HomeMy WebLinkAboutMINUTES - 01142014 - D.2RECOMMENDATION(S):
1. ACCEPT the Year-End reports on the County’s 2013 federal and state legislative programs.
2. ADOPT the Contra Costa County 2014 Federal and State Legislative Platforms, as recommended by the
Legislation Committee.
3. DIRECT the County Administrator to return to the Board of Supervisors, as necessary, to update the County’s 2014
Legislative Platforms to reflect intervening legislative actions.
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 Legislation Committee
and/or 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 2014
Federal and State Legislative Platforms.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 01/14/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
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 14, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.2
To:Board of Supervisors
From:LEGISLATION COMMITTEE
Date:January 14, 2014
Contra
Costa
County
Subject:2014 Federal and State Legislative Platforms and 2013 Year-End Legislative Activity Reports
FISCAL IMPACT:
No direct impact to the County from the acceptance of the Year-End reports and the adoption of the Legislative
Platforms.
BACKGROUND:
Each January, Year-End reports are submitted to the Board of Supervisors on the County’s federal and state
legislative programs and activities for the prior calendar year. At the same time, the Board of Supervisors also
considers the Federal and State Legislative Platforms for the coming year.
Year-End reports for 2013 were prepared by the County's federal advocates, Alcalde & Fay--represented by Mr.
Paul Schlesinger, and 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 Cunningham, provided input into the development of the Year-End Reports and the
Legislative Platforms, along with staff of Public Works and other affected departments. The public provided input
into the development of the Platforms at Legislation Committee meetings.
The Legislation Committee reviewed the Draft 2014 Federal and State Platforms at their meeting in December
2013 and recommend that the Board of Supervisors adopt the 2014 Proposed Platforms, as amended.
2013 FEDERAL LEGISLATIVE PROGRAM YEAR-END REPORT
Despite an increasingly partisan and immobilized Congress and the continuing restrictions on earmarks, we are
pleased to report significant progress on several fronts important to Contra Costa County.
Funding was obtained for water resources projects that are high on the County’s priority list. As a result of our
efforts with the County, the following projects were funded in the FY 2013 work plan for the Army Corps of
Engineers, totaling $4,540,900 for County projects:
Construction
San Francisco Bay to Stockton Channel Deepening Project- $1,546,900
Operations & Maintenance
San Pablo Bay & Mare Island Strait Dredging - $499,000
Suisun Bay Channel Dredging- $2,495,000
In addition to funding, we assisted the County in advancing solutions to a number of policy and process issues
with the Army Corps of Engineers, including levee vegetation policy issues and credit for work-in-kind.
With respect to levee vegetation, HR 399 was introduced by Congresswoman Matsui and co-sponsored by our
delegation, requiring the Army Corps to undertake a comprehensive policy review of their guidelines on
vegetation management for levees. Provisions addressing the levee vegetation issue were included in both the
Senate Water Resources Development Act (WRDA) and House Water Resources Reform and Development Act
(WRRDA) bills, as well as in the House Energy & Water Appropriations bill. The final resolution will be
reflected in the WRDA/WRRDA conference report.
(Note: The conference committee on the water resources bill will continue its work in 2014. Despite making
progress in December 2013, conferees working to resolve differences between the Senate’s Water Resources
Development Act (S. 601) and the House’s Water Resources Reform and Development Act (H.R. 3080) ran out
of time. One of the biggest differences being considered by conferees is the process for authorizing Army Corps
navigation, flood control and wetland restoration projects – the Senate bill would authorize about $5.7 billion in
projects through 2018, while the House bill would authorize 23 projects at about $3.1 billion over five years. Until
now, Congress has used earmarks to designate Corps projects in the legislation – a practice that conflicts with the
current earmark moratorium. The House and Senate bills address many water resources issues important to
current earmark moratorium. The House and Senate bills address many water resources issues important to
counties, including Corps Vegetation Management policy clarifications, language that would include state and
local governments in decision-making processes, pilot programs that allow local governments the lead role in
implementing projects and studies, levee safety, and invasive species.)
Also included in the House version of WRDA is a provision we requested that will deauthorize the lowest reach
of Lower Walnut Creek. The Contra Costa County Flood Control & Water Conservation District is asking the
Corps to relinquish federal oversight of a small portion of the Corps-constructed Walnut Creek project.
Deauthorization is a process where Congress directs the Corps to remove a portion of a Corps-constructed facility
from the federal system, allowing additional local control and oversight of a facility. The deauthorization will
facilitate making improvements to the existing facilities in a manner that will enhance ecosystem values without
undue federal interference.
