HomeMy WebLinkAboutMINUTES - 01172012 - D.1RECOMMENDATION(S):
1. ACCEPT the Year-End reports on the County’s 2011 federal and state legislative
programs.
2. ADOPT the Contra Costa County 2012 Federal and State Legislative Platforms.
3. DIRECT the County Administrator to return to the Board of Supervisors as necessary to
update the County’s legislative platforms to reflect intervening legislative actions and final
Army Corps of Engineers' project capacity figures.
4. DIRECT the County Administrator to review legislation to identify bills that affect the
County's adopted legislative platforms and to recommend appropriate positions on specific
bills for consideration by the Board of Supervisors.
5. AUTHORIZE Board members, the County’s federal and state legislative representatives
and the County Administrator, or designee, to prepare and present information, position
papers and testimony in support of the 2012 Federal and State Legislative Platforms.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 01/17/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: L. DeLaney,
925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on
the minutes of the Board of Supervisors on the date shown.
ATTESTED: January 17, 2012
David Twa, County Administrator and Clerk of the Board of
Supervisors
By: , Deputy
cc:
D.1
To:Board of Supervisors
From:Legislation Committee
Date:January 17, 2012
Contra
Costa
County
Subject:2012 Federal and State Legislative Platforms and 2011 Year-End Reports
RECOMMENDATION(S): (CONT'D)
FISCAL IMPACT:
No direct impact to the County from the acceptance of the year-end reports and adoption
of the platforms.
BACKGROUND:
Each January, the County Administrator submits Year-End reports to the Board of
Supervisors on the County’s Federal and State Legislation Programs for the prior year.
At the same time, the Board also considers its Legislative Platforms for the upcoming
year.
Year-End reports were prepared by the County's federal advocates, Alcalde &
Fay--represented by Mr. Paul Schlesinger, as well as by the County's state advocates,
Nielsen Merksamer--represented by Ms. Cathy Christian and Mr. James Gross. Staff of
the CAO's office, Ms. Lara DeLaney, and staff of the Department of Conservation and
Development, Mr. John Greitzer and Mr. John Cunningham, provided input into the
development of the Year-End Reports and the Legislative Platforms.
The Legislation Committee reviewed the Draft 2012 Federal and State Platforms at their
meeting on November 21, 2011 and recommend that the Board of Supervisors adopt the
Proposed Platforms, as amended. The Transportation, Water, and Infrastructure
Committee of the Board of Supervisors also reviewed and approved the transportation
sections of the Proposed 2012 Federal and State Platforms.
2011 FEDERAL LEGISLATIVE PROGRAM YEAR-END REPORT
After several very successful years with our federal efforts, during which time over $87
million in funding was secured working with our congressional delegation for projects
specifically requested by the County, in 2011 a congressional moratorium on earmarks,
in conjunction with an increasingly partisan environment that impeded consideration of
authorizing legislation, conspired to limit our ability to realize appropriations successes
commensurate with those of previous years.
Congress’ self-imposed moratorium on earmarks affected our efforts to secure funding
for our Appropriations agenda, which was as follows:
• Delta LTMS-Pinole Shoal Management - $2.5 million
• Safe and Bright Futures for Children Exposed to Domestic Violence - $400,000
• Mt. Diablo Mercury Mine Clean-up - $483,000
• Lower Walnut Creek - $600,000
• Grayson and Murderer’s Creeks - $600,000
• CALFED Levee Stability Improvement Program - $20 million
• Suisun Bay Channel/New York Slough Maintenance Dredging - $5.275 million
• San Pablo Bay/Mare Island Strait/Pinole Shoal Dredging - $5.4 million
• San Francisco to Stockton Ship Channel Deepening - $1.8 million
• County’s VHS Public Safety Radio System - $1,063,200
• State Route 4/Old River Bridge Study - $1 million
Of these projects, $2.715 million was ultimately provided for Suisun Bay Channel, with
an additional $3.402 million for San Pablo Bay/Mare Island Strait. These projects were
specifically funded because they were included in the Administration’s budget request
for the year.
We would note that our House Delegation did everything we asked of them to implement
a strategy designed to secure funding for the Mt. Diablo Mercury Mine clean-up project
through a programmatic/non-earmark provision that would not have been site-specific but
– we believe – would have yielded the same result. Unfortunately, the House
Appropriations Committee did not accede to our Delegation’s collective request.
In addition to funding projects requested by the Administration, the final Appropriations
bill for FFY 2012, enacted on December 23, 2011, included unencumbered funding for
each of the primary Army Corps of Engineers' accounts, along with instructions on the
types of projects the money should be used for in their 2012 workplan. In the days ahead,
our federal advocates hope to work with County staff, the Army Corps District office,
and our Congressional Delegation to determine a strategy for securing some of these
funds for one or more of our earmark requests. The Army Corps workplan for FFY ’12
must be submitted to Congress the week of February 6, 2012.
The widely-noted inability of Congress to move important legislation in 2011 extended to
two major infrastructure reauthorization bills; reauthorization of the nation’s surface
transportation programs, and reauthorization of programs and projects of the Army Corps
of Engineers. It is quite possible, particularly with regard to the highway/transit
legislation, that this bill could be enacted during the year ahead. Our needs, with regard to
both bills, have been articulated to our Members of Congress and the pertinent
committees, and we would continue to hope (and work to assure) that they are reflected
in any such bills that might move forward in the months ahead.
While a major impediment to a surface transportation reauthorization bill in 2011 was the
inability to identify sufficient revenues to fund these programs at an amount reflecting the
nation’s needs (the current user fee structure is insufficient to fund the program at even
current levels), the WRDA bill, which does not actually contain spending authority, is
hung up on what such a bill would look like absent earmarks. Unlike virtually all other
federal programs, Congress has traditionally dictated which specific Army Corps projects
are studied and then, pending the outcome of such studies, which specific projects
proceed to construction. So, the conundrum facing Congress gets to the very essence of
how our nation’s water resource programs should work absent earmarking.
Substantial time was invested in 2011 on the County’s efforts, often in conjunction with
the Delta Counties Coalition, to protect our interests with regard to the use of Delta
resources and assure the protection of the Delta. Our federal advocates worked regularly
with County officials and staff to develop and implement a strategy for furthering our
interests. Whle this entailed interfacing with our Congressional delegation and their
staffs, it included as well, working with pertinent authorizing and appropriations
subcommittees of the Senate and House. The effectiveness of the County’s and the and
DCC’s efforts to secure the support of our House delegation was manifested by the vigor
and persistence they demonstrated during the November visit of the DCC to Washington,
and in their efforts relating to assuring our fair treatment by, and involvement in, the Bay
Delta Conservation Plan. As this is being written, we are working with Senator Boxer’s
office, following up on the Senator’s commitment to make inquiries on the matter
directly with Governor Brown.
Our federal advocates helped to coordinate the schedules and prepare documents relating
to the trips to Washington by the DCC in February and November of 2011. Those trips
were certainly critical in securing the level of support from the Delegation which we
have enjoyed on this most vital issue of importance to the County and the region.
Similarly, our advocates were pleased to help coordinate the trip to Washington, D.C. in
March of this year by County Supervisors and senior staff. This trip was helpful to the
County, to those in our Delegation and elsewhere on the Hill, and in federal agencies to
whom our County officials articulated County needs and learned of ways in which the
federal government might assist in helping to assure that these needs are met.
One such program in which the County has a particular interest is the Second Chance Act
(which funds an adult offender reentry program). Our federal advocates assisted the
County in advocating for federal funding for this program in FY ’12. The Senate had
proposed eliminating all funding for the Second Chance Act, while the House had
included $70 million in its bill. Along with strong advocacy efforts of other supporters of
the program, the County’s work resulted in the inclusion of $63 million in FY ’12. As a
result, we anticipate that the County will again seek a grant from this program in the
coming months.
In addition to the above-mentioned legislative activity and the business of the Legislation
Committee throughout the year, at its September 26, 2011 meeting, the Legislation
Committee reviewed a request from the Alcohol and Other Drugs Advisory Board to
consider recommending that the Board of Supervisors support H.R. 707, the “Drug
Testing Integrity Act of 2011,” introduced by Congressman Engel. While supportive of
the intent of the bill, the Committee noted that the Federal Platform did not contain a
policy to support a position on this bill. Moreover, as the bill was not directly related to
the programs or services of Contra Costa County or its priorities, they declined to send it
on to the Board of Supervisors for action but, instead, referred the matter to staff to
follow-up with the National Association of Counties.
Finally, at its November 21, 2011 meeting, the Legislation Committee received a request
from a citizen to consider including a policy in its platform related to supporting federal
funding for strengthening and seismically retrofitting active rail structures and track
within Contra Costa County. The Committee referred this matter to staff for further
consideration.
PROPOSED 2012 FEDERAL LEGISLATIVE PLATFORM
Each year, the Board of Supervisors adopts a Federal Legislative Platform that establishes
project priorities and policy positions with regard to potential federal legislation and
regulation. The Proposed 2012 Federal Legislative Platform includes 13 requests for FFY
2013 federal appropriations or grants; 4 requests for the reauthorization of the federal
transportation act; and 5 requests for the reauthorization of the Water Resources
Development Act. The Proposed 2012 Federal Legislative Platform is included as
Attachment A.
Due to the ban on federal earmarks that was implemented for FFY 2011, staff is skeptical
that appropriations for specific projects will be included in budget bills for FFY 2013.
However, our federal advocate, Paul Schlesinger of Alcalde & Fay, detects dissatisfaction
among congressional members, including newer Republicans, about the ban. Therefore,
while it is unlikely that appropriations requests will be considered in budget bills for FFY
2012 and 2013, that does not mean we should not prepare for such an eventuality - should
the opportunity arise.
In addition, if there is another short-term extension for the federal transportation bill this
year or if a two-year bill (as advocated by Senator Boxer) is passed, Congress could start
work some time in 2012 on a longer-term reauthorization bill that could include
earmarks, and the County should be prepared for that.
Therefore, our advocate recommends that the County identify specific projects, whether
transportation or otherwise, that help tell our Delegation what our federal needs are, help
us identify specific federal programs for which we need to seek program increases or, at
least, protect against cuts, and help the County look for federal grants to address the
specified needs.
One thing, aside from generalized pent-up frustration among many Members that could
drive review of/return to earmarks, is the Army Corps of Engineers' reauthorization bill,
WRDA (the Water Resources Development Act). By its very nature, and for many
decades (going back to the early 19th century for a lighthouse in Virginia), Congress has
specified specific water projects. Unlike the nation's transportation programs, in which
only a very small percentage of the federal money is designated for specific projects by
Congress, Congress has authorized for study and then for construction specific Army
Corps projects. Unlike transportation or housing or education, Army Corps money does
not generally go to states or local governments in discretionary grants or by some
formula. Projects are first authorized and then money is allocated, on a
project-by-project basis, for projects which are carried out by the Corps itself. And while
Army Corps can choose among its authorized projects to determine which get funded
each year, there is simply no current mechanism for determining which projects are
authorized, except by Congress.
In summary, our advocate suggests that we should not count out all earmarks for next
year, and regardless of whether there are earmarks or not, he recommends that specifying
specific County needs is a useful exercise. Thus, staff reviewed prior year Appropriation
Requests, made adjustments as needed, and recommended a list of priorities to the
Legislation Committee. The Legislation Committee at its November 21, 2011 meeting
made amendments to the list and recommends that the Board approve the FFY 2013
Appropriations Requests contained in Attachment A.
Notable Changes from the 2011 Federal Platform for FFY 2013 Appropriations
Requests include the following:
Reprioritization of 2011 project #5 “Grayson and Murderer’s Creeks (Walnut Creek
Basin)” to #13. The Army Corps has nearly completed their analysis of a number of
detention basin alternatives. They prepared benefit cost ratios (b/c ratios) for a few
alternatives, but ran out of federal funds before looking at the rest of the alternatives
or completing their planning report. Of the six detention basin alternatives, most
came out with b/c ratios near 1, meaning they were justified, but not to a level that
would get federal funding for construction. The Corps intended to next look at a
number of ‘conveyance options’, but ran out of federal funds. Whether this study
continues (using 100% local funds) to include conveyance options depends on the
future direction from the South Pleasant Hill Ad-hoc Task Force. (p. 4)
The Legislation Committee recommended that this project be prioritized lower in the
2012 Platform.
Add project #4: "Bay-Delta Area Studies, Surveys and Technical Analysis" –
$2,500,000 appropriation for the Delta Counties Coalition to carry out technical
analysis and planning associated with participation in the Bay-Delta Conservation
Plan (BDCP) or implementation of any projects resulting from the Plan. The
technical analysis and planning will focus on issues related to the planning of water
delivery projects and conservation plans that are included in the BDCP. This
funding requested is supported by the Delta Counties Coalition. (p. 2)
The Legislation Committee directed staff to prioritize the request at a higher level than
presented in the Draft 2012 Platform at #13.
Add project #12: "Knightsen/Byron Area Transportation Study" - $300,000
appropriation to re-evaluate the Circulation Element of the County General Plan
(GP) to improve its consistency with the Urban Limit Line (ULL) and related
(GP) to improve its consistency with the Urban Limit Line (ULL) and related
policies that ensure preservation of non-urban, agricultural, open space and other
areas identified outside the ULL. (p. 4)
Notable Changes from the 2011 Federal Platform to Reauthorization of Transportation
Act Requests: (p. 4-6)
Change the amount for project #1 “Vasco Road Safety Improvement Project” from
$30 M to $18 M.
Add project #1b: “Vasco Road Safety Improvement Project Continuation -- $30
million for improvements to the remaining 9 miles of accident-prone sections of
Vasco Road.
Add text change to #2 “North Richmond Truck Route,” to allow for “or other
alternate access improvements.”
Add text change to #3 “Eastern Contra Costa Trail Network,” to include “facilities
and projects improving access to existing or planned transit stations.”
Add project #4: “eBART Extension Next Phase Study/Environmental and
Engineering" -- $10 million for environmental review and engineering work on the
project identified in the Bay Area Rapid Transit District’s (BART) eBART Next
Segment Study in eastern Contra Costa County.
Add support for the following program: “Highway Bridge Program" – The County
supports the continuation of the Highway Bridge funding program that will provide
funds for rehabilitating and replacing our aging bridges.
Notable Change from the 2011 Federal Platform toReauthorization of Water
Resources Development Act (WRDA) Requests: (p. 7-8)
Reprioritize list by adding a new #1 request: “Army Corps Vegetation Policy" –
Proposed amendments to 1996 Water Resources Development Act, Section 202:
Flood Control Policy, (g) Vegetation Management Guidelines include the following:
Engineering Technical Letter 1110-2-571 is suspended until that time a new policy
is adopted. The policy guidelines shall be revised in accordance with the following:
(A) Levee vegetation management guidelines shall represent regional variations
based on a process that includes consultation with federal and state resource
agencies, and preparation with local and state flood control agencies and corps
districts. (B) Guidelines must undergo independent peer review which evaluates the
structural and natural resource functions of vegetation on levees and the risks and
benefits to the levee structure. (C) Guidelines and exemptions to them shall provide
for protection of riparian and aquatic resources, reduction of costs and other
community impacts in balance with public safety. (D) Existing projects in which the
Corps has integrated vegetation into levees and floodwalls to meet project objectives
and regulatory requirements shall be exempt from the guidelines.”
Notable Changes from the 2011 Federal Platform toAppropriations and Grant Support
Positions: (p. 9-10)
Delete reference to specific amount for the East Bay Regional Communications
System (EBRCS) project.
Minor text change to the “Energy Efficiency & Conservation Block Grant (EECBG)
Program” to allow support for funding above the amount authorized in 2007.
Delete reference to specific year for the “Regional Habitat Planning and
Conservation” funding.
Delete support for the “San Francisco LTMS” project, as there has been no
advocacy support requested of the County in several years.
Delete the amount of the bill for the “Delta National Heritage Area.” The amount in
the bill has been subject to change, and the County supports the maximum amount
of federal funding for an NHA that can be provided.
Notable Changes from the 2011 Federal Platform toPolicy Positions:
a. Affordable Housing and Homeless Programs (p.11)
Text change to add support for full funding for HUD homeless assistance programs
and funding for full implementation of the Homeless Emergency and Rapid
Transition to Housing (HEARTH) Act of 2009.
Text change to delete McKinney Vento reauthorization support, as the bill has been
reauthorized and there is a slightly expanded definition of homelessness in the bill.
Text change to support the "National Affordable Housing Trust Fund."
b. Child Care(p.12)
Text change to add information about Contra Costa County impact.
c. Community Development Block Grant and HOME Programs (p.13)
Text changes to include “CDBG formula funding has declined by 25 percent since
FY 2004 while the HOME program’s funding has declined by 15 percent during the
same period. Furthermore, Congress has proposed to cut the percentage of the
County’s CDBG entitlement grant that it can allocate for administering the program
from 20 percent to 10 percent.”
Text change to include “The County will continue to vigorously oppose proposed
cuts in these vital community development programs and opposes the proposal to
reduce CDBG funds available to the County to administer the CDBG program.”
d. Public Housing Programs(p.16-17)
Complete re-write of these policies to include the following:
The County will support legislation that results in the transformation of existing
programs to improve their effectiveness and efficiency, in tandem with the design of
new and innovative responses, both to build upon recent progress and address
outstanding issues.
The County will support legislation to protect the nation’s investment in Public
Housing:
Enact affordable housing industry proposal to allow public housing agencies (PHAs)
to voluntarily convert public housing units to Section 8 project-based rental
assistance in order to preserve this vital component of the national infrastructure;
Oppose the Administration’s proposal to impose a $1 billion offset against the
operating reserves of responsible, entrepreneurial PHAs;
Support the revitalization of severely distressed public housing units;
Address safety and security concerns connected to drug-related crime;
The County will support legislation to preserve vital community and economic
development programs:
Fully fund the Community Development Block Grant Program in order to create and
save jobs, revitalize local economies, and support critical services for vulnerable
populations;
Maintain funding for HUD’s cost-effective economic development tools.
The County will support legislation to strengthen and simplify the Section 8 Rental
Assistance programs:
Provide adequate funding for Housing Assistance Payment contract renewals and
ongoing administrative fees;
Enact the Section Eight Voucher Reform Act (SEVRA);
Implement overdue regulatory and administrative revisions that ensure the efficient
use of program funds.
The County will support legislation to expand Affordable Housing Opportunities
and combat homelessness
• Fully fund the Home Investment Partnerships Program and HUD’s homeless
assistance programs.
• Capitalize the Housing Trust Fund through a revenue-neutral approach.
• Preserve and strengthen the Low Income Housing Tax Credit Program.
The County will support legislation to foster innovation, increase efficiency, and
streamline the regulatory environment
• Promote reasonable and flexible federal oversight.
• Incentivize green building and increased Energy Efficiency.
• Support HUD’s ongoing transformation efforts.
• Ensure that HUD releases and distributes federal funding in a timely manner.
• Eliminate statutory and regulatory barriers that prevent PHAs and redevelopment
authorities from accessing federal programs they are qualified to administer.
e. Second Chance Act(p. 18)
Text change to add support for this program: “The County will advocate to support
funding for the Second Chance Act, which helps counties address the growing
population of individuals returning from prisons and jails. Despite massive increases
in corrections spending in states and jails nationwide, recidivism rates remain high:
half of all individuals released from state prison are reincarcerated within three
years. Here in California, unfortunately, the recidivism rate is even higher. Yet there
is reason for hope: research shows that when individuals returning from prison or
jail have access to key treatments, education, and housing services, recidivism rates
go down and the families and communities they return to are stronger and safer. The
Second Chance Act ensures that the tax dollars on corrections are better spent, and
provides a much-needed response to the "revolving door" of people entering and
leaving prison and jail.”
f. Supplemental Nutrition Assistance Program (SNAP) (p. 18)
Text change to delete bullet related to increasing administrative matching funds.
g. Workforce Investment Act (WIA) Reauthorization (p. 20)
Text change to amend the year to reflect possible reauthorization in 2012.
2011 STATE LEGISLATIVE PROGRAM YEAR-END REPORT
Following is a description of the major State legislative work undertaken by staff and our
state advocates, Nielsen Merksamer, on behalf of the County in the 2011 Legislative
session.
2011-12 Budget Summary
When Governor Jerry Brown started his first day as California Governor on January 4,
2011, the state was facing a $25.4 billion deficit. The Governor proposed $12.5 billion in
spending reductions, as well as certain taxes to close the budget gap, including income
and sales tax extensions for a special election in June. Other solutions included a
Realignment strategy to shift more responsibilities to the county level for public safety
and health and human services, and the elimination of redevelopment agencies which
would free up property tax dollars for the schools. By February, the Department of
Finance reported the deficit had grown to $26.6 billion and Republicans in the
Legislature announced they would not vote for any tax increases and would block efforts
to include tax-hike measures on the statewide ballot.
The Governor then declared a state of fiscal emergency and, in March, the Legislature
approved and Governor Brown signed into law a series of budget-related measures that
reduced the deficit by $11 billion through spending reductions and other modifications.
Deep cuts were made to higher education, child care, health care, cash assistance for
low-income children and people with disabilities, and a range of other state services.
However the main budget bill (SB 69) was not sent to the Governor as Democrats and
Republicans could not agree on how to close the remaining deficit, such as additional
reductions, tax extensions, other revenue enhancements, or further program changes.
The Governor's May Revision of the 2011-12 budget projected higher-than-anticipated
revenues of $6.6 billion. The Governor called for an additional $10.8 billion in spending
reductions and other modifications while maintaining that a tax extension or other
revenue enhancements would be needed to avoid an “all cuts” budget. The Senate
Republicans rejected Governor Brown’s plan and in June, the Legislature passed a
budget through a majority party-line vote, which the Governor vetoed on the basis that it
was not “financeable” and did not present a “balanced solution.” Soon after, State
Controller John Chiang proclaimed the 2011-12 budget was incomplete and unbalanced
by nearly $2 billion. Since the budget did not meet the requirements of Proposition 58,
requiring the state to enact a balanced budget, Legislators could not be paid under the
provisions of Proposition 25 as they missed the June 15th deadline for a balanced budget.
By the end of June, a final budget package was agreed upon by the Governor and
Democratic members of the Legislature which provided for $15 billion in cuts, including
$5 billion to health and human services. The Governor also vetoed $23.8 million in
additional expenditures. To close the remaining budget gap without revenue
enhancements, $1.5 billion in triggered cuts was enacted. If an anticipated $4 billion in
projected revenues didn't materialize by the end of the year, there will be further
reductions in public safety, health and human services, social services, Medi-Cal
programs, and education.
Other budget trailer bills signed by the Governor include legislation to collect use tax
from on-line companies (Amazon Tax), impose a fire protection fee on rural property
owners, establish a realignment structure for allocating funds, and elimination of
redevelopment agencies.
Amazon vowed to fight the tax measure and the Governor negotiated with the company
to forge a compromise in order to avoid a costly ballot battle. Under that compromise, the
state will delay collecting sales taxes until September 15, 2012 and will give companies
like Amazon the time to work on a uniform national law. Amazon also agreed to create
10,000 new full-time jobs in California by 2015.
Senator Ted Gaines (R) led the effort to overturn the fire protection fee on rural property
owners. However, referendum backers had to pull the measure when it became apparent
they could not collect the 500,000 signatures needed to place it on next year’s ballot.
Senator Gaines indicated he may try and repeal the fee in the Legislature, but such a
proposal would likely have a slim chance.
The Budget provided for a realignment of government services with respect to public
safety programs by moving state responsibility for decision-making and budget authority
to cities, counties, special districts and school boards. The criminal justice aspect of this
realignment shifted to local government responsibility for low level offenders, adult
parolees, and juvenile offender inmates. The Department of Finance estimates that
Contra Costa County will see an increase of 104 inmates to its average prison population
for which the press reports the County will receive approximately $4.5 million. We
understand County law enforcement officials have expressed concern regarding the
adequacy of this funding. Although the Governor promised that revenues necessary to
implement these realignment programs would be constitutionally guaranteed, the
Legislature failed to place a constitutional amendment guaranteeing those revenues on
the ballot. As a result, only one year of funding has been appropriated. We are working
with the California State Association of Counties (CSAC) to place a constitutional
amendment on the 2012 ballot to guarantee these revenues and are legal counsel to the
initiative effort as well.
Legislation was introduced in June to eliminate redevelopment agencies and to exempt
any redevelopment agency from elimination if it makes specified payments to the state.
The June budget agreement between the Democratic members of the Legislature and the
Governor was contingent upon $1.7 billion from redevelopment agencies, and the two
measures were signed into law on June 29.
On July 18, the California Redevelopment Association and the League of California
Cities filed a lawsuit in the state Supreme Court requesting the Court declare
unconstitutional ABX1 26 and ABX1 27, the bills implementing the Governor’s
redevelopment plan. The Court announced that it would hear the challenge and issued a
partial stay regarding the effectiveness of the measures until it could rule on its
constitutionality. Oral arguments were heard November 10, 2011 and the Court
announced its decision earlier than anticipated, on Dec. 29, 2011. On that date, the
California State Supreme Court announced its ruling upholding Assembly Bill ABx1 26
(dissolution of redevelopment agencies), but overturning and invalidating Assembly Bill
ABx1 27 (allowing redevelopment agencies to continue with voluntary payments to the
State). The Court’s bifurcated decision means that all redevelopment agencies will be
dissolved under the constitutional Dissolution Act, and none will have the opportunity to
opt into continued existence under the unconstitutional Voluntary Redevelopment
Program Act. The Court also determined to push back all deadlines in the Dissolution Act
by four months. For instance, all redevelopment agencies will be dissolved and their
successor agencies will begin to function on February 1, 2012 under the Court’s decision
(as opposed to the October 1, 2011 deadline specified in the Dissolution Act itself).
Throughout the entire budget process, our advocates, Nielsen Merksamer, remained
actively engaged to protect County interests. In addition to the statewide issues affecting
county government, they carefully assessed budget proposals to ensure that the County’s
property tax allocations were protected.
Review of 2011 Legislation
The Contra Costa County Board of Supervisors sponsored three measures (one related to
the creation of Pension Tier C, another to extend the Double Fine Zone on a portion of
Vasco Road, and a bill co-sponsored by CSAC related to transportation impact fees) and
took positions on 38 other bills. The County supported 29 measures (one of which was
gutted and amended into an unrelated bill--AB 946) of which 17 were signed into law,
one was vetoed, and 11 may be carried over into 2012. Of the 12 measures the County
opposed (most of which were opposed by local government statewide), four were signed,
two were vetoed, one failed passage, and 5 are carryover. It is likely that many of the
carryover bills will fail to meet legislative deadlines for passage in 2012.
In addition, we monitored 67 bills to ensure they were not amended to negatively impact
the County and 38 bills pertaining to the Delta and water. We remain extremely active in
responding to bills affecting the Delta in conjunction with the Delta Counties Coalition.
See Attachment B for a summary of state bills on which Contra Costa County took
action in 2011.
Review of 2011 Transportation Legislation
The County had notable successes in achieving some of its transportation-related goals in
2011:
AB 147 (Dickinson): Subdivisions was co-sponsored by the County and the California
State Association of Counties (CSAC) and was approved by the Governor on September
6, 2011. Prior to passage of AB 147 state law (the Subdivision Map Act) restricted the
use of impact fee revenues to improvements on major roads and bridges. AB 147 allows
for a broader use of impact fee revenues to include public transit, bikeway, pedestrian and
traffic-calming facilities, in addition to major road and bridge projects. Local jurisdictions
can now use the fee revenues for any type of transportation improvement that is needed
to mitigate the impacts of the new development. CSAC sponsored this measure to provide
cities and counties with the tools necessary to build required infrastructure to support
infill development by expanding the allowable uses for transportation mitigation impact
fees. These changes are consistent with statewide directives for infill development,
transit-oriented development, more compact growth, and complete streets.
AB 348 (Buchanan): Highways: Safety Enhancement-Double Fine Zone was
sponsored by the County and provides for the designation of a specified segment of
Vasco Road as a double fine zone (DFZ). AB 348 was signed by the Governor on
September 20, 2011. Prior authorization to designate the segment a DFZ expired in
January 2010. Concerns from Caltrans persisted during the legislative session. However,
Contra Costa Transportation Authority (CCTA) supported the bill and with assistance
from the Randy Iwasaki, CCTA Executive Director, Caltrans concerns were addressed
clearing the way for approval.
AB 710 (Skinner): Local Planning threatened to usurp local policies by prohibiting a
city or country from requiring a minimum parking standard greater than one parking
space per 1,000 square feet of nonresidential improvements and one parking space per
unit of residential improvements for any new development project in transit sensitive
areas. The author worked with County staff and the County advocate to craft an
amendment that would exempt the Contra Costa Centre/Pleasant Hill and Pittsburg/Bay
Point BART station areas. However, the bill ultimately failed to pass the Senate.
