
the Director, to be in the best interest of the ORCHID Project and the
County; and

County of Los Angeles

Page 26

Board of Supervisors

Statement Of Proceedings

December 3, 2013

Amend equipment maintenance and information technology agreements


to facilitate successful and timely implementation of the ORCHID
Project, including but not limited to, the acquisition of interfaces and
related services, procurement of professional services,
migration/archival of data and related professional services, extension of
the term of agreements, increase of maximum agreement sums to
effectuate the required aforementioned changes based on industry
standard rates, and termination of such agreements in whole or in part
in accordance with the terms of each agreement at a total estimated
cost of $3,800,000. (13-5526)
Dr. Genevieve Clavreul addressed the Board.
On motion of Supervisor Molina, this item was duly carried by the
following vote:
Ayes:

4-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky and Supervisor Knabe

Abstentions:

1-

Supervisor Antonovich

Attachments:

County of Los Angeles

Board Letter
Video
Audio

Page 27

Board of Supervisors

23.

Statement Of Proceedings

December 3, 2013

Recommendation: Approve and authorize the Director of Health Services to


execute an amendment to the agreement with i2i Systems, Inc., to transfer
payment obligations, duties and responsibilities from L.A. Care Health Plan to
the County, commencing upon execution by both parties with an annual
maintenance fee of $50,070 for each annually renewed term up to a maximum
of seven years, and an additional payment of up to a maximum amount of
$150,000 during the term of the agreement and any renewal periods, for the
provision of continued maintenance and support for a patient centered medical
home population management registry; also authorize the Director to amend
the agreement to increase the sum annually by no more than 10% above the
annual maintenance fee, for an additional annual amount of $5,007; increase
the customization maximum amount by 10% for the provision of unforeseen
and unanticipated expenses for an additional one-time amount of $15,000;
and perform administrative changes to the agreement, including but not limited
to the addition, modification, or removal of any relevant terms and conditions
to clarify terms and conditions and otherwise comply with changes in
applicable law. (Department of Health Services) (NOTE: The Chief
Information Officer recommended approval of this item.) (13-5507)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 28

Board of Supervisors

24.

Statement Of Proceedings

December 3, 2013

Recommendation: Approve and authorize the Director of Health Services to


accept the accounts listed below for compromise offers of settlement for
patients who received medical care at either County facilities and/or at
non-County operated facilities under the Trauma Center Service Agreement:
(Department of Health Services)
Harbor-UCLA Medical Center - Various Account Nos. in the amount of
$8,206
Harbor-UCLA Medical Center - Various Account Nos. in the amount of
$8,333
Harbor-UCLA Medical Center - Various Account Nos. in the amount of
$16,472
LAC+USC Medical Center - Various Account Nos. in the amount of
$18,300
Harbor-UCLA Medical Center - Various Account Nos. in the amount of
$50,000
Non-County facilities
Emergency Medical Services - Account No. 537 in the amount of $4,550
Emergency Medical Services - Account No. 535 in the amount of
$16,261 (13-5484)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 29

Board of Supervisors

25.

Statement Of Proceedings

December 3, 2013

Recommendation: Approve and authorize the Director of Mental Health to


prepare and execute 134 Legal Entity Agreements with various Legal Entity
contractors, which will supersede each Legal Entity Contractors existing
agreement for mental health services in order to implement Medicaid
Coverage Expansion under the Patient Protection and Affordable Care Act
(ACA), and to ensure uniformity of all Legal Entity Agreements, for a total
maximum contract amount (MCA) of $960,667,933 for Fiscal Year 2013-14,
$545,431,356 for Fiscal Year 2014-15, and $3,360,934 for Fiscal Year
2015-16, effective January 1, 2014, the term of each agreement will be the
same term as the Legal Entity contractors existing agreement, either through
June 30, 2014, June 30, 2015, or June 30, 2016; and authorize the Director to:
(Department of Mental Health) 4-VOTES
Approve the appropriation adjustment in the amount of $21,584,000, to
increase Services and Supplies to provide the additional spending
authority to implement Medicaid Coverage Expansion under the ACA,
fully funded by Federal Medi-Cal;
Authorize the Director to prepare and execute future amendments to the
agreements, including amendments that increase the MCAs, provided
that the County's total payment in any Fiscal Year does not exceed an
increase of 20% from the applicable MCA, the per diem rate increase
does not exceed rates established by the State for the Institutions for
Mental Disease providers only, any such increase is used to provide
additional services or to reflect program and/or policy changes, the
Board has appropriated sufficient funds for all changes; and

County of Los Angeles

Page 30

Board of Supervisors

Statement Of Proceedings

December 3, 2013

Authorize the Director to prepare and execute future amendments to the


agreements, including amendments that further increase the MCAs for
the sole purpose of providing mental health services to newly eligible
Medicaid Coverage Expansion beneficiaries, provided that the increase
in the Countys total payment in any Fiscal Year does not exceed an
additional increase of 30% from the applicable MCA, any such increase
is for the sole purpose of providing mental health services to newly
eligible Medicaid Coverage Expansion beneficiaries, with no additional
cost to the County, and the Board has appropriated sufficient funds for
all changes. (13-5531)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was continued one week to December 10, 2013.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 31

Board of Supervisors

26.

Statement Of Proceedings

December 3, 2013

Recommendation: Establish Capital Project No. 77580, Specs. No. 7265 for
the proposed Downtown Mental Health Clinic Project (Project) located at 529
South Maple Avenue, Los Angeles (2); approve an appropriation adjustment to
transfer $1,000,000 from Committed for Budget Uncertainties in Mental Health
Services Act-Prop 63 Fund, BT1 Fund, to Capital Project No. 77580, to fund
design services for the proposed Project; and authorize the Director of Public
Works to complete the design of the proposed Project. (Department of
Mental Health) 4-VOTES (13-5529)
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was approved.
Ayes:

Attachments:

27.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Recommendation: Approve and authorize the Director of Mental Health to


prepare and execute an amendment to a sole-source services agreement with
Mental Health Advocacy Services, Inc., to extend the agreement for the
remaining six months of Fiscal Year 2013-14, on a month-to-month basis at a
monthly cost of $33,741, for a Total Compensation Amount (TCA) not to
exceed $202,450 for the six-month period, funded by Sales Tax Realignment
revenue, to provide continued assistance to mental health clients with filing
applications for financial benefits, and to provide advocacy services for
families in need of Special Education services from public schools; also
authorize the Director to prepare and execute future amendments to the
services agreement, including amendments that increase the TCA, provided
that the Countys total payments to the contract provider in any fiscal year do
not exceed an increase of 10% from the TCA, and any such increase will be
used to provide additional services or to reflect program and/or Board policy
changes. (Department of Mental Health) (13-5453)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 32

Board of Supervisors

28.