With respect to the Delta Counties Coalition, we continued to coordinate efforts with the County and other
participants of the coalition to ensure decision-makers in Washington were aware of our concerns regarding the
proposed Bay Delta Conservation Plan (BDCP). They have continued their very strong efforts on our behalf.
Advocacy related to the Sacramento-San Joaquin Delta
We have been pleased to work with County officials and staff in advocating with the federal government to help
develop and achieve the County’s objectives with regard to the Delta. Our efforts on the County’s behalf have
been in conjunction with other federal advocates working on behalf of their clients; other members of the Delta
Counties Coalition (DCC). Moreover, we have assisted the County in playing a lead role within the DCC on
developing and implementing Delta strategies as they relate to the Army Corps of Engineers.
During DCC trips to Washington, we have secured meetings with senior Corps officials, in addition to
coordinating scheduling for the DCC and arranging for many of the meetings that have been scheduled with
Congress and the Executive Branch. We have been the lead among DCC advocates with regard to work not just
with the Corps but with the House Committee on Transportation and Infrastructure, the Senate Committee on
Environment and Public Works, the Senate and House Appropriations Committees, Senators Boxer and Feinstein,
Congressmen Miller, McNerney, Swalwell, Thompson, and Huffman, and the Office of Management and Budget.
Federal grant funding for County projects
During 2013 we continued to work with the County to gain access to funding that is made available through
various federal grant programs, and we were pleased that the County’s grant initiatives met with positive results.
The County was awarded significant funding from the Office of Justice Programs at the Department of Justice
(DOJ), including $750,000 in a second round of Second Chance Act funds to fund reentry services; $411,000 from
the Smart Probation program; $400,000 for its domestic violence initiative, and $200,000 assessment/planning
grant from DOJ as part of the agency’s Domestic Violence Homicide Prevention Demonstration Initiative. In
addition, the Country was awarded $399,946 from the SAMHSA’s Gains Center for Behavioral Health and
Justice Transformation for the County’s Behavioral Health Treatment Court Collaborative.
Funding for Mt. Diablo Mercury Mine Clean-up
We continued to work this year toward securing federal funding in the amount of $483,000 for clean-up of the Mt.
Diablo Mercury Mine. Given the current moratorium on earmarks, we recognized that it would not be possible to
secure a line-item appropriation for this important project. But, with the language that we previously worked to
include in the Statement of Managers accompanying the 2007 Water Resources Development Act (WRDA),
which directed the Army Corps to give priority consideration to the Mt. Diablo Cleanup when allocating funds
made available for the Remediation of Abandoned Mine Sites program (RAMS), we also recognized that any
funding made available by the Appropriations bill for the general RAMS program is almost certain to be provided
for our cleanup.
We are pleased that the Senate Energy and Water Appropriations bill, at the County’s request, includes $1 million
for the RAMS program. If Congress can produce an Appropriations bill for the Army Corps of Engineers (Energy
and Water Appropriations), as opposed to folding the funding for such programs under a Continuing Resolution,
and even if this amount is reduced in conference committee, it would appear that there will be sufficient funds to
allow the Corps to provide the $483,000 we require for Mt. Diablo Clean-Up.
To set the County up for this apparent success, we helped develop the legislative strategy, secured meetings with
pertinent congressional staff when County officials were in D.C. in the spring, accompanied County personnel to
the meetings, and then followed up with staff from the County’s congressional delegation and the Appropriations
Committees throughout the year.
Other Advocacy Projects
In addition to managing the issues on the County’ legislative platform, we have also assisted the County when
new issues surfaced that required attention or communication with our delegation. Below are a few examples that
illustrate the breadth of our support for the County:
Communicated to our delegation the County’s plans for a call center in Concord to support a health
benefits exchange center;
Researched and provided the County with information on congressional gun violence prevention initiatives;
Monitored status of CDBG funding and provided executive summaries to the County;
Provided correspondence to our delegation in support of $1 million appropriation for the RAMS program,
which will be a revenue source of the Mt. Diablo Mercury Mine project;
Distributed the County’s Reentry Resource Guide to our congressional delegation;
Provided the County with an update on the Drug Enforcement Administration’s drug disposal rules;
Provided the County with an update on H.R. 82, which related to hospital security;
Provided support letters to our delegation regarding H.R. 205 related to pension reform;
Assisted the County on tribal gaming issues regarding the Scotts Valley Band of Pomo Indians.