After substantial transportation budget gyrations in 2010, the 2011 session was relatively
quiet on budget issues. AB 105, by the Committee on Budget, is the transportation
budget trailer bill that CSAC supported for several reasons. First, it validated the “gas tax
swap” legislation initially passed by the Legislature in March 2010. Recall that the swap
repealed the sales tax on gasoline (Prop 42 and spillover) and replaced it with a 17.3-cent
increase in the gasoline excise tax (HUTA) and a 1.75 percent increase in the sales tax on
diesel, which corresponded to the amount of revenue the sales tax on gasoline was
generating at the time the legislation was passed. Due to the passage of Proposition 22
and Proposition 26 this validation was necessary to preserve the state general fund
savings agreed to under the swap and continue $1.5 billion of annual investment for
funding state highways, local streets and roads and transit.
AB 105 also included the two technical changes requested by CSAC. The first technical
fix extends the use-it-or-lose-it period for expenditure of Prop 1B local streets and roads
funds by one year due to previous Highway User Tax Account (HUTA) deferrals. The
second technical fix relates to ensuring that Prop 42 provisions, such as, maintenance of
effort, use-it-or-lose-it, and limitations on project eligibility types do not apply to the new
HUTA funds under the swap. Therefore, all HUTA or gas tax monies (Sections 2103 –
2106) will be treated equally. AB 105 was signed by the Governor on March 24, 2011.
AB 1308 (Miller) attempted to resolve cash flow issues resulting from delays in the
distribution of Highway Users Tax Account funds by allowing for continuous
appropriation regardless of the status of the state budget. The bill is anticipated to
carryover and be readdressed in 2012. AB 1134 (Bonilla) was meant to address the cost
of project study report development. The bill was to have locally funded projects
reviewed by the Department of Transportation at its expense. The bill is anticipated to
carryover and be readdressed in 2012.
PROPOSED 2012 STATE LEGISLATIVE PLATFORM
Each year, the Board of Supervisors adopts a State Legislative Platform that establishes
priorities and policy positions with regard to potential State legislation and regulation.
The State Legislative Platform includes County-sponsored bill proposals; legislative and
regulatory priorities for the year; and policy issues that provide direction and guidance for
identification of bills which would affect the services, programs or finances of Contra
Costa County.
In light of the decision by the California Supreme Court regarding the dissolution of
Redevelopment Agencies, several policy positions that had been reviewed and amended
by the Legislation Committee in November have been further amended by staff and are
presented to the Board of Supervisors for its consideration and action. Owing to these
changes, as well as to the amendments requested by the Legislation Committee at their
November 21, 2011 meeting, the Proposed 2012 State Legislative Platform is presented
in a redline version (Attachment C), reflecting changes from the Draft 2012 State
Platform, as well as a "clean copy" version (Attachment D).
Notable changes from the 2011 State Legislative Platform include the following :
1. The County-Sponsored Bills have been revised to include two new proposals for
2012: "New Pension Tiers Legislation," and "Retain In Home Supportive Services
(IHSS) Savings Through Targeted Program Management." (p. 1-2 of redline copy)
With regard to "New Pension Tiers Legislation," the County is seeking enabling
legislation to amend the County Employees Retirement Act of 1937 to allow Tier IV
and/or Tier D to apply to each bargaining unit that agrees to implement the new Tier. The
County may also seek in legislation, as appropriate, additional general authority for the
County and its Unions to agree to different retirement benefits for future employees for
different bargaining units or subgroups, if approved in a Memorandum of Understanding.
In addition, the County may also seek, as appropriate, additional general authority for the
County and its Unions to agree that employees hired after December 31, 2012 may pay
part of the Employer’s retirement contributions, if approved in a Memorandum of
Understanding.
Note: The Legislation Committee at its November 21, 2011 meeting provided direction to
staff with regard to seeking the additional general authority specified above in legislation
during 2012, as an appropriate legislative proposal emerges. The Proposed 2012 State
Platform also reflects the status of an approved MOU with the DSA with respect to Tier
D legislation.
With regard to the legislative proposal for IHSS, it is still undergoing refinement by staff.
However, the concept is that Contra Costa County IHSS believes it can save service
hours – and thereby costs – through an on-going Target Program Management. By
aiming to stay below the “natural growth rate” in hours of 3.2 – 7.5% per year, Contra
Costa County IHSS projects that it can achieve annual savings of up to $2.0 million to the
State General Fund during the next five years. Beginning FY 2011-12, Contra Costa
County requests that the State share any savings between the projected “natural growth
rate” in IHSS service hours and the actual service hours achieved by the County each
year, in a share ratio formula to be determined. Savings retained by the County would be
kept within the IHSS program, or possibly applied to other endangered safety net
programs for seniors – such as Adult Day Health Care, Legal Services and
community-based nutrition and transportation programs.
(Further developments in Realignment and the implementation of State Budget trigger
cuts could affect the development of this legislative proposal for the County's IHSS
program.)
2. The Legislative/Regulatory Advocacy Priorities have been amended as follows: (p.
2-4)
The State Budgetpriority has been updated to reflect the most current state budget
forecast information from the Administration.
The Deltapriority has been updated to indicate that the County may work with the
Delta Counties Coalition (DCC) on sponsored legislation related to levee funding
and the impacts of Delta plans on local land use authority.
The 2011 priority on Redevelopmenthas been deleted.
A priority has been added related to "Constitutional Protections and Realignment
Implementation."
3. The Policy Positions have been amendment as follows:
a. Agricultural Issues(p. 5): Text change to 2011 policy #4 to include other invasive
species.
b. Elections Issues(p. 9) : Text change to 2011 policy #19 to include rationale for seeking
full reimbursement for state mandates imposed on registrars and consideration of having
the state pay its pro-rata share of costs.
c. General Revenues/Finance Issues (p. 10-11):
Text change to 2011 policy #32 to delete the reference to opposition to the shift of
“additional” redevelopment property tax increment revenues “(beyond what was
shifted in ABx1-17).” (This change reflects the California Supreme Court decision
on December 29, 2011, upholding the legislative action dissolving redevelopment
agencies.)
Text change to 2011 policy #44 to include support of legislative compliance with
"Proposition 22 on an issue-by- issue basis." The qualification to support for Prop.
22 was recommended by the Legislation Committee.
Addition of policy #50: "SUPPORT legislation that provides constitutional
protections and guaranteed funding to counties under Realignment."
d. Human Services Issues (p. 15-17):
Text change to 2011 policy #79 to include supporting efforts to identify and
eliminate elder financial abuse or other elder crimes that may be committed through:
“powers of attorney, notaries and others who have the right to control elder assets.”
Text change to 2011 policy #80 to reframe supporting efforts related to IHSS
management: “effectively manage the In Home Supportive Services (IHSS) to
establish and maintain cost control mechanisms while delivering quality, targeted
services and maintaining program integrity. Efforts include, but are not limited to,
establishing an IHSS Volunteer Coordination component coupled with the
rebalancing of available hours. Retired volunteer social workers and registered
nurses could act as local Care Coordinators, enabling IHSS Social Workers to
increase their capacity to perform more timely reassessments that would enable the
management of available hours and target services to those clients most in need and
at risk of institutionalization.”
Delete 2011 policy #88 related to the mandate on counties for AB 3632, mental
health services for special education students, which has been transferred to the
schools by the Legislature.
Text change to 2011 policy #89: SUPPORT efforts by the Contra Costa County’s
executive directors and program administrators of all Child Care and Development
Programs to restore state budget allocations to the FY 2009-10 levels for the
California State Preschool Program (CSPP), California Center-Based General Child
Care Program (CCTR), CalWORKs Stage 2 (C2AP), CalWORKs Stage 3 (C3AP),
Alternate Payment Program (CAPP), Child Care and Development Grant and the
Child Care Retention Program (AB 212)
e. Indian Gaming Issues(p.17)
Text change to the preamble to indicate that there is now only one casino proposal in
West County—in North Richmond. The Point Molate location is no longer viable.
f. Land Use/Community Development Issues(p. 18-20)
Text changes to 2011 policy #97 regarding the “establishment” of a CEQA
exemption for affordable housing financing.
Text change to 2011 policy #98 regarding efforts to seek a CEQA exemption for
infill development in unincorporated areas.
Delete 2011 policy #99 regarding a Government Code section related to the supply
of affordable housing. Staff indicates that it is somewhat redundant to policy #98.
Further, the provisions related to density bonus and inducements to them have been
partly achieved, and thus diminish the need for further legislative action.
Text change to 2011 policy #102 to add: “This issue was partly addressed by SB
450 (Lowenthal), which was vetoed by the Governor in 2011 and will likely be
reintroduced in some form.”
Add policy #103: "If the Supreme Court invalidates the Redevelopment
Restructuring Acts of 2011, SUPPORT reform of the existing redevelopment
process, as appropriate to consider as part of a budget solution. Specifically,
SUPPORT legislation that would give local agencies specific tools for economic
SUPPORT legislation that would give local agencies specific tools for economic
development purposes in order to enhance job opportunities, with emphasis on
attracting and retaining businesses, and promote smart growth and affordable
housing development."
Add policy #104: OPPOSE legislation that would create substantial uncertainty over
the tax allocation bonds issued by redevelopment agencies and possible negative
credit impact.
g. Law and Justice System Issues(p. 20)
Delete 2011 policy #106: “SUPPORT full funding of the state Juvenile Probation
and Camps Funding (JPCF).”This policy is no longer necessary as JPCF is now part
of the Local Law Enforcement Services (LLESA) pot that is guaranteed under
Realignment. State Sales Tax and VLF shortfalls will degrade Realignment
allocations while LLESA will be preserved. The overarching issue is the
Constitutional Amendment to guaranteed continued Realignment funding.
Delete 2011 policy #107: 3. SUPPORT Adult Probation Funding that would provide
State funding for adult probation services to enhance public safety and provide
realistic opportunities for the rehabilitation of probationers." This was accomplished
with Public Safety Realignment, though our County received insufficient revenues.
The Legislative Priority related to Realignment focuses on efforts to change the
statewide allocation formula and increasing the overall pot of funds for counties
because the state underestimated what counties would need to provide these
services/capacity at the local level and the formula is inequitable.
Delete 2011 policy #109: SUPPORT legislation that removes the sunset of Vehicle
License Fees designated for law enforcement agencies that are currently set to expire
on June 30, 2011." This issue has been replaced by the need for a Constitutional
Amendment to protect our Realignment revenue. Realignment did not extend the
temporary sales tax and VLF increases that expired June 30, 2011 but, instead,
reallocated $6.5 billion of state sales tax and state and local VLF for the purposes of
2011/12 Realignment. There is no guarantee of realignment funding beyond
2011/12, only a promise.
Add policy #107: “OPPOSE legislative proposals to realign additional program
responsibility to counties without adequate funding and protections.”
Add policy #108: “OPPOSE legislation that would shift the responsibility of
parolees from the state to the counties without adequate notification, documentation
and funding.”
Add policy #109: “SUPPORT legislation that will help counties implement the 2011
Public Safety Realignment as long as the proposal would: provide for county
flexibility, eliminate redundant or unnecessary reporting, and would not transfer
more responsibility without funding.”
h. Levee Issues, Sacramento-San Joaquin Delta Issues(p. 21-24)
Add policy #111: “SUPPORT legislation that requires the levee repair funds
generated by Proposition 1E be spent within one year. Many public agencies,
including reclamation districts charged with maintaining levees, have complained
about the state’s inaction in allocating and distributing the levee funds that were
raised by the bond sales authorized by Proposition 1E in 2008. Legislation could
require the immediate distribution of these funds to local levee projects. The Delta
Reform Act of 2009 authorized over $202 million for levee repairs. It has been
difficult to obtain explanations from the state as to why these funds are not being
distributed.”
Add policy #112: “SUPPORT legislation to amend California Water Code Section
12986, to maintain the state/local funding ratio of 75/25 for the state’s Delta Levees
Subventions Program, which provides funds for local levee repair and maintenance
projects. The code provisions that have the state paying 75 percent of project costs
will expire on July 1, 2013. At that time the matching ratio will change to 50/50.
This means local reclamation districts will have to pay a larger portion of project
costs (50%, compared to their current 25% requirement). Many districts do not have
the funding to do so. This legislative request could also include direction that the
Delta Levees Subventions Program should continue to use funds from bonds or
other dedicated sources, rather than the state’s General Fund. For the past several
years the program has been funded from bonds. When these bond funds run out, the
program will have to be funded from the General Fund, unless some other new
dedicated funding source is established. This is something that should be included in
the next Water Bond, if and when there is one.”
Add policy #115: “SUPPORT legislation to amend California Water Code Section
85057.5 to bring the Delta Stewardship Council’s “covered actions” land-use review
process into consistency with CEQA.”
i. Transportation Issues (p. 26)
Text change to 2011 policy #199 to add to important regional transportation projects
“that benefit the state and local road system….”
Text change to 2011 policy #123 to add the words “regulated," “roads," and "joint
use facilities."
Delete 2011 policy #126 regarding the reauthorization of Vasco Road as a Double
Fine Zone. A bill to this effect was signed by the Governor in 2011.
j. Waste Management Issues (p. 26)
Add policy #132: “SUPPORT legislation that seeks to remedy the environmental
degradation and solid waste management problems on a State-wide basis of
single-use plastic bags typically given away for free at grocer, retail and other
establishments.”
Add policy #133: “SUPPORT legislation that does not require increased diversion
from landfills without out an adequate funding mechanism.”
Note that policy #134 is not new. It was mistakenly omitted by staff during the
development of the Draft 2012 State Platform.
CONSEQUENCE OF NEGATIVE ACTION:
Without adopted legislative platforms, the legislative priorities and policies of the Board
of Supervisors would not be established and communicated, and staff, legislative
advocates and our congressional and legislative delegations would not be able to support
the policies and priorities of the Board of Supervisors.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
CONTINUED to January 24, 2012.
ATTACHMENTS
Attachment A--Proposed 2012 Federal Platform
Attachment B--2011 Legislative Summary
Attachment C--Proposed 2012 State Platform, Redlined from Draft
Attachment D--Proposed 2012 State Platform, Clean Copy
1/9/2012 1
PROPOSED 2012 FEDERAL LEGISLATIVE PLATFORM
CONTRA COSTA COUNTY
Each year, the Board of Supervisors adopts a Federal Legislative Platform that
establishes project priorities and policy positions with regard to potential federal
legislation and regulation. The 2012 Federal Legislative Platform includes 13 requests
for FFY 2013 appropriations or grants; 4 requests for the reauthorization of the federal
transportation act; and 5 requests for the reauthorization of the Water Resources
Development Act.
FFY 2013 FEDERAL APPROPRIATION REQUESTS
The following list is a preliminary ranking in priority order. Adjustments to the priority order may
be appropriate once the President releases his budget. The current priority ranking gives
preference to those projects that we know will not be included in the President’s budget, with
lower priority to Army Corps of Engineers projects which may be in the budget. Also, Army
Corps project requests will be adjusted to be consistent with Corps capability.
1. Delta LTMS-Pinole Shoal Management, CA – $2,500,000 appropriation for the
Army Corps of Engineers to continue a Long Term Management Strategy (LTMS) for
levee rehabilitation, dredging and sediment reuse in the Delta, similar to the effort
completed in the Bay area. Levee work, reuse of dredged sediments, dredging and
other activities have been difficult to accomplish due to permitting problems and a
divergence of priorities related to water quality. Significant levee rehabilitation is critical
to the long term stability of these levees and to water quality and supply for the 23
million Californians who depend upon this water. Stakeholders from the Department of
Water Resources, Ports, Army Corps, levee reclamation districts, local governments
and other interested parties are participating in the LTMS. A Sediment or Dredged
Material Management Office will be established, and in the longer term, preparation of a
Sediment Management Plan will consider beneficial reuse of dredged materials as one
potential source of sediment for levees. (Note: $500,000 appropriated for FFY 2005;
$225,000 for FFY 2006; $500,000 for FFY 2007; $462,000 for FFY 2008; $235,000 for FFY
2009; $100,000 for FFY 2010.)
2. Safe and Bright Futures for Children Exposed to Domestic Violence –
$400,000 appropriation to implement the federally funded plan to diminish the damaging
effects of domestic violence on children and adolescents and to stop the cycle of
intentional injury and abuse. A three year assessment and planning process resulted in
a program plan that is working to align and create a system responsive to the needs of
children exposed to domestic violence through identification, early intervention; raising
awareness; training professionals; utilizing and disseminating data; establishing
consultation teams to support providers in intervening and using best practices ; and
developing targeted services. The local domestic violence hotline received over 4,300
calls involving children last year (60% of all calls). Exposure to domestic violence
reshapes the human brain and is the primary cause of trauma in children’s lives. It
influences personality, shapes personal skills and behaviors, impacts academic
Proposed 2012 Federal Legislative Platform
Contra Costa County
1/9/2012 Proposed 2012 Federal Platform 2
performance, and substantially contributes to the high cost of law enforcement,
civil/criminal justice and social services. Exposure to domestic violence is associated
with greater rates of substance abuse, mental illness, and adverse health outcomes in
adulthood, and substantially contributes to the high cost of law enforcement,
civil/criminal justice and social services. (Note: $428,000 appropriated for FFY 2009;
$550,000 for FFY 2010.)
3. Mt. Diablo Mercury Mine Clean-up – $483,000 appropriation for the Army Corps of
Engineers to complete phase 3 and 4 of the Technical Planning Proces s for the Mt.
Diablo Mercury Mine Demonstration Project. The project will clean up the mine in a
cost effective, environmentally-sound manner with minimal liability exposure for the
County and involving all stakeholders through an open community-based process. The
Corps initiated a Technical Planning Process in June 2008 to develop a preliminary
remediation plan, identify applicable permit and environmental data requirements and
complete a data collection and documentation program for the clean -up of the Mt.
Diablo Mercury Mine. Phase 1 and 2 of the planning process has been completed and
this appropriation will allow the Corps to continue the planning process and complete
phase 3 and 4. The planning process will include looking at watershed issues
downstream of the mercury mine. The Corps will be focusing on the mine site and the
local Contra Costa County Flood Control District will be focusing on the broader
watershed issues. The mine site is located on private property on the northeast slope of
Mt. Diablo at the upper end of the Marsh Creek watershed. (Note: $517,000
appropriated in FFY 2008.)
4. Bay-Delta Area Studies, Surveys and Technical Analysis – $2,500,000
appropriation for the Delta Counties Coalition to carry out technical analysis and
planning associated with participation in the Bay-Delta Conservation Plan (BDCP) or
implementation of any projects resulting from the Plan. The technical analysis and
planning will focus on issues related to the planning of water delivery projects and
conservation plans that are included in the BDCP.
5. Lower Walnut Creek, California – $600,000 appropriation for the Army Corps of
Engineers continue their general reevaluation of the lower five miles of the Walnut
Creek Channel to restore flood capacity, p rovide environmental enhancement and
ecosystem restoration. The project is designed to help improve flood protection in a
densely populated area, while leaving the creek in a natural state, thus providing habitat
for migratory birds, fish and other wildlife; increasing neighborhood livability; and
allowing for linkages with recreational and park land. (Note: $188,000 appropriated for
FFY 2006; no FFY 2007 appropriation; $562,000 for FFY 2008; $287,000 for FFY 2009; $0 for
FFY 2010.)
6. CALFED Bay Delta Reauthorization Act Levee Stability Improvement Program
(LSIP) – $8,000,000 appropriation for the Army Corps of Engineers for levee
rehabilitation planning and project implementation. The CALFED Reauthorization Act,
passed in January 2004, authorized $90 million, which may be appropriated for levee
rehabilitation work. The Corps has prepared a “180 -Day Report” which identifies
projects and determines how these funds would be spent. Since that time, the
Proposed 2012 Federal Legislative Platform
Contra Costa County
1/9/2012 Proposed 2012 Federal Platform 3
breakdown of CALFED, coupled with the Army Corps’ at tempts to define an appropriate
and streamlined process, has delayed funding and resultant levee work. (Note:
$500,000 appropriated for FFY 2006; $400,000 for FFY 2007; $4.92 million for FFY 2008;
$4.844 million for FFY 2010.)
7. Suisun Bay Channel/New York Slough Maintenance Dredging – $3,500,000
appropriation for the Army Corps of Engineers for maintenance dredging of this channel
to the authorized depth of minus 35 feet. Continued maintenance is essential for safe
transport of crude oil and other bulk materials through the San Francisco Bay, along the
Carquinez Straits and into the Sacramento/San Joaquin Delta. Dredging for this channel
section is particularly costly due to requirements on placement of dredged materials in
upland environments. An oil tanker ran aground in early 2001 due to severe shoaling in
a section of this channel, which creates a greater potential for oil spills (Note: $4.559
million appropriated for FFY 2005; $4.619 million for FFY 2006; $2.82 million for FFY 2007;
$2.856 million for FFY 2008; $2.768 million for FFY 2009; $3.819 million for FFY 2010.)
8. San Pablo/Mare Island Strait/Pinole Shoal Channel Maintenance Dredging –
$4,300,000 appropriation for the Army Corps of Engineers ($2.65 million for Mare
Island) for maintenance dredging of the channel to the authorized depth of minus 35
feet. The Pinole Shoal channel is a major arterial for vessel transport through the San
Francisco Bay region, serving oil refineries and bulk cargo which is transported as far
east as Sacramento and Stockton. (Note: $1 million appropriated for FFY 2005; $2.988
million for FFY 2006; $896,000 for FFY 2007; $1.696 million for FFY 2008; $1.058 million for
FFY 2009; $2.518 million for FFY 2010.)
9. San Francisco to Stockton (J. F. Baldwin a nd Stockton Channels) Ship
Channel Deepening – $2,900,000 appropriation for the Army Corps of Engineers to
continue the Deepening Project. Deepening and minor realignment of this channel will
allow for operational efficiencies for many different industries, an increase in waterborne
goods movement, reduced congestion on roadways, and air quality benefits. Phase
one work focused on establishing economic benefit to the nation and initial salinity
modeling in the channel sections. The second and final phase includes detailed channel
design, environmental documentation, cost analysis, additional modeling, and dredged
material disposal options. (Note: $500,000 appropriated for FFY 2005; $200,000 for FFY
2006; $200,000 for FFY 2007; $403,000 for FFY 2008; $1.34 million for FFY 2009; $0 for FFY
2010.)
10. Contra Costa County’s VHF Public Safety Radio System – $1,063,200
appropriation for Contra Costa County operation of a VHF Public Safety Radio System
serving several governmental agencies (including emergency medical services) within
the county. This system will soon become a backup (VHF overlay) to the East Bay
Regional Communication System (EBRCS) once that system is completed and
actuated. To comply with upcoming Federal Communications Commission (FCC)
narrow band requirements, the VHF system must be upgraded to ensure seamless
compatibility with certain aspects of the EBRCS, should that system fail. To prevent the
VHF system from being compromised, several significant security enhancements are
necessary at various site locations. This includes camera monitoring and alert systems.
Proposed 2012 Federal Legislative Platform
Contra Costa County
1/9/2012 Proposed 2012 Federal Platform 4
11. State Route 4 / Old River Bridge Study – $1,000,000 appropriation to work with
San Joaquin County and the State of California on a study of improving or replacing the
Old River Bridge along State Route 4 on the Contra Costa / San Joaquin County line.
The study would determine a preferred alternative for expanding or replacing the
existing bridge, which is part of State Route 4. The existing bridge is narrow, barely
allowing two vehicles to pass each other, and is aligned on a difficult angle relative to
the highway on either side, requiring motorists to make sharp turns onto and off of the
bridge. The project would improve safety and traffic flow over the bridge. (Note: no
appropriations for this project as yet.)
12. Knightsen/Byron Area Transportation Study - $300,000 appropriation to re-
evaluate the Circulation Element of the County General Plan (GP) to improve its
consistency with the Urban Limit Line (ULL) and related po licies that ensure
preservation of non-urban, agricultural, open space and other areas identified outside
the ULL. Policies will be evaluated to provide a more efficient and affordable circulation
system for the study area, serve all transportation user-groups, support the local
agricultural economy and accommodate the commuter traffic destined for employment
centers outside the study area. Zoning and development regulations would be updated
to implement the study recommendations. (Potential Program: FHWA - Transportation,
Community, and System Preservation Program).
13. Grayson and Murderer’s Creeks (Walnut Creek Basin), California – $600,000
appropriation for the Army Corps of Engineers to analyze Grayson and Murderer’s
Creeks to determine the feasibility of providing improved flood protection for a
community that regularly experiences flood damages. The project is designed to help
improve flood protection in a densely populated area, while leaving the creeks in a
natural state, thus providing habitat for migratory birds, fish and other wildlife; increasing
neighborhood livability; and allowing for linkages with recreational and park land. (Note:
$100,000 appropriated for FFY 2006; no FFY 2007 appropriation; $98,000 for FFY 2008.;
$478,000 for FFY 2009; $90,000 for FFY 2010.)
2012 REAUTHORIZATION OF FEDERAL TRANSPORTATION ACT
The current federal transportation policy and spending act, a five-year act known as the Safe,
Accountable, Flexible and Efficient Transportation Equity Act – A Legacy for Users, or
SAFETEA-LU, expired in 2009. Its reauthorization will likely be crafted during the year. The
following are priority projects for inclusion in the next multi-year transportation bill.
1. Vasco Road Safety Improvement Project -- $18 million for improvements to a
2.5-mile accident-prone section of Vasco Road. Project components include widening
the roadway to accommodate a concrete median barrier and shoulders on either side of
the barrier, construction of the barrier, and extension of an existin g passing lane. The
project will eliminate cross-median accidents which have caused numerous fatalities in
recent years, and will provide increased opportunities for vehicles to safely pass (unsafe
passing is a major cause of accidents and fatalities on this segment of the increasingly
busy two-lane undivided road). The project will include provisions for wildlife
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Contra Costa County
1/9/2012 Proposed 2012 Federal Platform 5
undercrossings to preserve migration patterns. The funds will complement $10 million
programmed for the project in the American Recovery and Reinvestment Act. (10th/11th
Districts, Garamendi/ McNerney)
1.b Vasco Road Safety Improvement Project Continuation -- $30 million for
improvements to the remaining 9 miles of accident-prone sections of Vasco Road.
Alameda County has been working on constructing improvements in their jurisdiction
and it would be desirable for the two counties to work together to complete the gap left
in the concrete median barrier near the County line. In addition to completing this gap,
Contra Costa desires to extend the concrete median barrier further north of the recently
completed median barrier project to the Camino Diablo Road intersection. (10th/11th
Districts, Garamendi/McNerney)
2. North Richmond Truck Route -- $25 million (increased from $15.5 million in the
2009 platform due to engineering issues pertaining to levees and railroad right of way)
to construct a new road or other alternate access improvements that will provide truck
access between businesses and the Richmond Parkway, moving the truck traffic away
from a residential neighborhood and elementary school. This project will increase
safety, improve public health around the school and residential area by reducing diesel
particulate emissions from those areas, increase livability of the neighborhood, impr ove
local access to the Wildcat Creek Regional Trail, stimulate economic development in
the industrial area of the community and provide a better route for trucks traveling to
and from the Richmond Parkway. The alignment was developed through a community
planning process funded through an Environmental Justice planning grant from
Caltrans. (7th District, Miller)
3. Eastern Contra Costa Trail Network -- $5 million for a joint planning,
environmental review, right-of-way acquisition and constructions of a coordinated
network of trails for walking, bicycling and equestrian uses in eastern Contra Costa
County including facilities and projects improving access to existing or planned transit
stations. Eligible trails include, but are not limited to, (1) the M okelumne Trail
overcrossing of the State Route 4 Bypass; (2) Contra Costa segments of the Great
California Delta Trail; (3) a supportive network of East Contra Costa trails in
unincorporated County areas and the cities of Antioch, Brentwood, Oakley and Pittsburg
(All districts)
4. eBART Extension Next Phase Study/Environmental and Engineering -- $10
million for environmental review and engineering work on the project identified in the
Bay Area Rapid Transit District’s (BART) eBART Next Segment Study in eastern Contra
Costa County. With regard to additional stations and eBART rail corridor alignment
tasks may include, but not necessarily be limited to, completion of environmental
review, and partial completion of engineering. Additional work may include, bu t not
necessarily be limited to, evaluation and refinement of alignment and stations,
development of capital and operating costs, land use analysis, completion of
environmental review including appropriate mitigations, development of preliminary
engineering, and public outreach. (10th/11th Districts, Garamendi/ McNerney) (Potential
Program: FTA – New Starts, FHWA/FTA Congestion Mitigation and Air Quality)
Proposed 2012 Federal Legislative Platform
Contra Costa County
1/9/2012 Proposed 2012 Federal Platform 6
Following are priority programs for inclusion in the next multi-year transportation bill:
Rural Road Funding Program – The County supports the creation of a new funding
program that will provide funds for converting or upgrading rural roads into more
modern roads that can handle increasing commuter traffic in growing areas, such as
East County. These roads do not often compete well in current grant programs because
they do not carry as many vehicles as roads in more congested urban or suburban
areas. As a result, improvements such as widening, realignment, drainage
improvements and intersection modifications often go unfunded, leaving such roads
with operational and safety problems as well as insufficient capacity. (All districts)
Transportation Funding for Disabled, Low-income, and Elderly Persons – The
County supports continuation and increased funding levels for the three federal funding
programs dedicated to transit services for these population groups -- the New Freedom
Program for senior transit services, the Job Access and Reverse Commute Program
which funds transit services to job locations for low-income persons, and the Section
5310 transit funding program for the elderly and individuals with disabilities. SAFETEA-
LU provided a total of $1.7 billion nationwide for these programs. By comparison, $200
billion was provided for highway projects; even transportation research got more funding
($2.3 billion) than transit for elderly, disabled and low-income persons. All of the
demographic trends point to a growing need for such services in the future. For
example, the 65-and-older population in the Bay Area is projected to more than double
by the year 2030.
