Академический Документы
Профессиональный Документы
Культура Документы
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
CALIFORNIANS AWARE,
Petitioner/Plaintiff,
18
19
20
21
22
v.
LOS ANGELES COUNTY BOARD OF
SUPERVISORS,
Respondent/Defendant.
)
)
)
)
)
)
)
)
)
)
)
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.]
23
24
25
26
M. Brown Act, Government Code, section 54950, et seq., (Brown Act), thereby
27
denying the publics right to the protections afforded by our States open government
28
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,
THE PARTIES
6
7
1.
profit public benefit corporation organized under the laws of California, governed by a
10
mission includes the promotion and defense of the principles of open government.
2.
11
Respondent/Defendant
LOS
ANGELES
COUNTY
BOARD
OF
12
13
of Los Angeles County (County), California. The Boards executive offices are located
14
15
Los Angeles, California 90012. The County is defined as a local agency by section
16
17
MATERIAL FACTS
18
19
3.
20
(AB 194). The bill sought to amend the Brown Act by clarifying certain public rights
21
regarding public comment at the meetings of legislative bodies of local agencies. The
22
bill eventually passed both houses, but was later vetoed by the Governor.
23
4.
The Board opposed AB 194. On August 20, 2014, the Board sent a letter
24
to the Legislature, signed by all five supervisors, opposing the bill. A true and correct
25
26
27
28
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
4
5
6
6.
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
10
B. In that correspondence, Mr. Francke notified the Board that its collective action to
11
oppose AB 194 outside of a public meeting violated the Brown Act and asked it to cease
12
and desist from that practice in the future, in accordance with section 54960.2.
13
8.
On March 13, 2015, Latayvius R. Alberty, Deputy County Counsel for the
14
County of Los Angeles, responded to the Demand (the Response.) A true and correct
15
copy of the Response is attached hereto as Exhibit C. The Response claimed that the
16
practice was not a Brown Act violation because the Board annually adopts a State
17
Legislative Agenda during a public meeting, and the Boards approval of legislative
18
policies and procedures during its public meeting on December 3, 2013, was clearly
19
broad enough to authorize all actions takento oppose AB 194. Specifically, County
20
Counsel cited two policies that served as the platform for the Boards opposition of AB
21
194: General Policy No. 7, which allows the CEO and Sacramento advocates to oppose
22
bills that abridge or eliminate the Board of Supervisors powers and duties unless the
23
change promotes a higher priority of the Board, and Policy 3.14.1, which allows
24
25
26
County agencies.
27
9.
28
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
County Counsel. A true and correct copy of that correspondence is attached hereto as
section 54960.2, to cease and desist from approving positions on particular bills
10
outside an open session of a Board meeting. Mr. Francke also gave the County another
11
12
13
14
15
CAUSE OF ACTION
FOR VIOLATIONS OF THE RALPH M. BROWN ACT
(RELIEF PURSUANT TO SECTION 54960; CCP SECTIONS 1060, 1085)
16
17
12.
18
19
20
13.
21
22
23
14.
24
25
local agency shall be open and public, and all persons shall be permitted to attend any
26
27
28
15.
3
4
5
16.
10
11
17.
8
9
Petitioner is informed and believes, and on that basis alleges, that the
12
Board violated the Brown Act by using a series of communications, either directly or
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18.
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
refrain from the conduct which Petitioner has alleged constitutes a violation of the
Brown Act.
-5VERIFIED PETITION FOR WRIT OF MANDATE
21.
one protected by their State Constitution. The California Constitution, Article 1, Section
4
5
6
7
8
9
10
11
12
13
14
19
20
23.
15
16
17
18
There presently exists, between the Petitioner and the Board, an actual
21
controversy relating to: (1) the legal rights of Petitioner and other members of the
22
public under the Brown Act; and (2) the ministerial duties imposed upon the Board by
23
24
25
26
27
24.
28
-6VERIFIED PETITION FOR WRIT OF MANDATE
1
2
26.
3
4
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.
11
12
Respondent has a present legal duty and present ability to perform its
9
10
7
8
5
6
31.
13
Petitioner has
14
requested that the Board make a public and unconditional commitment not to take
15
positions on particular legislative bills outside of open and public meetings in the future
16
but Respondent refuses to do so. The only plain, speedy, and adequate remedy left to
17
18
19
20
1.
