Legislative Committee
Supervisor Liz Kniss, Chairperson.County Government Center - 70 West Hedding Street San Jose, California 95110. Phone (408) 299-5001. Fax (408) 298-8460
DATE: April 17, 2008 TIME: 2:30 PM
PLACE: 10th Floor Board of Supervisors' Conference Room, County Government Center
Meeting Minutes
1. Welcome and Introductions.
The regular meeting of the Legislative Committee is called to order by Chairperson Liz Kniss at 2:38 p.m. in the Tenth Floor Board of Supervisors' Conference Room, County Government Center, 70 W. Hedding Street, San Jose, with Vice Chairperson Ken Yeager present.
2. Public Comment.
There is no comment under Public Comment.
3. Approve Consent Calendar and changes to the Legislative Committee Agenda.
Chairperson Kniss recommends that Item No. 13 be removed from the consent calendar.
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On Committee consensus, it is ordered that the Consent Calendar be approved, as amended.
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11. Consider Resolution relating to Taiwan's return to United Nations (UN) membership, the establishment of a free trade agreement between Taiwan and the United States, and participation of Taiwan in the World Health Organization (WHO). (McHugh) The Committee considers a report from Katie Brown, Legislative Director,
Intergovernmental Relations, Office of the County Executive, and a memorandum from Supervisor McHugh, dated April 17, 2008, regarding a proposed Resolution relating to the return of Taiwan to UN membership; the establishment of a free trade agreement between Taiwan and the United States; and, participation of Taiwan in the WHO. Ms Brown
provides a brief overview of the relationship between the United States and Taiwan noting that the United States is friendly with Taiwan, however, not to the point of alienating China. She further states that Taiwan considers itself to be self-ruled and independent, while China considers Taiwan to be a renegade province. Ms Brown comments that Taiwan has become increasingly democratic in recent years. She advises that two main parties in Taiwan differ in opinion of how close ties should be with China. Ms Brown further advises that, during preparation of this staff report, a new leader was elected in Taiwan who desires closer ties with China than the previous leader who desired separation from China.
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Ms Brown advises that China can and, it is believed, will veto an application of Taiwan into the United Nations; that there is currently much controversy in the United States regarding free trade agreements; and, that the Board passed a Resolution last year supporting entry of Taiwan into the WHO. Ms Brown states that staff recommends that the Committee take no position on the proposed Resolution.
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Supervisor McHugh advises that House Concurrent Resolution 137 is pending in the United States Congress recommending adopting a free trade agreement between the United States and Taiwan. He further advises that the State of Utah has adopted a Resolution and the State of California is currently considering adopting a similar Resolution of support relating to a free trade agreement with Taiwan. Discussion ensues regarding the process for
approving free trade agreements and Robert Campbell, Assistant County Counsel, Office of the County Counsel, clarifies that the President of the United States negotiates any free trade agreements, which then must be ratified by Congress.
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Supervisor McHugh speaks of the benefits of Taiwan reentering the United Nations including providing a forum for resolving some of the issues between Taiwan and China. He also expresses appreciation for the prior Board approval of a Resolution supporting admittance of Taiwan into the WHO. Chairperson Kniss requests public comment.
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Kuor-Hsin Chang, Formosan Association for Public Affairs, and Sophia Deng,
Taiwanese-American, request that the Committee support the Resolution. They comment that support for Taiwan to reenter the United Nations is a symbolic gesture showing support for democracy, human rights, and freedom, and that a free trade agreement with Taiwan will not jeopardize jobs for Americans. Ms Cheng states that money should be diverted from China, which speaks against democracy and does not respect human rights.
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Chairperson Kniss reiterates that the Board passed a Resolution supporting admittance of Taiwan into the WHO. She comments that there is insufficient information to recommend adoption of the Resolution at this time and speaks in support of the staff recommendation to take no position. Vice Chairperson Yeager comments that he would like to hear all sides of the issues before indicating support for the Resolution. In response to an inquiry by Vice Chairperson Yeager, Supervisor McHugh states that he desires the Committee to indicate support again for entry of Taiwan into the WHO. Chairperson Kniss reminds Supervisor McHugh that as Board Chair he may submit the Resolution directly to the Board for consideration, if desired.