Transit services for elderly, disabled, and low-income persons are provided by the
County, by some cities, by all of the bus transit operators, and by many community
organizations and non-profits that provide social services. Increased funding is needed to
provide and maintain more service vehicles, operate them longer throughout the day,
upgrade the vehicle fleet and dispatching systems, improve coordination between public
providers and community groups that also provide such services to their clients, and
expand outreach programs to inform potential riders of the available services, among
other needs. (All districts)
Highway Bridge Program – The County supports the continuation of the Highway
Bridge funding program that will provide funds for rehabilitating and replacing our
aging bridges. The County has several aging bridges with deficient sufficiency
ratings. Without federal transportation funding, these expensive projects would be
deferred because they often exceed the County’s funding capacity. Many of the
bridges are on critical commute corridors, goods movement corridors, inter-regional
routes, and farm to market routes. Failure of these important transportation assets
can cause major disruptions to the transportation network.(All districts)
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REAUTHORIZATION OF WATER RESOURCES DEVELOPMENT ACT (WRDA)
The Water Resources Development Act of 2007 became law in November, more than seven
years after the last authorization bill. The House and Senate Committees may propose a
WRDA bill in 2012. The following are projects the County would submit for inclusion.
1. Army Corps Vegetation Policy – Proposed amendments to 1996 Water Resources
Development Act, Section 202: Flood Control Policy, (g) Vegetation Management
Guidelines include the following: Engineering Technical Letter 1110-2-571 is
suspended until that time a new policy is adopted .The policy guidelines shall be revised
in accordance with the following: (A) Levee vegetation management guidelines shall
represent regional variations based on a process that includes consultation with federal
and state resource agencies, and preparation with local and state flood control agencies
and corps districts. (B) Guidelines must undergo independent peer review which
evaluates the structural and natural resource functions of vegetation on levees and the
risks and benefits to the levee structure. (C) Guidelines and exemptions to them shall
provide for protection of riparian and aquatic resources, reduction of costs and other
community impacts in balance with public safety. (D) Existing projects in which the
Corps has integrated vegetation into levees and floodwalls to meet project objectives
and regulatory requirements shall be exempt from the guidelines.
2. Mt. Diablo Mercury Mine Clean-up - Authorize the Army Corps of Engineers,
through their Remediation of Abandoned Mine Site program (RAMS), to perform and
complete the Technical Planning Process and site characterization of the Mt. Diablo
Mercury Mine in Contra Costa County as a demonstration project with no local match,
and authorize the Army Corps of Engineers to construct the clean -up project at the Mt.
Diablo Mercury Mine. This mine remediation project is the first to combine the Corps’
RAMS program and partnering agreements with local government to resolve liability
issues associated with a clean-up project on private property and address mercury
pollution on a watershed basis. Since this is a demonstration project, the Corps would
fund the full Technical Planning Process Remedial Investigation, design and project
construction.
A 1995 study of Marsh Creek indicated the Mt. Diablo Mercury Mine tailings are
responsible for 88% of the mercury in Marsh Creek. In addition, mercury levels in fish in
Marsh Creek Reservoir downstream of the mine exceed the health standard
concentration of 0.5 ppm.
3. Sacramento San Joaquin Delta Infrastructure Improvements – Contra Costa
County, together with the four other Delta counties of Sacramento, San Joaquin, Solano
and Yolo, is requesting authorization for the Army Corps of Engineers to repair
infrastructure in the Delta. This includes levees rehabilitation projects in the Delta as
part of an overall system, rather than on a county-by-county or island-by-island basis.
As the Administration has recognized, this ecosystem is among the most important in
the nation, providing a source of drinking water for more than 25 million people ,
supporting a $28 billion agricultural industry, and fostering a thriving commercial and
recreational fishing industry that contributes millions to the California and national
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economies. The project is a request for an authorization of $2.5 billion for the Army
Corps of Engineers to upgrade the levee system, including stockpiling rock to reb uild
collapsed levees for emergency response purposes at selected areas of the Delta.
Because of the importance of the Delta to the nation’s agriculture and economy, the
request includes a modification of the Federal/local cost share to 90% federal and 10%
local.
4. Rodeo Creek, Section 1135 Project – The Contra Costa Flood Control and Water
Conservation District is seeking an 1135 project authorization for the Army Corps of
Engineers to prepare a study of the feasibility of restoring and enhancing wild life
resources in Rodeo Creek between San Pablo Bay and Highway 80. The channel was
designed and constructed to provide adequate flood protection for the community of
Rodeo and to control erosion of the creek. The channel currently does this, but
requires extensive, environmentally insensitive maintenance to keep the channel
functioning properly. In addition, the current channel design includes barriers to
migration of anadromous fish. The Contra Costa Flood Control and Water Conservation
District would like to partner again with the Corps of Engineers under the Corps' 1135
program to transform this outdated design into a sustainable, environmentally sensitive
facility that better serves the community and the environment.
5. Rheem Creek, Section 1135 Project – The Contra Costa Flood Control and Water
Conservation District is seeking an 1135 project authorization for Rheem Creek
between the mouth at San Pablo Bay and Giant Road. The Army Corps of Engineers'
existing flood protection project on Rheem Creek protects a number of commercial,
industrial, residential and open space areas in the Richmond / San Pablo area of Contra
Costa County. Surrounding the mouth of the creek is a large undeveloped parcel
(Brunner Marsh) which has been acquired by the East Bay Regional Park District for a
future public park. Development of the adjacent lands as a regional park provides a
unique opportunity for an enhanced creek environment in an area that will be very
visible to the public.
APPROPRIATIONS AND GRANTS – SUPPORT POSITIONS
The following support positions are listed in alphabetic order and do not reflect priority order.
Please note that new and revised positions are highlighted and in italics.
Buchanan Field Airport – The County approved a Master Plan for the Buchanan Field
Airport in October 2008, which includes a Federal Aviation Regulation Part 150 Noise
Study and a Business Plan for project implementation. The comprehensive planning
effort has ideally positioned Buchanan Field Airport for future aviati on (general aviation,
corporate aviation and commercial airline service) and aviation -related opportunities. To
facilitate the economic development potential, the Business Plan prioritizes necessary
infrastructure improvements for Buchanan Field Airport. Further, as the Airport is
surrounded by urban residential uses, enhancing the noise program infrastructure is
deemed essential for balancing the aviation needs with those of the surrounding
communities. The Federal government, primarily through the Federal Aviation
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Administration (FAA), provides funding for planning, analysis, and infrastructure
improvements. The County will support funding in all these areas for protection and
enhancement of our aviation facility and network.
Byron Airport – The Byron Airport is poised for future general and corporate aviation
and aviation-related development, but that future growth is dependent upon
infrastructure improvements both on and around the Airport. The Byron Airport Business
Plan prioritizes infrastructure and possible additional land acquisition to assist the Byron
Airport in fulfilling its aviation and economic development potential. The Federal
government, primarily through the Federal Aviation Administration (FAA), provides
funding for planning, analysis, infrastructure improvements and aviation land
acquisition. The County will support funding in all these areas for protection and
enhancement of our aviation facility and network.
East Bay Regional Communication System (EBRCS) – A project to build the East
Bay Regional Communication System (EBRCS), a P25 Radio System infrastructure for
Contra Costa and Alameda County. This system will provide interoperable voice
communication in both the 800 MHz and 700 MHz frequencies to all public safety and
public services agencies within Contra Costa County and Alameda County.
EBRCS will allow for interoperable voice communication within the region that can be
integrated with other P25 radio systems outside the geographical area of the EBRCS,
for example, with San Francisco. This project will provide Level 5 communications
which is the highest level of interoperable communications. This project will allow for
everyday interoperable communications, not just various levels of interoperability during
big events or disasters in which radio caches are deployed or gateway devices used.
Energy Efficiency & Conservation Block Grant (EECBG) Program –
Advocate/support appropriation of funding up to or above the authorized amount of $2
billion for the EECBG Program established and authorized under the Energy
Independence and Security Act (EISA) of 2007. The County’s ability to continue offering
programs/services improving energy efficiency and conservation while also creating
jobs is contingent upon additional federal funding being appropriated to the EECBG
Program in 2012 and beyond. Contra Costa and other local governments have
identified and designed many successful programs and financial incentives targeting
both the private and public sector which are now being implemented using EECBG
funding authorized through the ARRA of 2009. Appropriation of funding for the EECBG
program is necessary to ensure the nation’s local governments can continue their
leadership in creating clean energy jobs, reducing energy consumption and curb ing
greenhouse gas emissions.
Kirker Pass Road Truck Climbing Lane – $10 million appropriation (reduced from $31
million due to availability of other funding and focusing initially on the northbound
direction) for constructing northbound and southbound truck climbing lanes on Kirker Pass
Road, a heavily used arterial linking residential areas in eastern Contra Costa with job
centers and the freeway system in central Contra Costa. The truck climbing lanes are
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needed to improve traffic flow and will also have safety benefits. The $31 million would
augment $3 million in State Infrastructure Proposition 1B funds which the County has
allocated for the project.
Regional Habitat Planning and Conservation – $100 million appropriation to the U.S.
Fish and Wildlife Service’s “Cooperative Endangered Species Conservation Fund” to
keep pace with land costs and the increasing number of Habitat Conservation Plans
(HCPs) throughout the country. In partnership with approximately a dozen counties in
northern and southern California, the County will support a request that funding for the
Fund increase from the $85 million 2010 level to $100 million. This will provide much
needed support to regional HCPs in California and nationally, including the East Contra
Costa County HCP. Given the prolific growth in the number of regional HCPs, the Fund
needs to be increased even more substantially in subsequent years. The East Contra
Costa County HCP has received $28 million from the Cooperative Endangered Species
Conservation Fund in the past five years and continuing this grant support is of vital
importance to the successful implementation of that Plan. The County will also request
that the California State Association of Counties (CSAC) include this Fund increase as a
priority on CSAC’s federal platform.
San Francisco Bay Improvement Act– $1 billion restoration bill authored by
Congresswoman Jackie Speier in 2010 but not passed. The bill, if passed, will help
finance restoration of more than 100,000 acres of the Bay's tidal wetland s. Funds from
the bill would implement a restoration plan that was adopted in 1993. In addition to
benefits for fish and wildlife, wetlands restoration will create new jobs and provide
regional economic infusions, as well as protect against the effects of sea level rise on
the Bay's shores.
Sacramento-San Joaquin Delta National Heritage Area– a bill authored by Senator
Dianne Feinstein in 2010 but not passed. The bill, if passed, will authorize and fund a
National Heritage Area (NHA) for the Sacramento-San Joaquin Delta. The
NHA designation would be a first step in providing federal resources to agencies in the
Delta for economic development and environmental protection.
Vasco Road-Byron Highway Connector – $30 million appropriation (increased from
$10 million in 2009 platform due to costs of state and federal environmental review, and
anticipated cost increases) for design, engineering and construction of an east-west
connector road between two major arterials that link Contra Costa County with Alameda
and San Joaquin Counties. The Vasco Road-Byron Highway Connector will improve
traffic circulation and linkages in the southeastern portion of the County and will provide a
new route for truck traffic that will remove a significant portion of truck trips which currently
pass through the rural community of Byron. Vasco Road is designated as State Route 84,
and Byron Highway is under study as the potential alignment for future State Route 239.
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2012 FEDERAL LEGISLATIVE PLATFORM POLICY POSITIONS
The following support positions are listed in alphabetic order and do not reflect priority order.
Please note that new and revised policy positions are highlighted and in italics.
Affordable Housing and Homeless Programs –For Housing and Urban Development
(HUD)’s Homeless Assistance Grants, the County will support funding that does not
include set-asides or other requirements that limit local communities’ ability to respond
to the particular needs in their areas. For the Housing Assistance for People with AIDS
(HOPWA) program, the County will support legislation to update the formula used to
allocate HOPWA grants to reflect local housing costs as well as the number of AIDS
cases.
The County supports full funding for HUD homeless assistance programs and funding
for full implementation of the Homeless Emergency and Rapid Transition to Housing
(HEARTH) Act of 2009.
The County supports funding the National Affordable Housing Trust Fund. Resources
made available through the Trust Fund should be accessible to local housing and
community development agencies, including public housing authorities. As the present
home mortgage crisis demonstrates, homeownership is not for everyone. While we
value and support the role that homeownership plays in meeting affordable housing
needs, any new production program should prioritize efforts to address our nation’s
acute shortage of affordable rental housing.
Agricultural Pest and Disease Control – Agriculture and native environments in
Contra Costa County continue to be threatened by a variety of invasive/exotic pests,
diseases and non-native weeds. The Federal government provides funding for
research, regulation, pest exclusion activities, survey and detection, pest management,
weed control, public education and outreach. The County will support funding in all
these areas for protection of our agricultural industry and open space. Consistent with
the policy position, the County will also support legislation which would authorize and
direct the USDA to provide state and local funding for High Risk Prevention programs
(also called Pest Detection Funding).
Beneficial Use of Dredged Materials – As the beneficial reuse of dredged materials
has a clear public benefit, particularly in the Delta, the County will continue to support
beneficial reuse in general and also continue to advocate for funding for a federal study
to determine the feasibility of beneficial reuse, considering the benefits and impacts to
water quality and water supply in the Delta, navigation, flood control damage,
ecosystem restoration, and recreation. The study would include the feasibility of using
Sherman Island as a rehandling site for the dredged material, for levee maintenance
and/or ecosystem restoration. Language to authorize the study was included in the
Water Resources and Development Act (WRDA) which was passed into law on
November 8, 2007.
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Child Care – The vulnerable children and families we serve face some of the most
difficult circumstances of their lifetimes, as unemployment and loss of health in surance
increase rapidly, more families are face foreclosure, and food assistance use hits record
highs. Our agencies confront sharply rising caseloads and service demands as state
and local budget deficits grow. With respect to issues of child care, the County will
advocate for the following federal actions:
Increase funding to support employment of low-income families through greater
access to child care subsidies, and increase the access of children from eligible
families to high-quality care that supports positive child development outcomes.
Provide flexibility at the state and local levels so that quality care can be
balanced with access and parental choice.
Require coordination at the federal level among the various early child care and
education funding streams.
There are approximately 10,450 Early Head Start (0-3) and Head Start (3-5)
eligible children in Contra Costa County (US Census Bureau 2008 American
Community Survey). This is comprised of 6,793 Early Head Start eligible children
and 3,675 Head Start eligible children. The County’s funded enrollment is equal
to only 21% of the county’s eligible Head Start and Early Head Start Children.
The County would like to see at least 50% of eligible Head Start and Early Head
Start children enrolled in Head Start and Early Head Start program.
Child Support –The County will advocate for the following federal actions:
Eliminate the $25 fee for non-IV-A families.
Restore the incentive match payments that were prohibited in the Deficit
Reduction Act.
Allow the automatic use of cash medical support to reimburse Medicaid
expenditures.
Allow IV-D agencies to access Health Insurance records for the purposes of
Medical Support.
Child Welfare and Well-being –The County will advocate for the following federal
actions:
Provide states with financial incentives, as opposed to monetary penalties, under
the Child and Family Services Reviews and minimize the significant
administrative burden associated with the review process.
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End Title IV-E disallowances from federal audits that take away funds from an
already resource-strapped child welfare system. Allow states to reinvest these
funds in preventing child abuse and neglect.
Increase prevention dollars to help maintain children safely in their own hom es.
Federal funding currently gives disproportional support to out -of-home care
rather than to preventing children from coming into care.
Any increase in Federal Medical Assistance Percentage should include an
associated increase in the Title IV-E matching rate to help support children in
foster care.
Community Development Block Grant and HOME Programs – The County’s ability
to continue to provide funding to a variety of nonprofit agencies that provide critical
safety net services to lower income residents, including financing the development of
affordable housing, is threatened by further cuts as part of the proposed FY 2012
federal budget. CDBG formula funding has declined by 25 percent since FY 2004
while the HOME program’s funding has declined by 15 percent during the same period.
Furthermore, Congress has proposed to cut the percentage of the County’s CDBG
entitlement grant that it can allocate for administering the program from 20 percent to 10
percent. The County will continue to vigorously oppose proposed cuts in these vital
community development programs and opposes the proposal to reduce CDBG funds
available to the County to administer the CDBG program.
In addition, the County will oppose any proposed changes in the CDBG allocation
formula and opposes the proposal to reduce CDBG funds available to the County to
administer the CDBG program.
Cost Shifts to Local and State Government – Contra Costa County performs many of
its services and programs pursuant to federal direction and funding. Other services and
programs are performed at the behest of the state, which receives funding through the
federal government. In the past, the Administration’s budget has contained significant
cuts to entitlement programs and/or caps on entitlements. Such actions could shift cost
of services from the federal government to the state and/or local governments (and to
the extent that costs would shift to the state, it is highly likely that these would be
passed on to the County). The County will oppose any ac tions that would result in cost
shifts on federal entitlement programs or which would result on greater dependency on
county funded programs. In addition, the County will support federal and state financial
assistance to aid county and local government efforts to meet unfunded federal
mandates, such as those contained in the National Response Plan (NRP), the National
Infrastructure Protection Plan (NIPP), and the National Incident Management System.
Criminal Debt Collection – Nonpayment of court-ordered victim restitution, fines and
fees is a problem of epidemic proportions for all jurisdictions. Literally billions of dollars
go uncollected each year across the country, resulting not only in financial suffering of
victims, but also the loss of public revenue. Many states already allow for the offset of
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State Tax Refunds, and these programs are successful in achieving revenue recovery.
Federal Tax Refunds are already being successfully offset to pay for delinquent child
support. The County will support amendments to the Internal Revenue Code of 1986 to
allow an offset against income tax refunds to pay for court-ordered debts that are past -
due.
Designation of Indian Tribal Lands and Indian Gaming – The Board of Supervisors
has endorsed the California State Association of Counties’ (CSAC) policy documents
regarding development on tribal land and prerequisites to Indian gaming. These policy
statements address local government concerns for such issues as the federal
government’s ability to take lands into trust and thus remove them from local land use
jurisdiction, absent the consent of the state and the affected county; the need for tribes
to be responsible for all off -reservation impacts of their actions; and assurance that
local government will be able to continue to meet its governmental responsibilities for
the health, safety, environment, infrastructure and general welfare of all members of its
communities. The County will continue to advocate for federal legislation and regulation
that supports the CSAC policy documents.
The County will also advocate for limitations on reservation shopping; tightening the
definition of Class II gaming machines; assuring protection of the environment and
public health and safety; and full mitigation of the off-reservation impacts of the trust
land and its operations, including the increased cost of services and lost revenues to the
County.
The County will also advocate for greater transparency, accountability and appeal
opportunities for local government in the decision-making processes that permit the
establishment of Indian gaming facilities. This includes sequencing the processes so
that the Indian Lands Determination comes first, prior to initiation of a trust land request
and associated environmental review.
The County will also consider support for federal action and/or legislation that allows
Class III gaming at the existing gaming facility only if it can be shown that any change
would result in a facility that would be unique in nature and the f acility can demonstrate
significant community benefits above and beyond the costs associated with mitigating
community impacts.
Economic Development Programs – Congress should fund all the complementary
programs within HUD’s community and economic development toolkit, ensuring that
HUD does not lose sight of the development component of its mission. To that end, the
County will support continued funding for the Section 108 loan guarantee program, the
Brownfields Economic Development Initiative and the Rural Housing and Economic
Development program. Each of these programs plays a unique role in building stronger,
more economically viable communities, while enabling communities to leverage external
financing in a way the CDBG program alone cannot do.
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Federal “Statewideness” Requirements – For many federally funded programs, there
is a “statewideness” requirement; i.e., all counties must operate the specific program
under the same rules and regulations. This can hamper the County’s ability to meet
local needs, to be cost effective and to leverage the funding of one program to reduce
costs in another program. Contra Costa County cannot negotiate for federal waivers or
do things differently because it is not a state, yet its population is greater than seven
states. Recognizing this is a very long-term effort, the County will advocate for
relaxation of the “statewideness” rule to allow individual counties or a consortium of
counties to receive direct waivers from the federal government and/or adopt the rules
and regulations currently in use in another state for specific programs.
Habitat Conservation Planning – The County will advocate for elevating the profile of
Habitat Conservation Plans (HCPs) such as the East Contra Costa County HCP within
Congress and Administration so that these critical federal/state/local partnerships can
receive necessary attention and support. HCPs are flagship programs for the federal
government and supporting effective implementation of approved HCPs should be a top
priority for the U.S. Department of the Interior and U.S. Fish and Wildlife Service and
HCPs should be a key tool in any federal climate change or economic stimulus
legislation.
Health – The County will advocate for the following actions by the federal government:
provide enhanced Medicaid FMAP ("FMAP" is the "Federal Medical Assistance
Percentage") for Medicaid. It is the federal matching rate for state Medicaid
expenditures. Increasing the federal matching rate for states would free up state
general fund money for other purposes and would help counties as well.); suspend the
Medicare “clawback” rule; suspend the “60-day rule” that requires states to repay the
federal government overpayments identified by the state prior to collection, and even in
instances where the state can never collect; ease the ability to cover those eligible for
Medicaid by making documentation requirements less stringent; and prevent the
implementation of the following seven federal regulations:
Outpatient hospital
Case Management
School Based Administration & Transportation
Public Provider Cost Limit
Graduate Medical Education
Rehabilitation Services Option
Provider Tax
Pension– The County will support legislation that would modify the Internal Revenue
Code and corresponding regulations to permit public employees to make an irrevocable
election between their current pension formula and a less rich pension formula.
In 2006, Contra Costa County and the Deputy Sheriff’s Association jointly obtained state
legislation that would allow members of the Association to make a one-time irrevocable
election between their current pension formula and a less rich pension formula, called
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Tier C. Orange County and its labor organizations obtained similar legislation in 2009.
However, neither County has been able to implement this state legislation because
such elections currently have negative tax consequences for employees and for
retirement plans under federal tax law as interpreted by the Internal Revenue Service.
Like many local government entities nationwide, the County’s fiscal position would
benefit greatly from reduced pension costs. Allowing local government entities to
implement collective bargaining agreements and state legislation that permits
employees to elect less rich pension formula s would be a significant step in reducing
pension costs.
Public Housing Programs – The County will support legislation that results in the
transformation of existing programs to improve their effectiveness and efficiency, in
tandem with the design of new and innovative responses, both to build upon recent
progress and address outstanding issues.
The County will support legislation to protect the nation’s investment in Public Housing.
• Enact affordable housing industry proposal to allow public housing agencies
(PHAs) to voluntarily convert public housing units to Section 8 project -based
rental assistance in order to preserve this vital component of the national
infrastructure.
• Oppose the Administration’s proposal to impose a $1 billion offse t against the
operating reserves of responsible, entrepreneurial PHAs.
• Support the revitalization of severely distressed public housing units.
• Address safety and security concerns connected to drug-related crime.
The County will support legislation to preserve vital community and economic
development programs
• Fully fund the Community Development Block Grant Program in order to create
and save jobs, revitalize local economies, and support critical services for
vulnerable populations.
• Maintain funding for HUD’s cost-effective economic development tools.
The County will support legislation to strengthen and simplify the Section 8 Rental
Assistance programs
• Provide adequate funding for Housing Assistance Payment contract renewals
and ongoing administrative fees.
• Enact the Section Eight Voucher Reform Act (SEVRA).
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• Implement overdue regulatory and administrative revisions that ensure the
efficient use of program funds.
The County will support legislation to expand Affordable Housing Opportunities and
combat homelessness
• Fully fund the Home Investment Partnerships Program and HUD’s homeless
assistance programs.
• Capitalize the Housing Trust Fund through a revenue-neutral approach.
• Preserve and strengthen the Low Income Housing Tax Credit Program.
The County will support legislation to foster innovation, increase efficiency, and
streamline the regulatory environment
• Promote reasonable and flexible federal oversight.
• Incentivize green building and increased Energy Efficiency.
• Support HUD’s ongoing transformation efforts.
• Ensure that HUD releases and distributes federal funding in a timely manner.
•Eliminate statutory and regulatory barriers that prevent PHAs and
redevelopment authorities from accessing federal programs they are qualified to
administer.
Retiree and Retiree Health Care Costs – The County operates many programs on
behalf of the federal government. While federal funding is available for on -going
program operations, including employee salaries, the allocation is usually capped,
regardless of actual costs. For retiree and retiree health care, the County’s ability to
contain costs is extremely limited. The County will advocate for full federal financial
participation in funding the County’s retiree and retiree health obligations.
San Luis Drain – The U. S. Bureau of Reclamation is under a court injunction to
evaluate and implement options for providing drainage services for the west side of the
San Joaquin Valley. Drainage water from this area contains toxic concentrations of
selenium and other hazardous substances. The San Luis Drain is one of the opt ions
that was studied. The Drain would pass through Contra Costa County to discharge in
the Delta. The U.S. Bureau of Reclamation has determined to address the problem
without building the Drain, but Congress would need to appropriate the funds before this
alternative could be implemented and the injunction requiring provision of drainage
service still looms. The County will continue to oppose the San Luis Drain option and
support, instead, drainage solutions in the valley, such as reducing the volume of
problem water drainage; managing/reusing drainage waters within the affected irrigation
districts; retiring lands with severe drainage impairment (purchased from willing sellers);
and reclaiming/removing solid salts through treatment, bird safe/bird free solar ponds
and farm-based methods.
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Second Chance Act – The County will support funding for the Second Chance Act,
which helps counties address the growing population of individuals returning from
prisons and jails. Despite massive increases in corrections spending in states and jails
nationwide, recidivism rates remain high: half of all individuals released from state
prison are reincarcerated within three years. Here in California, unfortunately, the
recidivism rate is even higher. Yet there is reason f or hope: research shows that when
individuals returning from prison or jail have access to key treatments, education, and
housing services, recidivism rates go down and the families and communities they
return to are stronger and safer.
The Second Chance Act ensures that the tax dollars on corrections are better spent,
and provides a much-needed response to the "revolving door" of people entering and
leaving prison and jail.
Supplemental Nutrition Assistance Program (SNAP) – The County will advocate for
the following federal actions:
Increase SNAP benefits as a major and immediately available element of
economic stimulus.
Suspend the restrictions applying to ABAWDs. ("ABAWDs" stands for "Able-
Bodied Adults without Dependents" and pertains to adults receiving food stamps
who are considered employable.) They are subject to strict time limits on how
long they can receive food stamps. It is difficult administratively to track this, and
when unemployment is high, it can result in more adults going hungry.
Remove the current federal barriers that prevent some nutrition programs from
employing EBT technology.
Streamlining Permitting for Critical Infrastructure, Economic Stimulus, and
Alternative Energy Projects –“Green” Job Creation – Request that Congress and
the Administration recognize the value of Habitat Conversation Plans (HCPs) as a
reliable way of streamlining critical infrastructure, economic stimulus, and alternative
energy project permitting in a manner that is consistent with federal environm ental
regulations. HCPs not only facilitate such projects through permit streamlining, but the
planning, implementation, management, and monitoring needs associated with regional
HCPs plans also create many quality “green” jobs.