Statement Of Proceedings

December 3, 2013

Recommendation: Approve and authorize the Director of Mental Health to


prepare and execute an amendment to the existing Legal Entity Agreement
with Tessie Cleveland Community Services Corp., to add $1,134,651 for Fiscal
Year 2013-14, increasing the maximum contract amount (MCA) to
$10,134,573, to provide mental health services for Children, Transition Age
Youth, and Older Adults in Service Areas 6, 7, and 8 (2), effective upon Board
approval; also authorize the Director to prepare and execute future
amendments to the agreement, as necessary, establish $10,134,573 as a new
MCA, and further amend the agreement, as necessary, provided that the
Countys total payments to the contract provider in any fiscal year will not
exceed an increase of 20% from the last Board approved MCA, and any such
increase is used to provide additional services, or to reflect program and/or
policy changes. (Department of Mental Health) (13-5468)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

29.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Recommendation: Approve and authorize the Director of Mental Health to


terminate the current 1115 Waiver Demonstration Project Community Partner
Agreements with various agencies effective January 1, 2014, due to the
sunset of the Low Income Health Program under the 1115 Waiver
Demonstration Project on December 31, 2013. (Department of Mental
Health) (13-5498)
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 33

Board of Supervisors

30.

Statement Of Proceedings

December 3, 2013

Recommendation: Authorize the Director of Public Health to execute a


contract amendment with California Family Health Council, Inc. at an annual
maximum obligation of $820,000 to extend the contract term for two additional
12-month periods effective January 1, 2014 through December 31, 2015,
100% offset by Centers for Disease Control (CDC) and Prevention funds, for
the provision of Sexually Transmitted Disease Infertility Prevention Project
services; also authorize the Director to execute the following: (Department of
Public Health)
Amendments to the contracts with 28 providers for HIV Testing
Services, at a total maximum obligation of $13,367,618, to modify the
pay-for-performance reimbursement measures and to extend the
contract terms for two additional 12-month periods, effective January 1,
2014 through December 31, 2015, 100% offset by CDC funds;
An amendment to the contract with T.H.E. Clinic, Inc., to include new
program requirements with the addition of performance measures for
storefront testing that include: number of tests performed, HIV positivity
rate, number of Partner Services referrals, and linkage to care rates,
associated with the delivery of Storefront Testing services and a
corresponding revised payment methodology, effective January 1, 2014;
and extend the contract term, effective September 30, 2014 through
December 31, 2014, at a maximum obligation of $25,000, and effective
January 1, 2015 through December 31, 2015 at a maximum obligation
of $100,000; 100% offset by CDC funds;
Amendments to 30 contracts that extend the term through December
31, 2016, adjust the term through June 30, 2017, allow the rollover of
unspent contract funds, and/or provide an increase or decrease in
funding up to 25% above or below each terms annual base maximum
obligation, effective upon amendment execution or at the beginning of
the applicable contract term; and make corresponding service
adjustments as necessary; and

County of Los Angeles

Page 34

Board of Supervisors

Statement Of Proceedings

December 3, 2013

Change notices to the 30 aforementioned contracts that authorize


modifications to or within schedule budget categories within each
budget, and corresponding service adjustments, as necessary, changes
to hours of operation and/or service locations, and/or corrections of
errors in the contracts terms and conditions. (13-5502)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 35

Board of Supervisors

Statement Of Proceedings

December 3, 2013

Community Services

31.

Recommendation: Find that park maintenance services can be performed


more economically by an independent contractor; approve and instruct the
Chairman to sign a contract with Far East Landscape and Maintenance Inc., at
an annual base contract cost of $86,271, for a term of five years with three
one-year renewal options, for a maximum potential term of eight years, and an
anticipated total maximum contract cost of $690,166, for park maintenance
services at Adventure Park in Whittier (4), effective January 1, 2014; authorize
the Director of Parks and Recreation to exercise the three contract renewal
options annually, if services are still required and are cost effective, which may
include a Cost of Living Adjustment subject to approval by the Chief Executive
Officer, and to increase the contract cost by 10%, as needed, during each
contract year totaling up to $8,627 as a contingency amount for unforeseen
services/emergencies and/or additional work within the scope of the contract,
which could increase the total annual contract amount to a maximum of
$94,898; and find that approval of the contract is exempt from the California
Environmental Quality Act. (Department of Parks and Recreation)
(13-5508)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Agreement No. 78076

County of Los Angeles

Page 36

Board of Supervisors

32.

Statement Of Proceedings

December 3, 2013

Recommendation: Approve and instruct the Director of Parks and Recreation


to execute a 22-year and five-month lease agreement with American Golf of
Glendale, for the management, operation and maintenance of the Whittier
Narrows County Golf Course (1), effective January 1, 2014, with the County to
realize revenue totaling an estimated amount of $39,194,000 over the
recommended term of the lease agreement; and find that approval of the
agreement is exempt from the California Environmental Quality Act.
(Department of Parks and Recreation) (13-5514)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was continued one week to December 10, 2013.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 37

Board of Supervisors

33.

Statement Of Proceedings

December 3, 2013

Recommendation: Award Job Order Contract (JOC) Nos. P16 and P17 to New
Creation Builders for a maximum cost of $4,300,000, each, for a total of
$8,600,000, to be financed from repair and maintenance project budgets as
deemed appropriate by the Director of Parks and Recreation in order to allow
the Department of Parks and Recreation to engage in flexible and
cost-effective unit price contracts for repair and maintenance of County park
facilities; approve various repair and maintenance projects to be performed
under JOCs P16 and P17; authorize the Director of Parks and Recreation to
prepare and execute the JOCs and to execute work orders for the various
projects, and to accept the work performed under each work order and to
release the retention upon acceptance of work; and find that the award of
JOCs is exempt from the California Environmental Quality Act. (Department
of Parks and Recreation) (13-5515)
Eric Preven addressed the Board.
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter
Video
Audio

Page 38

Board of Supervisors

34.