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On Committee consensus, it is ordered that the Committee take no position on the proposed Resolution relating to Taiwan's return to UN membership, the establishment of a free trade agreement between Taiwan and the United States, and participation of Taiwan in the WHO.
4. Consider Proposition 98 to amend the State Constitution relating to eminent domain, rent control, and inclusionary housing.
The Committee considers a staff report relating to Proposition 98 to amend the State Constitution relating to eminent domain, rent control, and inclusionary housing.
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Chairperson Kniss comments that Proposition 98 negatively impacts counties and removes the current ability of counties to provide eminent domain for roads and parks. She expresses opposition to Proposition 98. Vice Chairperson Yeager recommends forwarding the issue to the Board for consideration.
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On Committee consensus, it is ordered that recommendation to oppose Proposition 98 regarding amending the State Constitution relating to eminent domain, rent control, and inclusionary housing be forwarded to the Board with a favorable recommendation.
5. Consider Proposition 99 to amend the State Constitution relating to acquisition of owner-occupied residences.
The Committee considers a staff report recommending support for Proposition 99 to amend the State Constitution relating to acquisition of owner-occupied residences. Sylvia
Gallegos, Deputy County Executive, Intergovernmental Relations, Office of the County Executive, advises that Proposition 99 is sponsored by the League of Cities and the
California State Association of Counties (CSAC) and will be on the June 2008 ballot. She further advises that Proposition 99 has a much narrower scope than Proposition 98; will not preclude jurisdictions from seizing property and then transferring the property to a third party; relates only to owner-occupied residences; and, that a number of exemptions apply, as outlined in the staff report. Ms Gallegos states that staff recommends support for
Proposition 99. She further states that if both Propositions 98 and 99 prevail, there is language in Proposition 99 that it will prevail if it receives the most votes and Proposition 98, therefore, would be void.
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On Committee consensus, it is ordered that recommendation to support Proposition 99 regarding amending the State Constitution relating to acquisition of owner-occupied residences be forwarded to the Board with a favorable recommendation.
6. Consider Assembly Bill (AB) 2212 (Ruskin) relating to election of Santa Clara Valley Water District (SCVWD) Board of Directors.
The Committee considers a report from staff recommending that the Committee support AB 2212 (Ruskin) relating to election of the SCVWD Board of Directors. Chairperson Kniss speaks of the importance of including term limits for SCVWD Board members and notes that Assembly Member Ira Ruskin has indicated openness to the addition of term limits to AB 2212. She indicates a reluctance to support AB 2212, especially if term limits are not included.
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Jim Weston, Legislative Analyst, Intergovernmental Relations, Office of the County Executive, reminds the Committee that the Board of Supervisors and the SCVWD Board agreed to eliminate Board of Supervisors oversight of the SCVWD. Chairperson Kniss notes that she opposed the separation. Mr. Weston advises that AB 2212 has been submitted to the State Legislature to sever the relationship, and the bill includes the phasing out of the two appointed members at the end of 2009, leaving five SCVWD Board members. He further advises that the SCVWD Board is requesting that seven elected Board members be retained and that seven new districts be drawn.
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Discussion ensues clarifying that the SCVWD Board desires a seven-member Board to reduce the increased workload of the Directors; the Legislature does not allow the appointment of SCVWD Board Directors so all members must be elected; and, the proposed timing for changes to the SCVWD Board coincides with the end of members' terms and the 2010 census. Tony Estremera, Director, SCVWD, comments that the current SCVWD Directors do not object to term limits, however, adding term limits to the bill will initiate litigation and prevent the bill from progressing through the Legislature. He suggests that the issue of adding term limits should be presented to the voters. Mr. Estremera advises that many of the modifications to the bill, that differ from the agreement with the Board of Supervisors, were included to meet requirements imposed by the Legislature and to prevent litigation.
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The Committee also considers a memorandum from Supervisor Gage, dated April 17, 2008, opposing AB 2212. Supervisor Gage addresses the Committee and expresses concern that
the proposed changes to the SCVWD Board will result in a reduction of representation for South County residents. He also speaks in support of term limits for the SCVWD Board Directors.