Telecommunications Act of 1996 Revisions – The Telecommunications Act of 1996
governs local government’s role in telecommunications, primarily broadband cable that
uses the County’s right-of-way as well as consumer protections. As Congress works to
update the Act, the County will continue to advocate for strengthening consumer
protections and local government oversight of critical communications technologies;
local access to affordable and reliable high speed broadband infrastructures to support
the local economy; the right of local municipalities and communities to offer high-speed
Proposed 2012 Federal Legislative Platform
Contra Costa County
1/9/2012 Proposed 2012 Federal Platform 19
broadband access: coordination and integration of private communication resources for
governmental emergency communication systems; preservation of local government’s
franchise fees; preservation of the local community benefits, including but not limited to
public, education and governmental (PEG) access channels; authority for provision of
municipal telecommunication services; preservation of local police powers essential for
health, safety and welfare of the citizenry; preservation of local government ownership
and control of the local public rights-of-way; and support for ensuring that
communication policy promotes affordable services for all Americans.
The Community Broadband Act of 2007, S.1853, encourages the deployment of high
speed networks by preserving the authority of local governments to offer community
broadband infrastructure and services. The County will oppose all bills that do not
address the County’s concerns unless appropriately amended. In addition, the Federal
Communications Commission (FCC) has proposed rule -making (FCC Second Report
and Order Docket 05-311 “Franchising Rules for Incumbents”) that, in the opinion of
local government, goes beyond the scope of their authority in this area. The County will
oppose all such rule making efforts.
Telecommunications Issues – Support the Community Access Preservation (CAP)
Act introduced in 2009 by Wisconsin Congresswoman Tammy Baldwin. The CAP Act
addresses the challenges faced by public, educational and government (PEG) TV
channels and community access television stations. The CAP Act addresses four
immediate issues facing PEG channels. The CAP Act would: Allow PEG fees to be
used for any PEG-related purpose; require PEG channels to be carried in the same
manner as local broadcast channels; require the FCC to study the effect state video
franchise laws have had on PEG; require operators in states that adopted statewide
franchising to provide support equal to the greater of the support required under the
state law or the support historically provided for PEG; and make cable television -related
laws and regulations applicable to all landline video providers.
In addition, the County should support the widespread deployment and adoption of
broadband, especially as it serves to connect the educational community and libraries.
Temporary Assistance for Needy Families – The County will advocate for the
following federal actions:
Relieve states of work participation rate and work verification pla n penalties for
fiscal years 2007, 2008, 2009 and 2010 in recognition of the serious downturn in
the national economy and the succession of more “process -based” regulations
issued in the last few years.
Permanently withdraw the August 8, 2008, proposal that would have repealed
the regulation that enables states to claim caseload reduction credit for excess
MOE expenditures.
Proposed 2012 Federal Legislative Platform
Contra Costa County
1/9/2012 Proposed 2012 Federal Platform 20
Rescind the May 22, 2008, HHS guidance that effectively eliminated the ability of
states to offer pre-assistance programs to new TANF applicants for up to four
months.
Rescind the final Deficit Reduction Act regulation restricting allowable state
maintenance-of-effort expenditures under TANF purposes 3 and 4.
End federal efforts to impose a national TANF error rate.
Volume Pricing – The National Association of Counties supports greater access for
local governments to General Services Administration (GSA) contract schedules.
These schedules provide volume pricing for state and local governments and make
public sector procurement more cost effective. However, current law does not provide
full access to state and local governments for GSA schedules. The County will support
legislation that gives local governments access to these schedules and provides the
option of purchasing law enforcement, security, and other related items at favorable
GSA reduced pricing.
Workforce Investment Act (WIA) Reauthorization – Congress may again consider
reauthorization of the Workforce Investment Act in 2012. The County will support
reauthorization of the W orkforce Investment Act at current funding levels or higher;
keeping the program at the federal level rather than block granting it; maximizing local
control, so that we can meet local needs; and establishing reasonable performance
measures. In addition, any reauthorization or new workforce legislation should: retain
private sector led state and local Workforce Investment Boards (local boards) as
governing bodies; expand, enhance and simplify the WIA Youth Program; redesign the
Dislocated Worker program to reflect the new economy; and redesign how the funding
of One-Stop facilities is structured.
1/6/2012 Page 1
Contra Costa County
2011 Legislation Summary Report:
Bills Signed by Governor that the County Acted On
CA AB 6 AUTHOR: Fuentes [D]
TITLE: CalWORKs and CalFresh
SUMMARY:
Removes the fingerprint image requirement for eligibility for CalFresh ben efits.
Revises CalWORKS grant overpayment collection provisions. Makes inoperative
and repeals quarterly reporting requirements and prospective determination
grant amounts. Relates to semiannual reporting periods through a county
transition of recipients. Requires an income reporting threshold for recipients.
Limits reporting requirement administrative savings. Requires an energy
assistance benefit.
STATUS:
10/06/2011 Signed by GOVERNOR.
10/06/2011 Chaptered by Secretary of State. Chapter No. 501
NOTES: BOS supported on 8/16/11
CA AB 134 AUTHOR: Dickinson [D]
TITLE: Sacramento Regional County Sanitation District
SUMMARY:
Authorizes the Sacramento Regional County Sanitation District to file an
application for a permit to appropriate a specified amount of water that is based
on the volume of treated wastewater that the district discharges into the
Sacramento River and recovers for reuse. Authorizes the State Water Resources
Control Board to grant a permit to appropriate that treated wastewater upon
terms and conditions determined by the board. Requires the board to comply
with specified related requirements.
STATUS:
09/06/2011 Signed by GOVERNOR.
09/06/2011 Chaptered by Secretary of State. Chapter No. 212
NOTES: BOS supported on 8/9/11
CA AB 147 AUTHOR: Dickinson [D]
TITLE: Subdivisions
SUMMARY:
Amends the Subdivision Map Act which authorizes a local agency to require the
payment of fees as a condition of approval of a final map or as a condition of
issuing a building permit for purposes of defraying the actual or estimated cost
of constructing bridges or major thoroughfares. Authorizes a local ordinance to
require payment of a fee subject to the Mitigation Fee Act, as a condition of
approval of a final map or permit for purposes of defraying the actual
transportation facilities cost.
STATUS:
09/06/2011 Signed by GOVERNOR.
09/06/2011 Chaptered by Secretary of State. Chapter No. 228
NOTES: Our legislative initiative. CSAC Sponsored.
CA AB 348 AUTHOR: Buchanan [D]
TITLE: Highways: Safety Enhancement-Double Fine Zone
SUMMARY:
Attachment B
1/6/2012 Page 2
Provides for the designation of a specified segment of county highway known as
Vasco Road in Alameda County and Contra Costa County as a Safety
Enhancement-Double Fine Zone upon the approval of the boards of supervisors
of those counties. Imposes specified duties on local governing bodies regarding
that double fine zone, including to prepare a report on the effectiveness of the
zone to be submitted to the Legislature.
STATUS:
09/20/2011 Signed by GOVERNOR.
09/21/2011 Chaptered by Secretary of State. Chapter No. 290
NOTES: Our bill for Vasco DFZ
CA AB 438 AUTHOR: Williams [D]
TITLE: County Free Libraries: Withdrawal: Use of Contractors
SUMMARY:
Imposes specified requirements if the board of trustees, common council, or
other legislative body of a city or the board of trustees of a library district
intends to withdraw from the county free library system and operate the city's
or district's library or libraries with a private contractor that will employ library
staff to achieve cost savings, unless the library or libraries are funded only by
the proceeds of a special tax imposed by the city or district. Prohibits employee
loss of employment.
STATUS:
10/08/2011 Signed by GOVERNOR. Chaptered by Secretary of State.
Chapter No. 611
NOTES: To Leg Com for support on 7/28. Leg Com recommends
WATCH. BOS adopts WATCH on 8/16/11.
CA AB 506
AUTHOR:
Wieckowski [D]
TITLE: Local Government: Bankruptcy: Neutral Evaluation
SUMMARY:
Prohibits a local public entity from filing under federal bankruptcy law unless the
entity has met specified requirements including participation in a neutral
evaluation process, or a local public agency has declared a fiscal emergency and
has adopted a resolution at a notice public hearing, that includes findings that
the agency's financial status jeopardizes the health, safety, or well -being of the
residents of the agency's jurisdiction or service area absent bankruptcy
protections.
STATUS:
10/09/2011 Signed by GOVERNOR. Chaptered by Secretary of State.
Chapter No. 675
NOTES: BOS Opposed on 5/24/11. Sent letter to Author and Senate
Approps.
CA AB 509 AUTHOR: Skinner [D]
TITLE: Federal Earned Income Tax Credit: Notification
SUMMARY:
Requires state departments and agencies that serve individuals qualified for the
federal earned income tax credit to notify program recipients that they may be
eligible for the credit in a specified manner. Requires state departments and
agencies that do not directly communicate with persons who may qualify for the
credit to communicate indirectly through agencies or districts serving those
persons.
Attachment B
1/6/2012 Page 3
STATUS:
10/04/2011 Signed by GOVERNOR.Chaptered by Secretary of State.
Chapter No. 452
NOTES: BOS supported on 6/28/11. Sent support letter to Gov.
CA AB 646 AUTHOR: Atkins [D]
TITLE: Local Public Employee Organizations: Impasse
Procedures
SUMMARY:
Amends provisions that govern collective bargaining of local represented
employees and delegate jurisdiction to the Public Employment Relations Board
to resolve disputes and enforce the duties and rights of local public agency
employers and employees. Authorizes the employee organization to request the
matter be submitted to a factfinding panel if a mediator is unable to effect a
settlement within a specified time period. Provides procedures for the
submission of an agency's last, best, and final offer.
STATUS:
10/09/2011 Signed by GOVERNOR. Chaptered by Secretary of State.
Chapter No. 680
NOTES: BOS Opposed on 5/24/11. Sent letter to Gov.
CA AB 674 AUTHOR: Bonilla [D]
TITLE: Vehicles: Registration Fees
SUMMARY:
Extends the authorization for programs, funded from the fees charged for the
registration of commercial motor vehicles that enhance the capacity of local law
enforcement to provide fingerprint identification of individuals who may be
involved in driving under the influence of alcohol or drugs, vehicular
manslaughter, other vehicle-related crimes, and other crimes committed whil e
operating a motor vehicle.
STATUS:
09/01/2011 Signed by GOVERNOR.
09/01/2011 Chaptered by Secretary of State. Chapter No. 205
NOTES: AM Bonilla requested support. Sheriff recommends. BOS
supports 4/5/11.
CA AB 720
AUTHOR:
Hall [D]
TITLE: Public Contracts: Construction Cost Accounting
SUMMARY:
Revises a provision in existing law that specifies a board of supervisors or a
county road commissioner is not prohibited from using alternative procedures
governing county highway contracts to limit their use in maintenance,
emergency work and road construction. Amends existing law which authorizes
public projects with a specified monetary threshold to be performed by public
employees by force account, negotiated contract, or purchase order. Increases
the threshold. Relates to bidding thresholds.
STATUS:
10/09/2011 Signed by GOVERNOR.Chaptered by Secretary of State.
Chapter No. 683
NOTES: PW recommends Oppose. BOS opposes on 4/12. Sent
letter 4/15.
Attachment B
1/6/2012 Page 4
CA AB 902 AUTHOR: Alejo [D]
TITLE: Taxation: Property Tax Delinquency and Sales
SUMMARY:
Amends existing law that requires a tax collector, in the case of the proposed
tax sale of property that is the primary residence of the last known assessee, to
make a reasonable effort to contact the owner-occupant of the property.
Requires the actual and reasonable costs incurred by the tax collector in
attempting to make contact to be established by the board of supervisors.
Requires a fee for actual and reasonable costs regarding notices. Requi res fees
be distributed to the county general fund.
STATUS:
09/01/2011 Signed by GOVERNOR.
09/01/2011 Chaptered by Secretary of State. Chapter No. 208
NOTES: BOS supported 6/7/11. Recommendation from TT.
CA AB 946 AUTHOR: Lowenthal B [D]
TITLE: County of Los Angeles: Interoperable Communications
SUMMARY:
Authorizes the County of Los Angeles or the Los Angeles Regional Interoperable
Communication System Authority to solicit proposals and enter into agreement
with private entities for the delivery of a regional interoperable communications
system and all related infrastructure to be used by public safety agencies and
emergency responders located in the county.
STATUS:
10/02/2011 Signed by GOVERNOR.Chaptered by Secretary of State.
Chapter No. 400
NOTES: To Leg Com for support on 7/28. BOS supported on 8/9/11.
GUT & AMEND on the Property Tax Administration bill.
CA AB 1053 AUTHOR: Gordon [D]
TITLE: Local Government: Penalties and Fees
SUMMARY:
Provides an increase in fees for fetal death or death record and a certified copy
of a birth certificate. Removes the authorization to adjust the fee using a
specified method. Requires the fee to be adjusted pursuant to a specified
method. Declares that the increased fee would more accurately reflect the true
cost of providing those documents. Raises the registration fee for a petition filed
to make a minor a ward of the court when the minor is represented by
appointed counsel.
STATUS:
10/02/2011 Signed by GOVERNOR.Chaptered by Secretary of State.
Chapter No. 402
NOTES: BOS supported on 5/3/11. Sent letter to Assembly Approps
5/13/11.
CA AB 1066 AUTHOR: Perez J [D]
TITLE: Medi-Cal: Demonstration Project Waivers
SUMMARY:
Distinguishes which provisions of the Medi-Cal Hospital or Uninsured Care
Demonstration Project Act apply to the successor demonstration project.
Renames the Coverage Expansion and Enrollment Demonstration project as the
Low Income Health Program (LIHP). Provides that the Department of Health
Attachment B
1/6/2012 Page 5
Care Services shall authorize local LIHPs. Provides that LIHP health care
services may be provided to certain eligible individuals.
STATUS:
07/13/2011 Signed by GOVERNOR.
07/15/2011 Chaptered by Secretary of State. Chapter No. 86
NOTES: Sent letter of support, per Dr. Walker request. Consistent
with Platform.
CA AB 1296 AUTHOR: Bonilla [D]
TITLE: Health Care Eligibility, Enrollment, And Retention Act
SUMMARY:
Enacts the Health Care Reform Eligibility, Enrollment, and Retention Planning
Act. Requires the State Health and Human Services Agency to establish
standardized single, accessible application forms and related renewal
procedures for state subsidy programs. Specifies the duties of the agency and
the State Department of Health Care Services under the act. Requires providing
specified information to the Legislature on policy changes needed for
implementation.
STATUS:
10/09/2011 Signed by GOVERNOR. Chaptered by Secretary of State.
Chapter No. 641
NOTES: HSD supports. BOS 4/5/11 support. Sent letter to Gov.
CA SB 33 AUTHOR: Simitian [D]
TITLE: Elder and Dependent Adult Abuse
SUMMARY:
Amends provisions of the Elder Abuse and Dependent Adult Civil Protection Act
that includes within the mandatory reporting requirements of suspected
instances of elder or dependent adult abuse, requirements regarding mandating
reports of suspected financial abuse, with certain exceptions, makes a failure to
comply subject to civil penalty. Deletes the repeal date of these provisions.
STATUS:
09/30/2011 Signed by GOVERNOR.
09/30/2011 Chaptered by Secretary of State. Chapter No. 372
NOTES: EHSD supports. Consistent with Platform. Sent support
letter 3/21
CA SB 373 AUTHOR: DeSaulnier [D]
TITLE: Retirement: Contra Costa County
SUMMARY:
Deletes the termination date of existing law that authorizes the Contra Costa
County Board of Supervisors to establish different retirement benefits for
different bargaining units of safety employees represented by the Contra Costa
County Deputy Sheriffs' Association, and the unrepresented groups of safety
employees in similar job classification and the supervisors and managers of
those employees, pursuant to a resolution making those provisions applicable to
the county.
STATUS:
07/07/2011 Signed by GOVERNOR.
07/08/2011 Chaptered by Secretary of State. Chapter No. 68
NOTES: Our sponsored bill. Signed by Governor!
Attachment B
1/6/2012 Page 6
CA SB 429 AUTHOR: DeSaulnier [D]
TITLE: Programs: After School Education and Safety: Grants
SUMMARY:
Provides that every school that establishes a before school program component
pursuant to the the After School Education and Safety Program, or establishes a
program with a before school program component pursuant to the program, is
eligible to receive a supplemental grant to operate the program in excess of 180
school days or during any combination of summer, intersession, or vacation
periods for a maximum of a specified percentage of the grant amount awarded.
Relates to revised program requirements.
STATUS:
10/08/2011 Signed by GOVERNOR. Chaptered by Secretary of State.
Chapter No. 626
NOTES: BOS supported 5/3/11. Sent support letter to Sen Approps.
CA SB 595 AUTHOR: Wolk [D]
TITLE: Tidelands and Submerged Lands: Removal of Vessels
SUMMARY:
Relates to the removal of vessel hazards. Removes the authority of the State
Lands Commission to remove and store a vessel removed from a public
waterway. Authorizes the commission to remove a vessel immediately and
without notice. Authorizes the commission to remove and dispose of a vessel
that has been placed on state lands without permission under certain
conditions. Relates to deeming such vessels as abandoned property. Requires
the funds from the sale be deposited in the General Fund.
STATUS:
10/08/2011 Signed by GOVERNOR. Chaptered by Secretary of State.
Chapter No. 595
NOTES: Sending letter of support. Consistent w Platform.
CA SB 695 AUTHOR: Hancock [D]
TITLE: Medi-Cal: County Juvenile Detention Facilities
SUMMARY:
Provides that Medi-Cal benefits may be provided to an individual awai ting
adjudication in a county juvenile detention facility if he or she is eligible to
receive benefits at the time he or she is admitted to the detention facility, or the
individual is subsequently determined to be eligible and the county agrees to
pay the state's share of expenditures and administrative costs for specified
benefits. Provides for the continuation of benefits. Suspends benefits if the
individual becomes an inmate.
STATUS:
10/09/2011 Signed by GOVERNOR. Chaptered by Secretary of State.
Chapter No. 647
NOTES: BOS supported on 6/28/11; Letter to Gov.
CA SB 930 AUTHOR: Evans [D]
TITLE: In-Home Supportive Services: Enrollment and
Fingerprint
SUMMARY:
Relates to the county administered In-Home Supportive Services enrollment
form. Requires local entities to send a copy of the criminal background check to
the Department of Social Services regarding an appealing applicant. Deletes
requirements pertaining to obtaining fingerprint images of IHSS recipients, and
Attachment B
1/6/2012 Page 7
the requirement that the provider timesheet include spaces for provider and
recipient fingerprints. Deletes requirements and prohibitions relating to the use
of a post office box address by a provider.
STATUS:
10/09/2011 Signed by GOVERNOR. Chaptered by Secretary of State.
Chapter No. 649
NOTES: BOS supported 5/3/11
CA SB 734 AUTHOR: DeSaulnier [D]
TITLE: State and Local Workforce Investment Boards:
Funding
SUMMARY:
Relates to the county administered In-Home Supportive Services enrollment
form. Requires local entities to send a copy of the criminal background check to
the Department of Social Services regarding an appealing applicant. Deletes
requirements pertaining to obtaining fingerprint images of IHSS recipients, and
the requirement that the provider timesheet include spaces for provider and
recipient fingerprints. Deletes requirements and prohibitions relating to the use
of a post office box address by a provider.
STATUS:
10/05/2011 Signed by GOVERNOR
NOTES: BOS Oppose Unless Amended 6/28/11
BILLS VETOED BY GOVERNOR
AB 455 (Campos-D) Pubic Employment – Local Public Employee (OPPOSE)
Provides that an employee who works in California for 7 or more days in a calendar year is
entitled to paid sick days. Prohibits an employer from discriminating against an employee who
requests paid sick days. Requires employers to satisfy posting and notice and recordkeeping
requirements. Authorizes the Labor Commissioner to impose administrative fines. Exempts
employees covered by a collective bargaining agreement that provides for paid sick days.
AB 1220 (Alejo-D) Land Use and Planning – Cause of Actions – Time Limits (OPPOSE)
Relates to actions or proceedings against local zoning and planning decisions of a legislative
body to encourage or facilitate the development of affordable housing. Authorized challenges
within five years after approval of a housing element even though public hearings were
conducted prior to adoption.
SB 834 (Wolk-D) Integrated Regional Water Management Plans (SUPPORT)
Requires an integrated regional water management plan to address specified water quality and
water supply matters and identify the manner in which the plan furthers a specified state policy
concerning reducing reliance on the Sacramento-San Joaquin Delta for water supply and
improving regional self-reliance for water, if the region depends on water for the watershed.
Requires integrated regional water management plans to incorporate that requirement. Relates to
plan funding.
Attachment B
1/6/2012 Page 8
BILLS TO BE CARRIED OVER INTO 2012
AB 296 (Skinner-D) Building Standards – Cool Pavement (SUPPORT)
Senate Appropriations Committee
Establishes the Cool Pavements Research and Implementation Act. Requires the Department of
Transportation to implement one or more cool pavement pilot projects, to submit a report to the
Legislature with an analysis of the various costs of pavement surfaces and the results of the
projects, and to make available on the Internet Web site a Cool Pavements Handbook. Requires
considering the incorporation of the specifications proposed in the handbook in the Green
Building Code.
AB 400 (Ma-D) Employment – Paid Sick Days (OPPOSE)
Assembly Appropriations Committee
Provides that an employee who works in California for 7 or more days in a calendar year is
entitled to paid sick days. Prohibits an employer from discriminating against an employee who
requests paid sick days. Requires employers to satisfy posting and notice and recordkeeping
requirements. Authorizes the Labor Commissioner to impose administrative fines. Exempts
employees covered by a collective bargaining agreement that provides for paid sick days.
AB 502 (Bonilla-D) Land Use – General Plan – Housing Element (SUPPORT)
Assembly Local Government Committee
Authorizes Contra Costa County and the City of Concord to establish the Concord Naval
Weapons Station Reuse Authority to plan for, finance, and manage the transition of the property
formerly known as the Concord Naval Weapons Station from military to civilian use.
AB 627 (Berryhill, B.-R) State Water Resources Development System – Delta (OPPOSE)
Assembly Appropriations Committee
Requires the Department of Water Resources undertake an expedited evaluation and feasibility
study with regard to the implementation of a specified Delta Corridors Plan as part of the State
Water Resources Development System. Requires an assessment of the incorporation of the Two-
Gates Fish Protection Demonstration Project managed by the United States Bureau of
Reclamation into the Plan.
AB 752 (Brownley-D) Tidelands and Submerged Lands – Sea Level Action (OPPOSE)
Senate Natural Resources and Water Committee
Specifies that the preparation of a sea level action plan for legislative granted public trust lands
shall be among the management priorities of a local trustee of granted public lands and requires
certain trustees to prepare sea level action plans. Requires the plan to include, among other
things, an assessment of the impact of sea level rise on granted public trust lands, an estimate of
the financial cost of this impact, and strategies to prevent or mitigate damage to development and
infrastructure. This is the second year this proposal sponsored by the State Lands Commission
has failed. The sponsor has rejected amendments to promise funding for the required studies,
and the County and the DCC have remained opposed.
AB 792 (Alejo-D) Health Care Coverage – Health Benefit Exchange (SUPPORT)
Senate Appropriations
Attachment B
1/6/2012 Page 9
Requires the disclosure of information on health care coverage through the Health Benefit
Exchange by health care service plans, health insurers, employers, or other entities, or upon the
filing of a petition for dissolution of marriage, nullity of marriage, legal separation, or adoption.
Requires health care service plans and insurers to, upon the failure to renew coverage, provide
information to the Exchange. Allows an individual whose information has been transferred to
discontinue the application.
AB 931 (Dickinson-D) Environment – CEQA Exemption (SUPPORT)
Senate Environmental Quality Committee
Amends CEQA. Relates to exempting infill housing projects in urbanized section of the
unincorporated area of a county, from meeting a community level environmental review.
Exempts residential units including projects that may be used for neighborhood-serving goods,
services, or retail uses to a level that does not exceed a specified percentage of the building
square footage. Authorizes the use of a sustainable communities environmental assessment or
modified environmental impact report for a transit proximity or employment priority project.
CSAC sponsored this bill at Contra Costa County’s request.
SB 34 (Simitian-D) Water Resources Investment Act of 2011 (SUPPORT IN CONCEPT)
Senate Appropriation Committee
Requires revenues and charges collected under the Water Resources Investment Program to be
deposited in the state Water Resources Investment Program Fund and and a number of regional
investment accounts within the fund. Requires money in the regional accounts be for water-
related projects and programs. Requires state account moneys be appropriated for specified
statewide water-related programs and the Delta plan, mercury contamination in the Sacrament-
San Joaquin Delta, and for related bond debt service.
SB 106 (Blakeslee-R) Special Elections (SUPPORT)
Senate Appropriations Committee
Provides that expenses authorized and necessarily incurred on or after January 1, 2009, and
before April 19, 2011, for elections proclaimed by the Governor to fill a vacancy in the office of
Senator or Member of the Assembly, or to fill a vacancy of Congressional members, shall be
paid by the state.
SB 141 (Price-D) Elections – Payment of Expenses (SUPPORT)
Senate Appropriations Committee
Provides that expenses authorized and necessarily incurred for elections proclaimed by the
Governor to fill a vacancy in the office of State Senator or Assembly Member, or to fill a
vacancy in the office of United States Senator or Representative in the Congress, are to be paid
by the state. Provides that the state shall pay only those additional expenses directly related to the
election proclaimed by the Governor when combined with a local election.
SB 394 (DeSaulnier-D) Health Schools Act of 2011 (SUPPORT)
Senate Appropriations Committee
Enacts the Healthy Schools Act of 2011. Requires all school sites to send at least one person to
Department of Pesticide Regulation training.
Attachment B
1/6/2012 Page 10
SB 662 (DeSaulnier-D) Public Services (SUPPORT)
Assembly Human Services Committee
Authorizes, contingent upon a specified finding, the Department of Finance and any county to
enter into a contract to authorize the county to integrate specified public services. Requires the
Legislature to ratify the contract by an enactment of a bill. Requires the county board of
supervisors to ratify the contract. Provides the term of the contract. Requires the county to report
to the department and the Legislature on the progress towards meeting the goals of the contract
by the 5th year.
SB 703 (Hernandez, E. –D) Health Care Coverage – Basic Health Program (SUPPORT)
Assembly Appropriations Committee
Establishes a Basic Health Program to be administered by the Managed Risk Medical Insurance
Board. Requires the board to enter into a contract with the federal government to implement the
program. Sets forth the duties relative to the eligibility, premiums, and the selection of health
plans. Permits enrollment beginning on a specified date. Creates a related trust fund subject to
appropriation. Provides funding sources. Authorizes General Fund loans for the initial start-up
expenses. Requires an evaluation.
SB 744 (Wyland-R) Water Submeters – Testing (OPPOSE)
Assembly Inactive File
Provides that any water submeter tested by equipment that is calibrated by tests traceable to
specified standards shall be deemed to be sealed and approved for commercial use, provided that
the submeter satisfies certain criteria. Provides that no submeter shall be considered to have been
put into service prior to its installation if the submeter is to be used in a multiunit residential
structure. Requires notification to the county sealer that a meter is placed in service. Provides for
a civil penalty.
SB 810 (Leno-D) Single-Payer Health Care Coverage (SUPPORT)
Senate Appropriations Committee
Establishes the State Healthcare System. Creates State Healthcare Agency. Makes all residents
eligible for specified health care benefits under the System, which would, on a single-payer
basis, negotiate for or set fees for health care services provided through the system and pay
claims for those services. Creates the Healthcare Policy Board.
BILLS THAT FAILED PASSAGE
AB 710 (Skinner-D) Local Planning (NEUTRAL AFTER AMENDMENT)
Failed Passage on Senate Floor
Prohibits a city or country from requiring a minimum parking standard greater than one parking
space per 1,000 square feet of nonresidential improvements and one parking space per unit of
residential improvements for any new development project in transit sensitive areas. This bill
was amended to allow existing projects to continue if a parking study had been completed, but
was opposed by many local jurisdictions.
Attachment B
1/6/2012 Page 11
Contra Costa County
Legislation Summary Report:
Delta-related Legislation
Numerous Delta-related bills were introduced in the Legislature in 2011. Some of them became
two-year bills, due to the ever-controversial nature of Delta issues and the difficulty of resolving
these issues. These bills will be taken up again in 2012, the second year of the current two-year
session.
Following is a summary of the Delta bills on which the Board of Supervisors adopted a position
in 2011.
Delta bills supported by the Board of Supervisors
AB 134 (Dickinson) – Signed into law by the Governor. The bill provides the Sacramento
Regional County Sanitation District with eligibility to sell its treated wastewater to downstream
water users, subject to receiving a permit by the state. The bill enables the Sacramento agency to
follow the example set by the Central Contra Costa Sanitary District and others, in selling some
of the wastewater they treat. Revenue will be used by the Sacramento agency to pay for
extensive improvements in its treatment facilities.