We were also pleased to help coordinate the trip to Washington in March 2013 by County Supervisors and senior
staff. This trip was helpful to the County, and to those in our delegation, 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. In addition to meeting with our
Congressional delegations, we met with a range of committee staff as well as representatives from the Army
Corps and the Department of Justice.
Activities such as these certainly contribute to the perception around Capitol Hill and elsewhere in Washington
that Alcalde & Fay serves as the County’s office in Washington D.C.; a place that these offices can call, trusting
that they will be communicating, if through an agent, with appropriate County officials.
As always, it has been a privilege to represent the County with their efforts as they relate to the federal
government.
PROPOSED 2014 FEDERAL LEGISLATIVE PLATFORM
Each fall, the County Administrator’s Office initiates the development of the coming year’s State and Federal
Legislative platforms by inviting members of the Board of Supervisors, Department Heads and key staff to
provide recommended changes or additions to the current Platforms. On October 1, 2013, departments were
invited to provide suggested changes to the Federal Platform by submitting input in writing. Staff also consulted
with our federal lobbyist, Paul Schlesinger of Alcalde & Fay, who informed the development of the County’s
Draft 2014 Federal Platform.
The Legislation Committee reviewed the 2013 Draft Federal Platform in December, the Transportation, Water
and Infrastructure Committee also reviewed relevant sections of the Federal Platform (TWIC), and both
Committees recommend that the Board of Supervisors adopt the Proposed 2014 Federal Platform as amended.
(See Attachment A, Proposed 2014 Federal Platform.)
The 2014 Federal Legislative Platform identifies 10 funding needs for FFY 2015; 4 requests for the
reauthorization of the federal transportation act; and 6 requests for the reauthorization of the Water Resources
Development Act.
FEDERAL FUNDING NEEDS
Changes from the 2013 Federal Platform: Owing to the fact that appropriations requests, also known as federal
earmarks, are no longer being considered by Congress in the federal budget development process, the County no
longer identifies projects for appropriation but instead recognizes funding needs for federally-sponsored projects.
The Proposed Platform includes 10 identified needs for FFY 2015, a reduction of two projects from 2013. The
projects removed from the Proposed Platform include an Army Corps of Engineers project related to Lower
Walnut Creek and funding for County operation of a VHF Public Safety Radio System, a backup to the East Bay
Regional Communication System (EBRCS) system. With regard to the Lower Walnut Creek project, if the Water
Resources Development Act (WRDA) is successfully passed, the WRDA bill could include a provision to
deauthorize the project from Army Corps control, so federal funding would not be appropriate. (Note the inclusion
of the Lower Walnut Creek deauthorization project in the WRDA section of the Proposed Platform.)
REAUTHORIZATION OF THE FEDERAL TRANSPORTATION ACT
Changes from the 2013 Federal Platform: Minor text changes to projects are proposed. These text changes
include clarification of the identification of "several potential alignments" for the North Richmond Truck Route
Project (p. 5), and other minor text changes to the Rural Road Funding Program, and the Highway Bridge Funding
program. (pp. 5-6).
REAUTHORIZATION OF WATER RESOURCES DEVELOPMENT ACT (WRDA)
Changes from the 2013 Federal Platform: None proposed.
APPROPRIATIONS AND GRANTS SUPPORT POSITIONS
Changes from the 2013 Federal Platform: Text changes to support positions for Buchanan Field Airport and
Byron Airport to specify infrastructure improvements to Buchanan Field to include "potential replacement of the
60 year old control tower," and to clarify for Byron Airport that "full build out of the airport as shown in the
Master Plan" is dependent on "utility" and infrastructure improvements. (p. 8)
Other proposed changes include:
Kirker Pass Road Truck Climbing Lanes: Text changes to update the funding needed to complete the project. (p.
9)
Regional Habitat Planning and Conservation: Text changes to the policy related to the U.S. Fish and Wildlife
Service’s “Cooperative Endangered Species Conservation Fund” to include: “The County will pursue increasing
appropriations to the Fund in partnership with numerous counties in northern and southern California and will
support requests of the California Habitat Conservation Planning Coalition to increase the Fund up to $85
million .” (p. 9)
FEDERAL POLICY POSITIONS
Changes from the 2013 Federal Platform: Text changes are proposed to the following policy positions.