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Vice Chairperson Yeager indicates his reservations relating to support of AB 2212 and notes that since three of the five Board members do not support AB 2212, perhaps the SCVWD Board may desire to withdraw the request for Board approval of AB 2212. Chairperson Kniss concurs.
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On Committee consensus, it is ordered that the Committee takes no position on AB 2212 relating to election of SCVWD Board of Directors.
7. Consider Assembly Bill (AB) 2574 (Emmerson) relating to the Inmate Welfare Fund. The Committee considers a staff report recommending support for AB 2574 (Emmerson) relating to the Inmate Welfare Fund and that an amendment be requested adding the County to the list of counties eligible to participate. Mr. Weston advises that a pilot program was created by the Legislature allowing six counties to utilize the IWF for clothing, education, and transportation for up to 14 days after an inmate is released. He states that AB 2574 will give the County the option of joining the program.
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Chairperson Kniss speaks in support of assisting inmates when they are first released. Edward Flores, Chief of Correction, Department of Correction, advises that current law allows spending of IWF only for in-custody programs and AB 2574 will allow
out-of-custody transitional programs or wraparound services to reduce recidivism. He further advises that currently there are no excess funds in the IWF, however, AB 2574 provides an option to utilize funds for out-of-custody expenses.
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Discussion ensues clarifying that, since the Legislature is scheduled to consider AB 2574 the week of May 5, 2008, the staff recommendation to support AB 2574 should be
forwarded to the Board for consideration at the April 22, 2008 meeting. Chairperson Kniss recommends that a revision to the April 22, 2008 Board agenda be requested.
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On Committee consensus, it is ordered that a recommendation to support AB 2574 be forwarded to the Board with a favorable recommendation, as well as a recommendation that a request be submitted for an amendment to add the County as a participating county.
8. Consider Senate Bill (SB) 1231 (Correa) relating to the Defensible Space Program. The Committee considers a staff report recommending that SB 1231 be supported. Chairperson Kniss and Vice Chairperson Yeager express support for SB 1231.
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Ms Gallegos advises that SB 1231 is sponsored by the Building Industry Association (BIA) and complements efforts of the County. She further advises that staff recommends an amendment to SB 1231 to obtain authority to receive funding for required inspections. In response to an inquiry by Michael Rattigan, Legislative Representative, Intergovernmental Relations, Office of the County Executive, regarding whether Committee support for SB 1231 is dependent upon inclusion of the proposed amendment, Ms Gallegos clarifies that the staff recommendation is to support the bill and, in addition, seek an amendment for funding for inspections.
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On Committee consensus, it is ordered that staff recommendation to support SB 1231 and a request for an amendment relating to funding for inspections be forwarded to the Board with a favorable recommendation.
9. Item has been deleted from the agenda.
10. Consider Assembly Bill (AB) 2572 (Parra) relating to nutritional information at restaurants. The Committee considers a staff report recommending that AB 2572 be opposed. Ms
Brown advises that AB 2572 is sponsored by restaurant associations to place limits on public health activities relating to prominent placement of nutritional information. Mr. Rattigan notes that the bill recently was amended to remove the wording that attempted to preempt the ability of local governments to regulate the display of nutritional information at
restaurants.
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Chairperson Kniss requests that Mr. Rattigan express appreciation to State Senator Alex Padillo for support of the effort to require restaurants to prominently display nutritional information.
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On Committee consensus, it is ordered that recommendation to oppose AB 2572 be forwarded to the Board with a favorable recommendation.
* 12. Accept report relating to implementation status of Assembly Bill (AB) 32, the California Global Warming Solutions Act, and related legislation.
On Committee consensus, it is ordered that report be accepted relating to the
implementation status of Assembly Bill (AB) 32, the California Global Warming Solutions Act, and related legislation.
13. Accept State and Federal Update.
The Committee considers a report from staff recommending that report be accepted relating to the State and Federal update.
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Mr. Rattigan advises that the State Senate and Assembly Budget Subcommittees have been meeting regularly, however, any decisions will be withheld until the State Budget May Revision from Governor Arnold Schwarzenegger is released in mid-May 2008. He further advises that State revenue has been lower than projected and that current projections are for a $10 billion to $12 billion shortfall for the Fiscal Year (FY) 2009 State budget. Mr.