SB 34 (Simitian) – Became a two-year bill, in Senate Appropriations Committee; may be heard
in 2012. SB 34 creates an annual fee on water districts, with the funds going to a variety of
water-related infrastructure projects including levee improvements.
SB 595 (Wolk) -- Signed into law by the Governor. The bill strengthens the State Lands
Commission’s ability to remove abandoned vessels in waters under its jurisdiction, and quickens
the process.
SB 834 (Wolk) – Vetoed by the Governor. Would have required regions of California that depend
on Delta water to indicate how they will reduce their reliance on the Delta. The bill did not place
any performance measures or reporting requirements on the regions, so there were no teeth in it.
The Governor’s veto message indicated he vetoed the bill because it did not add to existing law.
Delta bills opposed by the Board of Supervisors
AB 576 (Dickinson) – Became a two-year bill, in Assembly Water, Parks and Wildlife
Committee; may be heard in 2012. AB 576 requires the Delta Stewardship Council to develop a
Delta financing plan, based on the “beneficiary pays” philosophy which holds that those who
benefit from Delta water projects should pay for them. While “beneficiary pays” is consistent
with the County’s adopted Delta Water Platform, the bill contained details that were inconsistent
with the County’s position.
AB 627 (Berryhill) – Died in Assembly Appropriations Committee. The bill would have
Attachment B
1/6/2012 Page 12
expedited a state study of two Delta water projects known as the Two-Gates Demonstration
Project and the Delta Corridors Plan. The County opposed both projects due to their potential
impacts on water quality and boater safety in the western Delta.
AB 752 (Brownley) – Died in Senate Natural Resources and Water Committee. The bill would
have required jurisdictions with public trust lands to perform studies and develop plans for
coping with sea-level rise. The bill did not provide funding for this substantial planning effort.
Although the County itself would not have been subject to the bill, the cities of Richmond,
Antioch and Oakley would have been subject to it.
Federal Delta bills opposed by the Delta Counties Coalition
The Delta Counties Coalition opposed two bills introduced in Congress by Central Valley
congressmen that would conflict with state and federal policies on water quality and
environmental protection, and provide Central Valley water districts with rights to more Delta
water. These bills conflict with the Contra Costa County Board of Supervisors’ adopted Delta
Water Platform. The bills were not forwarded to the Board by the Transportation, Water and
Infrastructure Committee (TWIC) because the Delta Counties Coalition already was aggressively
advocating against them in Washington on behalf of the five member counties. These two bills
are described below.
HR 1251 (Costa) – In House Committee on Natural Resources. The bill would remove recent
judicial restrictions on export pumping of water from the Delta, increase the export pumping, and
roll back water quality projections.
HR 1837 (Nunes) – In House Committee on Natural Resources, Subcommittee on Water and
Power. The bill would roll back portions of the Federal Clean Water Act and would change long-
standing water rights in California to provide more water rights to a specific group of Central
Valley water districts.
The Delta’s entire congressional delegation has expressed opposition to both bills and has
written letters to the bills’ authors expressing their concerns. The County’s federal legislative
advocate in Washington is monitoring any movement on these bills and will keep the County and
the Delta Counties Coalition advised.
Attachment B
1/9/2012 1
PROPOSED 2012 STATE LEGISLATIVE PLATFORM
CONTRA COSTA COUNTY
Each year, the Board of Supervisors adopts a State Legislative Platform that
establishes priorities and policy positions with regard to potential State legislation and
regulation. The State Legislative Platform includes County-sponsored bill proposals;
policy issues that provide direction and guidance for identification of bills which would
affect the services, programs or finances of Contra Costa County; and issues regarding
the State budget and state-local relationship.
COUNTY-SPONSORED BILLS
1. New Pension Tiers Legislation: The County is currently in negotiation with many
of its bargaining units regarding the development of new pension tiers, Tier IV and
Tier D (for Safety employees). The current Memorandum of Understanding for Local
21 and the Management Resolution both include provisions to close Tier III, Tier A,
and Tier C to all hired after December 31, 2012 and create Tier IV and Tier D, which
will be applicable to all hired after that date.
The County is seeking enabling legislation to amend the County Employees
Retirement Act of 1937 to enact this change and to allow Tier IV to apply to each
bargaining unit that agrees to implement the Tier. In addition, the County is also
presently negotiating with its safety-related bargaining units with the intention of
reaching agreement on the creation and adoption of Tier D1. As with Tier IV, Tier D
will apply to each bargaining unit that agrees to implement the Tier , and enabling
legislation is required to effectuate the new tier.
The County may also seek in legislation, as appropriate, additional general authority
for the County and its Unions to agree to different retirement benefits for future
employees for different bargaining units or subgroups, if approved in a Memorandum
of Understanding. In addition, the County may also seek, as appropriate, additional
general authority for the County and its Unions to agree that employees hired after
December 31, 2012 may pay part of the Employer’s retirement contributions, if
approved in a Memorandum of Understanding.
Rationale: By negotiating these retirement plan changes at the bargaining table,
Contra Costa County achieves local pension reform that saves money for County
taxpayers and helps the pension system, the Contra Costa County Employees
Retirement Association (CCCERA), stay sustainable for retirees. Legislation is
required to amend the County Employees Retirement Law of 1937 to enact these
changes.
1 On December 6, 2011, the Board of Supervisors adopted Resolution No. 2011/486 approving the MOU
with the Deputy Sheriffs' Association Management Unit and the MOU with the DSA, Rank and File Unit,
implementing an agreement for the period of July 1, 2008 through June 30, 2013.
Contra Costa County
Proposed 2012 Draft State Platform
Proposed 2012 Draft State Platform 2
2. Retain In Home Supportive Services (IHSS) Savings Through Targeted
Program Management: Contra Costa County IHSS believes it can save service
hours – and thereby costs – through an on-going Target Program Management. By
aiming to stay below the “natural growth rate” in hours of 3.2 – 7.5% per year (based
on history), Contra Costa County IHSS projects that it can achieve annual savings of
up to $2.0 million to the State General Fund during the next five years. Begin ning FY
2011-12, Contra Costa County requests that the State share any savings between
the projected “natural growth rate” in IHSS service hours and the actual service
hours achieved by the County each year, in a share ratio formula to be determined.
Savings retained by the County would be kept within the IHSS program, or possibly
applied to other endangered safety net programs for seniors – such as Adult Day
Health Care, Legal Services and community-based nutrition and transportation
programs. This framework is consistent with the State’s Realignment plan that
places greater autonomy at the local level. Additionally, the integration of several
service elements is in keeping with the overall national trend toward an integrated
model of care and community services.
Rationale: This proposal has been created in light of current and anticipated budget
challenges that are threatening the existence of IHSS, a California innovation and
one of its most successful human service programs. The premise of the proposal is
that it is critical to maintain the viability of IHSS, a safety net program that has a
proven track record as a cost-effective method for keeping seniors and adults with
disabilities in their own homes and out of expensive nursing homes. Equal to the
financial implication is the public service component: people who need in-home
services and their families have a high preference for independent living
arrangements over nursing home consignment.
LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES
Each year, issues emerge through the legislative process that are of importance to the
County and require advocacy efforts. For 2012, it is anticipated that critical issues
requiring legislative advocacy will include the following:
1. State Budget – A slow economic recovery continues to plague the state and hamper
the ability to fund core services. Baseline General Fund revenues for FY 2012-13 are
projected to total $89 billion, and are not expected to return to their 2007 ‐08 levels until
2014‐15. Further, there remain significant risks and uncertainty to the state’s fiscal
health, including ongoing debt obligations, pension liabilities, and uncertainties
associated with the continuing debate on addressing the federal budget deficit.
The budget deficit for 2012‐13 is estimated to be $9.2 billion, including a current year
deficit of $4.1 billion. To address the deficit, the Governor is proposing a combination of
spending reductions and temporary taxes (via ballot initiative) totaling $10.3 billion to
both balance the budget and establish a $1.1 billion reserve. The Governor also
Contra Costa County
Proposed 2012 Draft State Platform
Proposed 2012 Draft State Platform 3
proposes a new round of trigger cuts slated to take effect if his ballot initiative fails .
According to the most recent estimates from the Legislative Analyst’s Office (LAO), the
net effect of the lower projected revenues for 2011–12, the anticipated $2 billion in
trigger cuts, and the expected inability of the state to achieve about $1.2 billion of other
budget actions—as well as a few other minor changes—would leave the General Fund
with a $3 billion deficit at the end of 2011–12. In 2012–13, the state will face increased
costs due, in part, to the expiration of a number of temporary budget measures adopted
in recent years. Most notably, under the LAO’s forecast methodology (which does not
incorporate any effects from a possible November 2012 ballot measure concerning
taxes), General Fund Proposition 98 costs—as well as “settle–up” payments to
schools—are projected to rise by $6 billion in 2012–13. Moreover, in 2012–13, the state
must repay the $2 billion Proposition 1A property tax loan that was used to help balance
the budget in 2009. The LAO forecasts that the General Fund’s 2012 –13 operating
shortfall will be $9.8 billion. Accordingly, the LAO proje cts that the Legislature and the
Governor will need to address a $12.8 billion budget problem between now and the time
that the state adopts a 2012–13 budget plan.
The long-standing practice of state government has been to look to counties as a
means of balancing its budget. While opportunities to do so are more limited with the
passage of Proposition 1A, the magnitude of the deficit makes it certain the State will be
creative in their efforts to include counties as part of its budget balancing solution, likely
through additional program re-alignment and revenue reductions.
Of particular concern to counties is the inadequate reimbursement for our increasing
cost of operating several human services programs: the Human Services Funding
Deficit, formerly referred to as the “Cost of Doing Business.” The annual shortfall
between actual county expenses and State reimbursement has grown to over $1 billion
since 2001, creating a de facto cost shift to counties. The funding gap forces counties
to reduce services to vulnerable populations and/or divert scarce county resources from
other critical local services. It also increases the risk of State and Federal penalties.
2. Health Care – Counties have a high stake in California’s health reform efforts.
Counties serve as employers, payers, and providers of care to vulnerable populations.
Consequently, counties stand ready to actively participate in discussions of how to best
reform the health care system in California and implement the national health care
reform legislation passed in 2010.
3. Water and Levees /The Sacramento-San Joaquin Delta – The Legislature’s
passing of the Delta Reform Act (2009), a package of bills which established among
other things, co-equal goals for reliable water supply and ecosystem restoration for the
Delta, as well as the proposed Bay Delta Conservation Plan (BDCP)--an effort to
construct a massive peripheral canal/tunnel-- will require significant, large-scale change
to the Delta as we know it today. The scope and content of these changes and
continuing political battles between north and south over water will continue to dominate
legislative and administrative agendas in the coming year. Significant future impacts
upon the County in the areas of water quality and supply, levees, ecosystem,
Contra Costa County
Proposed 2012 Draft State Platform
Proposed 2012 Draft State Platform 4
governance and flood control are anticipated. Additionally, a water bond has been
proposed for the November 2012 ballot. Consideration should be given to the potential
for the County to sponsor Delta-related legislation through our legislative delegation.
The County may also work with the Delta Counties Coalition (DCC) to sponsor Delta -
related legislation. Particular areas of concern for 2012 include, but are not limited to,
impacts of Delta plans on local land use authority and expediting state bond funding for
levee improvement projects. The County’s adopted Delta Water Platform, as well as the
Strategic and Action Plans, are incorporated in this Platform by reference.
4. Constitutional Protections and Realignment Implementation–Since the 2011
Public Safety Realignment package passed in June 2011 without the constitutional
protections requested by counties, one of the central goals of counties is to support
efforts to achieve the constitutional protections that guarantee a dedicated on -going
revenue stream and include provisions protecting counties against future actions by the
Legislature, the courts, regulations or executive orders that increase county costs for
Realignment. Counties will also support efforts to ensure that the receipt of Local
Community Corrections Funds matches the amounts anticipated from the State, without
undue delay.
In addition, there are major realignment implementation issues that need to be
addressed and passed in the Legislature including the “super structure,” how to allocate
growth of revenue, and the transferability of funds between programs.
With regard to Public Safety realignment, the County will support efforts that facilitate
the smooth transition of prisoners and parolees at the county level. Counties are
currently receiving parolees whose latest crime fits the specified “non-violent, non-
serious, non-sex offender” (N3) definition, but who have a criminal background that
includes violent, serious and/or sexual crimes. Under the current legislation, the
person’s latest offense/crime determines if they meet the N3 criteria. However, counties
are receiving people who have a very violent background. Specifically, a change would
be requested to prevent those whose total criminal background does not meet the N3
criteria. These individuals should stay under the responsibility of the State.
The County will also support efforts to alter the present formula for the allocation of
funds to counties, which favors those counties that currently incarcerate a greater
percentage of the local population due to local sentencing practices, fewer crimes
outside the non-violent, non-serious, non-sexual criteria, and a lesser commitment to
alternative sentencing and diversion programs. The County will also support efforts to
provide additional funding/grants to those counties that have a commitment to lowering
the crime rate and reducing recidivism through the provision of innovative,
comprehensive, evidence-based programs for offender populations and their families.
Any future proposals to realign programs to counties must have constitutionally
guaranteed ongoing funding and protections. The County will oppose any proposals
that will transfer additional program responsibility to counties without funding and
protections.
Formatted: Highlight
Contra Costa County
Proposed 2012 Draft State Platform
Proposed 2012 Draft State Platform 5
STATE PLATFORM POLICY POSITIONS
A brief background statement accompanies policy positions that are not self-evident.
Explanatory notes are included either as the preface to an issue area or following a specific
policy position. Please note that new and revised policy positions are highlighted and in italics.
The rationale for the policy position is italicized.
Agricultural Issues
1. SUPPORT efforts to ensure sufficient State funding for pest and disease control
and eradication efforts to protect both agriculture and the native environment,
including glassy-winged sharpshooter, light brown apple moth, and Japanese
dodder activities; high risk pest exclusion activities; pesticide regulatory and law
enforcement activities; and noxious weed pest management. Agriculture is an
important industry in Contra Costa County. Protection of this industry from pests
and diseases is important for its continued viability.
2. SUPPORT continued appropriations for regulation and research on sudden oak
death, a fungal disease affecting many species of trees and shrubs in native oak
woodlands. The County’s natural environment is being threatened by this
disease.
3. SUPPORT funding for agricultural land conservation programs and agricultural
enterprise programs to protect and enhance the viability of local agriculture. The
growth in East County and elsewhere has put significant pressure on agricultural
lands, yet agriculture is important not only for its production of fresh fruits,
vegetables and livestock, but also as a source of open space.
4. SUPPORT legislation to establish legal authority where needed to facilitate the
efforts by the California Department of Food and Agriculture and the Department
of Boating and Waterways to survey and treat all incipient infestation s of the
South American spongeplant and a continued long-term effort to rid the Delta of
this and other invasive species. Invasive aquatic species are a threat to
agriculture, the environment and recreation in the Delta.
Animal Services Issues
5. SUPPORT efforts to protect local revenue sources designated for use by the
Animal Services Department; i.e., animal licensing, fines and fees. Fines, fees,
and licensing are major sources of revenue for the Animal Services Department.
The demand for animal services is increasing each year as does the demand on
the General Fund. It is important to protect these revenue sources to continue to
provide quality animal service and to meet local needs.
Contra Costa County
Proposed 2012 Draft State Platform
Proposed 2012 Draft State Platform 6
6. SUPPORT efforts to protect or increase local control and flexibility over the
scope and level of animal services. Local control over the scope of animal
services is necessary to efficiently address public safety and other community
concerns. Local control affords jurisdictions the ability to tailor animal service
programs to fit their communities. Animal related issues in dense urban areas
vary from those in small, affluent communities.
7. SUPPORT efforts to protect against unfunded mandates in animal services or
mandates that are not accompanied by specific revenue sources which
completely offset the costs of the new mandates, both when adopted and in
future years. Unfunded mandates drain our limited fiscal resources and, at the
same time, chip away at local control over the scope and level of services.
8. SUPPORT efforts to ensure full funding of State animal services mandates,
including defense of the Department of Finance’s lawsuit against the State
Commission on Mandates regarding the State obligations for reimbursement of
local costs for animal services incurred in compliance with SB 1785. The County
invested large sums of money to comply with SB 1785, with the assurance that
our cost would be offset by reimbursements from the State. Failure by the State
to honor the reimbursements negatively impacts the County General Fund and
Animal Services’ budget.
9. SUPPORT efforts to protect and/or increase County flexibility to provide animal
services consistent with local needs and priorities. The demand for quality
animal service programming continues to increase each year. The County is
experiencing population growth and changing demographics. It is incumbent
upon the Animal Services Department to be flexible enough to adjust to the
changing needs and priorities.
10. SUPPORT efforts to preserve the integrity of existing County p olicy relating to
Animal Services (e.g., the Animal Control Ordinance and land use requirements).
Contra Costa is looked upon as one of the model Animal Services Departments
in the state. Its policies, procedures, and ordinances are the yardstick against
which other Animal Control organizations are measured. The local control
exercised by the Board of Supervisors is key to that hallmark.
Child Support Services Issues
11. SUPPORT the establishment of a statewide electronic registry for the creation
and release/satisfaction of liens placed on property of a non-custodial parent as
necessary to collect delinquent child support payments. California law currently
provides that recording an abstract or notice of support judgment with a County
Recorder creates a lien on real property. This requires recording the judgment in
each of the 58 counties in order not to miss a property transaction. An electronic
registry would simplify not only the creation of liens but also the
release/satisfaction of liens because there would be a single statewide point of
Contra Costa County
Proposed 2012 Draft State Platform
Proposed 2012 Draft State Platform 7
contact, and the entire process would be handled electronically through
automated means.
12. SUPPORT amendment of current law that states that documents completed and
recorded by a local child support agency may be recorded without
acknowledgement (notarization) to clarify that the exception is for documents
completed or recorded by a local child support agency. This amendment clarifies
that documents that are prepared by the local child support agency and then sent
for recording either by the local child support agency or by the obligor (non-
custodial parent) or by a title insurance company are covered by the exemption,
a technical point not acknowledged by all county recorder offices.
13. SUPPORT efforts to simplify the court process for modifying child support orders
by the court by requiring court appearances only when one of the parties objects
to the modification. Currently, establishment of parentage and support by the
court is permitted without court appearance if b oth parties are in agreement. A
similar process for modification would reduce court time, the workload of all
involved agencies and parties, and streamline the process.
14. SUPPORT efforts to ensure that the reduction caused by the federal Deficit
Reduction Act of 2005 to the California Department of Child Support Services is
not passed down as a reduction to the local program. The Act places a
restriction on the ability of states to use incentive funds as the state match to
draw additional federal funds. In previous years, California used its $30 million in
federal funds in child support programs.
15. SUPPORT efforts that would require the Department of Child Support Services to
provide any notice form, information, or document that is required or authorized
to be given, distributed, or provided to an individual, a customer, or a member of
the public to be given, distributed, or provided in a digitized form, and by any
means the Department determines is feasible, including, but not limited to, e-mail
or by means of a web site.
Climate Change Issues
16. SUPPORT the CSAC Climate Change Policy Statements and Principles which
address a broad range of issues affected by climate change, including water, air
quality, agriculture, forestry, land use, solid waste, energy and health. The
document is largely based on existing CSAC policy and adapted to climate
change. Additionally, the document contains a set of general principles which
establish local government as a vital partner in the climate change issue and
maintain that counties should be an active participant in the discussions in the
development of greenhouse gas reduction strategies underway at the state and
regional level.
Contra Costa County
Proposed 2012 Draft State Platform
Proposed 2012 Draft State Platform 8
17. SUPPORT efforts to ensure that the implementation of AB 32 results in harmony
among the greenhouse gas reduction target created by the Air Resources Board
for each regional/local agency, the housing needs numbers provided by the state
Department of Housing and Community Development pursuant to housing
element law, the Sustainable Communities Strategy, and the Regional
Transportation Plan processes.
Elections Issues
18. SUPPORT legislation to adjust precinct sizing from 1,000 voters per precinct to
1,250 voters per precinct. With the option of being able to have up to 1,250
voters per precinct, the best polling locations in a neighborhood can be selected,
and that same site is more likely to be used for several elections, thus avoiding
the need to change poll sites for voters.
19. SUPPORT full state reimbursement for state mandates imposed upon local
registrars by the Secretary of State, including special state elections. The state
has committed to reimburse Counties for the cost of certain state mandates.
That reimbursement process, SB 90, can be lengthy and contentious. The SB 90
process is also subject to uncertainties including partial payments, delayed
payments, and now, suspended or no payments. In lieu of the SB 90 process for
Elections, there is merit in the examination of having the state pay its pro-rata
share of costs when state candidates/measures are on the ballot.
20. SUPPORT legislation that would add provisions to the state Elections Code that
would allow special elections to fill a vacancy in a congressional or legislative
district to be conducted by all mailed ballots at the county’s discretion.
Emergency Preparedness, Emergency Response
21. SUPPORT legislation that would give local agencies more authority to train
volunteers and help clean-up oil spills without taking on additional legal liability.
22. SUPPORT legislation that would require the state’s Oil Spill Prevention and
Response Agency to improve communication and clean-up technology, increase
safety standards for ships and establish special protections for ecologically
sensitive areas.
23. SUPPORT legislation that would require responses to future oil spills in a shorter
timeframe, with a more regional approach.
24. SUPPORT measures that enable counties and other local agencies to better
exercise their responsibilities to plan for and respond to emergencies and
disasters without taking on additional legal liability and oppose those that do not
recognize or support the county and local agency role in the State’s Standardized
Emergency Management System.
Contra Costa County
Proposed 2012 Draft State Platform
Proposed 2012 Draft State Platform 9
25. SUPPORT legislation or other measures requiring the creation of emergency
rock stockpiles suitable for levee repair throughout the Delta, enabling
increasingly efficient and less costly prevention of levee breaks and
enhancement of initial response capabilities.
Eminent Domain Issues
26. SUPPORT legislation that maintains the distinction in the California Constitution
between Section 19, Article I, which establishes the law for eminent domain, and
Section 7, Article XI, which establishes the law for legislative and administrative
action to protect the public health, safety, and welfare.
27. SUPPORT legislation that would provide a comprehensive and exclusive basis in
the California Constitution to compensate property owners when property is
taken or damaged by state or local governments, without affecting legislative and
administrative actions taken to protect the public health, safety, and welfare.
Flood Control and Clean Water Issues
28. SUPPORT authorization for regional approaches to comply with aquatic pesticide
permit issues under the purview of the State Water Resources Control Board.
Contra Costa County entered into an agreement with a neighboring county and
several cities to share the costs of monitoring. While it makes sense for local
government to pool resources to save money, State Board regulations make
regional monitoring infeasible.
29. SUPPORT efforts to provide local agencies with more flexibility and options to
fund clean water programs. Stormwater requirements issued by the Regional
Water Quality Control Boards are becoming more and more expensive, yet there
is no funding. Stormwater should be structured like a utility with the ability to set
rates similar to the other two key water services: drinking water and wastewater.
30. SUPPORT efforts to provide immunity to local public agencies for any liability for
their clean-up of contaminations on private lands. This will be more critical as the
Regional Water Quality Control Boards institute Total Maximum Daily Loads,
which establish a maximum allowable amount of a pollutant (like mercury) in the
stormwater from a watershed.
General Revenues/Finance Issues
As a political subdivision of the State, many of Contra Costa County’s services and programs
are the result of state statute and regulation. The State also provides a substantial portion of
the County’s revenues. However, the State has often used its authority to shift costs to counties
and to generally put counties in the difficult position of trying to meet local service needs with
inadequate resources. While Proposition 1A provided some protections for counties, vigilance
is necessary to protect the fiscal integrity of the County.
Contra Costa County
Proposed 2012 Draft State Platform
Proposed 2012 Draft State Platform 10
31. SUPPORT the State's effort to balance its budget through actions that do not
adversely affect County revenues, services or ability to carry out its governmental
responsibilities.
32. OPPOSE any state-imposed redistribution, reduction or use restriction on
general purpose revenue, sales taxes or property taxes unless financially
beneficial to the County. (Note that a redistribution of sales and property tax may
be beneficial to Contra Costa County in the event that sales tax growth continues
to lag behind property tax growth.) This policy includes opposition to the shift of
additional redevelopment property tax increment revenues (beyond what was
shifted in ABx1-17) to the Educational Revenue Augmentation Fund (ERAF).
33. OPPOSE efforts to limit local authority over transient occupancy taxes (TOT).
34. OPPOSE any efforts to increase the County's share-of-cost, maintenance-of-
effort requirements or other financing responsibility for State mandated programs
absent new revenues sufficient to meet current and future program needs.
35. SUPPORT efforts to ensure that Contra Costa County receives its fair share of
State allocations, including mental health funding under Proposition 63 and pass -
through of federal funds for anti-terrorism and homeland security measures. The
State utilizes a variety of methods to allocate funds among counties, at times
detrimental to Contra Costa County.
36. SUPPORT efforts to receive reimbursement for local tax revenues lost pursuant
to sales and property tax exemptions approved by the Legislature and the State
Board of Equalization.
37. SUPPORT continued efforts to reform the state/local relationship in a way that
makes both fiscal and programmatic sense for local government and conforms to
the adopted 2010 CSAC Realignment Principles, with an emphasis on maximum
flexibility for counties to manage the existing and realigned discretionary
programs.
38. SUPPORT efforts to relieve California of the federal Child Support penalties
without shifting the cost of the penalties to the counties.
39. SUPPORT a reduction in the 2/3 vote requirement for special taxes that fund a
comprehensive community plan developed by the county, cities and school
districts that improve health, education and economic outcomes and reduce
crime and poverty.
40. SUPPORT efforts to authorize counties to impose forfeitures for violations of
ordinances, as currently authorized for cities. This would provide the County with
the opportunity to require deposits to assure compliance with specific ordinance
Contra Costa County
Proposed 2012 Draft State Platform
Proposed 2012 Draft State Platform 11
requirements as well as retain the deposit if the ordinance requirements are not
met. Currently, the County is limited to imposing fines which are limited to only
$100 - $200 for the first violation, which has proven to be an ineffective deterrent
in some cases.
41. SUPPORT efforts to redefine the circumstances under which commercial and
industrial property is reassessed to reduce the growing imbalance between the
share of overall property tax paid by residential property owners versus
commercial/industrial owners.
42. SUPPORT efforts to reduce County costs for Workers’ Compensation, including
the ability to control excessive medical utilization and litigation. Workers’
Compensation costs are significant, diverting funds that could be utilized for
County services. Workers’ Compensation should provide a safety net for injured
employees, for a reasonable period of time, and not provide an incentive for
employees to claim more time than medically necessary.
43. SUPPORT state actions that maximize Federal and State revenues for county-
run services and programs.
44. SUPPORT legislative compliance with both the intent and language of
Proposition 1A and Proposition 22 (on an issue-by-issue basis).
45. SUPPORT full State funding of all statewide special elections, including recall
elections.
46. OPPOSE efforts of the State to avoid state mandate claims through the practice
of repealing the statues, then re-enacting them. In 2005, the State Legislature
repealed sections of the Brown Act that were subject to mandate claims, then re-
enacted the same language pursuant to a voter-approval initiative, and therefore,
not subject to mandate claims.
47. SUPPORT strong Public Utilities Commission (PUC) oversight of state-
franchised providers of cable and telecommunications services, including
rigorous review of financial reports and protection of consumer interests. AB
2987 (Núñez), Chapter 700, statutes of 2006 transferred regulatory oversight
authority from local government to the PUC.
48. SUPPORT timely, full payments to counties by the State for programs operated
on their behalf or by mandate. The State currently owes counties over $1 billion
in State General Funds for social services program costs dating back to FY
2002-03.
49. SUPPORT full State participation in funding the County’s retiree and retiree
health care unfunded liability. Counties perform most of their services on behalf
of the State and Federal governments. Funding of retiree costs should be the
Formatted: Highlight
Contra Costa County
Proposed 2012 Draft State Platform
Proposed 2012 Draft State Platform 12
responsibility of the State, to the same extent that the State is responsible for
operational costs.
50. SUPPORT legislation that provides constitutional protections and guaranteed
funding to counties under Realignment.
Health Care Issues
Counties remain concerned about any health care reform that could transfer responsibility to
counties, without commensurate financing structures or in a manner not compatible with the
County’s system. Counties support a concept of universal health coverage for all Californians.
Toward that end, counties urge the state to enact a system of health coverage and care delivery
that builds upon the strengths of the current systems in our state, including county-operated
systems serving vulnerable populations.
