Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MINUTES - 08132002 - C53
Contra Costa TO: BOARD OF SUPERVISORS County FROM: TRANSPORTATION, WATER e"S3 INFRASTRUCTURE COMMITTEE Supervisor Donna Gerber, Chair Supervisor Federal Glover, Member DATE: AUGUST 13, 2002 SUBJECT: REPORT ON NORTHERN AND COASTAL WATER BOND COALITION SPECIFIC REQUEST(S) OR RECOMMENDATION'(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. AUTHORIZE Chair to sign a letter to the Northern and Coastal California Water Bond Coalition, indicating the County will join the Coalition and will provide information on projects needing funds, consistent with competitive categories included in Proposition 50, the 2002 Water Brand, scheduled for the November Ballet. 2. Declare a position of SUPPORT for the Proposition 50 Brand measure, entitled the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. FISCAL IMPACT There is no fiscal impact to the County from the above-mentioned actions. However,there is greater potential for obtaining funds from the competitive grant categories contained withinProposition 50 by joining the Coalition's effort. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES): Supervisor Donna Gerber Su ervisor Pederal Glover ACTION OF BOARD ON if 2M2. APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Roberta Goulart (925) 335-1225) ATTESTED Aix q; t 23, 2002 cc: Community Development Department (CDD) JOHN SWEETEN, CLERK OF THE County Administrator Office-Sara Huffman BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY r , DEPUTY ,1' Report on Northern and Coastal Water Bond Coalition and Proposition 50: the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS The northern and coastal areas of California have historically not been organized to provide a coordinated lobbying effort, and as a result,funding for individual projects in many of these areas has been difficult to obtain. Through the efforts of the North Bay Watershed Association (area cities, sanitation districts, water districts and the counties of Sonoma and Marin), the Northern and Coastal California Water Bond Coalition was formed early this year to provide a contact person and organized lobby for inclusion of local/regional projects for ballot initiatives that provide bond funding for projects. The Coalition sent initial outreach letters in February 2002 (sample attached), hes held regional meetings in the northern and coastal areas of the state, and has met with broad support for the 31 counties (including water/wastewater agencies and cities) included in this effort. Currently, the Coalition is engaged in obtaining fact sheets for projects in each of its 10 regions, and encouraging the prioritization of those projects within each region (the County is in a region by itself). The Coalition will be taking all of the regions project funding requests and putting them together in mid September. The Coalition is requesting projects that are ready to go,just needing funding, and projects which can be completed in a couple of years, providing success stories for future bond measures. The Coalition has been working closely with Joe Caves, lobbyist for the Nature Conservancy (author of the proposition), and Senator Machado, sponsor of Proposition 50; the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. Proposition 50 (attached) has already been drafted and is specific to many projects in other areas, so the Coalition has been focusing on negotiating over northern and coastal area priority in categories of the bill where competitive funds are still available. The Coalition expects to be in a better position to negotiate for funding in future water and related bonds, now that the organization has been established. Proposition 50 includes funding for categories including drinking water, watershed improvement, desalination, CAbFED, integrated water management, Colorado Diver issues, and Coastal habitat protection. The bond includes a broad array of projects, not all of which are strictly related to water. Some land acquisition is included in this bill, in southern California, and the Cargill ponds in the south bay. There is some controversy regarding this bond measure, primarily from the northern rural counties, worried about the potential to get future water bonds passed as well. The Transportation, Water & infrastructure Committee discussed the Coalition and Proposition 50 at their July 29, 2002 meeting. As a result of that discussion, the TW l Committee recommends than the County join the Water Bond Coalition's efforts, that we send the Coalition a letter of support, and provide fact sheets for County projects which fit the categories included in Proposition 50. The TW1 Committee will review those County projects with potential for submittal to the Coalition, at its next meeting on August 1 3, 2002. The TW 1 Committee also recommends adoption of a position of support for the above-mentioned Water Bond, slated to be on the November 2002 Ballot. SAMPLE LETTER Northern and Coastal hater Bond Coalition c/o Mike Thompson Sonoma County Water Agency P.O. Box 11628 Santa Rosa, CA 95406 August 13, 2002 Dear Mr. Thompson: On August 13, 2002, the Contra Costa County Board voted to join the Northern and Coastal California Water Bond Coalition, and provide to you information on projects within the County that may have potential to obtain funding within the context of the Proposition 50 categories. The Board supports the Coalition's work on incorporation of our funding requests, in some form, into the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, and other future bond efforts. The creation of an organized lobby for areas which have had difficulty obtaining funding is a sound course of action, particularly as it relates to a consistent point of contact with ready information for inclusion into bond measures or other state and federal funding opportunities. We look forward to working with you on finding the necessary funding to complete a large number of important projects for which funding is still elusive. There are a great number of water projects, aging infrastructure repair,watershed protection and other critical work for which funding is not currently available, or competition for limited resources is extremely fierce. Hopefully, the Coalitions efforts will bring some level of financial relief to us all. If you have questions,please contact our staff,Roberta Goulart, at(925) 335-1226. Sincerely, John Gioia, Chair Board of Supervisors WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 SECTION 1. Division 26.5 (commencing with Section 79500)is added to the Water Code,to read: Division 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 Chapter 1. General Provisions 79500. This division shall be known and may be cited as the Water Security, Clean Drinking Water,Coastal and Beach Protection Act of 2002. 79501. The people of California find and declare that it is necessary and in the public interest to do all of the following: (a) Secure and safeguard the integrity of the state's water supply from catastrophic damage or failure from terrorist acts or other deliberate acts of destruction. (b)Provide a safe, clean, affordable, and sufficient water supply to meet the needs of California residents, farms, and businesses. (c) Provide adequate financing for balanced implementation of the CA LFED Bay-Delta Program to: (1)Provide good water quality for all beneficial uses. (2) Improve and increase aquatic and terrestrial habitats and improve ecological functions in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary to support sustainable populations of diverse plant and animal species. (3)Reduce the mismatch between Bay-Delta water supplies and current and projected beneficial uses dependent on the Bay-Delta system. (4)Reduce the risk to land uses and associated economic activities, water supply, infrastructure, and ecosystems from catastrophic breaching of Delta levees. (d) Establish and facilitate integrated regional water management systems and procedures to meet increasing water demands due to significant population growth that is straining local infrastructure and water supplies. (e) Improve practices within watersheds to improve water quality,reduce pollution, capture additional.storm water runoff,protect and manage groundwater better, and increase water use efficiency. (f) Protect urban communities from drought, increase supplies of clean drinking water, reduce dependence on imported water, reduce pollution of rivers, lakes, streams, andcoastal waters, and provide habitat for fish and wildlife. (g) Invest in projects that further the ability of all Californians to live within California's basic apportionment of 4.4 million acre-feet per year of Colorado River water pursuant to the Colorado River Water Use Plan. (h)Protect,restore, and acquire beaches and coastal uplands, wetlands, and watershed lands along the coast and in San Francisco Bay to protect the quality of drinking water, to keep beaches and coastal waters safe from water pollution, and to provide the wildlife and plant habitat and riparian and wetlands areas needed to support functioning coastal and San Francisco Bay ecosystems for the benefit of the people of California. 