Child Care Issues: (p. 11) “Research continues to show that quality, affordable childcare is a necessity to
ensuring a family’s stability and economic success. Currently in Contra Costa County, there are over 10,000
low-income children eligible for affordable childcare services, yet only 29% of that need is met. Research also
shows that in addition to a child’s long-term success with school and employment, investing in high-quality early
care and education results in a higher than average return on investments in the areas of crime reduction and
positive health, education and economic outcomes.
With regards to childcare, the County will support the President’s “Preschool for All” Initiative meant to close
America’s school readiness gap and ensure all children have access to quality care by expanding high quality
learning opportunities for children 0-5. This proposal includes:
An increase of over 100,000 new childcare slots and $12 billion over the next 10 years;
A focus on children and their families who are at or below 200% of poverty;
Financing through a new cost-sharing partnership with states, already a proven successful model with Head
Start in Contra Costa County.”
Veterans Halls : (p. 19) Add policy: "The County will support legislation to provide America’s veterans
organizations with resources to make necessary repairs to their meeting halls and facilities.
Across America, the meeting halls and posts of Veterans Service Organizations such as the American Legion and
Veterans of Foreign Wars serve as unofficial community centers. Unfortunately, many of these facilities have
deteriorated in recent years due to declining membership and reduced rental revenues as a result of the economic
downturn.
The County will support legislation that would create a competitive grant program for veterans’ organizations,
classified by the IRS as 501c19 non-profit organizations and comprised primarily of past or present members of
the United States Armed Forces and their family members, to use for repairs and improvements to their existing
facilities."
Water Quality, Quantity and Delta Outflow : (p. 19) Add policy: “Congress may consider legislation that could
adversely affect water quality, quantity and flows in the Sacramento-San Joaquin Delta to the detriment of the
County residents, economy and resources. The Board of Supervisors will rely on it adopted Delta Water Platform
to determine the appropriate response to federal legislative issues brought to the Board’s attention.”
2013 STATE LEGISLATIVE PROGRAM YEAR-END REPORT
October 13 marked the Governor’s signing deadline for all 2013 legislation. Upon issuing his last legislative
update, the Governor signed a total of 1,003 measures and vetoed 96. Since taking the helm as the Governor of
California for the third time in January 2011, Governor Brown has signed approximately 2,714 measures out of
the 3,011 sent to his desk, or about 90 percent. As for vetoes, the Governor has only rejected some 297 bills, or
almost 10 percent. Such liberal use of his signing pen is of note as it may signal what one should expect during
the final half of the 2013–14 biennial session.
Throughout the entire legislative year, County staff and our state lobbyist, Cathy Christian of Nielsen Merksamer
Parrinello Gross & Leoni, were actively engaged in representing the County’s legislative positions and
participated extensively in the budget process to ensure an appropriate response to statewide issues affecting
county government. In addition to reviewing measures lawmakers introduced for impacts on County business, we
actively monitored more than 140 bills to ensure they were not amended to negatively impact the County. We also
followed 10 bills pertaining to the Delta and water. Staff and our state advocate remain extremely active in
responding to bills affecting the Delta in conjunction with the Delta Counties Coalition.
responding to bills affecting the Delta in conjunction with the Delta Counties Coalition.
As required, each year our state lobbyist submits a “Year-End Report” summarizing the major legislative activities
and advocacy undertaken during the year on behalf of Contra Costa County. That report is included in Attachment
B.
PROPOSED 2014 STATE LEGISLATIVE PLATFORM
Each fall, the County Administrator’s Office initiates the development of the coming year’s State and Federal
Legislative platforms by inviting members of the Board of Supervisors, Department Heads and key staff to
provide recommended changes or additions to the current Platforms. On October 1, 2013, departments were
invited to meet with our State lobbyist in person and/or provide suggested changes to the State Platform by
submitting input. Staff also participated in the annual Urban Counties Caucus “Key Staff” meeting on the
development of UCC Priorities and Policies for 2014, which informed the County’s Draft 2014 State Platform.
The Legislation Committee reviewed the Draft 2014 State Platform in December, with the Proposed 2014 State
Platform recommended to the Board of Supervisors for adoption, as amended. (See Attachment C.)
COUNTY-SPONSORED LEGISLATION
Changes from the 2013 State Platform: The 2013 State Platform did not include any County-sponsored
legislation. For 2014, a sponsored bill is recommended:
Seek legislation to make the Contra Costa County Employee Retirement Association (CCCERA) the
statutory employer for all purposes of staff serving at CCCERA. The proposed legislation would implement
a court-approved settlement agreement between the County and CCCERA concerning the entities'
respective rights and responsibilities for staff working at CCCERA. (p. 2)
LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES
Changes from the 2013 State Platform: The recommended priorities for 2014 do not differ from those of 2013,
however, they have been updated to reflect the current status of the issues.