Statement Of Proceedings

December 3, 2013

Recommendation: Award and authorize the Director of Public Works to


execute a one-year contract with Leed Electric, Inc., in the annual sum of
$408,147 (which includes $112,000 for reimbursement of parts) for Seawater
Barriers Maintenance Services for Telemetry System and Appurtenances at
the Alamitos Barrier, Dominguez Gap Barrier and West Coast Basin Barrier
Projects (2 and 4), effective upon Board approval or execution by both parties,
whichever occurs last, with four one-year renewal options for a maximum
potential contract term of five years and a maximum potential contract sum of
$2,040,735; also authorize the Director to annually increase the contract
amount up to an additional 10% of the annual contract sum for unforeseen,
additional work within the scope of the contract, if required; adjust the annual
contract sum for each option year over the term of the contract to allow for an
annual Cost of Living Adjustment in accordance with County policy and the
terms of the contract; renew the contract for each additional renewal option
and extension period; execute amendments to incorporate necessary changes
within the scope of work; and to suspend work if it is in the best interest of the
County; and find that the contract work is exempt from the California
Environmental Quality Act. (Department of Public Works) (NOTE: The Chief
Information Officer recommended approval of this item.) (13-5497)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 39

Board of Supervisors

35.

Statement Of Proceedings

December 3, 2013

Recommendation: Find that landscape and grounds maintenance services


continue to be performed more economically by an independent contractor;
approve and authorize the Director of Public Works to execute an amendment
to the contract with Far East Landscape and Maintenance, Inc., at an
additional prorated amount of $2,234, increasing the annual contract amount
from $130,024 to $132,258, for the current contract year and an additional
amount of $13,402 to increase the annual amount from $130,024 to $143,426
for the remaining subsequent one-year option, to expand landscape and
grounds maintenance services for the San Gabriel Valley medians to include
newly constructed landscaped medians on Workman Mill Road from Dovey
Avenue to Proctor Avenue and the vines on both sides of Workman Mill Road
from Coleford Avenue to Proctor Avenue in the unincorporated area of Bassett
(1), and for maintenance of the parkway on the west side of Rosemead
Boulevard from Grayburn Road to Huntington Drive in the unincorporated area
of Pasadena (5), commencing on December 23, 2013 or execution by both
parties, whichever is later; also authorize the Director to annually increase the
contract amount up to an additional 10% of the annual contract sum for
unforeseen, additional work within the scope of the contract; and find that the
work continues to be exempt from the California Environmental Quality Act.
(Department of Public Works) (13-5470)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 40

Board of Supervisors

36.

Statement Of Proceedings

December 3, 2013

Recommendation: Find that landscape and grounds maintenance services


continue to be performed more economically by an independent contractor;
approve and authorize the Director of Public Works to execute an amendment
with TruGreen Landcare, LLC, at an additional prorated amount of $2,129,
increasing the annual contract amount from $210,158 to $212,287 for the
current and final contract year, to expand landscape and grounds
maintenance services for East Los Angeles street medians to include two
newly constructed landscaped medians on the southeast corner of Eastern
Avenue and Blanchard Street and at Indiana Street walkway from Folsom
Street to Floral Drive in unincorporated East Los Angeles (1), commencing
upon Board approval and execution by both parties, whichever is later; also
authorize the Director to increase the annual contract amount up to an
additional 10% of the contract annual sum for unforeseen, additional work
within the scope of the contract, if required; and find that the work continues to
be exempt from the California Environmental Quality Act. (Department of
Public Works) (13-5472)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 41

Board of Supervisors

37.

Statement Of Proceedings

December 3, 2013

Recommendation: Find that maintenance services can be performed more


economically by an independent contractor; award and instruct the Chairman
to sign a one-year contract with Woods Maintenance Services, Inc. in the
annual contract sum of $562,228 for enhanced maintenance services between
Eastern Avenue and Atlantic Boulevard on Whittier Boulevard in the
unincorporated County area of East Los Angeles (1) which includes $105,000
for the purchase of light emitting diode tree-rope lights and holiday lights, and
$63,000 for the installation, maintenance, and replacement cost associated
with such lights and electrical outlet enclosures, effective upon Board
approval, with four one-year renewal options at an annual contract sum of
$441,228, which includes $47,000 for the reinstallation of holiday lights, the
maintenance and replacement cost of light emitting diode tree-rope lights and
holiday lights and electrical outlet enclosures, and a monthly amount of
$36,769 for an optional month-to-month extension up to six months with a
maximum contract term of 66 months; authorize the Director of Public Works
to annually increase the contract amount up to an additional 10% of the annual
contract sum for unforeseen, additional work within the scope of the contract, if
required; renew the contract for each additional renewal option; approve and
execute amendments to incorporate necessary changes within the scope of
work, and to suspend work; and find that the contract work is exempt from the
California Environmental Quality Act. (Department of Public Works)
(13-5481)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Agreement No. 78075

County of Los Angeles

Page 42

Board of Supervisors

38.

Statement Of Proceedings

December 3, 2013

Recommendation: Consider and adopt the Mitigated Negative Declaration


(MND) for the Malibu Surfrider Beach Tank Project (Project) (3) together with
any comments received during the public review period; find that the MND
reflects the independent judgment and analysis of the Board; also adopt the
Mitigation Monitoring and Reporting Program finding that it is adequately
designed to ensure compliance with the mitigation measures during Project
implementation; find on the basis of the whole record before the Board that
there is no substantial evidence that the Project will have a significant effect on
the environment; and take the following related actions: (Department of
Public Works)
Approve the Project with a total Project budget of $529,000 funded by
prior year Net County Cost, Vehicle License Fee Gap Loan Special, and
Extraordinary Maintenance Funds;
Authorize the Acting Director of Beaches and Harbors, to enter into an
agreement with the California Department of Parks and Recreation
(State) to reimburse the State for procurement and installation of
interpretive signage of the historic saltwater swimming pool intake tank
at the Adamson House Museum for a not-to-exceed amount of $8,000,
included in the proposed Project; and
Authorize the Director of Public Works to deliver the Project using a
Board-approved Job Order Contract. (13-5494)
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was adopted.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 43

Board of Supervisors

39.

Statement Of Proceedings

December 3, 2013

Recommendation: Approve the proposed Airport Layout Plan projects for


Brackett Field (5), Compton/Woodley (2), and El Monte (1) airports (Projects),
with a total proposed estimated cost of $450,000 or $150,000 for each Airport
Layout Plan update; authorize the Director of Public Works to apply for and
accept three Federal Aviation Administration (FAA) Airport Improvement
Program Grants, and three State of California Department of Transportation
(State) California Aid to Airports Program Airport Improvement Program
Matching Grants (Grants) for the proposed Projects; approve an exception to
the County Grant Policy and authorize the Director of Public Works to timely
accept the Grants and to conduct business with the FAA and the State on all
matters related to the Grants, including execution of the grant agreements and
signing requests for reimbursement; also authorize the Director to undertake
the Projects and approve amendments, extensions of time and minor changes
in the Projects scope, and to release retention and accept the work of the
aviation planning consultant services; and find that the proposed Projects are
exempt from the provisions of the California Environmental Quality Act.
(Department of Public Works) (13-5478)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

40.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Recommendation: Approve the $2,252,000 revised project budget for the


Hancock Park Pit 91 Drainage Project (Project), Specs No. 6798, Capital
Project No. 86722, located at the La Brea Tar Pits (3), which includes plans
and specifications, jurisdictional review/plan check, construction, bid
contingency, change orders, consultant services, miscellaneous expenditures,
and County service to allow the District to proceed with the close-out of the
first phase of the Project. (Department of Public Works) (13-5506)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 44

Board of Supervisors

41.