79502. It is the intent of the people in enacting this division that it be administered and executed in the most expeditious manner possible, and that all state, regional and local officials implement this division to the fullest extent of their authority. 79502. It is the intent of the people that water facility projects financed pursuant to this division shall be designed and constructed so as to improve the security and safety of the state's drinking water system. 79504. It is the intent of the people that investment of public funds pursuant to this division should result in public benefits. 79505. As used in this division, the following terms shall have the following meanings: (a) "Acquisition"means the acquisition of a fee interest or any other interest, including easements, leases, and development rights. (b) "Board"means the State Water Resources Control Board. (c) "CALFED"means the consortium of state and federal agencies with management and regulatory responsibilities in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary. (d) "CALFED Bay-Delta Program"means the undertaking by CALFED to develop and implement, by means of the final programmatic environmental impact statement/environmental impact report, the preferred programs, actions,projects, and related activities that will provide solutions to identified problem areas related to the San Francisco Bay/Sacramento-San Joaquin Delta Estuary ecosystem, including but not limited to the Bay-Delta and its tributary watersheds. (e) "Department"means the Department of Water Resources. (f) "Fund"means the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 created pursuant to Section 79510. (g)"Nonprofit organization"means any nonprofit corporation formed pursuant to the Nonprofit Public Benefit Corporation Law(Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code) and qualified under Section 501(c)(3) of the United States Internal Revenue Code. (h)"Secretary"means the Secretary of the Resources Agency. -2- (i)"Wetlands"means lands that may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. 79506. Every proposed activity to be financed pursuant to this division shall be in compliance with the California.Environmental Quality Act(Division 13 (commencing with Section 21000)) of the Public Resources Code. 79507.Watershed protection activities financed pursuant to this division shall be consistent with the applicable adopted local watershed management plan and the applicable regional water quality control plan adopted by the regional water quality control board. 79508. Watershed protection activities in the San Gabriel and Los Angeles River watersheds shall be consistent with the San Gabriel and Los Angeles River Watershed and Open Space Plan as adopted by the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy and the Santa Monica Mountains Conservancy. Notwithstanding any other provision of law, this plan shall be implemented pursuant to Division 23 (commencing with Section 33000)of the Public Resources.Code in the watershed of the Los Angeles River upstream of the northernmost boundary of the City of Vernon and pursuant to Division 22.8 (commencing with Section 32600)of the Public Resources Code in the San Gabriel River and in the lower Los Angeles River watershed. 79509. Except for projects financed pursuant to Chapter 6 (commencing with Section 79545)or Chapter 10(commencing with Section 79570), to be eligible to be financed pursuant to this division, any project that will wholly or partially assist in the fulfillment of one or more of the goals of the CALFED Bay-Delta Program shall be consistent with the CALFED Programmatic Record of Decision, and shall be implemented,to the maximum extent possible, through local and regional programs. Chapter 2. The Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 79510. The Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 is hereby created. 79511. All money deposited in the fund shall be used only for the purposes and in the amounts set forth in this division and for no other purpose. 79512. Except as otherwise expressly provided in this division,upon a finding by the agency lauthorized to administer or expend money appropriated from the fund that a particular project or program for which money has been allocated or granted cannot be completed, or that the amount that was appropriated, allocated, or granted is in excess of the total amount needed, the Legislature may reappropriate the money for other high priority needs consistent with this division. -3- Chapter 3. Water Security 79520. The sum of fifty million dollars ($50,000,000) shall be available for appropriation by the Legislature from the fund for the purpose of protecting state, local, and regional drinking water systems from terrorist attack or deliberate acts of destruction or degradation. This money may be expended or granted for monitoring and early warning systems, fencing,protective structures,contamination treatment facilities, emergency interconnections, communications systems, and other projects designed to prevent damage to water treatment, distribution, and supply facilities, to prevent disruption of drinking water deliveries, and to protect drinking water supplies from intentional contamination. 79521. The Legislature may enact such legislation as is necessary to implement this chapter. Chapter 4. Safe Drinking Water 79530. (a) The sum of four hundred thirty-five million dollars($435,000,000) shall be available for appropriation by the Legislature from the fund to the State Department of Health Services for grants and loans for infrastructure improvements and related actions to meet safe drinking water standards including,but not limited to,the following types of projects: (1) Grants to small community drinking water systems to upgrade monitoring,treatment, or distribution infrastructure. (2) Grants to finance development and demonstration of new technologies and related facilities for water contaminant removal and treatment. (3) Grants for community water quality monitoring facilities and equipment. (4) Grants for drinking water source protection. (5) Grants for treatment facilities necessary to meet disinfectant by-product safe drinking water standards. (6) Loans pursuant to the Safe Drinking Water State Revolving Fund Law of 1997 (Chapter 4.5 (commencing with Section 11.6760) of Part 12 of Division 104 of the Health and Safety Code). (b)Not less than sixty percent(60%) of the money appropriated pursuant to this section shall be available for grants to Southern California water agencies to assist in meeting the state's commitment to reduce Colorado River water use to 4.4 million acre feet per year. 79531. The Legislature may enact such legislation as is necessary to implement this chapter. Chapter 5. Clean Water and Water Quality 79540. (a)The sum of one hundred million dollars ($100,000,000) shall be available for appropriation by the Legislature from the fund to the board for competitive grants for the following purposes: (1) Water pollution prevention. -4- (2)Water reclamation. (3) Water duality improvement. (4)Water quality blending and exchange projects. (5)Drinking water source protection projects. (6)Projects to mitigate pathogen risk from recreational uses at drinking water storage facilities. (b)Priority shall be given to projects that assist in meeting water quality standards established by the board. (c)The Legislature may enact such legislation as is necessary to implement this section. 79541. The sum of one hundred million dollars($100,000,000) shalt be available for appropriation by the Legislature from the fund to the secretary for the acquisition from willing sellers;restoration,protection, and development of river parkways. The secretary shall allocate this money in accordance with Article 6(commencing with Section 38682)of Chapter 6 of Division 24 or pursuant to any other statute that provides for the acquisition,restoration, protection, and development of river parkways. Priority shall be ,given to projects that are implemented pursuant to approved watershed plans and include water quality and watershed protection benefits. This money may also be used to acquire facilities necessary to provide flows to improve water quality downstream. 79542. The sum of forty million dollars ($40,040,000)shall be available for appropriation by the Legislature from the fund to the California Tahoe Conservancy for acquisition from willing sellers,restoration, and protection of land and water resources to improve water quality in Lake Tahoe. 