STATE PLATFORM POLICY POSITIONS
Changes from the 2013 State Platform:
Agricultural Issues
Text changes to policy # 4 related to invasive aquatic species in the Delta: “….to rid the Delta of this and
other invasive aquatic species through integrated pest management methods. …. to secure multi-year
permits for eradication of multiple invasive aquatic plant species in the Sacramento-San Joaquin Delta, its
tributaries, and its marshes.” (p. 6)
Climate Change Issues
Text changes to policy # 19 related to the allocation of funding from the California Greenhouse Gas Cap
and Trade Program: “….to jurisdictions that….have disadvantaged communities that are disproportionately
affected by environmental pollution, and have demonstrated a local commitment to climate protection (e.g.
established emissions reduction targets, prepared Climate Action Plans, etc.). (p. 9)
Emergency Preparedness, Emergency Response
Text changes to policy #23 related to training volunteers: “….provide funding for Community Emergency
Response Training (CERT)….” (p. 10)
Delete 2013 policy #28: SUPPORT legislation or other measures that will enable the Department of Water
Resources to easily and quickly enter into contracts with local entities that need assistance in planning for
emergency response. (Issue has been resolved.)
Flood Control and Clean Water Issues
Text changes to policy #31 related to options to fund stormwater programs: “Stormwater services,
encompassing both water quality and drainage/flood control, could be structured like a utility….” (p. 11)
Add policy #34: SUPPORT legislation to enable Zone 7 Water Agency to become a new public agency,
separate and apart from the Alameda County Flood Control and Water Conservation District, with territory
in both Alameda and Contra Costa counties and the power to provide specific services, insofar as the
legislation is guided by adopted Principles of Understanding. (p. 11)
General Revenues/Finance Issues
Minor text change to policy #43 regarding reduction in the 2/3rd vote requirement to 55% voter approval for
locally-approved special taxes to add “services” to the word “Stormwater.” (p. 12)
Health Care Issues
Move policy #58 to “Human Services Issues” as it deals with Medi-Cal administration and eligibility.
Add policy #81: SUPPORT legislation that extends the restrictions and prohibitions against the smoking of
tobacco products to include restrictions or prohibitions against electronic cigarettes (e-cigarettes) in various
places, including, but not limited to, places of employment, school campuses, public buildings, day care
facilities, retail food facilities, multi-family housing, and health facilities. (p. 16)
Human Services Issues
Amend policy #82 related to County flexibility in use of CalWORKs funds and in program requirements to
separate out support for efforts to align CalWORKs property and asset limitations with those of CalFresh
as 2014 policy #83. (p. 17)
Minor text changes to policy #88 related to management of the IHSS program to strike redundant wording.
(p. 17)
Delete 2013 policy #88: SUPPORT efforts to eliminate the finger-imaging requirement for adult food stamp
applicants, recognizing the fraud deterrent aspects of the Electronic Benefits Transfer System. (This has
been accomplished.)
Delete 2013 policy #94: 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. (This has been accomplished through Realignment.)