Statement Of Proceedings

December 3, 2013

Recommendation: Approve the project and adopt the plans and specifications
for roadway reconstruction and resurfacing on Los Palacios Drive, et al.
(Project), in the unincorporated community of Rowland Heights (4), at an
estimated cost between $2,800,000 and $3,800,000; advertise for bids to be
received before 11:00 a.m. on January 7, 2014; authorize the Director of
Public Works to award and execute a consultant services agreement with the
apparent responsible contractor with the lowest responsive bid for the
preparation of a baseline construction schedule and a storm water pollution
prevention plan for a fee not to exceed $10,000 funded by existing Project
funds, and to execute a construction contract with the apparent responsible
contractor with the lowest responsive bid within the estimated cost range, and
to deliver the Project; delegate certain responsibilities to the Director to carry
out the Project; and find that the Project is exempt from the California
Environmental Quality Act. (Department of Public Works) (13-5479)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was adopted.
Ayes:

Attachments:

42.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Recommendation: Acting as the Governing Body of the County Flood Control


District, award and authorize the Director of Public Works, in her capacity as
the Chief Engineer, to execute a construction contract with Humphrey
Constructors, in the amount of $1,232,000, for Project ID No. FCC0001210 Bartolo Drain, Unit 2 Pumping Plant Pump Station Upgrade in the City of Pico
Rivera (1), for furnishing and installing an electric motor, engine controllers, a
shaft reduction gear drive, pump-control cabinets, and pressure transducers.
(Department of Public Works) (13-5505)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 45

Board of Supervisors

43.

Statement Of Proceedings

December 3, 2013

Recommendation: Acting as the Governing Bodies of the County and the


County Flood Control District (District), and as the responsible agency for the
Hollywood Park Redevelopment Project (Project) in the City of Inglewood (2),
consider the Final Environmental Impact Report prepared and certified by the
City of Inglewood (City) as lead agency for the Project, together with any
comments received during the public review period; adopt the Mitigation
Monitoring and Reporting Program finding that it is adequately designed to
ensure compliance with the mitigation measures during the Project
implementation; find that there are no further feasible alternatives or feasible
mitigation measures within the Boards power that would substantially lessen
or avoid any significant effect the Project would have on the environment; and
determine that the significant adverse effects of the Project either have been
reduced to an acceptable level or are outweighed by the specific consideration
of the Project as outlined in the Findings of Fact and Statement of Overriding
Considerations, which findings and statement are adopted and incorporated
herein by reference. Acting as the Governing Body of the County Flood
Control District, approve and instruct the Chairman to sign the Joint
Community Facilities Agreement between the City, Hollywood Park Land
Company, LLC, and the County Flood Control District (District), to allow certain
public facilities to be financed by the City of Inglewood Community Facilities
District No. 2010-1 and ultimately transferred to and owned and operated by
the District. (Department of Public Works) (13-5487)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was continued one week to December 10, 2013.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 46

Board of Supervisors

44.

Statement Of Proceedings

December 3, 2013

Recommendation: Acting as the Governing Body of the County Flood Control


District, consider and adopt the Mitigated Negative Declaration (MND) for the
proposed Oxford Retention Basin Multiuse Enhancement Project (Project) in
the unincorporated community of Marina del Rey (4), together with the
comments received during the public review process; find that the MND
reflects the independent judgment and analysis of the Board; also adopt the
Mitigation Monitoring and Reporting Program finding that it is adequately
designed to ensure compliance with the mitigation measures during Project
implementation; find on the basis of the whole record before the Board that
there is no substantial evidence that the Project will have a significant effect on
the environment; and take the following related actions: (Department of
Public Works)
Approve the project and authorize the Director to proceed with the
preconstruction phase of the Project, including the preparation of
construction documents and all necessary jurisdictional approvals;
Authorize the Director to accept the grant funding under the Proposition
84 Santa Monica Bay Restoration Commission Grant Program in the
amount of $2,000,000 to partially fund the Project, and to execute a
funding agreement or any other required documents to effectuate
acceptance of the grant funds; and
Authorize the Director of Public Works to accept grant funding under the
Proposition 84 Integrated Regional Water Management Plan in the
amount of $1,500,000 to partially fund the Project and to execute a
funding agreement or any other required documents to effectuate
acceptance of the grant funds. (13-5501)
Daniel Gottlieb, Shelley Luce, David Herbst, Marcia Hanscom and Tim
Riley addressed the Board.
On motion of Supervisor Knabe, seconded by Supervisor
Ridley-Thomas, this item was adopted.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter
Video
Audio

Page 47

Board of Supervisors

45.

Statement Of Proceedings

December 3, 2013

Recommendation: Acting as the Governing Body of the County Flood Control


District, find that the requested change in work related to replacement of flow
control gates and control systems, removal of existing gate tower and foot
bridge, removal and construction of reinforced concrete flow control and
access structures, resurfacing of access roads, and placement of stone slope
facing, with an increase in the contract amount of $45,000, will have no
significant effect on the environment; and approve the change and increased
contract amount for Project ID No. FCC0001213 - Eaton Wash Dam and
Reservoir Inlet/Outlet Works Rehabilitation, for reconstruction of access roads,
in the City of Pasadena (5), performed by Environmental Construction, Inc.
(Department of Public Works) (13-5504)
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was approved.
Ayes:

Attachments:

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Public Safety

46.

Recommendation: Acting as the Governing Body of the Consolidated Fire


Protection District, authorize the Director of Internal Services, as the
Purchasing Agent, to proceed with the acquisition of one excavator at an
approximate cost of $323,000, utilizing funding awarded through the Fiscal
Year 2012 Urban Area Security Initiative Grant Program , to enhance regional
response capabilities to Urban Search and Rescue, and Chemical, Biological,
Radiological, Nuclear, and Explosive incidents. (Fire Department) (13-5503)
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 48

Board of Supervisors

47.