79543. The sum of one hundred million dollars($104;000,000) shall be available for appropriation by the Legislature from the fund to the board for the purpose of financing projects that restore and protect the water quality and environment of coastal waters, estuaries,bays and near-shore waters, and groundwater. All expenditures, grants, and loans made pursuant to this section shall be consistent with the requirements of Article 5 (commencing with Section 79148) of Chapter 7 of Division 26 . Not less than twenty million dollars ($20,000,000) shall be expended to implement priority actions specified in the Santa Monica Bay Restoration Plan. Money made available pursuant to this section shall supplement,not supplant,money appropriated or available pursuant to that Article 5 (commencing with Section 79148), and no money appropriated pursuant to this section shall be used for a project for which an appropriation was made pursuant to that Article 5 (commencing with Section.79148). 79544. The sum of thirty million dollars($34,000,000) shall be available for appropriation by the Legislature from the fund to the secretary for the purpose of grants to local public agencies, local water districts,and nonprofit organizations for acquisition from willing sellers of land and water resources to protect water quality in lakes, reservoirs,rivers,streams and wetlands in the Sierra Nevada-Cascade Mountain Region as defined in Section 5096.347 of the Public Resources Cade. -5- Chapter 6. Contaminant and Salt Removal Technologies. 79545. The sum of one hundred million dollars ($100,000,000) shall be available for appropriation by the Legislature from the fund to the department for grants for the following projects: (a)Desalination of ocean or brackish waters.Not less than fifty million dollars ($50,000,000) of the money appropriated by this chapter shall be available for desalination projects. To be eligible to receive a grant, at least fifty percent(50%)of the total cost of the project shall be met by matching funds or donated services from non-state sources. (b)Pilot and demonstration projects for treatment or removal of the following contaminants: (1)Petroleum products, such as MTBE and BTEX. (2)N-Nitrosodimethylamine(MDMA). (3)Perchlorate. (4)Radionuclides, such as radon,uranium, and radium. (5)Pesticides and herbicides. (6)Heavy metals, such as arsenic,mercury, and chromium. (7)Pharmaceuticals and endocrine disrupters. (c)Drinking water disinfecting projects using ultraviolet technology and ozone treatment. 79546. The Legislature may enact such legislation as is necessary to implement this chapter. Chapter 7. CALFED Bay-Delta Program. 79550. The sum of eight hundred twenty five million dollars($825,000,000) shall be available for appropriation by the Legislature from the fund for the balanced implementation of the CALFED Bay-Delta Program. Expenditures and grants pursuant to this chapter shall be limited to the following : (a)Fifty million dollars ($50,000,000) for surface water storage planning and feasibility studies. (b) Seventy-five million dollars($75,004,000) for the water conveyance facilities described in subparagraph(B)of paragraph(2)of subdivision(d)of Section 79190. -6- (c) Seventy million dollars($70,400,000) for Delta levee restoration. Money expended pursuant to this subdivision shall be subject to Section 79050. (d)One hundred eighty million dollars ($184,040,000) for water supply reliability projects that can be implemented expeditiously and thereby provide near-term benefits, including,but not limited to,projects that facilitate groundwater management and storage, water transfers, and acquisition of water for the CALFED environmental water account. In acquiring water, preference shall be givers to long-term water purchase contracts and water rights. Money allocated pursuant to this subdivision shall be subject to Article 4(commencing with Section 79205.2)of Chapter 9 of Division 26. (e) One hundred eighty million dollars($180,404,000) for ecosystem restoration program implementation of which not less than twenty million dollars ($20,400,404) shall be allocated for projects that assist farmers in integrating agricultural activities with ecosystem restoration. (f)Ninety million dollars ($94,000,040) for watershed program implementation. (g)One hundred eighty million dollars($180,000,000) for urban and agricultural water conservation,recycling, and other water use efficiency projects. 79551. All appropriations pursuant to this chapter shall include money for independent scientific review,monitoring, and assessment of the results or effectiveness of the project or program expenditure. 74551 All projects financed pursuant to this chapter shall be consistent with the CALFED Programatic Record of Decision including its provisions regarding finance and balanced implementation. 79553. Consistent with the CALFED Programmatic Record of Decision,priority shall be given to projects that achieve multiple benefits across CALFED program elements. Not more than five percent(5%)of the money available pursuant to this chapter may be used for administrative costs. 74554. All real property acquired with money appropriated or granted pursuant to subdivision(e)or(f) of Section 79550 shall be acquired from willing sellers. Chapter 8. Integrated Regional Water Management 79564. The sum of five hundred million dollars ($504,000,000) shall be available for appropriation by the Legislature from the fund for competitive grants for projects set forth in this section to protect communities from drought,protect and improve water quality,and improve local water security by reducing dependence on imported water. No project financed pursuant to this section shall include an cin-stream surface water storage facility or an off-stream surface water storage facility other than percolation ponds for groundwater recharge in urban areas. No river or stream:channel modification project whose construction or operation causes any negative environmental impacts may be financed pursuant to this chapter unless those impacts are fully mitigated. -7- 79561. Money appropriated in Section 79560 shall be available for grants for water management projects that include one or more of the following elements: (a)Programs for water supply reliability,water conservation, and water use efficiency. (b) Storm water capture, storage,treatment, and management. (c)Removal of invasive non-native plants, the creation and enhancement of wetlands, and the acquisition,protection, and restoration of open space and watershed lands. (d)Non-point source pollution reduction,management, and monitoring. (e) Groundwater recharge and management projects. (0 Contaminant and salt removal through reclamation, desalting, and other treatment technologies. (g) Water banking, exchange,reclamation, and improvement of water quality. (h)Planning and implementation of multipurpose flood control programs that protect property and improve water quality, storm water capture and percolation and protect or improve wildlife habitat. (i)Watershed management planning and implementation. 0)Demonstration projects to develop new drinking water treatment and distribution methods. 79562. An amount,not to exceed ten percent (10%) of the money available for appropriation in Section 79560, may be appropriated by the Legislature for facilities, equipment, and other expenses associated with the establishment of comprehensive statewide groundwater monitoring pursuant to Part 2.76 (commencing with Section 10780) of Division 6. 79563. At least fifty percent (50%) of the amount available for appropriation in Section 79560 shall be appropriated to the board. The board shall establish procedures for selecting among eligible projects specified in Section 79561 that use the procedures developed by the board for stakeholder-based accelerated selection and contracting pursuant to Section 79104.32 . 79564. To be eligible for financing pursuant to Section 79563, a project shall meet both of the following criteria: (a) The project is consistent with an adopted integrated water management plan designed to improve regional water supply reliability, water recycling,water conservation,water quality improvement, storm water capture and management, flood management,recreation and access, wetlands enhancement and creation, and environmental and habitat protection and improvement. (b)The project includes matching funds or donated services from non-state sources. 