Add policy #95: SUPPORT continued and improved funding for substance abuse treatment and mental
health services including those that provide alternatives to incarceration and Laura’s Law. (p. 18)
Add policy #96: 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. (p. 18)
Add policy #97: SUPPORT legislation to expand child early care and education and increase funding for
preschool and early learning. (p. 18)
Add policy #98: SUPPORT legislation to allow individuals convicted of drug-related felonies to receive
federal CalFresh (food stamps) benefits. Banning convicted drug felons who have completed their
sentences from critical public assistance, including food stamps, runs contrary to state and federal
initiatives intended to reduce recidivism by easing prisoner reentry and fostering prisoner reintegration
into society. The drug felon rule has been the subject of much criticism by drug treatment providers,
advocates for the poor and law enforcement organizations because it permanently disqualifies needy
persons from receiving assistance and interferes with their recovery. (p. 18)
Land Use/Community Development Issues
Text changes to policy #107 regarding obtaining a CEQA exemption or utilizing CEQA streamlining
provisions for infill development or Priority Development Areas to clarify the relevancy to unincorporated
areas and describe recently passed related legislation. (p. 20)
Text change to policy #112 related to tools for local agencies for economic development purposes to add
the consideration: while balancing the impacts on revenues for health and safety programs and healthy
communities. (p. 21)
Add policy #115: SUPPORT legislation that would clarify the ability of successor agencies to former
redevelopment agencies to enter into contracts with its sponsoring jurisdiction and third parties to fulfill
enforceable obligations. The existing redevelopment dissolution statute limits the contracting powers of
successor agencies which is causing delays their ability to expeditiously retire certain enforceable
obligations of the former redevelopment agencies.(p. 21)
Law and Justice Systems Issues
Add policy #126: SUPPORT legislation that will combat the negative impact that human trafficking has on
victims in our communities, including the impact that this activity has on a range of County services and
supports, and support efforts to provide additional tools, resources and funding to help counties address this
growing problem. (p. 22)
Add policy #127: SUPPORT legislation amending Government Code Section 24011 to allow the Board of
Supervisors of Contra Costa County to appoint the Public Administrator by ordinance of the Board,
separate the Public Administrator from the District Attorney, and place the position with another County
department. (p. 22)
Levee Issues, Sacramento-San Joaquin Delta Issues
Updates to this section will be made in 2014 when a more comprehensive update to the County’s Water Platform
is completed and presented to the Board of Supervisors .
Minor text changes to policy #129 related to Prop. 1E funding for levee repairs to support legislative
hearings on the matter of expediting expenditures of bond proceeds: Legislative hearings may produce
explanations from the state as to why these funds are not being distributed or identify methods to streamline
administration of these funds. (p. 24)
Transportation Issues
Text change to policy #139 related to increased flexibility in the use of transportation funds to delete what
has been accomplished: 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 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. (p. 26)
Text changes to policy #141 related to improving safety throughout the transportation system, including on
rail bridges. (p. 27)
Text changes to policy #145 related to coordinated planning between school districts, the state, and local
jurisdictions. Policy supports reform that includes school zone references in the vehicle code and efforts to
finance off-site transportation improvements for improved access to existing schools. (p. 27-28)
Veterans Issues
This is a newly created section.
Add policy #148: SUPPORT legislation and budget actions that will continue the state's annual local
assistance for County Veterans Service Offices at the $5.6 million level. The eventual goal is to fully fund
CVSOs by appropriating the full $11 million in local assistance funding as reflected in Military and
Veterans Code Section 972.1(d). County Veterans Service Offices (CVSOs) play a vital role in the local
veteran community, not only within the Veterans Affairs claims process, but in other aspects as well. This
includes providing information about all veterans’ benefits (Federal, State and local), as well as providing
claims assistance for all veteran-related benefits, referring veterans to ancillary community resources,
providing hands-on development and case management services for claims and appeals and transporting
local veterans to VA facilities. (p. 28)
Add policy #149: SUPPORT legislation and budget actions that will provide veterans organizations with
resources to make necessary repairs to their meeting halls and facilities. Across California, the meeting
halls and posts of Veterans Service Organizations such as the American Legion and Veterans of Foreign
Wars serve as unofficial community centers. Many of these facilities have deteriorated in recent years due
to declining membership and reduced rental revenues as a result of the economic downturn. The County
will support legislation that would create a funding program for veterans’ organizations, classified by the
IRS as 501c19 non-profit organizations and comprised primarily of past or present members of the United
States Armed Forces and their family members, to use for repairs and improvements to their existing
facilities . (p. 28)
Waste Management Issues
Minor text change to policy #150 to add producer responsibility for "veterinary medicine." (p. 29)
Minor text changes to policy #156 related to importation of waste to privately-operated landfills and the
requirements of the host County “that receives a significant amount of waste from outside the county…” (p.
29)
Minor text change to policy #157 related reducing the amount of harmful pharmaceuticals "(including
veterinary medicine)" that ultimately enter “bodies of water…” (p. 30)
Minor text change to policy #159 related to the County’s regulatory authority to control the collection and
disposal of solid waste generated within the unincorporated areas to add clarifying language: “In litigation
where the County sought to protect its solid waste franchise authority for unincorporated areas the court
awarded franchise authority to the Rodeo Sanitary District and Mountain View Sanitary District while the
County remains exposed to state penalties for failing to meet state mandates for reducing disposal of solid
waste generated in these areas.” (p. 30)
CONSEQUENCE OF NEGATIVE ACTION:
If the Board of Supervisors does not adopt a State and/or Federal Platform for 2014, the County will not have an
approved platform from which to advocate for state and federal policies.