Statement Of Proceedings

December 3, 2013

Recommendation: Approve and instruct the Chairman to sign the Certification


of Assurance of Compliance form required to complete the grant application;
authorize the Sheriff to apply for a grant award in the amount of $100,784, with
no match requirement, from the California Office of Emergency Services (Cal
OES) 2013 California Coverdell Program (Program); authorize the Sheriff to
sign and accept the grant award subsequent to execution by Cal OES for the
Program for the grant period from October 1, 2013 through August 31, 2014,
to provide funding to secure continued education and training programs for the
Departments full-time forensic technical staff to improve the quality,
timeliness, and credibility of Departmental investigations and evidence
examinations; and take the following related actions: (Sheriff's Department)
4-VOTES
Authorize the Sheriff to execute and submit all required grant
documents, including but not limited to, applications, agreements,
Memorandum of Understanding, amendments, modifications,
augmentations, extensions, payment requests, and grant renewals that
may be necessary for the completion of the Program;
Approve an appropriation adjustment to increase the Sheriff Department
General Support budget in the amount of $101,000 in Services and
Supplies for Fiscal Year 2013-14 , fully offset by grant funding; and
Authorize the Sheriff, as agent for the County, to submit a grant
application to Cal OES for the Program in future Fiscal Years and to
execute all required grant application documents, including assurances
and certifications, when and if such future funding becomes available.
(13-5496)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 49

Board of Supervisors

48.

Statement Of Proceedings

December 3, 2013

Recommendation: Accept a grant award in the amount of $2,750,000, with no


match requirement, from the Fiscal Year 2013 Homeland Security Grant
Program (HSGP); adopt a resolution authorizing the Sheriff, as agent for the
County to execute the grant award agreement to fund the Regional Threat
Assessment Center (RTAC) Program for the grant period from August 29,
2013 to May 31, 2015, for the prevention of terrorism and enhancing the all
crimes/all hazards support function of the Joint Regional Intelligence Center
fusion center; and authorize the Sheriff to execute all future amendments,
modifications, extensions, augmentations, and reimbursement requests
necessary to effectuate the Program; and take the following related actions:
(Sheriff's Department) 4-VOTES
Approve an appropriation adjustment to increase the Sheriffs
Department Patrol Budget Unit in the amount of $2,750,000 for Fiscal
Year 2013-14 to be fully offset by grant funding;
Authorize the Sheriff to execute the funding agreements with various
outside law enforcement agencies, including, but not limited to, the
California Department of Justice, for reimbursement of Fiscal Year 2013
HSGP funds, and to execute, as necessary, all future amendments,
modifications, extensions, and augmentations to such funding
agreements; and
Authorize the Sheriff to apply for and submit grant applications to the
California Office of Emergency Services to fund the RTAC Program in
future Fiscal Years, and to execute grant application documents,
including assurances and certifications, when, and if, such future
funding becomes available. (13-5493)
On motion of Supervisor Molina, seconded by Supervisor Antonovich,
this item was adopted.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 50

Board of Supervisors

49.

Statement Of Proceedings

December 3, 2013

Recommendation: Authorize the Sheriff, as an agent for the County, to


execute and accept a grant award in the amount of $245,380 from the United
States Department of Justice, Office of Justice Programs, Bureau of Justice
Assistance (BJA), for the 2013 Prison Rape Elimination Act (PREA) Program
for the Departments Custody Services Division, for the grant term from
October 1, 2013 to September 30, 2015, with a $245,380 in-kind match for a
total program cost of $490,760, to implement a comprehensive approach to
address, detect, prevent, and respond to sexual abuse within the Departments
detention facilities; also authorize the Sheriff to execute the Standard
Assurances and Certifications regarding lobbying, debarment, suspension,
and other responsibility matters, and drug-free workplace requirements; and
execute and submit to the BJA all required grant documents, including but not
limited to, applications, agreements, Memorandum of Understanding,
amendments, modifications, augmentations, extensions, payment requests,
and grant renewals that may be necessary for completion of the PREA
Program; and take the following related actions: (Sheriff's Department)
4-VOTES
Approve an appropriation adjustment to increase the Sheriffs
Department Custody Services Division budget in the amount of
$246,000 in Services and Supplies for Fiscal Year 2013-14, fully offset
by grant funding; and
Authorize the Sheriff to apply for and submit a grant application to the
BJA for the PREA Program in future Fiscal Years, and to execute all
required grant application documents, including assurances and
certifications, when, and if, such future funding becomes available.
(13-5500)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 51

Board of Supervisors

50.

Statement Of Proceedings

December 3, 2013

Recommendation: Approve and instruct the Chairman to sign amendments to


the following agreements to extend the terms of the agreements for two years
from January 5, 2014 through January 4, 2016, and to increase the Maximum
Contract Sum (MCS) for each contract, for the continued provision of inmate
outpatient end-stage renal dialysis treatment and professional medical
services; and authorize the Sheriff to terminate both agreements, in whole or
in part, with 30 days advance written notice, once the Department has
completed the solicitation process for new service agreements: (Sheriff's
Department)
DVA Healthcare Renal Care, Inc., and increase the MCS by $2,476,440
from $6,810,210 to $9,286,650, and increase the dialysis treatment
service rate by 7%; and
Daniel Levitan, M.D., Inc. , and increase the MCS by $145,456 from
$400,000 to $545,456, and increase the physicians professional
services rate by 10% . (13-5499)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Agreement Nos. 75746, Supplement 1 and 75747, Supplement 2

County of Los Angeles

Page 52

Board of Supervisors

51.

Statement Of Proceedings

December 3, 2013

Recommendation: Authorize the Sheriff, as agent for the County, to accept


and execute a grant award in the amount of $194,118, with no match
requirement, from the United States Department of Justice, Bureau of Justice
Assistance (BJA) for the Fiscal Year 2013 Solicited - Law Enforcement
Program (Program) to fund the Counterfeit and Piracy Enforcement (CAPE)
Team, for the grant period from October 1, 2012 through September 30, 2014 ,
to support and improve the capacity of local, State, and Federal justice
systems in addressing criminal intellectual property enforcement, including
prosecution, prevention training, and technical assistance; authorize the
Sheriff to execute and submit all required grant documents, including but not
limited to, applications, agreements, Memorandum of Understanding,
amendments, modifications, augmentations, extensions, payment requests,
and grant renewals that may be necessary for completion of the Program; also
authorize the Sheriff to apply and submit a grant application to the BJA for the
CAPE Team in future Fiscal Years, and to execute all required grant
application documents, including assurances and certifications, when and if
such future funding becomes available. (Sheriff's Department) (13-5495)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

52.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Recommendation: Approve the transfer of funds from Services and Supplies


to reimburse the Sheriff's Special Appropriation Fund in the amount of
$6,416.57. (Sheriff's Department) (13-5428)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 53

Board of Supervisors

Statement Of Proceedings

December 3, 2013

Miscellaneous Communications

53.