79565. Notwithstanding Section 13340 of the Government Code, the sum of one hundred forty million($140,000,000) is hereby continuously appropriated from the fund to the Wildlife Conservation Board, without regard to fiscal years, for expenditure by the board and for grants; for the acquisition from willing sellers of land and water resources, including the acquisition of conservation easements, to protect regional water quality,protect and enhance fish and wildlife habitat, and to assist local public agencies in improving regional water supply reliability. Chapter 9. Colorado River 79567. The sum of twenty million dollars ($20,000,400) shall be available for appropriation by the Legislature from the fund to the department for grants for canal lining and related projects necessary to reduce Colorado River water use pursuant to the California Colorado River Water Use Plan adopted by the Colorado River Board of California. 79.568. (a) The sum of fifty million dollars ($50,004,000)shall be available for appropriation by the Legislature from the fund to the Wildlife Conservation Board for the acquisition,protection, and restoration of land and water resources necessary to meet state obligations for regulatory requirements related to California`s allocation of water supplies from the Colorado River. No money allocated pursuant to this section may be used to supplant or pay for the regulatory mitigation obligations of private parties under state or federal law. (b)All real property acquired pursuant to this section shall be acquired from willing sellers. Chapter 10. Coastal Watershed and Wetland Protection 79570. The sum of two hundred million dollars($200,000,000)shall be available for appropriation by the Legislature from the fund for expenditures and grants for the purpose of protecting coastal watersheds, including,but not limited to, acquisition,protection, and restoration of land and water resources and associated planning,permitting, and administrative costs, in accordance with the following schedule: (a)The sum of one hundred twenty million dollars($120,000,000)to the State Coastal Conservancy for coastal watershed protection pursuant to Division 21 (commencing with Section 31000) of the:Public Resources Code. (b)The sum of twenty million dollars ($20,000,000)to the State Coastal Conservancy for expenditure for the San Francisco Bay Conservancy Program for coastal watershed protection pursuant to Chapter 4.5 (commencing with Section 31160) of Division 21 of the Public Resources Code. (c)The sum of forty million dollars ($40,000,400)to the Santa Monica Mountains Conservancy. Twenty million dollars ($20,400,000) of this sum shall be expended for protection of the Los Angeles River watershed upstream of the northernmost boundary of the City of Vernon, and twenty million dollars ($2.0,000,004) shall be expended for protection of the Santa Monica Bay and Ventura County coastal watersheds, pursuant to Division 23 (commencing with Section 33004) of the Public Resources Code. -9- (d) The sum of twenty million dollars ($20,000,000)to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for protection of the San Gabriel and lower Los Angeles River watersheds pursuant to.Division 22.8 (commencing with Section 32600) of the Public Resources Code. 79571. Ten percent(10%) of the money allocated in each of the categories in Section 79570 shall be used for grants for the acquisition and development of facilities to promote public access to and participation in the conservation of land,water, and wildlife resources. Eligible projects include,but are not limited to, the following: (a)Training and research facilities for watershed protection and water conservation activities conducted by nonprofit organizations. Priority shall be given to projects operated by nonprofit organizations in collaboration with the University of California and public water agencies. (b)Nature centers that are in or adjacent to watersheds and wetlands identified for protection pursuant to this chapter, that provide wildlife viewing,outdoor experiences, and conservation education programs to the public and to students. Priority shall be given to projects that are operated by or in cooperation with nonprofit organizations and are designed to serve children from urban areas that lack access to natural areas and outdoor education programs. 79572. (a)Notwithstanding Section 13340 of the Government Code, the sum of seven hundred fifty million dollars ($750,000,000) is hereby continuously appropriated from the fund to the Wildlife Conservation Board,without regard to fiscal years, for the acquisition,protection, and restoration of coastal wetlands,upland areas adjacent to coastal wetlands, and coastal watershed lands. Money appropriated pursuant to this section shall be for the acquisition, protection, and restoration of lands in or adjacent to urban areas. Eligible projects shall be limited to the following: (1) Acquisition,protection, and restoration of coastal wetlands identified in the Southern California Coastal Wetlands Inventory as of January 1, 2001,published by the State Coastal Conservancy, located within the coastal zone, and other wetlands connected and proximate to such coastal wetlands, and upland areas adjacent and proximate to such coastal wetlands, or coastal wetlands identified for acquisition,protection, and restoration in the San:Francisco Baylands Ecosystem Habitat Goals Report, and upland areas adjacent to the identified wetlands. (2) Acquisition, protection, and restoration of coastal watershed and adjacent lands located in Los Angeles,Ventura, and Santa Barbara Counties. Any project financed pursuant to this paragraph within the Santa Monica Mountains Zone, as defined in Section 33105 of the Public Resources Code, shall be by grant from the Wildlife Conservation Board to the Santa Monica Mountains Conservancy. Any project financed pursuant to this paragraph within the Baldwin Hills area, as defined in Section 32553 of the Public Resources Code, shall be by grant from the Wildlife Conservation Board to the Baldwin Hills Conservancy. (b)Not less than three hundred million dollars ($300,000,000)of the amount appropriated in this section shall be expended or granted for projects within Los Angeles and Ventura Counties. Of the remaining funds available pursuant to this section the Wildlife -10- Conservation Board shah give priority to the acquisition of not less than 100 acres consisting of upland mesa areas,including wetlands therein, adjacent to the state ecological reserve in the Bolsa Chica wetlands in Orange County. (c)Not more than two hundred million dollars($200,000,000)of the amount appropriated in this section may be upended or granted for projects in the San Francisco Bay area, as described in Section 31262 of the Public Resources Code. Any project within the Sari Francisco Bay area may be by grant from the Wildlife Conservation Board to the State Coastal Conservancy. 79573. (a) The purchase price for each acquisition made pursuant to this Section 79572 shall not exceed the fair market value of the property as defined in Section 1263.320 of the Cade of Civil Procedure. Fair market value shall be determined by an appraisal that is prepared by a licensed real estate appraiser and approved by the Wildlife Conservation Board and the Department of General Services. (b) All real property acquired pursuant to this chapter shall be acquired from willing sellers. Chapter 11. Fiscal Provisions 79580. Bonds in the total amount of three billion four hundred forty million dollars($3,440,000,000),not including the amount of any refunding bonds issued in accordance with Section 79588, or so much thereof as is necessary, may be issued and sold to be used for carrying out the purposes set forth in this division and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The band proceeds shall be deposited in the Water Security,Clean Drinking Water, Coastal and Beach Protection Fund of 2002 created by Section 79510. The bonds shall,when sold,be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the;tate of California is hereby pledged for the punctual payment of both principal of and interest on the bonds as they become due and payable. 79581. The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720)of Part 3 of Division 4 of Title 2 of the Government Code), and all provisions of that law shall apply to the bonds and to this division and are hereby incorporated in this division by this reference as though fully set forth in this division. 79582. (a)Solely for the purpose of authorizing the issuance and sale,pursuant to the State General Obligation Band Law,of the bonds authorized by this division, the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 Finance Committee is hereby created. For purposes of this division, the Nater Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 Finance Committee is"the committee"as that term is used by the -11- State General Obligation Bond.Law. The committee shall consist of the Controller, the Director of Finance, and the Treasurer, or their designated representatives. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee. (b)For purposes of this chapter and the State General Obligation Bond Law, the secretary is designated as"the board." 79583. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this division in order to carry out the actions specified in this division and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. 79584. There shall be collected annually in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on,the bonds maturing each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do so and perform each and every act that is necessary to collect that additional sum. 79585.Notwithstanding Section 13340 of the Government Code,there is hereby appropriated from the General Fund, for purposes of this division, an amount that will equal the total of the following (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this division, as the principal and interest become due and payable. (b) The sum which is necessary to carry out the provisions of Section 79586, appropriated without regard to fiscal years. 79586. For the purposes of carrying out this division, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized to be sold for the purpose of carrying out this division. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund,plus the interest that the amounts would have earned in the Pooled Money Investment Account, from money received from the sale of bonds that would otherwise be deposited in that fund. 79587. All money derived from premium and accrued interest on bonds sold shall be reserved and shall be available for transfer to the General Fund as a-credit to expenditures for bond interest. 79588. Any bonds issued or sold pursuant to this division maybe refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 1.6780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of the bonds shall include approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds. -12- 79589. The people of California hereby find and declare that inasmuch as the proceeds from the sale of bonds authorized by this division are not"proceeds of tars"as that term is used in.Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitation imposed by that article. SEC. 2. If any provision of this act or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. -13- February 6, 2002 Name Affiliation ,odd cess City, State Zip RE: Northern and Coastal California Water Bond Initiative Coalition Dear Name: As you know, California voters from time to time are asked to approve ballot initiatives that provide bond funding for significant water-related and environmental projects throughout our state. Our Association is presently working with officials from various coastal and northern California counties, cities and special districts to coordinate support for regional programs in future water bond initiatives. Our intention is to develop a regional program of high-priority projects that can receive significant funding from the state ballot initiatives. Staff will be contacting you in the next two weeks to talk with you about this effort and your interest in working with us toward this objective. Specifically, we need to know the names of persons in your area that we can invite to attend meetings to develop this coalition and persons that we can contact for further information about local projects. We hope to prepare a package of projects with brief project descriptions that the coalition can support and that the legislature and voters will approve for funding. We anticipate that this compilation will include projects related to water supply, sanitation, fisheries, water reuse, flood control, non-point pollution prevention and wetlands. We have developed a standard, one- page project description template and a sample project description which are attached to this letter and would seek to include projects that offer a fair representation of the high priority projects in each county that participates in this coalition. We will plan to hold various meetings in your area to develop this project package and to assure that your organization's priority projects receive full consideration. Page 2 —Northem and Coastal California Water Bond Initiative Coalition February b, 2002 If you have questions about this effort please contact Lisa Sheldon at (707) 521-6206 for further information. We wi l i look forward to talking with you about the coalition and hope that you or your colleagues will be able to work with us on this important effort. Sincerely, Jack Gibson, Chair North Bay Watershed Association Mike Ferns, 2"' District Cynthia Murray, 5th District Sonoma County Board of Supervisors Marin County Board of Supervisors Attachments ............................................................................................................................................................................................................................................................................................................................ Page 1 of 1 Modoc Lessen bpi&: Trinity Northern Water Plumes EiD pine ent me . f) Tuolumne $An Joaquin Mono San Fr Mar iposs Merced Madera e e7-Cruz Fresno s 5enitv Tulare Kings Kern Le Lc Counties Interested file://C:\Docuiii eats%'—)O end%20Settings\lgoulart\Local%20Settings\Temp\U.Lotus.Notes.... 7/23/2002 Northern and Coastal California Water Bond Coalition Project Summary Year 2002 Funding Needs For 30 California Counties COUNTY ENTITY APPLYING (Responsible Organization or Agency) PROJECT TITLE PROJECT CATEGORY (Drinking hater, Wastewater, Fisheries, Wetlands, Water Reuse, Non-Point Source, Flood Control) PROJECT GOAL AND BENEFIT(The project's purpose, significance, importance and relevance) PROJECT SUMMARY (A brief project description, in a bulleted format, identifying key elements of the project) i i t PROJECT STATUS (What phase is the project in now?Planning, Design, Feasibility Study, Construction, Other?) COLLABORATIVE PARTNERSHIPS PROJECT TIMELINE: WATER BOND FUNDING REQUEST ($): (Amount requested to complete project) LOCAL/OTHER FUNDING COMMITTED ($): (Regional Water QualioJ Control Board Preferred List For Funding?, Coastal Salmon Funding($)Received?, Other?) TOTAL COST O: Northern and Coastal California Water Bond Coalition 2002 C:i C.7 G7 C1 CJ O C7 d O O C3 C7 © C? G� b C7 C:7 C:i C� CJ C C31 O tt7 C7 G7 O C1 CJ C7 CV C7 Gt C7 C7 C7 i*- C.7 i- C,� C:s Cs C,� �„� C CSi+) t1') a10DrG7rC700Mtn ct00 rr r CV N �-• C7 r ® CrJ tt7 tom. �-• r C�i Ef9 EH c55 t� M M t" CL 0 t`" cq 63 6c> d' 6 CV r CV tX'S 4'9-14 69* C'1 6%6s Z 6- } V3 rEf}�3 Ef3 r4�3 tfy hr a°1 LL `C7 C y O ca G C >, C N cll N 0 V = 0 0 0 cueqs-+ � LtJ 'I- CLY C C C CL a? o 0 cm NL7 N Q3 M Cf1 a) :i am C6 " Cts LL. U- CL v- v `moi E u E C6 y p (} CM cm 2 ct a) cu 4, c a) � CL ro 'o (n CL m d o o , acr °�' cu7 °�' +� c E co cu c t� U y °� c co tcj a c [� a o c a E CL = 0 cL7 = = cd ca iri n U CAS C a a) 'a � s ►� H ca ay to CCI m to a� w L c -i o 0 ca Cl C3c0 a >% M -Nd .ecu = = 0 c0a om CL Ma�?i :m ii m M 0 cv cn ` f CL `�'.� Ct MCLwCt: cV �5 � <tcn � UUU ¢ d ? a. co a M co G 0 c 2 _f CU tU d1 D i!i ++ C LL �' ro E � . r- r� Co` Mt� G7 L u u c d o to 7U '5 a) W a a. U) cn v n OL 3 o c codad '6 60S UUCIC7C� t� [] � 'S � � — •— 0 L c > as © 0 tvUUUUU o o rn mC� l:1 c p .. a� � w � � s s Q a5 p CL CL . ar � � cats Cum otgooro c U., c ;:. U U mi c c c c c Lti1 = c to c c c c c c c � aa cu m r— E02a) w o o o o o o30 a; N 0 0 c o w `0 � UUUUU o c cUUUOL) ao U c� a' ro ea a) -E c o E -0 -a as cu o t� cv a� a� a7 0 MMCts - 00 0 M t0 R,a � a 0 Q d 0[i m M CO M Z 2 � � � J J _3 J J - .j Z Z M •_ ... otCDe 4� o a 0 y D (1) 4-. (ll E d) +� > (ne _p2 CL a of w W m a E Ql e va 4) M e avZl lh a� m � 16 r_ a M � v '� cOJ = = c cccccq 4- cc � � OQ =l00 � UcUUUvvUVUUUc UUMMOCu0 a ,r n Q c c c c E E to to to a) (D ai a> w o a) a> ar ai a) ar 0 � c r cs �sT2- Eto t� mca � -234 -- �c .234 -,23234 a- m CL, 1 +`'�` t�3 U C7 {� J t3 d Q CCI M CM to M Z J 01 J .ot J J a aaac� ac� aoaaaaacsacsc.� r� aar.� aocsaoac+ oa . O a00CDC) aaCC) aC> aoaaa0 C> aaaaaaoaoa 00 cV cu -a a C) C3 a C GU a s a 0 a a 0 Ci C� a a a a O C] J a G7 C3 tJ a a O b p ocsr�uiaC;+ c� r3 �cScioci © cia� acic> oCCSC; aooaaoC� a a a0hba0 a a a a a a � aNLnaa0aCV a000ai() aa0 a y I- a to M in a 0 0) 0 Ut a LO h- a cc 00 t7 a 0 a 6r? r- LO U') CC! a T U3 U') c(5 U') r fl2 a C4 66,E), e� E6 `r ( cD I�q e- N z a d' CA Itj Cl a t.6 -1ir E9, L6 1 e- ER Eft E!3 Eft Ef3 64 NEf� r Eft E4 E33 LO tVE33 69.� ? Ef? 69Lt4EA 6F}EF} Ef} w � L p CII cn t*'Scl C7 0 Z CLQ �L m * Q w tti C L CA SCy C C O �� w CL C V a CL 2 .0 w CL = 0 e o .y L) w _ w U o CU Ct c aL Z r- � '� w r a) 0 e v a tTS �. vs to -0 C L C a �76 �. O w e C; w -6 a) -a !J3 > Ll? C� C N RS tU � 3 ca CL >j CV c w E c > cots c a E � S ptn � +, 'a o e L c6 C Q �- L CL c w CL L C w as C7 W e 2 m 'o'2°� L7 ' S a% w (j ` o w [Lin � .rL waLCL `'s °_ >, _' E0c caU) � cyr � � 'c O a. w - CO L (,� L L CL ti .tr,. .+." to /� 0 O 0 +`- CS'ri D V 2 M m Co in O ca 0 ct to a ++ L e C E U c4 N m e U Ct7w ca m F- L a F- c "co � w e °F- 3 U) � � 'co cv f. D Cs 0 o w ci+ � �, �? � � = o C3 � aY a> � � � c: � o '�– ttt U) cn w w e cac - S3 o tv 7trmF � m » wUU) 0doCi � w0cm � � occ c ~ v in d w !