CLERK'S ADDENDUM
Speakers: Rollie Katz, Public Employees' Union Local One, encouraged support for legislation to lower the the
2/3 threshold required for increasing local and property taxes to 55% and suggested examining the possibility
of reviewing the frequency of how often commercial properties are reassessed; Alex Alifaris, resident of
Contra Costa, urged the Board to rethink its position on the 2/3 threshold, anticipating that tax increases would
further discourage business and property owners from doing business in California. ADOPTED the
recommendations as presented; and REFERRED the matter of reexamination of assessment practices for
commercial properties to the Legislation Committee.
ATTACHMENTS
Attachment B: 2013 State Year-End Report
Attachment A: Proposed 2014 Federal Platform
Attachment C: Proposed 2014 State Platform
Proposed 2014 Federal Platform
Proposed 2014 FEDERAL
LEGISLATIVE
PLATFORM
Contra Costa County
January 14, 2014
2
2014 FEDERAL LEGISLATIVE PLATFORM
CONTRA COSTA COUNTY
Each year, the Board of Supervisors adopts a Federal Legislative Platform that establishes
priorities and policy positions with regard to potential federal legislation and regulation. The
2014 Federal Legislative Platform identifies 10 funding needs for FFY 2015; 4 requests for the
reauthorization of the federal transportation act; and 6 requests for the reauthorization of the
Water Resources Development Act.
FEDERAL RELATED FUNDING NEEDS
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 – $3,000,000 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; $0 since.)
2. Safe and Bright Futures for Children Exposed to Domestic Violence – $400,000 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. 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 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.)
Proposed 2014 Federal Legislative Platform
Contra Costa County
3
3. Mt. Diablo Mercury Mine Clean-up – $483,000 for the Army Corps of Engineers to
complete the Technical Planning Process for the Mt. Diablo Mercury Mine Clean-up 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. Several phases of the planning process have been completed, and this
appropriation will allow the Corps to continue the planning process, which will include looking
at watershed issues downstream of the mercury mine. 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 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. CALFED Bay Delta Reauthorization Act Levee Stability Improvement Program (LSIP) –
$8,000,000 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 breakdown of CALFED, coupled with the Army Corps’ attempts 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.)
6. Suisun Bay Channel/New York Slough Maintenance Dredging – $11,000,000 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.)
7. San Pablo/Mare Island Strait/Pinole Shoal Channel Maintenance Dredging – $2,500,000
for the Army Corps of Engineers 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.)
4
8. San Francisco to Stockton (J. F. Baldwin and Stockton Channels) Ship Channel
Deepening – $2,900,000 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; $0 for FFY 2011; $800,000 for FFY 2012.)
9. State Route 4 / Old River Bridge Study – $1,000,000 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.)
10. Knightsen/Byron Area Transportation Study - $300,000 to re-evaluate the Circulation
Element of the County General Plan (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. 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.
REAUTHORIZATION OF FEDERAL TRANSPORTATION ACT
The Safe, Accountable, Flexible and Efficient Transportation Equity Act – A Legacy for Users (SAFETEA-LU),
expired in 2009. SAFETEA-LU was renewed on ten occasions until the new program, Moving Ahead for Progress in
the 21st Century Action (MAP-21) - a two year bill – was signed into law on July 6, 2012. MAP-21 is a 27-month
bill that will expire September 30, 2014. The following are priority projects for which funding will need to be secured
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 existing 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 undercrossings to preserve migration patterns. The proposed
improvements will complement a $10 million completed project that was funded with American
Recovery and Reinvestment Act funds.
Proposed 2014 Federal Legislative Platform
Contra Costa County
5
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.
2. North Richmond Truck Route -- $25 million 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,
improve 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. Several potential alignments have been identified, one of which was
developed through a community planning process funded through an Environmental Justice
planning grant from Caltrans.
3. Eastern Contra Costa Trail Network -- $10 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 Mokelumne Trail overcrossing of the State Route 4 Bypass ($6 million); (2)
Contra Costa segments of the Great California Delta Trail ($3 million); and (3) a transit
supportive network of East Contra Costa trails in unincorporated County areas and the cities of
Antioch, Brentwood, Oakley and Pittsburg ($1 million).
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, but 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. (Potential Program: FTA – New Starts, FHWA/FTA
Congestion Mitigation and Air Quality)
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 and safer roads
that can better 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
widenings (turn lanes, clear zone/recovery areas, etc.), realignments, drainage improvements and
6
intersection modifications often go unfunded, leaving such roads with operational and safety
problems as well as insufficient capacity.