Request from the City of El Segundo to render specified services relating to


the conduct of a General Municipal Election to be held April 8, 2014.
(13-5509)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved; and the Registrar-Recorder/County Clerk
was instructed to comply with the City's request, provided that the City
pays all related costs.
Ayes:

Attachments:

54.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Request from the City of Lancaster to render specified services relating to the
conduct of a General Municipal Election to be held April 8, 2014. (13-5411)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved; and the Registrar-Recorder/County Clerk
was instructed to comply with the City's request, provided that the City
pays all related costs.
Ayes:

Attachments:

55.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Request from the City of Lawndale to render specified services relating to the
conduct of a General Municipal Election to be held April 8, 2014. (13-5429)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved; and the Registrar-Recorder/County Clerk
was instructed to comply with the City's request, provided that the City
pays all related costs.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 54

Board of Supervisors

56.

Statement Of Proceedings

December 3, 2013

Request from the City of Long Beach to render specified services relating to
the conduct of a Primary Nominating Election to be held April 8, 2014 and a
General Municipal Election to be held June 3, 2014. (13-5511)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved; and the Registrar-Recorder/County Clerk
was instructed to comply with the City's request, provided that the City
pays all related costs.
Ayes:

Attachments:

57.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Request from the City of Walnut to render specified services relating to the
conduct of a General Municipal Election to be held April 8, 2014. (13-5510)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was approved; and the Registrar-Recorder/County Clerk
was instructed to comply with the City's request, provided that the City
pays all related costs.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 55

Board of Supervisors

58.

Statement Of Proceedings

December 3, 2013

Request from the Paramount Unified School District (District) to adopt a


resolution authorizing the County to levy taxes in an amount sufficient to pay
the principal and accreted value of and interest on the Districts 2006 Election
General Obligation Bonds, Series 2013, in an aggregate principal amount not
to exceed $33,955,684; and instructing the Auditor-Controller to place on its
tax roll, and all subsequent tax rolls, taxes in an amount sufficient to fulfill the
requirements of the debt service schedule that will be provided to the
Auditor-Controller following the sale of the Bonds. (13-5519)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was adopted.
Ayes:

Attachments:

59.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Request from the Wiseburn School District (District) to adopt a resolution


authorizing the County to levy taxes in an amount sufficient to pay the principal
and interest on the Districts 2010 Election General Obligation Bonds, 2013
Series D, in an aggregate principal amount not to exceed $5,328,949; and
instructing the Auditor-Controller to place on its 2014-15 tax roll, and all
subsequent tax rolls, taxes in an amount sufficient to fulfill the requirements of
the debt service schedule that will be provided to the Auditor-Controller
following the sale of the Bonds. (13-5513)
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, this item was adopted.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter

Page 56

Board of Supervisors

Statement Of Proceedings

December 3, 2013

V. DISCUSSION ITEMS 60 - 66

60.

Update by the Chief Executive Officer and the Director of Health Services on
various issues relating to the Countys implementation of the Affordable Health
Care Act, as requested by the Board at the meeting of December 4, 2012.
RECEIVE AND FILE (Continued from meetings of 11-5-13, 12-3-13 and
12-10-13) (12-5685)
By Common Consent, there being no objection, this item was continued
one week to December 10, 2013.
Ayes:

Attachments:

61.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Report

Six-month report by the Chief Executive Officer on how the new film fees are
working, as requested by the Board at the meeting of April 30, 2013.
(Continued from meetings of 10-29-13 and 11-19-13) (13-4951)
William T Fujioka, Chief Executive Officer, presented a report and
responded to questions posed by the Board. Paul Audley, Film LA, Inc.,
was also present.
Arnold Sachs, Eric Preven and David Phelps addressed the Board.
After discussion, Supervisor Knabe instructed the Chief Executive
Officer to look into ways that can encourage and increase the filiming at
Grand Park, and to compare the level of filiming that took place at the
park prior to it becoming Grand Park with the level of filming from the
first period of Grand Park being open, and include this information in the
next report back to the Board.
After discussion, by Common Consent, there being no objection, the
Chief Executive Officer's report was received and filed.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Chief Executive Officer's Report


Report
Video
Audio

Page 57

Board of Supervisors

62.

Statement Of Proceedings

December 3, 2013

Chief Executive Officers Risk Management Annual report for Fiscal Year
2012-13. (13-5426)
By Common Consent, there being no objection, this item was continued
to January 14, 2014.
Ayes:

63.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

County Counsels Annual Litigation Report for Fiscal Year 2012-13 .


(13-5430)
By Common Consent, there being no objection, this item was continued
to January 14, 2014.
Ayes:

64.

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

County Counsel Litigation Cost Managers and the Chief Executive Officers
joint report that identifies specific projects or actions accomplished during the
year that supported the goal of risk management and the reduction of County
exposure to litigation and identifies joint goals and objectives for the
subsequent year. (13-5427)
By Common Consent, there being no objection, this item was continued
to January 14, 2014.
Ayes:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Page 58

Board of Supervisors

65.

Statement Of Proceedings

December 3, 2013

Report by the Director of Public Works on the substantive changes of the new
timeline and the design-build approach for the Camp Vernon Kilpatrick
Replacement Project as discussed at the meeting of November 26, 2013.
(13-5557)
Eric Preven addressed the Board.
Jim Kearns, Assistant Deputy Director, Department of Public Works,
presented a report and responded to questions posed by the Board.
William T Fujioka, Chief Executive Officer, also reponded to questions
posed by the Board.
After discussion, on motion of Supervisor Yaroslavsky, seconded by
Supervisor Ridley-Thomas, the Director of Public Works' report was
received and filed.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Report
Video
Audio

Page 59

Board of Supervisors

Statement Of Proceedings

December 3, 2013

Public Hearing

66.