� '> cn m c � UU • �' aUUh roy R7 L tJ L L �'� >. 0) 4 d C� tS1 sn U w d L G U m (t7 E w C: M 0 L7 n > w dr C> 0 cm � U) C C w C 3G c+) ++ p w w C cts C3 � — LL � C flap � �; m � � oas � caa� at°ii� roa�s . X00 -,e ' mrocevvl w cc {1 aU) �x � _ Ui.utn Uvcnctyrr� � :rs2cq (nU)z � d U) clU) U- r? w L +c aa) 0 Q � o2zUU p W CL USS Geo r`n c� cc m m N NLLLL � Qcnc° ?� ?� .� UUaac`a «� c`vc`tsm U) EE �. u� v © " WU � Ut3 r-• m +� t1] m a N� TUU c c LL LL 0Co c� dd>> d- a. coca � ctsm � UcaasUU U) U) N N U) m m 'M— -a .0-,,d � �. � � o c° C13 ca cts ca cts o a a � © cws 3 m o aD L �s as cu L �s > UU E E >, > (nu� U1U1 CL >,UU � � � � � wwe c °; Ecoc� � ccaroa � cc C c c > c -o c� y, fl c e c c c macs cs v >. >, > > e c c oaww = wwwpeE0a0ao ( cammcaoate ® : mCsomcs ads Ozz2f ! :Mw YUmMM2 ZZ0000000000OWW (n L C C C C G C C L cccccecc >� �' 8808—) UUU � mm � m � 0 0 0 0 0 0 = •- ;m �m c c m e tG7UC CCJUt= Ue MCDC"aw " 000UUUo0000000 - � aco ID o o a 0Z -M m a m m m m Umcm � = E E cs a E E E +y C ° ° ccCO a M aL :L a� 2 O o .a `u '; '� -u .0 � 'tU UUUUU U " UU ) ] l oC ` aL . ` C7 -0 wwaC2 CSe c C c e CemCsasz +2 .w C CG C C C C C C C `C C C w CgE 2 � cZZ (n {!) U) U) U) (6cnU) U) U) (n0U) t) oo �sooc7e� c7c� c� c.� cac.� oc� c5r� c� c7or.� n c cracooc� oc> cr� cac� raC� oc� croey000 n cV rn oc> c c� nnncsc� cse� ccs 0000000000 n a p aic� � esociocici�ici� ci � b �+ Coicic�oc� o et a e C r N C clN 0 0 N C N r 'ti' 0 U7 N 0 0 00 r U-) m h- O N CY 0* m 't 6 r 69 Cq 691 619,Eft CV r_ CV 'd' r' c Z Cil ff}6s# r 64 r 64 6q 69, 69? co 6c r 02>69 69 H} 1� P 69 E 69 Ef3 69 1+ 40 a7 uT c0 N ro n mirU .� E o a Nom' c v ccL CD tis a- 0) E N a E r- o li v L A as n � Qcuc as . E E .e aCDH Q U' ca was ' m a. a E rn to c c a ti �i > a) &- a-�- }V U7 E c `'` = ocn E � c E 2 can a aL teas cCc 87 tss as3,� 0- � vva �� CL ?� as - �. c tf1 E c�. �- a > m ►- y � in Eh 0 ( c E c � a cLi� CL :z �: 8 cm a) Vu -c_�a f � � e CL ° �� v7 w U � a cis ray.� o yry C.m Co cu CL L Cn a) C � VI ar �' CL - > as a E c� RS � 8 c� tf1 CU m *, c � 0*5: c *' E .= tn >,, . a, 3: - c a �:' 2 c: j p TO Gi cD L a) c = c ` c C ° y tD fJ C L E a) U" = _ + CJ Cu tL 'Cj c cU C a) m 't C roU CL rr 0- Qr a L) tD0 u_ cecnU- w z n: c 0 .a u LL CD Ji! 5 5 a can a 00 E � 0 V U U a c C C� �i •di ups �'i � .� � tBCi UU �JC1 U[� EL' iY7,LYn' '!� WOO c cc a m cU �� >a°d- �= imENCww. w. > 5 � 4- a- W E E E Lo L = 7 a aaCtC4a aC0 00 Car S ° i0U) in) n000UmmmccnW � 0 m 4) c c c �s a s c c c c c a t: K- t1 c c c c c c c = a = = a a ae- 00 C% N N N a a a = = a a a 0 o 0 0 o a ==1 EEE1a00 = yaam' =l» 00mmmm o n � • oaroa as 0o ccso00o0o ns V �, oaoaoa ooa0000aoa0000a m ooa000 L as ocSccicscie- - --+ - - - - ac o � CD- oocooaco0000000 o c' cVoaoaao a000coo ocnooc 0LO0 0C� a 'It aaG aooaCCL aooh: 'et0001h- m 0r- C3r: mCOLO lqrm �t0eteFC M " 1.6 L6611tco CV) Z <- N M 6,9,64). o 64 409-61�. N tfr 69 69.69.64 EA 6q 60q� 6$ C E C qCj a. 0 p EL Ca CU CU o a. c — r Co '� v ca > O ° W EWA aa � m C Q ❑ p > v CO 10 Cm •w L 0 CL "0 m -p er d w CO r-CLLO " cc c c - = CL _ c CO �, aS C cu a c 6 C 0cru � � � N0 � � m � m0CL 0 0) cn `cl) a) N E c ya) cu � x c� a. o � Ca 4 J : '"�'' L � /per I� mac+ : �i. -0 L r w 7MO E c S y�y � ro b o . Lu3 (DcuCLo +1cs a Ec� E � ' a� m0Wcat�l ,n U0 ) a) CU a -0CD Srnoati ca n Cm Cr w L CD CS ° > V >. `� >. UU roCl Ca' .� upi C e (DU ccu c CD �- Cu CO -a 16 = to 0C c 03 ,0 m `� � 3 � 3 3aQCu � -� - E � ccs � cva� yo � roc00 07 E CL C) 5U ; U 'SU wt H � S = � re sU > w �= Q ca G E N CL 0 p O C CU •� `h Ca � " a)Nit Q C CS 3: � C LnC ` C CO m Cif C CL CD CD U c c � CO c a W CQ y,(n 0) (n f o u) s � c a�i �'i "- G14 CU CO UU U � a o c 6 0 0 w v=.- OOCD o © ddUU _3 _3z000 � t� � � UUUcS ea Li L E i.yCr m 0 ,9 L y(d c G C C G C C C c C U t? U c c C C= o p p 0 0 0 p 0 p 0 0 cmeaCU000 ODU 000u 05 � C UUU U p p 0 p 0 0 p p a 0 0 �° ro cap Zc cco � eva � anaz� a 02mMa) NC _'nc"o c�accomeeimaciceiccv � nciaG� acia=iaci U C7cc C� OccOccccccccC) � c cc © c �= Oc C� OC7C7OO �7cG7C3C3C5t� t:sccc cccc CV [3 tm U) CD c 0 0 0 0 c c c tti t"'7 c 0 1�- T- c CV c c 0 0 0 � tU 06 vi th CV ,. r , C) C, c �- e- C'd LV c e- 06 06 CV <, - M Z N 6Cr 615X 61)- M 61).641�. 610.61}69.6ctN 69—409,64 69 69- Lt c O `c16 Ct1 �! V1 L 'a N U ED C1. O O ZJ Oi U = T,1 �- �` Um c [l CL L Ll. CL C3 v c d E ' cv tv cu Ef9 111 U 0 L 1a. a) Cl N 'UJ CED N ro M tl3 �7 Cl a 4) C U7 �- t17 taiLu `" 'a 2 L E L E tL1 v L a. v to 3 c IL a) 0 CD C] > 2 ofl. a� tj o CLrn > E E In ECL E L N 7cly06 Ua. cc Lu- 0 c U) U) U) ,, E to es - cu cc U) c ra E as rn Cj cts tL- v c CLW S' m Ecu -o CO U- t w 0 L CJ c U) c .� c c co rn N c Mn eu E- � U cc'oen �' Comm " �' °7 E E � � LL 0U fes+ a °- a co 7 c +. L LS J N c L o c� c CLP-- -c 3 8 W � 3: 0 CL0LL a .2 0 = � mtj CLIXNCCXL) JJcnU7 "EtlQ D < co0J �C7c17U) dti W Of to t .r .LA sin�+ em+ rc+ .E rn — c cC: c c G 0 0 0 , cui O 0 9 Ct1 � � � C C .9 C 0 0 � � tLtf 1L4 CLQ N 'C c C C c N N N (n U) cn L CD '2 -2 "2t2.� 0) U) r`i� cl� u) UUU �?' E to c 0cc ctr3MM ccccc o c CD (n� } w w�- w�. U) O C7 CS C7 d 0) U) t) N N X c c � �' wwcn a E E E E E c c 6 2 L � �, Cwiv- �r- c c a c c +AUUU L CG tp C c t� 0 . c-Se L1 �1 �? tLU C� CS tC tis cit Ca 0 CL J U U C.) 1 U U U U U LL U_ Ll. tL Lt. cJ CJ U U) cn co ch Gi 211 w tffi C C�G C C #�. >✓+ K'i Q� d U -i� z, Z ti! c C7 GT til tg ftS tt3 tt3 O C7 /O♦ r0 r0 ra /0 08 , 88 0 C7 �C7y ��T]y �({y Q2",0V0 m m CSS m u tai c t e E E N N N N N N N N N N N N cu = 8o wtucucutu2222222 22222 m � m m g zcc„ ccccccc c c cc cccccc 0 o m m tis m ca crs tis Cti m Cil � ea cu co co c� tss n1 to to to til 0 2 Z cn U) U) U) () U3 U) (D U) U) (b U) U) (n U) (n U) U) U) U) (n U 0 0 o caca o 0 0 0 0 0 0 0 0 o b o 0 0 0 0 0 0 0 � oc� r.� 000aooc� or,.� r✓ 000rs000crc� o o c-� . ro aCc� 0000000000b000aooc+ c; b o 0 `" o� oaoos�: cScvv" oa � T= cic� ocSc7cidor,� Ci �tia r o tyu7tf) c- Mt3> C+7tUorYNCV tJbCtONhti1`r- C, b696fSM a0 4"' y 69 ER 6", C, M <6 t+,.k'� Mb C� 0 cve N C7 cv Ci e Z El3� �tf}el).6444&9 _EH�6r- 61).EAJ61}6t1 ��19. 0 Ta LL U a Xaw -0 Oa- acu lLli O N C G u7 C� y. O O O C Cbl CSL fl. aL m Co L u O � D Q) cb RS Q Q ill a _a 0 � � m CL a ,� O a ° ro -� cv cz N U- ccccoo 3m ns c mo cu aL d 22 c � L -0 cic c `—E� cau 0U �- a C m cu i S Ls 3 cc ca 0 � '� 3 � � [C tc E U} vsaUs LL LL i- ~ asc°a5aL70 < cos as o _v L LLw G c 0 .- o o N 0 � m Q Q CO p d rd c � co L on !i u. cQ tv + a U c ooc"'a �c � < > 0 arseiu is =� v c F- e m c L co U Q � E a ro 'rs It m N o .0 o0 a) mcv "� � aar co o ��°// US�Gy' ro a _ d C '4"' L t+ i.f.. ii.. U- CU a) cn � o cess Q Es cum aC P *0 '� co 5 le ccw a ro as ro w co c� a a s a e — 20dmtj a. Un. cnU) Um -jZCL SW rntncnzw0 w N Q ) O� � ;t f c csr ro E mad" QQQd L ca n? U ticc m 0 Cc ca aas t 7 cc E a)0N � ai c � = c =41 o o a 0 � ) va) cv c � 'N L) ao +� `m o 0 0 O +- etl •m O O O O O O O �C3 Cy " E OQ Gs O Q G C " ;L +� lecC C 0 0 0 CS O O O 0 L V7U00C) L) UUUUt f U) CD m Lr w R5 C v � !6 U 7� as c c c c c c c e a e c a = aa = a = a =1a = 0ocsaQaaa U o o r� a a a a o a Q U c7U U UtJUcJ a a a ui UUUUUUUUCJUl.) rorororoMroroMOCaa Ja co cu � w � ;� E E E E E E E Et? tQ) Ut�'J U p 4; un v� cn vt vs u� cn cn cn cn cn t� o t7 a Q a Q a o Q o f co cv ro co ro cis ro ro ca ro ro cu c c c e c c so c ca ascs � sssss= sso0acoaaao0000 Uinintncncncncncncntncncncncncncncocnv73- >- � > o v � N a CL � c o t3f CL (L , W 0 o c a a � g'•� a `� s to ct 4-6 16 o�. C:46 ,? 13 a v N 0 � c UR act ct � �M) JM totem N dd 0 0 J2 i° � a) r a arc ° rs + o ¢ a � � ' ++ U .,fpr t`� D too � � C� Cs00C 0C) 0 �' OOOd �> C: ac� aoocsc? c? c7oc� csooc5 � ocaarc� � Ecco (DLoFrioo © coscia' cia � o0C) 0 Ncscs _ r fca oc- mON m N KD ytS r- �.. C37 eF tr1 �`' LCF tom- Cr7 CU N �. m 64��64 C3— N Co tif7 E�}• Q eA +- N cO ct) N Lo N 6t). 64 60.EA ER a4 } (¢}b4 EA E9 H4 Ef3 a LLa 76 U 0 •� E � ++ c US w "'U O a C3 = t c5F cD O O a- Cj O t7 Q CA Z7 w � '> cc ro +: a. cU c w o > 4 m as w u- a t? � � 0 co a a co ,� E C L Cl O Y a o CL f'i cc ca 0 U) a CD Ew Q cis E ca p > d a� a cu E cc U v a) o 0 06 Z 0 — .—c u- N - ci3 `� c U o0 c" U cn as vs C1 I M c N ( w © J a Gs w cu UJ w as o a7 0 c c a) xs a a Co r— as a a o a w as > C6 c c s raj 0 c`Fs c ` > i' c = cc�wcm co c � we CD m 'aym mom U n o m m w 0 a ( � a � 3 = w � D � L 'c �F «� oa 3 jag2ww � � v7 > ? www� acrom vs t 7 c c w L E m a 0 > > c U C.> C °� a c�wc a ,:— U c .0 sai a s c c a>s o m c a ° c c - 0 a o a cva 0cuma 0 w a a cDttUUu., asUC� UU c 3 <r a a a CT w va a ct1 Ln ca in CU � C3 C5 U c d CL M < < 0 0 a 0 aa o a a c rn '•� � = ' rc c c c w U U xa s a � o 0 roU o (>s CG d? yc4 L 0w ` W E00C)C Lc ` f-L00<( > U 0 (n acLn 0{... 