Currently, California has a complex array of existing coverage and delivery systems that serve
many, but not all, Californians. Moving this array of systems into a universal coverage
framework is a complex undertaking that requires sound analysis, thoughtful and deliberative
planning, and a multi-year implementation process. As California moves forward with health
care reform, counties urge the State to prevent reform efforts from exacerbating problems with
existing service and funding. The State must also consider the differences across California
counties and the impacts of reform efforts on the network of safety-net providers, including
county providers. The end result of health reform must provide a strengthened health care
delivery system for all Californians, including those served by the safety net.
51. SUPPORT State action to increase access and affordability. Access to care and
affordability of care are critical components of any health reform plan. Expanding
eligibility for existing programs will not provide access to care in significant areas
of the state. Important improvements to our current programs, including Medi-
Cal, must be made either prior to, or in concert with, a coverage expansion in
order to ensure access. Coverage must be affordable for all Californians to
access care.
52. SUPPORT Medi-Cal reimbursement rate increases to incentivize providers to
participate in the program.
53. SUPPORT administrative streamlining of Medi-Cal, including elimination of the
asset test and semi-annual reporting and changes to income verification.
California should look to other states for ideas to reduce administrative costs,
such as allowing all children born into Medi-Cal to remain on the program until
age 21.
54. SUPPORT actions that address provider shortages (including physicians,
particularly specialists, and nurses). Innovative programs, such as loan
forgiveness programs, should be expanded. In an effort to recruit physicians from
other states, the licensing and reciprocity requirements should be re-examined.
Steps should be taken to reduce the amount of time it takes to obtain a Medi-Cal
provider number (currently six to nine months).
Contra Costa County
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55. SUPPORT efforts that implement comprehensive systems of care, including case
management, for frequent users of emergency care and those with chronic
diseases and/or dual diagnoses. Approaches could be modeled after current
programs in place in safety net systems.
56. SUPPORT efforts that provide sufficient time for detailed data gathering of
current safety funding in the system and the impact of any redirection of funds on
remaining county responsibilities. The interconnectedness of county indigent
health funding to public health, correctional health, mental health, alcohol and
drug services and social services must be fully understood and accounted for in
order to protect, and enhance as appropriate, funding for these related services.
57. OPPOSE safety net funding transfers until an analysis of who would remain
uninsured (e.g. medically indigent adults, including citizens, who cannot
document citizenship under current Medicaid eligibility rules) is completed in
order to adequately fund services for these populations.
58. SUPPORT efforts to clearly define and adequately fund remaining county
responsibilities.
59. SUPPORT State action to provide an analysis of current health care
infrastructure (facilities and providers), including current safety net facilities
across the state, to ensure that there are adequate providers and health care
facilities, and that they can remain viable after health reform.
60. SUPPORT efforts to provide adequate financing for reforms to succeed.
61. SUPPORT measures that maximize Federal reimbursement from Medicaid and
S-CHIP.
62. SUPPORT State action to complete actuarial studies on the costs of transferring
indigent populations, who currently receive mostly episodic care, to a coverage
model to ensure that there is adequate funding in the model.
63. SUPPORT efforts that ensure that safety net health care facilities remain viable
during the transition period and be supported afterwards based on analyses of
the changing health market and of the remaining safety net population.
64. SUPPORT State action to implement the 2010 Medi-Cal waiver in a manner that
maximizes the drawdown of federal funds for services and facilities, provides
flexibility, and ensures that counties receive their fair share of funding.
65. SUPPORT efforts to increase revenues and to contain mandated costs in the
County's hospital and clinics system.
Contra Costa County
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66. SUPPORT efforts to increase the availability of health care to the uninsured in
California, whether employed or not.
67. SUPPORT legislation that improves the quality of health care, whether through
the use of technology, innovative delivery models or combining and better
accessing various streams of revenue, including but not limited to acute and long
term care integration.
68. SUPPORT legislation to protect safety net providers, both public and private.
Legislation should focus on stabilizing Medi-Cal rates and delivery modes and
should advocate that these actions are essential to the success of any effort to
improve access and make health care more affordable.
Currently there is no planned or organized system of care for young people and their families in
need of alcohol and drug treatment services. Moreover there is a vast disparity between
treatment need and treatment capacity for adolescents. Relative to the need and demand for
this service, this is an area of the State's health care system that has been largely ignored.
69. SUPPORT State efforts to increase the scope of benefits and reimbursement
rates contained in Minor Consent Medi-Cal to give youth suffering from
substance abuse disorders access to a continuum of care, including residential
and one-on-one outpatient treatment.
70. SUPPORT efforts to give incentives to providers to establish more youth-driven
treatment facilities within the community.
71. SUPPORT efforts to extend Minor Consent Medi-Cal Coverage to incarcerated
youths, many of whom are in custody due to drug related crimes. This could
greatly decrease recidivism in the juvenile justice system.
72. SUPPORT county efforts in the promotion of partnerships that provide integrated
responses to the needs of alcohol and drug populations, including criminal
justice, perinatal and youth as well as those populations with co -occurring
disorders.
73. SUPPORT and encourage the development of strategies that include alcohol and
drug services in the provision of all culturally appropriate health care services.
74. SUPPORT the development and institutionalization of a tracking system for use
on utilization and notification of Healthy Family substance abuse benefits for
youths enrolled under California’s Health Family program. Like other youth in
California, youth in Contra Costa County, are the most underserved population in
the County’s Alcohol and Other Drug (AOD) Services’ caseloads. The Healthy
Family initiative holds great potential as a funding source to address this major
deficit in our AOD treatment services.
Contra Costa County
Proposed 2012 Draft State Platform
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75. SUPPORT efforts to require coverage of medically necessary alcohol and
substance abuse related disorder treatment on the same levels as other medical
conditions in health care service plans and disability insurance policies. Alcohol
and drug treatment services are the most under-funded of all health services.
Neither the state nor the federal allocations to the County covers medical
treatment for AOD services, and so are a cost borne by the County.
Human Services Issues
76. SUPPORT efforts to increase County flexibility in use of CalWORKs funds and in
program requirements in order to better support the transition of welfare
dependent families from welfare-to-work and self-sufficiency, including, but not
limited to: extending supportive services beyond the current limit; enhancing
supportive services; increasing diversion and early intervention to obviate the
need for aid; developing a state earned income tax credit; expanding job
retention services; developing an eligibility definition to 250% of the poverty level;
and exempting the hard-to-serve from welfare-to-work activities and the 20%
exemption or providing flexibility in the time limit (dependent upon terms and
conditions of TANF reauthorization). Support efforts to align CalWORKs property
and asset limitations with those of Food Stamps. All of these measures would
make it easier for CalWORKs families to enter employment services, become
employed, and continue with the support they need in order to maintain their
jobs.
77. SUPPORT efforts to revise the definition of “homelessness” in the Welfare &
Institutions Codes to include families who have received eviction notices due to a
verified financial hardship, thus allowing early intervention assistance for
CalWORKs families. Current law prevents CalWORKs from providing homeless
assistance until the CalWORKs family is actually “on the street.” This rule
change would enable the County to work with CalWORKs families who are being
threatened with homelessness to prevent the eviction and, presumably, better
maintain the parents’ employment status.
78. SUPPORT efforts to ensure funding of child care for CalWORKs and former
CalWORKs families at levels sufficient to meet demand. The State of California
has not fully funded the cost of child care for the “working poor.” Additional
funding would allow more CalWORKs and post-CalWORKs families to become
and/or stay employed.
79. SUPPORT efforts to establish an “umbrella code” for the reporting of incidents of
elder abuse to the Department of Justice, thus more accurately recording the
incidence of abuse. Current reporting policies within California’s law
enforcement community and social services departments are uncoordinated in
regards to the reporting of adult abuse. Under an “umbrella code,” law
enforcement agencies and social services departments would uniformly report
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incidents of elder abuse and California would have much better data for policy
and budget development purposes.
80. SUPPORT efforts that seek to identify and eliminate elder financial abuse and
elder exposure to crime that may be committed through conservatorships,
powers of attorney, notaries and others who have the right to control elder
assets..
81. SUPPORT efforts to effectively manage the In Home Supportive Services (IHSS)
to establish and maintain cost control mechanisms while delivering quality,
targeted services and maintaining program integrity. Efforts include, but are not
limited to, establishing an IHSS Volunteer Coordination component coupled with
the rebalancing of available hours. Retired volunteer social workers and
registered nurses could act as local Care Coordinators, enabling IHSS Social
Workers to increase their capacity to perform more timely reassessments that
would enable the management of available hours and target services to those
clients most in need and at risk of institutionalization .
82. SUPPORT efforts to eliminate the finger-imaging requirement for adult food
stamp applicants, recognizing the fraud deterrent aspects of the Electronic
Benefits Transfer System. Elimination of the finger-imaging requirement, which
was originally implemented as a fraud control measure in the old welfare
programs, is viewed by many as an unnecessary or duplicate process. The
current electronic benefits transfer system combined with program eligibility
processes provides more fraud prevention/detection than does finger-imaging.
83. SUPPORT efforts to allow phone-in Food Stamp Eligibility Redeterminations as a
more cost effective benefit reassessment process. As counties such as Contra
Costa change their business models to utilize centralized service centers, some
of the antiquated process rules and requirements also need to be changed, to
allow cost efficient practices. Changing the rules to allow phone-ins for Eligibility
Redeterminations is one example.
84. SUPPORT efforts to continue expansion of Child Welfare Redesign Program
Improvements including: use of Federal IV-E funding for pre-placement,
prevention activities; development of caretaker recruitment and retention
campaigns; extension of Independent Living Skill services to age 21; and,
funding to implement Children’s Child Welfare Workload Study Results, SB 2030.
Changes in these areas would enable counties to better meet their performance
accountability goals, as required under Federal and State statutes.
85. SUPPORT efforts to allow Medi-Cal clients transportation access to medical care
via the most efficient transportation mode possible instead of the very costly
ambulance transportation that is currently prevalent. California is currently
limited to the types of non-emergency medical transportation for reimbursement
by Medi-Cal. However, the federal Medicaid program allows other much less
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costly forms of transportation to be used. Other states use this more permissive
definition of approved non-emergency medical transportation to encourage
Medicaid clients to receive preventative care and reduce the incidence of last-
resort ambulance transportation to hospital emergency rooms for primary care.
86. OPPOSE any legislation that increases tobacco taxes but does not contain
language to replace any funds lost to The California Children and Families
Act/Trust Fund for local services as currently funded by tobacco taxes, Prop 10 in
1998 and Prop 99.
87. OPPOSE legislation, rules, regulations or policies that restrict or affect the
amount of funds available to, or the local autonomy of, First 5 Commissions to
allocate their funds in accordance with local needs.
88. SUPPORT efforts to restore funding in the amount of $80 Million for the Child
Welfare Services Program that was line-item vetoed by Governor
Schwarzenegger in the State’s FY 2009-10 and FY 2010-11 budgets, as these
reductions have a direct impact on local child protective services and the lives of
children.
89. SUPPORT efforts by the Contra Costa County’s executive directors and program
administrators of all Child Care and Development Programs to restore state
budget allocations to the FY 2009-10 levels for the California State Preschool
Program (CSPP), California Center-Based General Child Care Program (CCTR),
CalWORKs Stage 2 (C2AP), CalWORKs Stage 3 (C3AP), Alternate Payment
Program (CAPP), Child Care and Development Grant and the Child Care
Retention Program (AB 212).
Indian Gaming Issues
Contra Costa County is currently home to the Lytton Band of the Pomo Indians’ Casino in San
Pablo, a Class II gaming facility. There is also a proposal for an additional casino in North
Richmond. Local governments have limited authority in determining whether or not such
facilities should be sited in their jurisdiction; the terms and conditions under which the facilities
will operate; and what, if any, mitigation will be paid to offset the cost of increased services and
lost revenues. Contra Costa County has been active in working with CSAC and others to
address these issues, as well as the need for funding for participation in the Federal and State
review processes and for mitigation for the existing Class II casino.
90. SUPPORT efforts to ensure that counties who have existing or proposed Class II
Indian gaming facilities receive the Special Distribution Funds.
91. CONSIDER, on a case by case basis, whether or not to SUPPORT or OPPOSE
Indian gaming facilities in Contra Costa County, and only SUPPORT facilities
that are unique in nature and can demonstrate significant community benefits
above and beyond the costs associated with mitigating community impacts .
Contra Costa County
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92. OPPOSE the expansion or approval of Class III gaming machines at the existing
gaming facility in Contra Costa County unless it can be demonstrated that there
would be significant community benefits above and beyond the costs associated
with mitigating community impacts.
93. SUPPORT State authority to tighten up the definition of a Class II machine.
94. SUPPORT State legislative and administration actions consistent with the CSAC
policy documents on development on Indian Lands and Compact negotiations for
Indian gaming.
Land Use/Community Development Issues
95. SUPPORT efforts to promote economic incentives for "smart growth," including
in-fill and transit-oriented development. Balancing the need for housing and
economic growth with the urban limit line requirements of Measure J (2004) will
rely on maximum utilization of “smart growth” principles.
96. SUPPORT efforts to increase the supply of affordable housing, including, but not
limited to, state issuance of private activity bonds, affordable and low income
housing bond measures, low-income housing tax credits and state infrastructure
financing. This position supports Goals 2, 3 and 4 of the County General Plan
Housing Element.
97. SUPPORT establishment of a CEQA exemption for affordable housing financing.
Current law provides a statutory exemption from CEQA to state agencies for
financing of affordable housing (Section 21080.10(b) of the California Public
Resources Code and Section 15267 of the CEQA Guidelines)—but not to local
agencies. The current exemption for state agencies is only operational if a
CEQA review process has been completed by another agency (e.g., by the land
use permitting agency). Since the act of financing does not change the
environmental setting, the net effect of the exemption is streamlining the process
for providing financial assistance for already approved projects. AB 2518
(Houston) in 2006 was a Contra Costa County-sponsored bill to accomplish this,
but it was not successful in the Legislature.
98. SUPPORT efforts to obtain a CEQA exemption or to utilize CEQA streamlining
provisions for infill development in unincorporated areas. Section 15332 of the
CEQA Guidelines is a Categorical Exemption for infill development projects but
only within cities. The exemption should also include urbanized unincorporated
areas. The proposal would affect the County’s affordable housing, revitalization,
and redevelopment programs in all unincorporated urbanized areas of the
County. Without the exemption, housing projects in the unincorporated areas are
subject to a more time-consuming and costly process in order to comply with the
CEQA guidelines than that which is required of cities, despite having similar
housing obligations. Regarding CEQA streamlining, SB 226 (Simitian) limits the
Contra Costa County
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provisions to cities and unincorporated islands. There may be good infill projects
that should qualify for the SB 226 streamlining but do not simply because they
are in a county but not an incorporated island.
99. SUPPORT efforts to reform State housing element law to promote the actual
production and preservation of affordable housing and to focus less on process
and paper compliance.
100. OPPOSE efforts to limit the County’s ability to exercise local land use authority.
101. SUPPORT increased flexibility in the use of Redevelopment set-aside funds for
low and moderate income housing. Such flexibility would encourage creative use
of these funds, resulting in higher overall production of units . This issue was
partly addressed by SB 450 (Lowenthal), which was vetoed by the Governor in
2011 and will likely be reintroduced in some form.
102.101. SUPPORT efforts to reduce the fiscalization of land use decision-making
by local government, which favors retail uses over other job-creating uses and
housing. Reducing incentives for inappropriate land use decisions, particularly
those that negatively affect neighboring jurisdictions, could result in more rational
and harmonious land use.
103. SUPPORT allocations, appropriations, and policies that support and leverage the
benefits of approved Natural Community Conservation Plans (NCCPs), such as
the East Contra Costa County NCCP. Support the granting of approximately $20
million to the East Contra Costa County NCCP from the $90 million allocation for
NCCPs in Proposition 84. Support the position that NCCPs are an effective
strategy for addressing the impacts of climate change and encourage appropriate
recognition of the NCCP tool in implementation of climate change legislation
such as SB 375 and AB 32. Promote effective implementation of NCCPs as a
top priority for the Department of Fish and Game.
104. SUPPORT legislation to eliminate conflicting provisions in the state’s Voluntary
Alternative Redevelopment Program and to prescribe a schedule of reductions in
the community remittance payments to schools when an agency issues bonds for
the purpose of funding projects that advance the achievement of statewide goals.
Health and Safety Code Section 34194(c)(2)(C) declares the Legislature’s intent
to develop such legislation.
102.
103. If the Supreme Court invalidates the Redevelopment Restructuring Acts of 2011,
SUPPORT reform of the existing redevelopment process, as appropriate to
consider as part of a budget solution, that represents compromise among all
stakeholders with an interest in blight removal and an interest in State and local
agency budgets. Furthermore, all stakeholders should be at the table discussing
the State and local budget solutions. Specifically, SUPPORT legislation that
would give local agencies specific tools for economic development purposes in
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order to enhance job opportunities, with emphasis on attracting and retaining
businesses, and promote smart growth and affordable housing development.
105.
106.104. OPPOSE legislation that would create substantial uncertainty over the tax
allocation bonds issued by redevelopment agencies and possible negative credit
impact.
107. SUPPORT legislation that would give redevelopment agencies specific and
unambiguous authority to use tax increment for economic development purposes
in order to enhance job opportunities and expand the statutory definition of
redevelopment to put greater emphasis on attracting and retaining businesses.
Law and Justice System Issues
108.105. SUPPORT legislation that seeks to curb metal theft by making it easier for
law enforcement agencies to track stolen metals sold to scrap dealers through
such means as requiring identification from customers selling commonly stolen
metals, banning cash transactions over a certain amount, and requiring scrap
dealers to hold materials they buy for a certain period of time before melting them
down or reselling them.
109.106. SUPPORT legislation that provides a practical and efficient solution to
addressing the problem of abandoned and trespassing vessels and ground
tackle in an administrative process that allows the California State Lands
Commission to both remove and dispose of such vessels and unpermitted
ground tackle. Boat owners in increasing numbers are abandoning both
recreational and commercial vessels in areas within the Commission’s
jurisdiction. Our state waterways are becoming clogged with hulks that break up,
leak, sink and add pollutants to our waterways and marine habitat.
110.107. OPPOSE legislative proposals to realign additional program responsibility
to counties without adequate funding and protections.
111.108. OPPOSE legislation that would shift the responsibility of parolees from the
state to the counties without adequate notification, documentation and funding.
112.109. SUPPORT legislation that will help counties implement the 2011 Public
Safety Realignment as long as the proposal would: provide for county flexibility,
eliminate redundant or unnecessary reporting, and would not transfer more
responsibility without funding.
Levee Issues, Sacramento-San Joaquin Delta Issues
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Contra Costa County
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The County’s Delta Water Platform was developed in mid-2008 to consolidate and organize the
many County policies and positions into one document that could be utilized to guide actions
and advocacy to promote a healthy Sacramento-San Joaquin Delta.
The Delta Water Platform is comprised of fourteen subject areas. Each of these subject
categories contains relevant policies and background explanatory language. Each subject
category is summarized below; the first five are considered priorities. The policies and
background information can be found in the Delta Water Platform, which is included in this
document by reference:
Short Term Actions to be implemented immediately: Includes a broad range of specific,
relatively non-controversial actions to quickly improve the state of the Delta, such as
improvements to levees, the fishery, habitat and emergency response.
Conveyance: Through-Delta and Isolated Conveyance: Consideration of isolated
conveyance must protect and improve the Delta and the entire Bay-Delta ecosystem,
include the broadest range of non-biased scientific analysis of impacts, include levee
repair and all costs of a facility must be paid by beneficiaries.
The Delta Ecosystem: Protection and restoration of an ailing Delta ecosystem has long
been a priority of the Board of Supervisors, including need for additional scientific
research to address fundamental questions, fishery and habitat restoration projects.
Governance: A new or improved system of oversight related to ecosystem and water
management is necessary. The existing Delta Protection Commission land use
governance structure has been successful, requiring no further action. Local
Government representation in any governance structure is paramount.
Levee Restoration: Advocacy for immediate and significant (multi-year) funding and
levee repair is a priority, including upgrades to minimum (PL 84 99) standards for all
levees, and a higher, 200-year level of protection for communities protected by levees.
Stockpiling rock in the Delta specifically for levee repair and continuance of the Long
Term Management Strategy (LTMS) are highly recommended.
Water Quality, Water Quality and Delta Outflow: Protection and improvement of water
quality, quantity and outflow, determination and assurance of adequate water for the
delta ecosystem and examination of the State and Federal project operations (including
potential for reduced exports) are recommended here.
Flood Protection/Floodplain Management: Comprehensive flood management planning
throughout the Delta and its watersheds, as well as funding to bring flood facilities to
200-year levels and revenue generation for flood control districts continue to be of
import.
Water Rights and Legislative Protections: Existing area-of-origin and other water rights
protections established for the Delta should be preserved.
Contra Costa County
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Regional Self-Sufficiency: All export regions should be implementing all water supply
options available to them to reduce stress on the Delta as a limited resource.
Emergency Response: Collaborative efforts among the Delta counties to improve
emergency response in the region have been productive and are continuing.
Water Conservation: Landscape and household conservation, maximizing use of
reclaimed wastewater, use of meters, and agricultural water conservation are
recommended.
Water Storage: Multi-purpose storage facilities are recommended and groundwater
storage preferred to surface storage options. Detailed groundwater studies are
recommended.
San Luis Drain/Grasslands Bypass: Long-standing opposition to selenium discharges
from this project entering the Delta and support of in-valley treatment solutions are
ongoing. Continued reduction in drainage from the Grasslands Bypass project is also
monitored.
Climate Change: Impacts of climate change must be considered in planning,
engineering and construction activities.
113.110. ADVOCATE for administrative and legislative action to provide significant
funding for rehabilitation of levees in the western and central Delta. Proposition
1E, passed in November 2006, provides for over $3 billion for levees, primarily
those in the Central Valley Flood Control Program. Language is included in the
bond for other Delta levees but funding is not specifically directed. The County
will work on a coalition basis to actively advocate for $1 billion in funding through
this bond.
114.111. SUPPORT legislation that requires the levee repair funds generated by
Proposition 1E be spent within one year. Many public agencies, including
reclamation districts charged with maintaining levees, have complained about the
state’s inaction in allocating and distributing the levee funds that were raised by
the bond sales authorized by Proposition 1E in 2008. Legislation could require
the immediate distribution of these funds to local levee projects. The Delta
Reform Act of 2009 authorized over $202 million for levee repairs. It has been
difficult to obtain explanations from the state as to why these funds are not being
distributed.
115.112. SUPPORT legislation to amend California Water Code Section 12986, to
maintain the state/local funding ratio of 75/25 for the state’s Delta Levees
Subventions Program, which provides funds for local levee repair and
maintenance projects. The code provisions that have the state paying 75
percent of project costs will expire on July 1, 2013. At that time the matching
Contra Costa County
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ratio will change to 50/50. This means local reclamation districts will have to pay
a larger portion of project costs (50%, compared to their current 25%
requirement). Many districts do not have the funding to do so. This legislative
request could also include direction that the Delta Levees Subventions Program
should continue to use funds from bonds or other dedicated sources, rather than
the state’s General Fund. For the past several years the program has been
funded from bonds. When these bond funds run out, the program will have to be
funded from the General Fund, unless some other new dedicated funding source
is established. This is something that should be included in the next Water Bond,
if and when there is one.
116.113. ADVOCATE for legislation dealing with the Delta, including levees and
levee programs, level and type of flood protection, beneficiary-pays programs,
flood insurance, liability and other levee/land use issues.
117.114. SUPPORT legislation/regulation requiring Reclamation Districts to
develop, publish, and maintain hazard emergency plans for their districts.
Emergency response plans are critical to emergency management, particularly in
an area or situation like the Delta where a levee break could trigger other
emergencies. This legislation/regulation should also include the requirement for
plan review and annual distribution of the plan to the residents of the district,
County Office of Emergency Services and other government agencies that have
emergency response interests within the district.
118.115. SUPPORT legislation to amend California Water Code Section 85057.5 to
bring the Delta Stewardship Council’s “covered actions” land-use review process
into consistency with CEQA. This section of state code defines a “covered
action,” which refers to local permit decisions that are subject to potential
revocation by the Delta Stewardship Council, as proposed in the Council’s Delta
Plan. The proposed process works as follows: (1) if a local permit application
meets the definition of a “covered action,” the jurisdiction must evaluate it for
consistency with all of the policies in the Stewardship Council’s Delta Plan. (2) If
the jurisdiction finds the project is consistent with the Delta Plan, they notify the
Stewardship Council of this finding. (3) Anyone who objects to the project may
appeal the consistency finding, and it will be up to the Stewardship Council to
make the final decision. Should the Stewardship Council decide against the local
jurisdiction, there is no appeal process available to the jurisdiction or project
applicant other than legal action.
“Covered actions” are defined in Section 85057.5 of the California Water Code.
It defines them as plans, projects or programs as defined by CEQA, and then
goes on to grant several exemptions to certain types of projects. It does not,
however, provide exemptions for all the project types that CEQA itself exempts.
CEQA provides a lengthy list of categorical exemptions for plans, projects and
programs that generally do not have significant environmental impacts, and
projects that have compelling reasons to move forward quickly (such as public
Contra Costa County
Proposed 2012 Draft State Platform
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safety projects). The entire list of categorical exemptions from CEQA also should
be exempt from the Delta Stewardship Council’s “covered actions” process.
Library Issues
119.116. SUPPORT State financial assistance in the operation of public libraries,
including full funding of the Public Library Fund (PLF) and the Direct/Interlibrary
Loan (Transaction Based Reimbursement) program.
120.117. SUPPORT State bonds for public library construction. The 2000 library
construction bond provided funding for two libraries in Contra Costa County.
There is currently a need of approximately $289,000,000 for public library
construction, expansion and renovation in Contra Costa County.
121.118. SUPPORT continued funding for the California Library Literacy and
English Acquisition Services Program, which provides matching funds for public
library adult literacy programs that offer free, confidential, one -on-one basic
literacy instruction to English-speaking adults who want to improve their reading,
writing, and spelling skills.
Telecommunications Issues
122.119. SUPPORT clean-up legislation on AB 2987 that provides for local
emergency notifications similar to provisions in cable franchises for the last 20
years. Currently our franchises require the cable systems to carry emergency
messages in the event of local emergencies. With the occurrence of several local
refinery incidents, this service is critical for Contra Costa. Under federal law,
Emergency Alert System requirements leave broad discretion to broadcasters to
decide when and what information to broadcast, emergency management offices
to communicate with the public in times of emergencies.
123.120. SUPPORT preservation of local government ownership and control of the
local public rights-of-way. Currently, local government has authority over the
time, place, and manner in which infrastructure is placed in their rights -of-way.
The California Public Utilities Commission is considering rulemaking that would
give them jurisdiction to decide issues between local government and
telecommunication providers.
Transportation Issues
124.121. SUPPORT increased flexibility in the use of transportation funds. The
County supports an amendment to the Subdivision Map Act to allow the use of
off-site transportation impact fees to fund pedestrian, bicycle transit and traffic
calming facilities necessitated by new development. The Act currently limits the
Contra Costa County
Proposed 2012 Draft State Platform
Proposed 2012 Draft State Platform 25
use of these funds to improvements to bridges and “major thoroughfares.”
Senator DeSaulnier introduced such a bill in 2008. The County’s proposal was
adopted by CSAC for its legislative platform in the 2011 session. The proposal
would provide more flexibility in how we can use an existing transportation
funding source.
125.122. SUPPORT regional coordination that provides for local input in addressing
transportation needs. Coordinated planning and delivery of public transit,
paratransit, and rail services will help ensure the best possible service delivery to
the public. Regional coordination also will be needed to effectively deal with the
traffic impacts of Indian gaming casinos such as those in West County. Regional
coordination also will be essential to complete planning and development of
important regional transportation projects that benefit the state and local road
system such as State Route 239, improvements to Vasco Road, completion of
remaining segments of the Bay Trail, improvements to the Delta DeAnza
Regional Trail, and the proposed California Delta Trail. There may be interest in
seeking enhanced local input requirements for developing the Sustainable
Communities Strategy for the Bay Area mandated by SB 375 for greenhouse gas
reduction. It is important that the regional coordination efforts are based on input
gathered from the local level, to ensure the regional approach does not
negatively impact local communities. “Top-down” regional planning efforts would
be inconsistent with this goal.
126.123. SUPPORT efforts to improve safety throughout the transportation system.
The County supports new and expanded projects and programs to improve
safety for bicyclists, pedestrians and wheelchair users, as well as projects to
improve safety on high-accident transportation facilities such as Vasco Road.
Data on transportation safety would be improved by including global positioning
system (GPS) location data for every reported accident to assist in safety
analysis and planning. The County also supports school safety improvement
programs such as crossing guards, Safe Routes to Schools (SR2S) grants,
efforts to improve the safety and security of freight transportation s ystem
including public and private maritime ports, airports, rail yards, railroad lines and
sidings. The County also supports limits or elimination of public liability for
installing traffic-calming devices on residential neighborhood streets.