Rattigan comments that State Democrats are refusing to implement large reductions in safety net funding and State Republicans have refused to support increased taxes, so it is anticipated the final State budget will be late.
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Discussion ensues regarding a workgroup formed by Assembly Member James Beall and other State Legislators for developing plans for outreach to inform the public and solicit
Vice Chairperson Yeager expresses concern that the Board will need to decide on issues in the County budget process before the impact of the State Budget is known. Mr. Rattigan advises that he will keep the Committee updated on activities regarding the State budget.
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Mr. Rattigan comments that Peter Kutras, County Executive, Office of the County
Executive, provided a presentation in a State committee meeting, gave testimony, and then was requested by Senator Machado, one of the Senate Budget Subcommittee Chairs, to testify on another matter, which Mr. Kutras was unable to attend because of a prior commitment. He further advises that Gary Graves, Assistant County Executive, Office of the County Executive, provided a presentation at the hearing instead and represented the County well. Mr. Rattigan also states that Sheila Mitchell, Chief Probation Officer,
Probation Department, and Mr. Campbell, also represented the County relating to SB 1638 (Alquist). He notes that passage of SB 1638 is unlikely, however, because of the strong and united opposition of the education community.
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Mr. Rattigan comments regarding SB 1136 (Alquist), which originated in the Office of the County Counsel, relating to elder financial abuse. He states that SB 1136 has been revised and the proposed criminal charge has become a civil charge, which will allow the victim to receive up to three times the value of the loss.
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Mr. Rattigan comments regarding a bill introduced by Assembly Member Beall to obtain Federal funds to assist with the seismic issues at the Santa Clara Valley Medical Center (SCVMC). He states that the bill has passed the Policy Committee and the Assembly Health Committee and is currently in the suspense file of the Assembly Appropriations Committee. Mr. Rattigan further states that clarification is needed to assure that no State funds are involved if the bill is passed in committee in order for the bill to continue through the process. Chairperson Kniss requests that Sunshine Borelli, Deputy Director for Assembly Member Beall, and Mr. Rattigan convey to Assembly Member Beall appreciation from the County for introducing the bill for SCVMC.
On Committee consensus, it is ordered that the State and Federal update be accepted.
14. Consider Resolution to oppose the Governor's proposal to close 48 State parks. (Alvarado) The Committee considers a memorandum from Supervisor Alvarado, dated April 17, 2008, recommending opposition to Governor Schwarzenneger's proposal to close 48 State parks and, further, recommending adoption of a Resolution to support the Save Our Parks
Campaign. Ms Gallegos states that, since the recommendation is from Supervisor Alvarado, staff has not provided a report. She expresses concern, however, that opposing the
Governor's proposal to close 48 State parks will dilute the focus of County's legislative priorities presented to the Local Delegation. Ms Gallegos notes that, due to budget constraints, various programs that are needed were omitted from the priorities and recommends that the Committee oppose adoption of the proposed Resolution.
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Discussion ensues clarifying that while the Committee is in agreement with the suggestion to oppose the closing of State parks to save money, the recommendation to support a
Resolution opposing the closing of the 48 parks cannot be endorsed without removing focus from the legislative priorities that have been presented to the Local Delegation as issues of most concern for the County.
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On Committee consensus, it is ordered that the Committee supports the proposal of Governor Schwarzenegger to close 48 State parks in order to maintain focus on the list of County's legislative priorities presented to the Local Delegation.
15. Approve minutes of February 14 and March 13, 2008.
On Committee consensus, it is ordered that the minutes of the February 14 and March 13, 2008 meetings be approved, as written.
16. Announce next meeting of the Legislative Committee scheduled on Thursday, May 8, 2008, at 10:30 a.m., in the Tenth Floor Conference Room, County Government Center.
On order of the Chairperson, there being no objection, the meeting is adjourned at 4:25 p.m., to a regular meeting on May 8, 2008 at 10:30 a.m., in the Tenth Floor Conference Room, County Government Center, 70 West Hedding Street, San Jose.
. Respectfully submitted, . . Janice Fanara Deputy Clerk