0 (-)ty JC0EnLt, *- 5) r, C7 i1 C7 O C7 Ctl a C o w a Q w V w 9 cid CU as = U gl U ! m ca S c c c rGV c o, 0. ~y to m m m F30 Cit— rnt� cnrnm �t <t � cn w c a C � o � as a � <t ;� ° � v � _ Hca a) a c w ddcu p o � (n CU w � L- a cc C: cn oa� cuvs ww �sw 0 3c° 00a � a a aLo M ca ca ., cats a 7 m a m Gl G7 2 m o a v o c = c °� c >. > M cc 7 M cc d O c m sa ti o a `'> p cc c c e = o a = - = O O w U U U v, w i=' U Uaa � © UU U ' cco � f � o (n x �' aao as a � pwas cccU ,. wca NEW E — U0mm0m tJ oesa cs w a ayUUU as c c E E c E � c E E 12 asnways w � c ea � CIO 0) 00 "m 'a ` 'aaM � �scacaccc .c o � cnt� mmm � tac� � r c� }- oc� cntnm <t a w E ¢ <tcn ° ca7Ui �`-' magi c—ccf2CL CL us cc 00. aWs CD0(saD 00 w 00 us � ccs �a_ cacac0 0 a) Hca U0000 cc C •5 as us w cifnL to a E E >> 0s O LU a) aa o cs cs F yYto � �' c c c t•' aUUV �> U a c c o V CD 0 � 0 w 0 0 0 0 a a 'a -O v 'o p a a -0 -0 c a=s 0''.s o 0 'CU c c c c c U a o c c w U U U La � 'Uc/3 t� UUCJccca ccwaa UU � �cu rncccv aw' W 0 as w as w w w c c c c c c c c 0 m n c*n n cc o O w w w cU w a5 cll a1 CFF C[f cz co � a) in ca mmCLimUC7t9t9U—' C9 C7t� U—' fl tttJ7tnu1 (!} Cf} v >.............................................................................................................. ty t� c� ca � c� `Dcc'isoc`�9CO oou �So U-) CO Lo U) m UO U ,'f l' CY7 c� N 10 NNmc M �- EO h� X 69• 64 69 6 £f3 64 vv4 b9 f¢}6R3 ff3 E �J C7 O � U5 N L [L m CU E 2 c N Cal � � � d ' uci3V cm2 2 ca tS O a ff? U1 M is cn CV M Vi CO ti_ U- �c =) N tcj o � 'UEc QcUaaiac'i � .> 0` p Co W CL 0 c �� 0- CL ro rO a0(D nr rn4; < CJ > !1 wa) co c' eCD M co to c 00- c � S u,Lyr3 }ID - c -ON c s m 41 2 cu o d U d c'e� S vc cc � 00a e �Viz' c? 1300 0c M c U. +� L .. L Cie M r cts � a� � =Z=00ovMOM L ❑ t�3 0) CU y1 O C O Q1 = . = LO tm Lm O u7 co cr' M Ea � u7 tv cs o c t c r a) 1 75 11 tfJtJU E E ENSU " cU Mc n� a� ccoo. � oor� c93 � CL ecu ast�vci `ooz� Ua2 ns � c � 0 G U _ 0 � UA uA m CD a 'J E LL r` Q c c e U7 p r � 0 ccs e� 0080050 � L so L L L C] cu a� cit as 0 0 0 0 0 0 M cis U w 00 to O O O © 0 0 0 0 0 C7 C7 O C7 C� O O O C) O � OC? C70OOOOOC7 OO CiC� 00OOC3 N" tL4 C� CS C C C0 tq C) O O C7 C C� C 0. C S C C C5 00 ❑ O C3 GS C t� CV to C) C7 O O Cr+ O CS CJ � O C5 � � Q1 � O C) C7 O O e- MOO iI) CA C3 O C7 O C3 O O t17 -� L (U O O O O O Opt O N N V)- Ln c- t-- r 0 O r r m C e Ef, L6 6'3 6"� CV 63 63 EU}44 EF7 }0c). O U 6S,69 (mak 59 ?m L 'a O M EE O CLE 0 O (n E E CLO cc u C O N m N EU 0 0 E C' LL CL (� �U 07 O O CL CCS it '�j 0 2 0 C OLO3 O LO O tT 1JO1 C7E a-`� Cll OL >. U a aerie c O CL a) a-CC° >C o v iv cs o,c a o a m b '0 cm 'o c � cn � � O � n- civ c 0 ' �, c� u, c .2 da-0 -0 CU i0 r`o0 Oo a) c0LL cn O W e = O 0 c I11 L �- .1 to C= O tn > c Wnm sco a") Lu o d �C 1. 0 v ° CLo a .i U? .moi .00v7 i° c 0c ° u) c cr n' U3a m as 0 = V J u`�, us `� $ -0 as a? oLM UU '� caOid � o >O [i oa�s vowl �' C1 a C s > of m o ?� © ccs m a� ns O to Y 0 O � .2 _Y_ i.i- c`o cis czs L m *� -3 � is tb L 0 0 W v ca .. 0 +. O +: t0 Rs U O 0 0 L Ci. r� 3y CO 0 div cu �' s - mdQ 0 ODcc Un aUi aUiUy,yJ _ cv U. W o � c . m cts �y cs. a� aL� o o is � V >0 D n a. c irl'0 +g a vo O o ` 0 ns to sv � ct> 0. mV Lo E cc c � � L1. 33 4ddCLC>� tu2U � � � YU1UdU ❑ cv cm = � _ w p gm t6 0 E cUa 16 �. sa q3i ou - ddd E ❑ c > � tt- 0wtO3 0 0 c min CL ❑ ❑ iA E cu > ° w o m o `'sS c c ry ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ U °} mU) CV3 c o > tUi_ tU_ NN ❑j /❑yUUUtJCJt3UU c3UUUUUUUU 0U L , m c m a •� c c c c G ❑ iLu_ iLu_ u_ u_ u_ LLti. CLu_ ry >, > m ._ E 0 0 0 0 >, 0 Zy z- .� --'z, .w' v 4) ,� co m w 000000 •� �^ 0 asp 0 m .0 0 c m G CL «. U UU UU 0 U cn c e c c 0 sr C c m 0 Y 0 0 0 0 0 0 0 0 coO - cu Uj C O E N V co ns C15 m O 32 O O O 0 0 O O o 0 0 0 0 as © t s e � 0 0 W W civ QUO � UUUtJU {� UUUUU aid L � -s coo m E � a0e � � 0� � Ox .Om 0 cs c� rc ro m cu ca rs cv as sv ra C O W0 0 CO co CU O E C+ CL iL+ � C .CZ '+' Ca O W O u+ 0 X CTs tom. OCO CO 7+ O L C7 t4 ' �^ +�. IM Co O C3.O.4-. � .X O O a O « aCw 0U7> a - UUV0 c 0Lttoffm eo aUo .) 000UUU � 0>1 ❑ E 0 r- c 3 �' 0) 3m: EEE E E O� .OY0 .�' W 0 0 �c0 . xO t- 0 0 o o ,- o ca cti cu ca 0 0 0 rn cu cv ro c� to to cu ca U Z Z �° a ' ; -i _i ..a _..i C•) r� Qc� c� c� c� c� c� c� ooc� � csc� c� oc°� r.� rocsc.� c� c� c� oo+ �,acac� o c� c> o o co o ca c> cs o c7 o c� c� c� c� c ro c� o o cr o cs co 0 o cv � roc� c� c7c� c� c, c , cys� c� cir.- c-o? c� ,r � crc� r c- c+ c - c7 � c� c� c� o tU tai r) 419.64r. �. tolkr3 rC61). R 69N M N � et r- 4 , 'ft z 619. � �� � � ����� � r 0 > c cDw -�ey, o nE amu. N ccts c co ° cd - x toJ �► ci as U ° co ots y � Ma � �� a. � M o Loc c�a a� `� I-- 4 a •m " a CJ o CU� c a cv o c� 0 , o as c C ar aD ca c c� a� cn ti rs � U z cn o � CL 0- cv d o L- � c � a>a o css � � u _LU ca ,, CL a) �, c �, s0 LL (D 0ooaac 2 5 0 a< o M I o cr- cs c � � U c M — E -- is c � c � as E 4. cn4 Mc+ axcodo t2 �t ,� CL M o, «' LL ca c E a) C? a a L M c iU U) tt L- o o ca tocv u� E _ t1 c6 U- = cn 41 tU y c ¢t acsUracco?� (n > oa� fLf� *.. ', _ � V 'm to tag d Vit!) +`�i� 80 0 0 w x � � m CC1 vrco zaio c o -1ECLM � aoiaoiv, po 'ccusyd� az ` c o t ca cvronsoj �c �o �»c-� U�a ni Srm'a f omp3 U- Zco o 60000 ,o a�o �a> oo ,cnv, au t t z w w z cow zzw -jwa. wmv2M ; CD .� . S u's cs o 0 0 Zoo cast tic cx • 2 CL ZM 00 i � aa. a "I . ' E Uoo ayM0in CL coo RscssC : ' MmMm o o .� -�--i�,:-300cosoocr�cc�vMc� c'�a -jc� rcas � ro � c� ccc ::. c c c > o of 8zzzzzz cuywwv3wOw c c E c iC M = 5 o 7. >, c ct,. wa.. F- 4- w. M v.., w u® 4.. 4- w4- mmmmm 0 w v o •c C � � 0 0 ,0+ — cg c c C � C � � C � G c �U" 4- 4- 0 0 �G7 +- cn.23c � �, ccc000000 > 000 oo � o �} �°0cE � � � accop� _go4coi C3i o co� c c C;: 0 0 0s 0 ro� Ut� c3C? U Z`E EUL o 0 0 cn UC7L) 0 ro ro a 888 MM a; o0o ccssr� mcss � � vvcnen c s� vcar� ra m vac � � coMMMM a3 In o sxcsMCUCO ac cc ccocccccc .M t3 -j -j j � � zzr1c`ncu5in° r`nu3v� consr`nir v ddaoC� csdcodCcCL C� C� q q q q q q q q qo da co 0 Ln I't 0 0 0 0 0 0 a 0 M 11, 0 0 0 0 a u) U) 1- 0 m 0 CT C4 CO NC4 6 r-: q�6'D�11c, c"i U.; C4 L6 65, N NC6 cz — 16}44f 6}}6�* — 0) 69 629-69, r 6ck 64 6q 64 tpj. N Ln > a) 2 E Q. E 't 2- ca Cl 0.0- 2 E le E m m m C: CU Cc cl) eq CU I- :c .-- 0) 2 E o 0 a. L- 0 0 C) 0 — m 0 a: a. C: o C: CU CU 0 Wo (1)0 CU0 cm— c) > 0 "o E C: M a) 0 0 :t:d 4w (n > > c,4 E 0 M 'C= 0 0 — " C aCD E 2 0 0 CD U- 0 0 H CL a) x U- r- 0 z ca Co s bl-- a) w a) cm A - -0 c CM.In cu a -0 -r- m C-- 0 > 0 a) — r 0 M e C>U' M>' E 0 :5 t +- > CIO U) .0 0 0 C a 0 ca 0 = 0 a co C C: (D w 0 CO C) a) U) 0 CL o c M uj U) 0 t- .0 -0 o- r 0 L 0 co - 0 -0 r- m M 0 0 0 N t5 M a) CD ,2 0 CM Mo 'tDM �o 00 ro- C L CD tam0 —0 0 0 E 'Fo 76 ML- , �: () a 2 -0 0 W 0) zm-r- -C 10 '0 m 0 a UJ 0 cu 0 m o 0 C>:, C"a 0 U) = "?a 4) 0 CD -- m 0 2 — co :2 1� m 02 E E -- — L m a) > a f6 en 0 a) t5 �r- a>) E U-- rn L- (D mm a .. .0 0 Cc r E i o cm o do 0 0 r E lo c a (1) 0 > W >, 0 m .LO CL < U) -j co -j LL U) mug 0- OL > 'LL U) W c to 4) 0 ul (n U) Y) CL j5 -6 66- LO 0 0 J9 ?>. w o a- 0. CL 0- CL W d) N N N N N E coczmm22222 ,< mm = = 0 0 0 a. EL m a- a. m 0 CL 0- a- CL a. E r- c c a a a Q o cz m m m Co Cc M Cc M r1 co 0 a 'C= >, = ttt7LU) WU) (O (n N m M to.. It.- %4.- cn m m m m '-6 2 ',w 24 w (n 0 (n 0 0 0 0 m 0� w L* Ln 0 m >4 >No (n (n 0 0 0 0 4-1 - %�- I+- >1 z 44... � 000 2:�Z z, 0 cm 0 b o o 0 0 0 0 E) >1 >1 >1 >1 C 0 0 0 0cs m 0 0 0 0 0 0 Ln 0 0 C: 0 0 Em. E E 7E >1 = = = >S >1 >12 M -r Z,Z>, co M ca M m 0 0 0 0 0 0 0 0 a L. 0 - - - - r- m = zzr 4) co m m m �eeeeNNNNNN t4 0 - - r 2 2 2 2 2 2 2 0 a) a) - Oo co cc 0 cl m co 0 (.) 0 C) L) 00 o o o uZ E m m 0m m q cl, Z 03 In 0 E 0 4iy 6 a CC: t � � a a a t m 0 a c c c c 0 0 0 a 0 0 m m m m m co m Im cu ct m C 0 0 a 0 0 0 0 0 w U) V) U) (n U) (n U) U) U) V) U) U) U) U ........... --------.............................. M N � v c � r� 00 c� o — } W 3 o co L} h x.#m � , tA 10) ts CD 0 `r to 0 co •� "� � � V �/ � � 111 r+ r+ Ct V Q Q) 1 C1 r es c "� The Beard of Supervisors Contra John Sweeten Clerk of the Board t and County Administration Building County 651 Pine street, Room 106 (925)335-1900 Martinez, California 94553`4293 County John Glols, lst District Gayle B.Uliketna,2nd District n� Donna Gerber,3rd District Mark DeSaulnier,4th District =�F Federal D.Glover,5th District c+Q Mr. Jack Gibson Chairman North Bay`watershed Asssociation August 29, 2002 220 Nellen Avenue Corte Madera, CA 94925 Dear Mr. Gibson: On August 13, 2002, the Centra Costa County Board of Supervisors agreed to join the Northern and Coastal Water Bond Coalition, and to provide fact sheets on projects which could be funded consistent with the competitive categories included in Proposition 50, the proposed 2002 Water Bond. The Board also declared a support position for Proposition.50, the Water Security, Clean Drinking Dater, Coastal and Beach Protection Act of 2002. An organized lobby for northern and coastal California is a great opportunity for much needed projects in these areas to have a better chance to receive funding, as well as providing a necessary contact person;. The Board.of Supervisors has recognized the merit of a collaborative approach for future bonds,which will be particularly helpful during difficult budget times. The County will be