21
22
23
take action on specific legislation, including at least AB 194, outside of a noticed and
24
public meeting.
25
2.
26
27
Act;
28
-7VERIFIED PETITION FOR WRIT OF MANDATE
VERIFICATION
(C.C.P. 446 and 2015.5)
2
3
4
5
the above-entitled action or proceeding. I have read the foregoing PETITION FOR WRIT OF
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
10
therein stated upon my information and belief, and as to those matters I believe it to be true.
11
12
13
14
15
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
16
17
18
Joseph T. Francke
19
20
21
22
23
24
25
26
27
28
-1VERIFICATION
CALIFORNIANS AWARE
v.
LOS ANGELES COUNTY BOARD OF SUPERVISORS
EXHIBIT A
CALIFORNIANS AWARE
v.
LOS ANGELES COUNTY BOARD OF SUPERVISORS
EXHIBIT B
"
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
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
CALIFORNIANS AWARE
v.
LOS ANGELES COUNTY BOARD OF SUPERVISORS
EXHIBIT C
~~F~~q
~S
w~
x~fi
g~~~~',`~N:{
~'
{
"'
~+
~'
~
~:
~~~4<~poxN~P~
TELEPHONE
(213)974-1817
FACSIMILE
MARK J. SALADINO
County Counsel
(213)61~-~lsz
TDD
(213)633-0901
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
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
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
I-~
Terry Francke
General Counsel
K ~F ~'~~ 4ti
~~~'` ~~`~~x~F~~
' '`
~~,t
~
;~ ..'~
x
q7
.~ ~ ~
~
C"Q1IFORNta
MARK RIDLEY-THOSLLS
G(,08tAfit0[1NA
y~V YnROSLAVSRY
DON ANAHE
SACHI A. HAMAI
EXECIiT[VE OFFICER
M[CHAELD. AN70NOYICH
OPPOSE
RE:
K RIDLEY-TH MAS
rvisor, Second District
c:
MICHAEL D. ANTON~?VIGH
Supervisor, Fifth 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:
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.
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
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
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:
WILLIAM T FUJIOKA
Board of5uperv'ssors
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:
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.
Each Supervisor
April 5, 2013
Page 2
Status of County-Advocacy Legislation
o
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.
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:
WILLIAM T FUJIOKA
Board of Supervisors
GLORIA MOLINA
First District
MARK RIDLEY-THOMAS
Second District
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
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
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.
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;
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.
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:
WILLIAM T FUJIOKA
Chief Executive Officer
MARK R{DLEY-THOMAS
Second District
ZEV YAROSLAVSKY
Third DisVict
DON KNABE
Fourth District
To:
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.
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.
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;
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:
WILLIAM T FUJIOKA
Chief Executive Officer
MARK RIDLEY-THOMAS
Second District
2EV YAROSLAVSKY
Third District
To
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.
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:
WILLIAhA T FUJIOKA
Boats of Supervisors
GLORIA MOLINA
First District
MARK RIDLEYi'HOMAS
Second Olstrict
ZEV YARQSLAVSKY
Third District
ppN KNABE
Fourth District
"~"~
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.
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.
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:
~~,~T A~,.oQ
FFICIE
o`er
o
Re:
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
___________________
2013-14 STATE LEGISLATIVE AGENDA
FIRST YEAR
_____________________________
SECTION
PAGE
Page ii
Page iii
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.
3.
4.
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.
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.
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.
Page 1
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.
6.
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.
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.
Page 2
14.
Support proposals to clarify and provide for social workers access to dependent
childrens medical, counseling, and education records.
15.
16.
17.
18.
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.
Support continued eligibility of immigrant foster children for Medi-Cal and Foster
Care funds.
2.
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.
Page 3
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.
10.
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.
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.
19.
20.
Support proposals to fully fund Emancipated Youth Stipends and the Independent
Living Program.
Page 4
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.
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.
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.
9.
Support efforts to ensure that vulnerable children and their families have access to
consistent, uninterrupted subsidized early care and education services.
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.
Page 5
3.
Support measures to develop and increase the availability and use of alternative
fuels, and retrofit of existing generators and fleets.
4.
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.
13.
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.
Page 6
3.
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.
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.
9.