127.124. SUPPORT funding or incentives for the use of renewable resources in
transportation construction projects. The County seeks and supports grant
programs, tax credits for manufacturers, state purchasing programs, and other
incentives for local jurisdictions to use environmentally friendly materials such as
the rubberized asphalt (made from recycled tires) that the County has used as
paving material on San Pablo Dam Road and Pacheco Boulevard.
128.125. SUPPORT streamlining the delivery of transportation safety projects. The
length of time and amount of paperwork should be reduced to bring a
transportation safety project more quickly through the planning, engineering and
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design, environmental review, funding application, and construction phases, such
as for Vasco Road. This could include streamlining the environmental review
process and also streamlining all state permitting requirements that pertain to
transportation projects. Realistic deadlines for use of federal transportation funds
would help local jurisdictions deliver complex projects without running afoul of
federal time limits which are unrealistically tight for complex projects.
129.126. SUPPORT efforts to coordinate development of state-funded or regulated
facilities such as courts, schools, jails, roads and state offices with local planning.
The County supports coordinating planning between school districts and local
jurisdictions in locating and planning new schools and funding programs that
foster collaboration and joint use of facilities to help finance off-site transportation
improvements for access to schools.
130.127. SUPPORT regional aviation transportation planning efforts for coordinated
aviation network planning to improve service delivery. Regional aviation
coordination could also improve the surrounding surface transportation system
by providing expanded local options for people and goods movement.
131.128. SUPPORT efforts to increase waterborne transport of goods and obtaining
funds to support this effort. The San Francisco to Stockton Ship Channel is a
major transportation route for the region, providing water access to a large
number of industries and the Ports of Sacramento and Stockton. A project is
underway to deepen the channel, providing additional capacity to accommodate
increasing commerce needs of the Ports and providing better operational
flexibility for the other industries. Increased goods movement via waterways has
clear benefits to congestion management on highways and railroads (with
resultant air quality benefits).
Waste Management
132.129. SUPPORT legislation that establishes producer responsibility for
management of their products at the end of their useful life.
133.130. SUPPORT efforts to increase the development of markets for recycled
materials.
134.131. SUPPORT legislative and regulatory efforts to allow third parties, under
specific circumstances and conditions, to collect and transport household
hazardous waste to collection facilities.
135.132. SUPPORT legislation that seeks to remedy the environmental degradation
and solid waste management problems on a State-wide basis of single-use
plastic bags typically given away for free at grocer, retail and other
establishments.
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133. SUPPORT legislation that does not require increased diversion from landfills
without out an adequate funding mechanism.
134. SUPPORT legislation that would make changes to the used tire redemption
program. Instead of collecting a disposal fee from the consumer when new tires
are purchased, a disposal fee would be collected at the wholesale level and
redeemed by the disposal site when the used tires are brought to the site. The
party bringing the tires to the disposal site would also receive a portion of the fee.
136.
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PROPOSED 2012 STATE LEGISLATIVE PLATFORM
CONTRA COSTA COUNTY
Each year, the Board of Supervisors adopts a State Legislative Platform that
establishes priorities and policy positions with regard to potential State legislation and
regulation. The State Legislative Platform includes County-sponsored bill proposals;
policy issues that provide direction and guidance for identification of bills which would
affect the services, programs or finances of Contra Costa County; and issues regarding
the State budget and state-local relationship.
COUNTY-SPONSORED BILLS
1. New Pension Tiers Legislation: The County is currently in negotiation with many
of its bargaining units regarding the development of new pension tiers, Tier IV and
Tier D (for Safety employees). The current Memorandum of Understanding for Local
21 and the Management Resolution both include provisions to close Tier III, Tier A,
and Tier C to all hired after December 31, 2012 and create Tier IV and Tier D, which
will be applicable to all hired after that date.
The County is seeking enabling legislation to amend the County Employees
Retirement Act of 1937 to enact this change and to allow Tier IV to apply to each
bargaining unit that agrees to implement the Tier. In addition, the County is also
presently negotiating with its safety-related bargaining units with the intention of
reaching agreement on the creation and adoption of Tier D1. As with Tier IV, Tier D
will apply to each bargaining unit that agrees to implement the Tier , and enabling
legislation is required to effectuate the new tier.
The County may also seek in legislation, as appropriate, additional general authority
for the County and its Unions to agree to different retirement benefits for future
employees for different bargaining units or subgroups, if approved in a Memorandum
of Understanding. In addition, the County may also seek, as appropriate, additional
general authority for the County and its Unions to agree that employees hired after
December 31, 2012 may pay part of the Employer’s retirement contributions, if
approved in a Memorandum of Understanding.
Rationale: By negotiating these retirement plan changes at the bargaining table,
Contra Costa County achieves local pension reform that saves money for County
taxpayers and helps the pension system, the Contra Costa County Employees
Retirement Association (CCCERA), stay sustainable for retirees. Legislation is
required to amend the County Employees Retirement Law of 1937 to enact these
changes.
1 On December 6, 2011, the Board of Supervisors adopted Resolution No. 2011/486 approving the MOU
with the Deputy Sheriffs' Association Management Unit and the MOU with the DSA, Rank and File Unit,
implementing an agreement for the period of July 1, 2008 through June 30, 2013.
Contra Costa County
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2. Retain In Home Supportive Services (IHSS) Savings Through Targeted
Program Management: Contra Costa County IHSS believes it can save service
hours – and thereby costs – through an on-going Target Program Management. By
aiming to stay below the “natural growth rate” in hours of 3.2 – 7.5% per year (based
on history), Contra Costa County IHSS projects that it can achieve annual savings of
up to $2.0 million to the State General Fund during the next five years. Begin ning FY
2011-12, Contra Costa County requests that the State share any savings between
the projected “natural growth rate” in IHSS service hours and the actual service
hours achieved by the County each year, in a share ratio formula to be determined.
Savings retained by the County would be kept within the IHSS program, or possibly
applied to other endangered safety net programs for seniors – such as Adult Day
Health Care, Legal Services and community-based nutrition and transportation
programs. This framework is consistent with the State’s Realignment plan that
places greater autonomy at the local level. Additionally, the integration of several
service elements is in keeping with the overall national trend toward an integrated
model of care and community services.
Rationale: This proposal has been created in light of current and anti cipated budget
challenges that are threatening the existence of IHSS, a California innovation and
one of its most successful human service programs. The premise of the proposal is
that it is critical to maintain the viability of IHSS, a safety net program that has a
proven track record as a cost-effective method for keeping seniors and adults with
disabilities in their own homes and out of expensive nursing homes. Equal to the
financial implication is the public service component: people who need in -home
services and their families have a high preference for independent living
arrangements over nursing home consignment.
LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES
Each year, issues emerge through the legislative process that are of importance to the
County and require advocacy efforts. For 2012, it is anticipated that critical issues
requiring legislative advocacy will include the following:
1. State Budget – A slow economic recovery continues to plague the state and hamper
the ability to fund core services. Baseline General Fund revenues for FY 2012-13 are
projected to total $89 billion, and are not expected to return to their 2007 ‐08 levels until
2014‐15. Further, there remain significant risks and uncertainty to the state’s fiscal
health, including ongoing debt obligations, pension liabilities, and uncertainties
associated with the continuing debate on addressing the federal budge t deficit. The
budget deficit for 2012‐13 is estimated to be $9.2 billion, including a current year deficit
of $4.1 billion. To address the deficit, the Governor is proposing a combination of
spending reductions and temporary taxes (via ballot initiative) totaling $10.3 billion to
both balance the budget and establish a $1.1 billion reserve. The Governor also
proposes a new round of trigger cuts slated to take effect if his ballot initiative fails.
Contra Costa County
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The long-standing practice of state government has been to look to counties as a
means of balancing its budget. While opportunities to do so are more limited with the
passage of Proposition 1A, the magnitude of the deficit makes it certain the State will be
creative in their efforts to include counties as part of its budget balancing solution, likely
through additional program re-alignment and revenue reductions.
Of particular concern to counties is the inadequate reimbursement for our increasing
cost of operating several human services programs: the Human Services Funding
Deficit, formerly referred to as the “Cost of Doing Business.” The annual shortfall
between actual county expenses and State reimbursement has grown to over $1 billion
since 2001, creating a de facto cost shift to counties. The funding gap forces counties
to reduce services to vulnerable populations and/or divert scarce county resources from
other critical local services. It also increases the risk of State and Federal penalties.
2. Health Care – Counties have a high stake in California’s health reform efforts.
Counties serve as employers, payers, and providers of care to vulnerable populations.
Consequently, counties stand ready to actively participate in discussions of how to best
reform the health care system in California and implement the national health care
reform legislation passed in 2010.
3. Water and Levees /The Sacramento-San Joaquin Delta – The Legislature’s
passing of the Delta Reform Act (2009), a package of bills which establish ed among
other things, co-equal goals for reliable water supply and ecosystem restoration for the
Delta, as well as the proposed Bay Delta Conservation Plan (BDCP)--an effort to
construct a massive peripheral canal/tunnel-- will require significant, large-scale change
to the Delta as we know it today. The scope and content of these changes and
continuing political battles between north and south over water will continue to dominate
legislative and administrative agendas in the coming year. S ignificant future impacts
upon the County in the areas of water quality and supply, levees, ecosystem,
governance and flood control are anticipated. Additionally, a water bond has been
proposed for the November 2012 ballot. Consideration should be given to the potential
for the County to sponsor Delta-related legislation through our legislative delegation.
The County may also work with the Delta Counties Coalition (DCC) to sponsor Delta -
related legislation. Particular areas of concern for 2012 include, but are not limited to,
impacts of Delta plans on local land use authority and expediting state bond funding for
levee improvement projects. The County’s adopted Delta Water Platform, as well as the
Strategic and Action Plans, are incorporated in this Platform by reference.
4. Constitutional Protections and Realignment Implementation–Since the 2011
Public Safety Realignment package passed in June 2011 without the constitutional
protections requested by counties, one of the central goals of counties is to support
efforts to achieve the constitutional protections that guarantee a dedicated on-going
revenue stream and include provisions protecting counties against future actions by the
Legislature, the courts, regulations or executive orders that increase county costs for
Realignment. Counties will also support efforts to ensure that the receipt of Local
Contra Costa County
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Community Corrections Funds matches the amounts anticipated from the State, without
undue delay.
In addition, there are major realignment implementation issues that need to be
addressed and passed in the Legislatu re including the “super structure,” how to allocate
growth of revenue, and the transferability of funds between programs.
With regard to Public Safety realignment, the County will support efforts that facilitate
the smooth transition of prisoners and pa rolees at the county level. Counties are
currently receiving parolees whose latest crime fits the specified “non -violent, non-
serious, non-sex offender” (N3) definition, but who have a criminal background that
includes violent, serious and/or sexual crime s. Under the current legislation, the
person’s latest offense/crime determines if they meet the N3 criteria. However, counties
are receiving people who have a very violent background. Specifically, a change would
be requested to prevent those whose tota l criminal background does not meet the N3
criteria. These individuals should stay under the responsibility of the State.
The County will also support efforts to alter the present formula for the allocation of
funds to counties, which favors those counties that currently incarcerate a greater
percentage of the local population due to local sentencing practices, fewer crimes
outside the non-violent, non-serious, non-sexual criteria, and a lesser commitment to
alternative sentencing and diversion programs. The County will also support efforts to
provide additional funding/grants to those counties that have a commitment to lowering
the crime rate and reducing recidivism through the provision of innovative,
comprehensive, evidence-based programs for offender populations and their families.
Any future proposals to realign programs to counties must have constitutionally
guaranteed ongoing funding and protections. The County will oppose any proposals
that will transfer additional program responsibility to counties without funding and
protections.
STATE PLATFORM POLICY POSITIONS
A brief background statement accompanies policy positions that are not self -evident.
Explanatory notes are included either as the preface to an issue area or following a specific
policy position. Please note that new and revised policy positions are highlighted and in italics.
The rationale for the policy position is italicized.
Agricultural Issues
1. SUPPORT efforts to ensure sufficient State funding for pest and disease control
and eradication efforts to protect both agriculture and the native environment,
including glassy-winged sharpshooter, light brown apple moth, and Japanese
dodder activities; high risk pest exclusion activities; pesticide regulatory and law
enforcement activities; and noxious weed pest management. Agriculture is an
Contra Costa County
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important industry in Contra Costa County. Protection of this industry from pests
and diseases is important for its continued viability.
2. SUPPORT continued appropriations for regulation and research on sudden oak
death, a fungal disease affecting many species of trees and shrubs in native oak
woodlands. The County’s natural environment is being threatened by this
disease.
3. SUPPORT funding for agricultural land conservation programs and agricultura l
enterprise programs to protect and enhance the viability of local agriculture. The
growth in East County and elsewhere has put significant pressure on agricultural
lands, yet agriculture is important not only for its production of fresh fruits,
vegetables and livestock, but also as a source of open space.
4. SUPPORT legislation to establish legal authority where needed to facilitate the
efforts by the California Department of Food and Agriculture and the Department
of Boating and Waterways to survey and treat all incipient infestations of the
South American spongeplant and a continued long-term effort to rid the Delta of
this and other invasive species. Invasive aquatic species are a threat to
agriculture, the environment and recreation in the Delta.
Animal Services Issues
5. SUPPORT efforts to protect local revenue sources designated for use by the
Animal Services Department; i.e., animal licensing, fines and fees. Fines, fees,
and licensing are major sources of revenue for the Animal Services Department.
The demand for animal services is increasing each year as does the demand on
the General Fund. It is important to protect these revenue sources to continue to
provide quality animal service and to meet local needs.
6. SUPPORT efforts to protect or increase local control and flexibility over the
scope and level of animal services. Local control over the scope of animal
services is necessary to efficiently address public safety and other community
concerns. Local control affords jurisdictions the ability to tailor animal service
programs to fit their communities. Animal related issues in dense urban areas
vary from those in small, affluent communities.
7. SUPPORT efforts to protect against unfunded mandates in animal services or
mandates that are not accompanied by specific revenue sources which
completely offset the costs of the new mandates, both when adopted and in
future years. Unfunded mandates drain our limited fiscal resources and, at the
same time, chip away at local control over the scope and level o f services.
8. SUPPORT efforts to ensure full funding of State animal services mandates,
including defense of the Department of Finance’s lawsuit against the State
Commission on Mandates regarding the State obligations for reimbursement of
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local costs for animal services incurred in compliance with SB 1785. The County
invested large sums of money to comply with SB 1785, with the assurance that
our cost would be offset by reimbursements from the State. Failure by the State
to honor the reimbursements negatively impacts the County General Fund and
Animal Services’ budget.
9. SUPPORT efforts to protect and/or increase County flexibility to provide animal
services consistent with local needs and priorities. The demand for quality
animal service programming continues to increase each year. The County is
experiencing population growth and changing demographics. It is incumbent
upon the Animal Services Department to be flexible enough to adjust to the
changing needs and priorities.
10. SUPPORT efforts to preserve the integrity of existing County policy relating to
Animal Services (e.g., the Animal Control Ordinance and land use requirements).
Contra Costa is looked upon as one of the model Animal Services Departments
in the state. Its policies, procedures, and ordinances are the yardstick against
which other Animal Control organizations are measured. The local control
exercised by the Board of Supervisors is key to that hallmark.
Child Support Services Issues
11. SUPPORT the establishment of a statewide electronic regi stry for the creation
and release/satisfaction of liens placed on property of a non -custodial parent as
necessary to collect delinquent child support payments. California law currently
provides that recording an abstract or notice of support judgment with a County
Recorder creates a lien on real property. This requires recording the judgment in
each of the 58 counties in order not to miss a property transaction. An electronic
registry would simplify not only the creation of liens but also the
release/satisfaction of liens because there would be a single statewide point of
contact, and the entire process would be handled electron ically through
automated means.
12. SUPPORT amendment of current law that states that documents completed and
recorded by a local child support agency may be recorded without
acknowledgement (notarization) to clarify that the exception is for documents
completed or recorded by a local child support agency. This amendment clarifies
that documents that are prepared by the local child su pport agency and then sent
for recording either by the local child support agency or by the obligor (non -
custodial parent) or by a title insurance company are covered by the exemption,
a technical point not acknowledged by all county recorder offices.
13. SUPPORT efforts to simplify the court process for modifying child support orders
by the court by requiring court appearances only when one of the parties objects
to the modification. Currently, establishment of parentage and support by the
court is permitted without court appearance if both parties are in agreement. A
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similar process for modification would reduce court time, the workload of all
involved agencies and parties, and streamline the process.
14. SUPPORT efforts to ensure that the reduction caused by the federal Deficit
Reduction Act of 2005 to the California Department of Child Support Services is
not passed down as a reduction to the local program. The Act places a
restriction on the ability of states to use incentive funds as the state match to
draw additional federal funds. In previous years, California used its $30 million in
federal funds in child support programs .
15. SUPPORT efforts that would require the Department of Child Support Services to
provide any notice form, information, or document that is required or authorized
to be given, distributed, or provided to an individual, a customer, or a member of
the public to be given, distributed, or provided in a digitized form, and by any
means the Department determines is feasible, including, but not limited to, e-mail
or by means of a web site.
Climate Change Issues
16. SUPPORT the CSAC Climate Change Policy Statements and Principles which
address a broad range of issues affected by climate change, including water, air
quality, agriculture, forestry, land use, solid waste, energy and health. The
document is largely based on existing CSAC policy and adapted to climate
change. Additionally, the document contains a set of general principles which
establish local government as a vital partner in the clim ate change issue and
maintain that counties should be an active participant in the discussions in the
development of greenhouse gas reduction strategies underway at the state and
regional level.
17. SUPPORT efforts to ensure that the implementation of AB 32 results in harmony
among the greenhouse gas reduction target created by the Air Resources Board
for each regional/local agency, the housing needs numbers provided by the state
Department of Housing and Community Development pursuant to housing
element law, the Sustainable Communities Strategy, and the Regional
Transportation Plan processes.
Elections Issues
18. SUPPORT legislation to adjust precinct sizing from 1,000 voters per precin ct to
1,250 voters per precinct. With the option of being able to have up to 1,250
voters per precinct, the best polling locations in a neighborhood can be selected,
and that same site is more likely to be used for several elections, thus avoiding
the need to change poll sites for voters.
19. SUPPORT full state reimbursement for state mandates imposed upon local
registrars by the Secretary of State, including special state elections. The state
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has committed to reimburse Counties for the cost of certain state mandates.
That reimbursement process, SB 90, can be lengthy and contentious. The SB 90
process is also subject to uncertainties including partial payments, delayed
payments, and now, suspended or no payments. In lieu of the SB 90 process for
Elections, there is merit in the examination of having the state pay its pro-rata
share of costs when state candidates/measures are on the ballot.
20. SUPPORT legislation that would add provisions to the state Elections Code that
would allow special elections to fill a vacancy in a congressional or legislative
district to be conducted by all mailed ballots at the county’s discretion.
Emergency Preparedness, Emergency Response
21. SUPPORT legislation that would give local agencies more authority to train
volunteers and help clean-up oil spills without taking on additional legal liability.
22. SUPPORT legislation that would require the state’s Oil Spill Prevention and
Response Agency to improve communication and clean -up technology, increase
safety standards for ships and establish special protections for ecologically
sensitive areas.
23. SUPPORT legislation that would require responses to future oil spills in a shorter
timeframe, with a more regional approach.
24. SUPPORT measures that enable counties and other local agencies to better
exercise their responsibilities to plan for and respond to emergencies and
disasters without taking on additional legal liability and oppose those that do not
recognize or support the county and local agency role in the State’s Standardized
Emergency Management System.
25. SUPPORT legislation or other measures requiring the creation of emergency
rock stockpiles suitable for levee repair throughout the Delta, enabling
increasingly efficient and less costly prevention of levee breaks and
enhancement of initial response capabilities.
Eminent Domain Issues
26. SUPPORT legislation that maintains the distinction in the California Constitution
between Section 19, Article I, which establishes the law for eminent domain, and
Section 7, Article XI, which establishes the law for legislative and administrative
action to protect the public health, safety, and welfare.
27. SUPPORT legislation that would provide a comprehensive and exclusive basis in
the California Constitution to compensate property owners when property is
taken or damaged by state or local governments, without affecting legislative a nd
administrative actions taken to protect the public health, safety, and welfare.
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Flood Control and Clean Water Issues
28. SUPPORT authorization for regional approaches to comply with aquatic pesticide
permit issues under the purview of the State Water Reso urces Control Board.
Contra Costa County entered into an agreement with a neighboring county and
several cities to share the costs of monitoring. While it makes sense for local
government to pool resources to save money, State Board regulations make
regional monitoring infeasible.
29. SUPPORT efforts to provide local agencies with more flexibility and options to
fund clean water programs. Stormwater requirements issued by the Regional
Water Quality Control Boards are becoming more and more expensive, yet th ere
is no funding. Stormwater should be structured like a utility with the ability to set
rates similar to the other two key water services: drinking water and wastewater.
30. SUPPORT efforts to provide immunity to local public agencies for any liability fo r
their clean-up of contaminations on private lands. This will be more critical as the
Regional Water Quality Control Boards institute Total Maximum Daily Loads,
which establish a maximum allowable amount of a pollutant (like mercury) in the
stormwater from a watershed.
General Revenues/Finance Issues
As a political subdivision of the State, many of Contra Costa County’s services and programs
are the result of state statute and regulation. The State also provides a substantial portion of
the County’s revenues. However, the State has often used its authority to shift costs to counties
and to generally put counties in the difficult position of trying to meet local service needs with
inadequate resources. While Proposition 1A provided some protections for counties, vigilance
is necessary to protect the fiscal integrity of the County.
31. SUPPORT the State's effort to balance its budget through actions that do not
adversely affect County revenues, services or ability to carry out its governmental
responsibilities.
32. OPPOSE any state-imposed redistribution, reduction or use restriction on
general purpose revenue, sales taxes or property taxes unless financially
beneficial to the County. (Note that a redistribution of sales and property tax may
be beneficial to Contra Costa County in the event that sales tax growth continues
to lag behind property tax growth.)
33. OPPOSE efforts to limit local authority over transient occupancy taxes (TOT).
34. OPPOSE any efforts to increase the County's share-of-cost, maintenance-of-
effort requirements or other financing responsibility for State mandated programs
absent new revenues sufficient to meet current and future program needs.
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35. SUPPORT efforts to ensure that Contra Costa County receives its fair share of
State allocations, including mental health funding under Proposition 63 and pass -
through of federal funds for anti-terrorism and homeland security measures. The
State utilizes a variety of methods to allocate funds among counties, at times
detrimental to Contra Costa County.
36. SUPPORT efforts to receive reimbursement for local tax revenues lost pursuant
to sales and property tax exemptions approved by the Legislature and the State
Board of Equalization.
37. SUPPORT continued efforts to reform the state/local relationship in a wa y that
makes both fiscal and programmatic sense for local government and conforms to
the adopted 2010 CSAC Realignment Principles, with an emphasis on maximum
flexibility for counties to manage the existing and realigned discretionary
programs.
38. SUPPORT efforts to relieve California of the federal Child Support penalties
without shifting the cost of the penalties to the counties.
39. SUPPORT a reduction in the 2/3 vote requirement for special taxes that fund a
comprehensive community plan developed by the county, cities and school
districts that improve health, education and economic outcomes and reduce
crime and poverty.
40. SUPPORT efforts to authorize counties to impose forfeitures for violations of
ordinances, as currently authorized for cities. This would provide the County with
the opportunity to require deposits to assure compliance with specific ordinance
requirements as well as retain the deposit if the ordinance requirements are not
met. Currently, the County is limited to imposing fines which are li mited to only
$100 - $200 for the first violation, which has proven to be an ineffective deterrent
in some cases.
41. SUPPORT efforts to redefine the circumstances under which commercial and
industrial property is reassessed to reduce the growing imbalance be tween the
share of overall property tax paid by residential property owners versus
commercial/industrial owners.
42. SUPPORT efforts to reduce County costs for Workers’ Compensation, including
the ability to control excessive medical utilization and litigatio n. Workers’
Compensation costs are significant, diverting funds that could be utilized for
County services. Workers’ Compensation should provide a safety net for injured
employees, for a reasonable period of time, and not provide an incentive for
employees to claim more time than medically necessary.
43. SUPPORT state actions that maximize Federal and State revenues for county-
run services and programs.
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44. SUPPORT legislative compliance with both the intent and language of
Proposition 1A and Proposition 22 (on an issue-by-issue basis).
45. SUPPORT full State funding of all statewide special elections, including recall
elections.
46. OPPOSE efforts of the State to avoid state mandate claims through the practice
of repealing the statues, then re-enacting them. In 2005, the State Legislature
repealed sections of the Brown Act that were subject to mandate claims, then re -
enacted the same language pursuant to a voter -approval initiative, and therefore,
not subject to mandate claims.
47. SUPPORT strong Public Utilities Commission (PUC) oversight of state-
franchised providers of cable and telecommunications services, including
rigorous review of financial reports and protection of consumer interest s. AB
2987 (Núñez), Chapter 700, statutes of 2006 transferred regulatory overs ight
authority from local government to the PUC.
48. SUPPORT timely, full payments to counties by the State for programs operated
on their behalf or by mandate. The State currently owes counties over $1 billion
in State General Funds for social services program costs dating back to FY
2002-03.
49. SUPPORT full State participation in funding the County’s retiree and retiree
health care unfunded liability. Counties perform most of their services on behalf
of the State and Federal governments. Funding of retiree costs should be the
responsibility of the State, to the same extent that the State is responsible for
operational costs.
50. SUPPORT legislation that provides constitutional protections and guaranteed
funding to counties under Realignment.
Health Care Issues
Counties remain concerned about any health care reform that could transfer responsibility to
counties, without commensurate financing structures or in a manner not compatible with the
County’s system. Counties support a concept of universal health coverage for all Californians.
Toward that end, counties urge the state to enact a system of health coverage and care delivery
that builds upon the strengths of the current systems in our state, including county-operated
systems serving vulnerable populations.
Currently, California has a complex array of existing coverage and delivery systems that serve
many, but not all, Californians. Moving this array of systems into a universal coverage
framework is a complex undertaking that requires sound analysis, thoughtful and deliberative
planning, and a multi-year implementation process. As California moves forward with health
care reform, counties urge the State to prevent reform efforts from exacerbating problems with
existing service and funding. The State must also consider the differences across California
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counties and the impacts of reform efforts on the network of safety-net providers, including
county providers. The end result of health reform must provide a strengthened health care
delivery system for all Californians, including those served by the safety net.
51. SUPPORT State action to increase access and affordability. Access to care and
affordability of care are critical components of any health reform plan. Expanding
eligibility for existing programs will not provide access to care in significant areas
of the state. Important improvements to our current programs, including Medi-
Cal, must be made either prior to, or in concert with, a coverage expansion in
order to ensure access. Coverage must be affordable for all Californians to
access care.
52. SUPPORT Medi-Cal reimbursement rate increases to incentivize providers to
participate in the program.
53. SUPPORT administrative streamlining of Medi-Cal, including elimination of the
asset test and semi-annual reporting and changes to income verification.
California should look to other states for ideas to reduce administrative costs,
such as allowing all children born into Medi-Cal to remain on the program until
age 21.
54. SUPPORT actions that address provider shortages (including physicians,
particularly specialists, and nurses). Innovative programs, such as loan
forgiveness programs, should be expanded. In an effort to recruit physicians from
other states, the licensing and reciprocity requirements should be re -examined.
Steps should be taken to reduce the amount of time it takes to obtain a Medi -Cal
provider number (currently six to nine months).
55. SUPPORT efforts that implement comprehensive systems of care, including case
management, for frequent users of emergency care an d those with chronic
diseases and/or dual diagnoses. Approaches could be modeled after current
programs in place in safety net systems.
56. SUPPORT efforts that provide sufficient time for detailed data gathering of
current safety funding in the system and t he impact of any redirection of funds on
remaining county responsibilities. The interconnectedness of county indigent
health funding to public health, correctional health, mental health, alcohol and
drug services and social services must be fully understood and accounted for in
order to protect, and enhance as appropriate, funding for these related services.
57. OPPOSE safety net funding transfers until an analysis of who would remain
uninsured (e.g. medically indigent adults, including citizens, who cannot
document citizenship under current Medicaid eligibility rules) is completed in
order to adequately fund services for these populations.
58. SUPPORT efforts to clearly define and adequately fund remaining county
responsibilities.
Contra Costa County
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59. SUPPORT State action to provide an analysis of current health care
infrastructure (facilities and providers), including current safety net facilities
across the state, to ensure that there are adequate providers and health care
facilities, and that they can remain viable after health reform.