providing information on the Coalition and,the recent Board action joining the Coalition to the cities within Contra.Costa County, to encourage their involvement, as well. We will be meeting to prioritize all of the projects next month. For your information, attached are the County's fact sheets for projects requiring funding. If you have questions regarding these projects,please contact Kevin Emigh, County Flood Control.District at(925) 313-2.233. If you have questions about general policy, County Board actions, or interaction with the Coalition, please contact Roberta Goulart, County Water Agency at (925) 335-1226. Sincerely, 4' o Gioia Chair, Board of Supervisors cc: Pandy Poole F SUPERVISORS TO: BOARD CJ �S - ' Contra FROM: JOHN SWEETEN ��.k^ Costa COUNTY ADMINISTRATOR County HATE: AUGUST 13, 2002 SUBJECT: SENATE BILL 910 (DUNN) STATE HOUSING ELEMENT LAW SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS OPPOSE UNLESS AMENDED SB 910(Dunn),which would grant the State unprecedented authority over local housing elements, as recommended by the Community Development Director. FISCAL IMPACT If SB 910(Dunn) is adopted as amended on August 1, 2002, the County may be subject to punitive fines by the State for failure to adopt or correct a Housing Element following review by the California Department of Housing and Community Development. BACKGROUND The Contra Costa County Legislative Platform for 2002 includes the following policy position: Support efforts to reform State Housing Element law to promote the actual production and preservation of affordable housing and to focus less on protlts and paper compliance. SB 910(Dunn)contravenes this policy in that it delegates unprecedented authority to the California Department of Housing and Community Development(HCD)over local General Plans,subjects local government to punitive fines and undermines local authority over land use decisions. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B ARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON b=t 13, 2002 APPROVED AS RECOMMENDED _X_OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ASSENT ) CORRECT COPY OF AN ACTION TAKEN AND AYES.II,III, Y NOES: I & IV ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: P.Ruche,CDD-APD(925)335-1242 ATTESTED _A1.Igtlst: 13, 2002 cc: CAO JOHN SWEETEN, CLERK OF THE BOARD OF Community Development SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Les Spahnn,County Lobbyist .: r CSAC BY ; �( � ` s r # ,DEPUTY -- rt BACKGROUND Mont'd) SB 910 was introduced in the State Legislature in 2001 to modify and update the state law that mandates a city or county to prepare a Housing Element as part of the jurisdiction's General Plan. As originally introduced in 2001, SB 910 would authorize assessment of penalties against a city or county if HCD determined that the jurisdiction was not in compliance with the provisions of the Housing Element law. These penalties could be either fines assessed by a court or the withholding of certain state funding grants.SB 910 became a two-year bill due to the controversial nature of this legislative proposal. The bill's author has been negotiating with the California State Association of Counties (CSAC), the League of California Cities and other interested parties over the past year on compromise language that would balance the desire to ensure compliance with the spirit and intent of Housing Element law to meet the state's housing needs with the realities of land use planning at the local level. Although some progress was achieved between the various parties on reforms relating to State and Regional Housing!deeds Assessment processes,there remains a major impasse with Senator Dunn over enforcement of the Housing Element law. The August 1, 2002 amendments to SB 910 dealing with compliance enforcement would dramatically expand state control over local governmental housing decisions.(A copy of the latest version of SB 910 is attached.) Senator Dunn's new amendments to SB 910 relating to enforcement language would: 1. Expand HCD`s Reach Into tither General Plan Elements: Allows HCD to require any local government to amend their existing HCD certified Housing Element within sixty (60) days, if HCD disagrees within any action(outside of the Housing Element)that they deem undermines implementation of the Housing Element(Staff notes that it would unrealistic to comply with CEQA, notice and conduct a hearing before the County Planning Commission,prepare Commission resolutions, notice and conduct a hearing,before the Board of Supervisors, and adopt an amendment to the Housing Element within the fill days under this new provision). A local government may be subject to fines if they are unable to convince HCD that the alleged action does not create a conflict with Housing Element implementation, until such time as they agree with HCD. if the local government challenges HCD,they are subject to a new legal standard. 2. Changes Legal Standard To Determine Housing Element Compliance: There would be shift in the legal standard of review to the state(HCD),and it would limit judicial reviewto the HCD determination on compliance®not the question of whether or not the local government's Housing Element complies with the law, thus circumventing legal deference to the validity of a local General Plan. The amended language provides that a court shall give deference to HCD's determination. If the court determines HCD was wrong, HCD must correct its action within sixty (60) days. If the court rejects the local government's appeal,the local government must pay fines from the time they filed action. 3. Trigger Automatic lines For Non-Compliance: If a local government is determined to be out of compliance by HCD,they may be subject to uncapped,ongoing fines at$0.25 per capita per month. For Contra Costa County this equates to $36,000 per month until HCD determines that the County is in compliance. A court may only reduce a fine if agreed to by HCD and certification that HCD's issues with the plan are not related to adequate sites or removing governmental constraints While it is acknowledged that the Housing Element law reforms are needed to strengthen enforcement provisions,the most recent amendments introduced by Senator Dunn would grunt too much authority to HCD and impose unreasonable financial penalties on local governments.A local government coalition,comprised of CSAC, League of California Cities, and others, believe that the fines for non-compliance should be targeted to the"worst of the worst"and should be set at reasonable levels as determined by a judge.The local government coalition also proposed that a local government could take its Housing Element to a judge for review, if HCD failed to certify the element. Senator Dunn has indicated that he intends to proceed with an aggressive penalty component to his bill. Nonetheless,the local government coalition is seeking compromise language related to the enforcement of the State Housing Element law. The local government coalition is asking the membership within their respective organizations to inform the State Legislature about their concerns over the most recent version of SB 910. Additionally,the local government coalition continues to have reservations with SB 910 because the bill does not address needed reforms to the HCD review process; fails to address conflicting state laws and mandates(i.e. mandate for counties to protect agricultural resources and open space); does not provide local government protection from lawsuits when they approve housing (especially in response to HCD's review of the Housing Element), and does not remedy the lack of fiscal tools or incentives to pay for affordable housing. It is also interesting to note that even though SB 910 has been identified as a major update to the State's Housing Element Law the state law retains a provision allowing jurisdictions within the San Diego region to self certify their compliance and they are given a rebuttable presumption of compliance equivalent to HCD certification (CA Govt. Code Sec. 65585.1 enables the San Diego Association of Governments and it member jurisdictions to establish a self-certification process). Since SB 910 is intended to update the State Housing Element Law,why is it that local jurisdictions in the San Diego region are still treated differently than jurisdictions in other regions of the state? BACKGROUND fConVd) Earlier this year the Board of Supervisors adopted a "Watch" position on SB 910 pending the outcome of negotiations between Senator Dunn and the local government coalition. It appears that the negotiations have reached a serious impasse.Therefore,the Community Development Director now recommends the Board adopt an"Oppose, Unless Amended" position on SB 910, as advised by the CSAC, and forward the Board's position on this legislation to both the County Lobbyist and CSAC. Attachment