10.
Support proposals to secure funding for grant programs and financial incentives for
green initiatives in marinas.
2.
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.
Page 7
4.
5.
6.
Support legislation that provides property tax credit for the recording of open space
and conservation easements on property.
7.
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.
2.4 Parks
1.
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.
Page 8
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.
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.
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.
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 proposals to fund grants for projects that link watershed management,
environmental restoration, recreation, open space, and beach improvements.
2.
Page 9
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.
10.
Support authorization and funding for the Los Angeles County Drainage Area
Project, as required by AB 1147 (Chapter 1071, Statutes of 2000).
11.
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.
Page 10
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.
3.
Support legislation
Los Angeles County.
4.
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.
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
Support proposals that increase flexibility for local agencies to meet the waste
reduction goals of the California Integrated Waste Management Act.
2.
3.
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.
7.
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.
12.
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.
Page 12
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.
16.
17.
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.
2.
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.
Page 13
5.
Support workers compensation reform proposals that align public sector workers
compensation benefits with private sector benefits to the greatest extent practical.
6.
7.
8.
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.
12.
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.
Page 14
Oppose legislation that infringes upon county board of supervisors local land use
decision-making authority.
2.
3.
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.
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.
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.
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.
Page 15
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.
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.
4.
5.
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.
Page 16
2.
3.
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.
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.
11.
12.
Support proposals that protect consumers from debt collectors and debt buyers who
engage in unfair and abusive debt collection practices and litigation.
Page 17
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 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.
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.
5.
Page 18
a.
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.
d.
e.
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.
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.
Page 19
2.
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.
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.
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.
2.
3.
Support proposals that provide State bond financing for public library construction
and renovation.
4.
5.
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.
Page 20
7.
Support measures which provide increased State funding for the arts and museums,
including construction/renovation of regional cultural facilities.
2.
3.13 Education
1.
2.
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.
7.
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.
Page 21
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.
2.
3.
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.
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.
Page 22
10.
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.
5.
6.
Support legislation to improve and/or clarify the challenge process for Vote by Mail
ballots and strengthen voter protections.
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.
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.
Page 23
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.
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.
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.
10.
11.
Page 24
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.
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.
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.
Page 25
10.
Oppose proposals which would reduce local authority regarding disciplinary actions
for licensed emergency medical services personnel.
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.
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.
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.
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.
11.
12.
13.
Page 26
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.
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.
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.
4.
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.
Page 27
7.
8.
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.
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.
Page 28
3.
4.
Support proposals to mitigate losses of Federal funding for HIV/AIDS services with
State budgetary appropriations.
5.
6.
7.
Sponsor or support legislation to allow HIV testing of infants up to one year of age
who are placed in foster care.
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.
6.
Support legislation to provide for the safe disposal of all waste materials, especially
low-level radioactive waste, by utilizing evidence-based approaches.
Page 29
7.
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.
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.
12.
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.
Page 30
16.
17.
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.
20.
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.
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.
Page 31
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.
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.
32.
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.
Page 32
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.
6.
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.
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.
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.
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.
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.
9.
10.
Support proposals that provide funding for the education and training of
epidemiologists.
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.
Page 34
2.
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.
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.
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.
Page 35
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.
13.
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.
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.
2.
3.
Support proposals that provide funding for and promote services by an ambulatory
care network as the provider of preventive outpatient services.
Support proposals that create or expand integrated information sharing systems for
health and human services programs.
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.
5.
6.
7.
Oppose legislation that would redirect redevelopment agency property tax increment
from local redevelopment agencies to the State.
8.
9.
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.
Page 37
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.
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.
17.
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.
20.
21.
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.
Page 38
Support reimbursement of County costs for the prosecution and defense of new
crimes.
2.
3.
4.
Support full funding of the Community Law Enforcement and Recovery Program.
5.
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.
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.
Page 39
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.
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.
21.
Oppose proposals that would reduce or remove limits on criminal gang injunctions.
22.
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.
Page 40
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.
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.
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.
Page 41
6.5 Fire
1.
2.
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 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.
4.
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.
Page 42
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.
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.
14.
15.
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.
Page 43
Support funding for the Developing Increased Safety through Arms Recovery
Management Program.
2.
Support State funding of adult probation services, and local assistance to cities and
counties for correctional officer training programs.