60. SUPPORT efforts to provide adequate financing for reforms to succeed.
61. SUPPORT measures that maximize Federal reimbursement from Medicaid and
S-CHIP.
62. SUPPORT State action to complete actuarial studies on the costs of transferring
indigent populations, who currently receive mostly episodic care, to a coverage
model to ensure that there is adequate funding in the model.
63. SUPPORT efforts that ensure that safety net health care facilities remain viable
during the transition period and be supported afterwards based on analyses of
the changing health market and of the remaining safety net population.
64. SUPPORT State action to implement the 2010 Medi-Cal waiver in a manner that
maximizes the drawdown of federal funds for services and facilities, provid es
flexibility, and ensures that counties receive their fair share of funding.
65. SUPPORT efforts to increase revenues and to contain mandated costs in the
County's hospital and clinics system.
66. SUPPORT efforts to increase the availability of health care to the uninsured in
California, whether employed or not.
67. SUPPORT legislation that improves the quality of health care, whether through
the use of technology, innovative delivery models or combining and better
accessing various streams of revenue, including but not limited to acute and long
term care integration.
68. SUPPORT legislation to protect safety net providers, both public and private.
Legislation should focus on stabilizing Medi -Cal rates and delivery modes and
should advocate that these actions are essential to the success of any effort to
improve access and make health care more affordable.
Currently there is no planned or organized system of care for young people and their families in
need of alcohol and drug treatment services. Moreover there is a vast disparity between
treatment need and treatment capacity for adolescents. Relative to the need and demand for
this service, this is an area of the State's health care system that has been largely ignored.
69. SUPPORT State efforts to increase the scope of benefits and reimbursement
rates contained in Minor Consent Medi-Cal to give youth suffering from
Contra Costa County
Proposed 2012 State Platform
Proposed 2012 State Platform 14
substance abuse disorders access to a continuum of care, including residential
and one-on-one outpatient treatment.
70. SUPPORT efforts to give incentives to providers to establish more youth-driven
treatment facilities within the community.
71. SUPPORT efforts to extend Minor Consent Medi-Cal Coverage to incarcerated
youths, many of whom are in custody due to drug related crimes. This could
greatly decrease recidivism in the juvenile justice system.
72. SUPPORT county efforts in the promotion of partnerships that provide integrated
responses to the needs of alcohol and drug populations, including criminal
justice, perinatal and youth as well as those populations with co-occurring
disorders.
73. SUPPORT and encourage the development of strategies that include alcohol and
drug services in the provision of all culturally appropriate health care services.
74. SUPPORT the development and institutionalization of a tracking system for use
on utilization and notification of Healthy Family substance abuse benefits for
youths enrolled under California’s Health Family program. Like other youth in
California, youth in Contra Costa County, are the most underserved population in
the County’s Alcohol and Other Drug (AOD) Services’ caseloads. The Healthy
Family initiative holds great potential as a funding source to address this major
deficit in our AOD treatment services.
75. SUPPORT efforts to require coverage of medically necessary alcohol and
substance abuse related disorder treatment on the same levels as other medical
conditions in health care service plans and disability insurance policies. Alcohol
and drug treatment services are the most under-funded of all health services.
Neither the state nor the federal allocations to the County covers medical
treatment for AOD services, and so are a cost borne by the County .
Human Services Issues
76. SUPPORT efforts to increase County flexibility in use of CalWORKs funds and in
program requirements in order to better support the transition of welfare
dependent families from welfare-to-work and self-sufficiency, including, but not
limited to: extending supportive services beyond the current limit; enhancing
supportive services; increasing diversion and early intervention to obviate the
need for aid; developing a state earned income tax credit; expanding job
retention services; developing an eligibility definition to 250% of the poverty level;
and exempting the hard-to-serve from welfare-to-work activities and the 20%
exemption or providing flexibility in the time limit (dependent upon terms and
conditions of TANF reauthorization). Support efforts to align CalWORKs property
and asset limitations with those of Food Stamps. All of these measures would
Contra Costa County
Proposed 2012 State Platform
Proposed 2012 State Platform 15
make it easier for CalWORKs families to enter employment services, become
employed, and continue with the support they need in order to maintain their
jobs.
77. SUPPORT efforts to revise the definition of “homelessness” in the Welfare &
Institutions Codes to include families who have received eviction notices due to a
verified financial hardship, thus allowing early intervention assistance for
CalWORKs families. Current law prevents CalWORKs from providing homeless
assistance until the CalWORKs family is actually “on the street.” This rule
change would enable the County to work with CalWORKs families who are being
threatened with homelessness to prevent the eviction and, presumably, better
maintain the parents’ employment status.
78. SUPPORT efforts to ensure funding of child care for CalWORKs and former
CalWORKs families at levels sufficient to meet demand. The State of California
has not fully funded the cost of child care for the “working poor.” Additional
funding would allow more CalWORKs and post -CalWORKs families to become
and/or stay employed.
79. SUPPORT efforts to establish an “umbrella code” for the reporting of incidents of
elder abuse to the Department of Justice, thus more accurately recording the
incidence of abuse. Current reporting policies within California’s law
enforcement community and social services departments are uncoordinated in
regards to the reporting of adult abuse. Under an “umbrella code,” law
enforcement agencies and social services departments would uniformly report
incidents of elder abuse and California would have much better data for policy
and budget development purposes.
80. SUPPORT efforts that seek to identify and eliminate elder financial abuse and
elder exposure to crime that may be committed through conservatorships,
powers of attorney, notaries and others who have the right to control elder
assets.
81. SUPPORT efforts to effectively manage the In Home Supportive Services (IHSS)
to establish and maintain cost control mechanisms while delivering quality,
targeted services and maintaining program integrity. Efforts include, but are not
limited to, establishing an IHSS Volunteer Coordination component coupled with
the rebalancing of available hours. Retired volunteer social workers and
registered nurses could act as local Care Coordinators, enabling IHSS Social
Workers to increase their capacity to perform more timely reassessments that
would enable the management of available hours and target services to those
clients most in need and at risk of institutionalization .
82. SUPPORT efforts to eliminate the finger-imaging requirement for adult food
stamp applicants, recognizing the fraud deterrent aspects of the Electronic
Benefits Transfer System. Elimination of the finger-imaging requirement, which
Contra Costa County
Proposed 2012 State Platform
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was originally implemented as a fraud control measure in the old welfare
programs, is viewed by many as an unnecessary or duplicate process. The
current electronic benefits transfer system combined with program eligibility
processes provides more fraud prevention/detection than does finger-imaging.
83. SUPPORT efforts to allow phone-in Food Stamp Eligibility Redeterminations as a
more cost effective benefit reassessment process. As counties such as Contra
Costa change their business models to utilize centralized service centers, some
of the antiquated process rules and requirements also need to be changed, to
allow cost efficient practices. Changing the rules to allow phone -ins for Eligibility
Redeterminations is one example.
84. SUPPORT efforts to continue expansion of Child Welfare Redesign Program
Improvements including: use of Federal IV-E funding for pre-placement,
prevention activities; development of caretaker recruitment and retention
campaigns; extension of Independent Living Skill services to age 21; and,
funding to implement Children’s Child Welfare Workload Study Results, SB 2030.
Changes in these areas would enable counties to better meet their performance
accountability goals, as required under Federal and State statutes.
85. SUPPORT efforts to allow Medi-Cal clients transportation access to medical care
via the most efficient transportation mode possible instead of the very costly
ambulance transportation that is currently prevalent. California is currently
limited to the types of non-emergency medical transportation for reimbursement
by Medi-Cal. However, the federal Medicaid program allows other much less
costly forms of transportation to be used. Other states use this more permissive
definition of approved non-emergency medical transportation to encourage
Medicaid clients to receive preventative care and reduce the incidence of last -
resort ambulance transportation to hospital emergency rooms for primary care.
86. OPPOSE any legislation that increases tobacco taxes but does not contain
language to replace any funds lost to The California Children and Families
Act/Trust Fund for local services as currently funded by tobacco taxes, Prop 10 in
1998 and Prop 99.
87. OPPOSE legislation, rules, regulations or policies that restrict or affect the
amount of funds available to, or the local autonomy of, First 5 Commissions to
allocate their funds in accordance with local needs.
88. SUPPORT efforts to restore funding in the amount of $80 Million for the Child
Welfare Services Program that was line-item vetoed by Governor
Schwarzenegger in the State’s FY 2009-10 and FY 2010-11 budgets, as these
reductions have a direct impact on local child protective services and the lives of
children.
Contra Costa County
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89. SUPPORT efforts by the Contra Costa County’s executive directors and program
administrators of all Child Care and Development Programs to restore state
budget allocations to the FY 2009-10 levels for the California State Preschool
Program (CSPP), California Center-Based General Child Care Program (CCTR),
CalWORKs Stage 2 (C2AP), CalWORKs Stage 3 (C3AP), Alternat e Payment
Program (CAPP), Child Care and Development Grant and the Child Care
Retention Program (AB 212).
Indian Gaming Issues
Contra Costa County is currently home to the Lytton Band of the Pomo Indians’ Casino in San
Pablo, a Class II gaming facility. There is also a proposal for an additional casino in North
Richmond. Local governments have limited authority in determining whether or not such
facilities should be sited in their jurisdiction; the terms and conditions under which the facilities
will operate; and what, if any, mitigation will be paid to offset the cost of increased services and
lost revenues. Contra Costa County has been active in working with CSAC and others to
address these issues, as well as the need for funding for participation in the Federal and State
review processes and for mitigation for the existing Class II casino.
90. SUPPORT efforts to ensure that counties who have existing or proposed Class II
Indian gaming facilities receive the Special Distribution Funds.
91. CONSIDER, on a case by case basis, whether or not to SUPPORT or OPPOSE
Indian gaming facilities in Contra Costa County, and only SUPPORT facilities
that are unique in nature and can demonstrate significant community benefits
above and beyond the costs associated with mitiga ting community impacts.
92. OPPOSE the expansion or approval of Class III gaming machines at the existing
gaming facility in Contra Costa County unless it can be demonstrated that there
would be significant community benefits above and beyond the costs associ ated
with mitigating community impacts.
93. SUPPORT State authority to tighten up the definition of a Class II machine.
94. SUPPORT State legislative and administration actions consistent with the CSAC
policy documents on development on Indian Lands and Compact negotiations for
Indian gaming.
Land Use/Community Development Issues
95. SUPPORT efforts to promote economic incentives for "smart growth," including
in-fill and transit-oriented development. Balancing the need for housing and
economic growth with the urban limit line requirements of Measure J (2004) will
rely on maximum utilization of “smart growth” principles.
96. SUPPORT efforts to increase the supply of affordable housing, including, but not
limited to, state issuance of private activity bonds, affordable and low income
Contra Costa County
Proposed 2012 State Platform
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housing bond measures, low-income housing tax credits and state infrastructure
financing. This position supports Goals 2, 3 and 4 of the County General Plan
Housing Element.
97. SUPPORT establishment of a CEQA exemption for affordable housing financing.
Current law provides a statutory exemption from CEQA to state agencies for
financing of affordable housing (Section 21080.10(b) of the California Public
Resources Code and Section 15267 of the CEQA Guidelines)—but not to local
agencies. The current exemption for state agencies is only operational if a
CEQA review process has been completed by another agency (e.g., by the land
use permitting agency). Since the act of financing does not change the
environmental setting, the net effect of the exemption is streamlining the process
for providing financial assistance for already approved projects. AB 2518
(Houston) in 2006 was a Contra Costa County-sponsored bill to accomplish this,
but it was not successful in the Legislature.
98. SUPPORT efforts to obtain a CEQA exemption or to utilize CEQA streamlining
provisions for infill development in unincorporated areas. Section 15332 of the
CEQA Guidelines is a Categorical Exemption for infill development projects but
only within cities. The exemption should also include urbanized unincorporated
areas. The proposal would affect the County’s affordable housing, revitalization,
and redevelopment programs in all unincorporated urbanized areas of the
County. Without the exemption, housing projects in the uninco rporated areas are
subject to a more time-consuming and costly process in order to comply with the
CEQA guidelines than that which is required of cities, despite having similar
housing obligations. Regarding CEQA streamlining, SB 226 (Simitian) limits the
provisions to cities and unincorporated islands. There may be good infill projects
that should qualify for the SB 226 streamlining but do not simply because they
are in a county but not an incorporated island.
99. SUPPORT efforts to reform State housing element law to promote the actual
production and preservation of affordable housing and to focus less on process
and paper compliance.
100. OPPOSE efforts to limit the County’s ability to exercise local land use authority.
101. SUPPORT efforts to reduce the fiscalization of land use decision-making by local
government, which favors retail uses over other job -creating uses and housing.
Reducing incentives for inappropriate land use decisions, particularly those that
negatively affect neighboring jurisdictions, could result in more rational and
harmonious land use.
102. SUPPORT allocations, appropriations, and policies that support and leverage the
benefits of approved Natural Community Conservation Plans (NCCPs), such as
the East Contra Costa County NCCP. Support the grant ing of approximately $20
million to the East Contra Costa County NCCP from the $90 million allocation for
Contra Costa County
Proposed 2012 State Platform
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NCCPs in Proposition 84. Support the position that NCCPs are an effective
strategy for addressing the impacts of climate change and encourage appropriate
recognition of the NCCP tool in implementation of climate change legislation
such as SB 375 and AB 32. Promote effective implementation of NCCPs as a
top priority for the Department of Fish and Game.
103. If the Supreme Court invalidates the Redevelopmen t Restructuring Acts of 2011,
SUPPORT reform of the existing redevelopment process, as appropriate to
consider as part of a budget solution. Specifically, SUPPORT legislation that
would give local agencies specific tools for economic development purposes in
order to enhance job opportunities , with emphasis on attracting and retaining
businesses, and promote smart growth and affordable housing development.
104. OPPOSE legislation that would create substantial uncertainty over the tax
allocation bonds issued by redevelopment agencies and possible negative credit
impact.
Law and Justice System Issues
105. SUPPORT legislation that seeks to curb metal theft by making it easier for law
enforcement agencies to track stolen metals sold to scrap dealers through such
means as requiring identification from customers selling commonly stolen metals,
banning cash transactions over a certain amount, and requiring scrap dealers to
hold materials they buy for a certain period of time before melting them down or
reselling them.
106. SUPPORT legislation that provides a practical and efficient solution to
addressing the problem of abandoned and trespassing vessels and ground
tackle in an administrative process that allows the California State Lands
Commission to both remove and dispose of such vessels and unpermitted
ground tackle. Boat owners in increasing numbers are abandoning both
recreational and commercial vessels in areas within the Commission’s
jurisdiction. Our state waterways are becoming clogged with hulks that break up,
leak, sink and add pollutants to our waterways and marine habitat.
107. OPPOSE legislative proposals to realign additional program responsibility to
counties without adequate funding and protections.
108. OPPOSE legislation that would shift the responsibility of parolees from the state
to the counties without adequate notification, documentation and funding .
109. SUPPORT legislation that will help counties implement the 2011 Public Safety
Realignment as long as the proposal would: provide for county flexibility,
eliminate redundant or unnecessary reporting, and would not transfer more
responsibility without funding.
Contra Costa County
Proposed 2012 State Platform
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Levee Issues, Sacramento-San Joaquin Delta Issues
The County’s Delta Water Platform was developed in mid-2008 to consolidate and organize the
many County policies and positions into one document that could be utilized to guide actions
and advocacy to promote a healthy Sacramento-San Joaquin Delta.
The Delta Water Platform is comprised of fourteen subject areas. Each of these subject
categories contains relevant policies and background explanatory language. Each subject
category is summarized below; the first five are considered priorities. The policies and
background information can be found in the Delta Water Platform, which is included in this
document by reference:
Short Term Actions to be implemented immediately: Includes a broad range of specific,
relatively non-controversial actions to quickly improve the state of the Delta, such as
improvements to levees, the fishery, habitat and emergency response.
Conveyance: Through-Delta and Isolated Conveyance: Consideration of isolated
conveyance must protect and improve the Delta and the entire Bay -Delta ecosystem,
include the broadest range of non-biased scientific analysis of impacts, include levee
repair and all costs of a facility must be paid by beneficiaries.
The Delta Ecosystem: Protection and restoration of an ailing Delta ecosystem has long
been a priority of the Board of Supervisors, including need for additional scientific
research to address fundamental questions, fishery and habitat restoration projects.
Governance: A new or improved system of oversight related to ecosystem and water
management is necessary. The existing Delta Protection Commission land use
governance structure has been successful, requiring no further action. Local
Government representation in any governance structure is paramount.
Levee Restoration: Advocacy for immediate and significant (multi-year) funding and
levee repair is a priority, including upgrades to minimum (PL 84 99) standards for all
levees, and a higher, 200-year level of protection for communities protected by levees.
Stockpiling rock in the Delta specifically for levee repair and continuance of the Long
Term Management Strategy (LTMS) are highly recommended.
Water Quality, Water Quality and Delta Outflow: Protection and improvement of water
quality, quantity and outflow, determination and assurance of adequate water for the
delta ecosystem and examination of the State and Federal project operations (including
potential for reduced exports) are recommended here.
Flood Protection/Floodplain Management: Comprehensive flood management planning
throughout the Delta and its watersheds, as well as funding to bring flood facilities to
200-year levels and revenue generation for flood control d istricts continue to be of
import.
Contra Costa County
Proposed 2012 State Platform
Proposed 2012 State Platform 21
Water Rights and Legislative Protections : Existing area-of-origin and other water rights
protections established for the Delta should be preserved.
Regional Self-Sufficiency: All export regions should be implementing all water supply
options available to them to reduce stress on the Delta as a limited resource.
Emergency Response: Collaborative efforts among the Delta counties to improve
emergency response in the region have been productive and are continuing.
Water Conservation: Landscape and household conservation, maximizing use of
reclaimed wastewater, use of meters, and agricultural water conservation are
recommended.
Water Storage: Multi-purpose storage facilities are recommended and groundwater
storage preferred to surface storage options. Detailed groundwater studies are
recommended.
San Luis Drain/Grasslands Bypass: Long-standing opposition to selenium discharges
from this project entering the Delta and support of in-valley treatment solutions are
ongoing. Continued reduction in drainage from the Grasslands Bypass project is also
monitored.
Climate Change: Impacts of climate change must be considered in planning,
engineering and construction activities.
110. ADVOCATE for administrative and legislative action to provide significant funding
for rehabilitation of levees in the western and central Delta. Proposition 1E,
passed in November 2006, provides for over $3 billion for levees, primarily those
in the Central Valley Flood Control Program. Language is inc luded in the bond
for other Delta levees but funding is not specifically directed. The County will
work on a coalition basis to actively advocate for $1 billion in funding through this
bond.
111. SUPPORT legislation that requires the levee repair funds genera ted by
Proposition 1E be spent within one year. Many public agencies, including
reclamation districts charged with maintaining levees, have complained about the
state’s inaction in allocating and distributing the levee funds that were raised by
the bond sales authorized by Proposition 1E in 2008. Legislation could require
the immediate distribution of these funds to local levee projects. The Delta
Reform Act of 2009 authorized over $202 million for levee repairs. It has been
difficult to obtain explanations from the state as to why these funds are not being
distributed.
112. SUPPORT legislation to amend California Water Code Section 12986, to
maintain the state/local funding ratio of 75/25 for the state’s Delta Levees
Subventions Program, which provides funds for local levee repair and
Contra Costa County
Proposed 2012 State Platform
Proposed 2012 State Platform 22
maintenance projects. The code provisions that have the state paying 75
percent of project costs will expire on July 1, 2013. At that time the matching
ratio will change to 50/50. This means local reclamation districts will ha ve to pay
a larger portion of project costs (50%, compared to their current 25%
requirement). Many districts do not have the funding to do so. This legislative
request could also include direction that the Delta Levees Subventions Program
should continue to use funds from bonds or other dedicated sources, rather than
the state’s General Fund. For the past several years the program has been
funded from bonds. When these bond funds run out, the program will have to be
funded from the General Fund, unless some other new dedicated funding source
is established. This is something that should be included in the next Water Bond,
if and when there is one.
113. ADVOCATE for legislation dealing with the Delta, including levees and levee
programs, level and type of flood protection, beneficiary-pays programs, flood
insurance, liability and other levee/land use issues.
114. SUPPORT legislation/regulation requiring Reclamation Districts to develop,
publish, and maintain hazard emergency plans for their districts. Emergency
response plans are critical to emergency management, particularly in an area or
situation like the Delta where a levee break could trigger other emergencies. This
legislation/regulation should also include the requirement for plan review and
annual distribution of the plan to the residents of the district, County Office of
Emergency Services and other government agencies that have emergency
response interests within the district.
115. SUPPORT legislation to amend California Water Code Section 85057.5 to bring
the Delta Stewardship Council’s “covered actions” land -use review process into
consistency with CEQA. This section of state code defines a “covered action,”
which refers to local permit decisions that are subject to potential revocation by
the Delta Stewardship Council, as proposed in the Council’s Delta Plan. The
proposed process works as follows: (1) if a local permit application meets the
definition of a “covered action,” the jurisdiction must evaluate it for consistency
with all of the policies in the Stewardship Council’s Delta Plan. (2) If the
jurisdiction finds the project is consistent with the Delta Plan, they notify the
Stewardship Council of this finding. (3) Anyone who objects to the project may
appeal the consistency finding, and it will be up to the Stewardship Council to
make the final decision. Should the Stewardship Council decide against the local
jurisdiction, there is no appeal process available to the jurisdiction or project
applicant other than legal action.
“Covered actions” are defined in Section 85057.5 of the California Water Code.
It defines them as plans, projects or programs as defined by CEQA, and then
goes on to grant several exemptions to certain types of projects. It does not,
however, provide exemptions for all the project types that CEQA itself exempts.
CEQA provides a lengthy list of categorical exemptions for plans, projects and
Contra Costa County
Proposed 2012 State Platform
Proposed 2012 State Platform 23
programs that generally do not have significant environmental impacts, and
projects that have compelling reasons to move forward quickly (su ch as public
safety projects). The entire list of categorical exemptions from CEQA also should
be exempt from the Delta Stewardship Council’s “covered actions” process .
Library Issues
116. SUPPORT State financial assistance in the operation of public libraries, including
full funding of the Public Library Fund (PLF) and the Direct/Interlibrary Loan
(Transaction Based Reimbursement) program.
117. SUPPORT State bonds for public library construction. The 2000 library
construction bond provided funding for two libraries in Contra Costa County.
There is currently a need of approximately $289,000,000 for public library
construction, expansion and renovation in Contra Costa County.
118. SUPPORT continued funding for the California Library Literacy and English
Acquisition Services Program, which provides matching funds for public library
adult literacy programs that offer free, confidential, one-on-one basic literacy
instruction to English-speaking adults who want to improve their reading, writing,
and spelling skills.
Telecommunications Issues
119. SUPPORT clean-up legislation on AB 2987 that provides for local emergency
notifications similar to provisions in cable franchises for the last 20 years.
Currently our franchises require the cable systems to carry emergency mess ages
in the event of local emergencies. With the occurrence of several local refinery
incidents, this service is critical for Contra Costa. Under federal law, Emergency
Alert System requirements leave broad discretion to broadcasters to decide
when and what information to broadcast, emergency management offices to
communicate with the public in times of emergencies.
120. SUPPORT preservation of local government ownership and control of the local
public rights-of-way. Currently, local government has authority over the time,
place, and manner in which infrastructure is placed in their rights -of-way. The
California Public Utilities Commission is considering rulemaking that would give
them jurisdiction to decide issues between local government and
telecommunication providers.
Transportation Issues
121. SUPPORT increased flexibility in the use of transportation funds. The County
supports an amendment to the Subdivision Map Act to allow the use of off -site
transportation impact fees to fund pedestrian, bicycle transit and traffic calming
facilities necessitated by new development. The Act currently limits the use of
Contra Costa County
Proposed 2012 State Platform
Proposed 2012 State Platform 24
these funds to improvements to bridges and “major thoroughfares.” Senator
DeSaulnier introduced such a bill in 2008. The County’s proposal was adopted
by CSAC for its legislative platform in the 2011 session. The proposal would
provide more flexibility in how we can use an existing transportation funding
source.
122. SUPPORT regional coordination that provides for local input in addressing
transportation needs. Coordinated planning and delivery of public transit,
paratransit, and rail services will help ensure the best possible service delivery to
the public. Regional coordination also will be needed to effectively deal with the
traffic impacts of Indian gaming casinos such as those in West County. Regional
coordination also will be essential to complete planning and development of
important regional transportation projects that benefit the state and local road
system such as State Route 239, improvements to Vasco Road, completion of
remaining segments of the Bay Trail, improvements to the Delta DeAnza
Regional Trail, and the proposed California Delta Trail. There may be interest in
seeking enhanced local input requirements for developing the Sustainable
Communities Strategy for the Bay Area mandated by SB 375 for greenhouse gas
reduction. It is important that the regional coordination efforts are based on input
gathered from the local level, to ensure the regional approach does not
negatively impact local communities. “Top-down” regional planning efforts would
be inconsistent with this goal.
123. SUPPORT efforts to improve safety throughout the transportation system. The
County supports new and expanded projects and programs to improve safety for
bicyclists, pedestrians and wheelchair users, as well as projects to improve
safety on high-accident transportation facilities such as Vasco Road. Data on
transportation safety would be improved by including global positioning system
(GPS) location data for every reported accident to assist in safety analysis and
planning. The County also supports school safety improvement programs such
as crossing guards, Safe Routes to Schools (SR2S) grants, efforts to improve the
safety and security of freight transportation system in cluding public and private
maritime ports, airports, rail yards, railroad lines and sidings. The County also
supports limits or elimination of public liability for installing traffic -calming devices
on residential neighborhood streets.
124. SUPPORT funding or incentives for the use of renewable resources in
transportation construction projects. The County seeks and supports grant
programs, tax credits for manufacturers, state purchasing programs, and other
incentives for local jurisdictions to use environment ally friendly materials such as
the rubberized asphalt (made from recycled tires) that the County has used as
paving material on San Pablo Dam Road and Pacheco Boulevard.
125. SUPPORT streamlining the delivery of transportation safety projects. The length
of time and amount of paperwork should be reduced to bring a transportation
safety project more quickly through the planning, engineering and design,
Contra Costa County
Proposed 2012 State Platform
Proposed 2012 State Platform 25
environmental review, funding application, and construction phases , such as for
Vasco Road. This could include streamlining the environmental review process
and also streamlining all state permitting requirements that pertain to
transportation projects. Realistic deadlines for use of federal transportation funds
would help local jurisdictions deliver complex projects without running afoul of
federal time limits which are unrealistically tight for complex projects.
126. SUPPORT efforts to coordinate development of state-funded or regulated
facilities such as courts, schools, jails, roads and state offices with local planning.
The County supports coordinating planning between school districts and local
jurisdictions in locating and planning new schools and funding programs that
foster collaboration and joint use of facilities to help finance off-site transportation
improvements for access to schools.
127. SUPPORT regional aviation transportation planning efforts for coordinated
aviation network planning to improve service delivery. Regional aviation
coordination could also improve the surrounding surface transportation syste m
by providing expanded local options for people and goods movement.
128. SUPPORT efforts to increase waterborne transport of goods and obtaining funds
to support this effort. The San Francisco to Stockton Ship Channel is a major
transportation route for the region, providing water access to a large number of
industries and the Ports of Sacramento and Stockton. A project is underway to
deepen the channel, providing additional capacity to accommodate increasing
commerce needs of the Ports and providing better operational flexibility for the
other industries. Increased goods movement via waterways has clear benefits to
congestion management on highways and railroads (with resultant air quality
benefits).
Waste Management
129. SUPPORT legislation that establishes producer responsibility for management of
their products at the end of their useful life.
130. SUPPORT efforts to increase the development of markets for recycled materials.
131. SUPPORT legislative and regulatory efforts to allow third parties, under specific
circumstances and conditions, to collect and transport household hazardous
waste to collection facilities.
132. SUPPORT legislation that seeks to remedy the environmental degradation and
solid waste management problems on a State-wide basis of single-use plastic
bags typically given away for free at grocer, retail and other establishments .
133. SUPPORT legislation that does not require increased diversion from landfills
without out an adequate funding mechanism.
Contra Costa County
Proposed 2012 State Platform
Proposed 2012 State Platform 26
134. SUPPORT legislation that would make changes to the used tire redemption
program. Instead of collecting a disposal fee from the consumer when new tires
are purchased, a disposal fee would be collected at the wholesale level and
redeemed by the disposal site when the used tires are brought to the site. The
party bringing the tires to the disposal site would also receive a portion of the fee.