Hearing on updates to the Housing Element consisting of technical revisions to


address the Regional Housing Needs Assessment allocation for the
unincorporated areas of the County; revisions to reflect recent changes in the
State Housing Element Law; updated analyses of housing needs and
resources; new programs to meet the Countys housing development goals;
determine that the Housing Element is compatible with and supports the goals
and policies of the Los Angeles County General Plan; consider and adopt the
Negative Declaration (ND) together with any comments received during the
public review process, find on the basis of the whole record before the Board
that there is no substantial evidence that the project will have a significant
effect on the environment and that the ND reflects the independent judgment
and analysis of the Board. (Department of Regional Planning) (13-5369)
All Persons wishing to testify were sworn in by the Executive Officer of
the Board. Connie Chung, representing the Department of Regional
Planning, testified. Opportunity was given for interested persons to
address the Board. Arnold Sachs, Eric Preven, Jill Shook and John
Walsh addressed the Board. No correspondence was presented.
On motion of Supervisor Ridley-Thomas, seconded by Supervisor
Knabe, the Board closed the public hearing and took the following
actions:
1. Considered and adopted the Negative Declaration (ND), together with
any comments received during the public review process, made a
finding on the basis of the whole record before the Board that there
was no substantial evidence that the project will have a significant
effect on the environment; and made a finding that the ND reflects
the independent judgment and analysis of the Board;
2. Approved the Regional Planning Commission's recommendation
as reflected in the Los Angeles County Housing Element 2014-2021,
and made a determination that it is compatible with and in support of
the goals and polices of the Los Angeles County General Plan; and

County of Los Angeles

Page 60

Board of Supervisors

Statement Of Proceedings

December 3, 2013

3. Instructed County Counsel to finalize and submit for Board


consideration a resolution adopting the Housing Element.
Ayes:

Attachments:

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter
Video
Audio

VI. MISCELLANEOUS

67.

Additions to the agenda which were posted more than 72 hours in


advance of the meeting, as indicated on the supplemental agenda.
(12-9995)

67-A. Chief Executive Officers recommendation: Approve the recommendation to


appoint Max Huntsman to the position of Inspector General for oversight and
monitoring of the Sheriffs Department at an annual salary of $204,423.
(13-5595)
Arnold Sachs, Eric Preven and David Lewis addressed the Board.
On motion of Supervisor Molina, seconded by Supervisor Knabe, this
item was approved.
Ayes:

Attachments:

County of Los Angeles

5-

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Board Letter
Memo - Appointment of Inspector General
Video
Audio

Page 61

Board of Supervisors

68.

Statement Of Proceedings

December 3, 2013

Items not on the posted agenda, to be presented and (if requested)


referred to staff or placed on the agenda for action at a future meeting of
the Board, or matters requiring immediate action because of an
emergency situation or where the need to take immediate action came to
the attention of the Board subsequent to the posting of the agenda.
(12-9996)

68-A. Recommendation as submitted by Supervisor Antonovich: Request the Sheriff


to report back in two weeks regarding the hiring process for the former
employees of the Office of Public Safety, specifically, whether exceptions were
made to the hiring standards despite a commitment to conduct a full
background on each applicant, and if so, who made those decisions and how
will they be held accountable. (13-5642)
On motion of Supervisor Antonovich, seconded by Supervisor Knabe,
this item was approved.
Ayes:

Attachments:

Supervisor Molina, Supervisor Ridley-Thomas,


Supervisor Yaroslavsky, Supervisor Antonovich and
Supervisor Knabe

Motion by Supervisor Antonovich


Report
Video
Audio

Public Comment

70.

5-

70

Opportunity for members of the public to address the Board on items of


interest that are within jurisdiction of the Board.
James C. Taylor, Oscar Johnson, John Walsh, Irene Pang, Joseph
Duvall, Almira Garza, Rabbi Klein, Eric Preven, Arnold Sachs, Morris
Griffin, Jabriel Muhammad and Michael Aguilera addressed the Board.
(13-5652)
Attachments:

County of Los Angeles

Video
Audio

Page 62

Board of Supervisors

Adjournments

71.

Statement Of Proceedings

71

On motions duly seconded and unanimously carried, the meeting was


adjourned in memory of the following persons:
Supervisor Molina
Edward Leibson
Supervisor Ridley-Thomas and All Members of the Board
Pauline Jacqueline Epps
Supervisors Yaroslavsky and Ridley-Thomas
Bernard Schwartz
Supervisor Yaroslavsky
Stella Nadelman Krieger
Supervisor Knabe
Francisco Camacho Melendez
Supervisor Antonovich and All Members of the Board
Paul Walker
Supervisors Antonovich and Knabe
Reverend Paul Crouch
Supervisor Antonovich
Joan H. Eldred
Devin Freeman
Erwin Jones
Roger Rodas
Fred Maurice Thomas (13-5651)

County of Los Angeles

Page 63

December 3, 2013

Board of Supervisors

Statement Of Proceedings

December 3, 2013

VIII. CLOSED SESSION MATTERS FOR DECEMBER 3, 2013

CS-1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION


(Paragraph (1) of Subdivision (d) of Government Code Section 54956.9)

Robert Thomas, et al., v. County of Los Angeles, Los Angeles Superior Court
Case No. TC 025583
This lawsuit involving the Sheriff's Department concerns allegations of
excessive force and wrongful death.
In Open Session, this item was continued one week to December 10,
2013. (13-4223)
CS-2. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)

Agency designated representatives: William T Fujioka, Chief Executive Officer


and designated staff
Employee Organization(s) for represented employees: The Coalition of County
Unions, AFL-CIO; Local 721, SEIU; Union of American Physicians and
Dentists; Guild For Professional Pharmacists; Peace Officers Counsel of
California; Association of Public Defender Investigators; Association of Deputy
District Attorneys; Los Angeles County Association of Environmental Health
Specialists, Professional Peace Officers Association; and
Unrepresented employees (all)
No reportable action was taken. (11-4291)
Report of Closed Session (CSR-13)
Attachments:

County of Los Angeles

Audio Report of Closed Session 12/03/2013

Page 64

Board of Supervisors

Closing

72.

Statement Of Proceedings

December 3, 2013

72

Open Session adjourned to Closed Session at 12:23 p.m. following


adjournments to:
CS-2.
Confer with Labor Negotiators, pursuant to Government Code Section
54957.6:

Agency designated representatives: William T Fujioka, Chief Executive


Officer and designated staff
Employee Organization(s) for represented employees: The Coalition of
County Unions, AFL-CIO; Local 721, SEIU; Union of American
Physicians and Dentists; Guild For Professional Pharmacists; Peace
Officers Counsel of California; Association of Public Defender
Investigators; Association of Deputy District Attorneys; Los Angeles
County Association of Environmental Health Specialists, Professional
Peace Officers Association; and
Unrepresented employees (all)
Closed Session convened at 12:26 p.m. Present were Supervisors Gloria
Molina, Mark Ridley-Thomas, Zev Yaroslavsky, Michael D. Antonovich and
Don Knabe, Chairman presiding.
Closed Session adjourned at 1:25 p.m. Present were Supervisors Gloria
Molina, Mark Ridley-Thomas, Zev Yaroslavsky, Michael D. Antonovich and
Don Knabe, Chairman presiding.
Open Session reconvened at 1:26 p.m. for the purpose of reporting actions
taken in Closed Session. Present were Supervisors Gloria Molina, Mark
Ridley-Thomas, Zev Yaroslavsky and Don Knabe, Chairman presiding.
Absent was Supervisor Michael D. Antonovich.
The Board of Supervisors of the County of Los Angeles, and ex officio the
governing body of all other special assessment and taxing districts, agencies
and authorities for which said Board so acts, adjourned its meeting at 1:27
p.m.
The next Regular Meeting of the Board will be Tuesday, December 10, 2013
at 9:30 a.m. (13-5819)