3.
4.
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.
7.
8.
Support legislation to restore the ability of the Board of Supervisors to order the
distribution of court ordered installment payments.
9.
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.
12.
13.
Support legislation to require the State to provide full funding for the treatment and
programming needs of its parolees in the community.
Page 44
14.
15.
16.
17.
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.
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.
3.
4.
5.
6.
Page 45
7.
8.
9.
10.
11.
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.
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.
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.
Page 46
3.
4.
Support proposals to limit State administrative fees to the States actual costs for
mandated administration.
5.
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.
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.
Page 47
7.
Support proposals to restore Health Families mental health benefits to encourage the
provision of full scope mental health services by public agencies.
8.
9.
Support proposals to increase funding for specialized mental health training to law
enforcement personnel, probation officers, and health care practitioners.
10.
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.
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.
16.
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.
Page 48
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.
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.
2.
3.
4.
Support legislation to require the State to regulate and establish standards for Sober
Living Homes to ensure their safety.
Page 49
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.
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.
Page 50
15.
16.
17.
18.
19.
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.
23.
24.
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.
Page 51
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.
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.
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.
Page 52
15.
Oppose proposals to repeal State law that allows the first $50 of child support
payments to be passed on to CalWORKs participants.
16.
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.
19.
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.
2.
3.
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.
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.
Page 53
7.
8.
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.
Page 54
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.
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.
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.
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.
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.
3.
Page 55
4.
5.
Support legislation to provide additional funding for transitional shelters for victims of
domestic violence.
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.
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.
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.
5.
6.
Page 56
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.
13.
Support proposals that would allow the County to recover costs associated with
severe weather-related emergency services to Adult Protective Services clients.
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.
Page 57
processing
for
10.11 Homelessness
1.
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.
5.
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.
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
6.
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.
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.
17.
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
2.
3.
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.
9.
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.
Page 60
13.
14.
15.
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.
2.
3.
4.
Oppose measures that restrict local control over the public rights-of-way.
5.
6.
7.
Support proposals that evaluate the health and safety impact of wireless
communications emissions.
8.
Page 61
9.
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
Present:
Video Transcript
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:
5-
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:
5-
Report
Page 3
Board of Supervisors
Statement Of Proceedings
December 3, 2013
1-D.
Attachments:
5-
Page 4
Board of Supervisors
Statement Of Proceedings
December 3, 2013
1.
2.
5-
Attachments:
5-
Page 5
Board of Supervisors
3.
Statement Of Proceedings
December 3, 2013
Attachments:
4.
5-
Attachments:
5-
Page 6
Board of Supervisors
5.
Statement Of Proceedings
December 3, 2013
Attachments:
6.
5-
Attachments:
7.
5-
Attachments:
5-
Page 7
Board of Supervisors
8.
Statement Of Proceedings
December 3, 2013
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-
Attachments:
5-
Board Letter
Page 9
Board of Supervisors
10.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Board Letter
Video
Audio
Page 10
Board of Supervisors
Statement Of Proceedings
December 3, 2013
Arts Commission
11.
Attachments:
5-
Board Letter
Page 11
Board of Supervisors
Statement Of Proceedings
December 3, 2013
12.
Attachments:
5-
Board Letter
Page 12
Board of Supervisors
13.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Page 13
Board of Supervisors
14.
Statement Of Proceedings
December 3, 2013
3-
Noes:
2-
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;
Page 14
Board of Supervisors
Statement Of Proceedings
December 3, 2013
2.
3.
4.
5.
6.
7.
Page 15
Board of Supervisors
Statement Of Proceedings
December 3, 2013
8.
9.
Page 16
Board of Supervisors
Statement Of Proceedings
December 3, 2013
4-
Noes:
1-
Supervisor Antonovich
Page 17
Board of Supervisors
Statement Of Proceedings
December 3, 2013
4-
Noes:
1-
Supervisor Antonovich
5-
Board Letter
2013-14 State Legislative Agenda
Video
Audio
Page 18
Board of Supervisors
Statement Of Proceedings
December 3, 2013
County Operations
15.
Attachments:
5-
Board Letter
Video
Audio
Page 19
Board of Supervisors
16.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Video
Audio
Page 20
Board of Supervisors
17.
Statement Of Proceedings
December 3, 2013
Attachments:
18.
5-
Board Letter
Video
Audio
Attachments:
5-
Board Letter
Page 21
Board of Supervisors
Statement Of Proceedings
December 3, 2013
19.
Page 22
Board of Supervisors
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Video
Audio
Page 23
Board of Supervisors
20.
Statement Of Proceedings
December 3, 2013
4-
Abstentions:
1-
Supervisor Antonovich
Attachments:
Board Letter
Report
Video
Audio
Page 24
Board of Supervisors
Statement Of Proceedings
December 3, 2013
21.
Attachments:
5-
Board Letter
Video
Audio
Page 25
Board of Supervisors
22.
Statement Of Proceedings
December 3, 2013
Page 26
Board of Supervisors
Statement Of Proceedings
December 3, 2013
4-
Abstentions:
1-
Supervisor Antonovich
Attachments:
Board Letter
Video
Audio
Page 27
Board of Supervisors
23.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Page 28
Board of Supervisors
24.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Page 29
Board of Supervisors
25.
Statement Of Proceedings
December 3, 2013
Page 30
Board of Supervisors
Statement Of Proceedings
December 3, 2013
Attachments:
5-
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-
Board Letter
Attachments:
5-
Board Letter
Page 32
Board of Supervisors
28.
Statement Of Proceedings
December 3, 2013
Attachments:
29.
5-
Board Letter
Attachments:
5-
Board Letter
Page 33
Board of Supervisors
30.
Statement Of Proceedings
December 3, 2013
Page 34
Board of Supervisors
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Page 35
Board of Supervisors
Statement Of Proceedings
December 3, 2013
Community Services
31.
Attachments:
5-
Board Letter
Page 36
Board of Supervisors
32.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
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:
5-
Board Letter
Video
Audio
Page 38
Board of Supervisors
34.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Page 39
Board of Supervisors
35.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Page 40
Board of Supervisors
36.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Page 41
Board of Supervisors
37.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Page 42
Board of Supervisors
38.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Page 43
Board of Supervisors
39.
Statement Of Proceedings
December 3, 2013
Attachments:
40.
5-
Board Letter
Attachments:
5-
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-
Board Letter
Attachments:
5-
Board Letter
Page 45
Board of Supervisors
43.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Page 46
Board of Supervisors
44.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Video
Audio
Page 47
Board of Supervisors
45.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Public Safety
46.
Attachments:
5-
Board Letter
Page 48
Board of Supervisors
47.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Page 49
Board of Supervisors
48.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Page 50
Board of Supervisors
49.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Page 51
Board of Supervisors
50.
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Page 52
Board of Supervisors
51.
Statement Of Proceedings
December 3, 2013
Attachments:
52.
5-
Board Letter
Attachments:
5-
Board Letter
Page 53
Board of Supervisors
Statement Of Proceedings
December 3, 2013
Miscellaneous Communications
53.
Attachments:
54.
5-
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-
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:
5-
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-
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:
5-
Board Letter
Page 55
Board of Supervisors
58.
Statement Of Proceedings
December 3, 2013
Attachments:
59.
5-
Board Letter
Attachments:
5-
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-
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:
5-
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-
64.
5-
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:
5-
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:
5-
Report
Video
Audio
Page 59
Board of Supervisors
Statement Of Proceedings
December 3, 2013
Public Hearing
66.
Page 60
Board of Supervisors
Statement Of Proceedings
December 3, 2013
Attachments:
5-
Board Letter
Video
Audio
VI. MISCELLANEOUS
67.
Attachments:
5-
Board Letter
Memo - Appointment of Inspector General
Video
Audio
Page 61
Board of Supervisors
68.
Statement Of Proceedings
December 3, 2013
Attachments:
Public Comment
70.
5-
70
Video
Audio
Page 62
Board of Supervisors
Adjournments
71.
Statement Of Proceedings
71
Page 63
December 3, 2013
Board of Supervisors
Statement Of Proceedings
December 3, 2013
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)
Page 64
Board of Supervisors
Closing
72.
Statement Of Proceedings
December 3, 2013
72
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
Page 66
CALIFORNIANS AWARE
v.
LOS ANGELES COUNTY BOARD OF SUPERVISORS
EXHIBIT F
"
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"
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"