County of Los Angeles

Page 65

Board of Supervisors

Statement Of Proceedings

December 3, 2013

The foregoing is a fair statement of the proceedings for the meeting held December 3,
2013, by the Board of Supervisors of the County of Los Angeles and ex officio the
governing body of all other special assessment and taxing districts, agencies and
authorities for which said Board so acts.
Sachi A. Hamai, Executive Officer
Executive Officer-Clerk
of the Board of Supervisors
By

County of Los Angeles

Page 66

CALIFORNIANS AWARE
v.
LOS ANGELES COUNTY BOARD OF SUPERVISORS

EXHIBIT F

Petition for Writ of Mandate

"
April"29,"2015"
Mark"J."Saladino"
County"Counsel"
County"of"Los"Angeles"
648"Kennth"Hahn"Hall"of"Administration"
500"West"Temple"Street"
Los"Angeles,"CA"90012I2713"
RE:"Deadline"for"Brown"Act"Cease"and"Desist"Commitment"
Dear"Mr."Saladino,""
This"letter"responds"to"yours"of"March"13,"2015"in"which"you"declined"our"February"9,"2015"
demand"that"Mayor"Antonovich".".".""in"conformity"with"Government"Code"Section"54960.2,"
subdivision"(c)"inform"(Californians"Aware)"of"the"Boards"unconditional"commitment"to"
cease,"desist"from,"and"not"repeat"the"practice"herein"challenged"as"a"violation"of"the"Act."
The"challenged"practice"was"the"Board"of"Supervisors"approval"and"communication"to"the"
Legislature"of"the"Countys"position"on"a"legislative"bill,"which"occurred"without"any"
discussion"in"an"open"session"of"a"Board"meeting"concerning"either"the"bill,"its"content"or"
the"Countys"proposed"position."
You"maintain"in"effect"that"the"Supervisors,"as"they"serially"signed"the"letter"of"opposition"to"
AB"194,"had"already"approved"and"communicated"the"Countys"position"on"the"bill"by"
inaction,"i.e.,"failing"to"veto"the"CEOs"recommended"course"of"opposition.""This"authorized"
unless"otherwise"directed"procedure"allows"the"lobbyists"to"put"the"County"on"record"as"
supporting"or"opposing"speci_ic"bills"without"express"approval"or"direction"from"the"Board."
Consequently,"no"one"in"the"community"trying"to"track"the"Boards"legislative"posture"on"
speci_ic"bills"by"monitoring"its"meeting"agendas,"discussions"or"minutes"is"able"to"do"so.""
Moreover,"the"backstage"memo"brie_ing"allows"the"CEO"to"quietly"cite"farIfetched"skyIisI
falling"scenarios"from"the"Boards"Executive"Of_ice"and"County"Counsel"that"would,"if"
presented"at"a"public"meeting,"undoubtedly"draw"public"criticism.""For"example,"the"August"
18,"2014"memo"to"the"Board"on"the"latest"(and"_inal)"amendments"to"the"bill"states,"The"

2218 Homewood Way Carmichael, CA 95608 (916) 487-7000 info@calaware.org

Cease"and"Desist"Demand"/"Californians"Aware"
April"29,"2015"
Page"2"of"2"
Executive"Of_ice"of"the"Board"and"County"Counsel"note"that,"as"amended,"AB"194"would"
allow"members"of"the"public"to"speak"an"the"same"item"more"than"once"and/or"without"
timely"notice,"thereby"allowing"for"undue"disruptions"at"public"meetings,"ignoring"the"fact"
that"the"bill"left"intact"a"longstanding"provision"in"the"Act"(Government"Code"Section":"
54954.3"(b)):"The"legislative"body"."."."may"enact"reasonable"regulations"to"ensure"that"the"
intent"of"(the"provision"allowing"citizens"to"address"the"body)"is"carried"out,"including,"but"
not"limited"to,"regulations"limiting"the"total"amount"of"time"allocated"for"public"testimony"
on"particular"issues"and$for$each$individual$speaker."(Emphasis"added.)"""
The"Executive"Of_icer"put"the"unfounded"alarmism"at"an"even"higher"pitch"by"having"the"
Supervisors"personally"sign"a"letter"warning"that"courts"could"interpret"the"bill"to"allow"
persons"to"speak"at"least"twice"on"any,"and"potentially"all,"items"on"a"legislative"bodyd"
agenda."Approving"that"letter"in"an"open"and"public"meeting"would"have"exposed"this"
distortion"of"the"bill"to"emphatic"rebuttal."
You"offer,"as"a"compromise"in"lieu"of"compliance"with"our"demand,"that"the"CEO"has"been"
advised"that"authorization"for"_iveIsignature"letters"should"be"placed"on"the"Boards"agenda"
in"advance"of"or"during"the"Countys"legislative"or"advocacy"efforts"with"respect"to"
particular"bills.""This"inconspicuous"administrative"adjustment"is"no"substitute"for"the"
statutorily"prescribed"alternative"to"litigationthe"Boards"publicly"undertaken"
unconditional"commitment"to"cease,"desist"from,"and"not"repeat"the"practice"of"approving,"
and"communicating"to"the"Legislature,"the"Countys"position"on"a"legislative"bill"without"
any"discussion"in"an"open"session"of"a"Board"meeting"concerning"either"the"bill,"its"content"
or"the"Countys"proposed"position."
Unless"assured"by"close"of"business"May"6"that"this"commitment"will"be"placed"on"the"
public"meeting"agenda"of"the"Boards"next"meeting"following"receipt"of"this"letter,"
Californians"Aware"will"_ile"an"action"for"declaratory"and"injunctive"relief"to"con_irm"that"
the"practice"in"question"violated"the"Brown"Act"and"to"order"it"not"to"be"repeated."
Very"Truly"Yours,"

Terry"Francke"
General"Counsel"

2218 Homewood Way Carmichael, CA 95608 (916) 487-7000 info@calaware.org

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