Transportation Funding for Disabled, Low-income, and Elderly Persons – 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. The County supports continuation and increased funding levels for
federal funding programs dedicated to transit services for these population groups. 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.
Surface Transportation Program/Highway Bridge Funding – The County supports the
continuation of funding levels consistent with the Highway Bridge funding program in
previous transportation funding bills 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.
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. A new WRDA bill is anticipated in 2014. The following are prioritized projects the County
would submit for inclusion as the bill moves forward.
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.
Proposed 2014 Federal Legislative Platform
Contra Costa County
7
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 authorization
will allow the Corps to fund elements of the mine remediation project that any responsible
parties cannot. This would also allow the Corps’ RAMS program 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, has
requested 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 economies. The project is an authorization of $2.5 billion for the Army Corps of
Engineers to upgrade the levee system, including stockpiling rock to rebuild 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 wildlife 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
8
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.
6. Walnut Creek, Select Deauthorization – The Contra Costa County Flood Control and Water
Conservation District is seeking to deauthorize the downstream portion of the Corps’ Walnut
Creek project. The Flood Control District has been working with the Corps since 2002 on a
Feasibility Study to re-evaluate and modify the lower portion of the Walnut Creek channel.
Deauthorization of a select portion of the Corps’ Walnut Creek project would allow the Flood
Control District to move forward with a more cost effective modification project than through
the Corps process to modify this same portion of the channel.
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.
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 aviation (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 (including potential replacement of the 60 year old control tower).
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 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 and full build out of the airport as shown in
the Master Plan is dependent upon utility and infrastructure improvements both on and around
the Airport. The Byron Airport Business Plan prioritizes infrastructure and possi ble 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.
Proposed 2014 Federal Legislative Platform
Contra Costa County
9
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
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. 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 curbing greenhouse gas emissions.
Kirker Pass Road Truck Climbing Lanes – $4.5 million for constructing northbound and $20
million for constructing 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 needed to improve traffic flow and will
also have safety benefits. The $4.5 million will close a funding gap and augment secured
funding: $6 million in Measure J (local sales tax measure) funds and $2.6 million in State
Transportation Improvement Program funds. The $20 million is the total cost of the southbound
truck climbing lane segment.
Regional Habitat Planning and Conservation – $85 million 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. The
County will support funding for the Fund to be restored to $85 million, the 2010 funding level.
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 $33.5 million from the Cooperative Endangered Species
Conservation Fund in the past seven years and continuing this grant support is of vital
importance to the successful implementation of that Plan. The County will pursue increasing
appropriations to the Fund in partnership with numerous counties in northern and southern
California and will support requests of the California Habitat Conservation Planning Coalition to
increase the Fund up to $85 million. The County will also request that the California State
Association of Counties (CSAC) include this Fund increase as a priority on CSAC’s feder al
platform.
10
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 wetlands. 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. Contra Costa County supports the legislation and participated in a feasibility study
for the NHA through our seat on the Delta Protection Commission, which completed the study in
2012.
Vasco Road-Byron Highway Connector – $30 million 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.
2014 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.
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.
Proposed 2014 Federal Legislative Platform
Contra Costa County
11
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.
Child Care – Research continues to show that quality, affordable childcare is a necessity to
ensuring a family’s stability and economic success. Currently in Contra Costa County, there are
over 10,000 low-income children eligible for affordable childcare services, yet only 29% of that
need is met. Research also shows that in addition to a child’s long-term success with school and
employment, investing in high-quality early care and education results in a higher than average
return on investments in the areas of crime reduction and positive health, education and
economic outcomes.
With regards to childcare, the County will support the President’s “Preschool for All” Initiative
meant to close America’s school readiness gap and ensure all children have access to quality care
by expanding high quality learning opportunities for children 0-5. This proposal includes:
An increase of over 100,000 new childcare slots and $12 billion over the next 10 years;
A focus on children and their families who are at or below 200% of poverty;
Financing through a new cost-sharing partnership with states, already a proven successful
model with Head Start in Contra Costa County.
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.
12
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.
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 homes. 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 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 Budget Control Act (Act) passed by Congress in July 2011. The Act
established mandatory spending caps on most federal programs through 2021, and arranged
additional across-the-board annual spending cuts to federal defense and non-defense
discretionary (NDD) programs over this same period.
Included in non-defense discretionary programs are critical local government oriented programs
including the CDBG and HOME programs. These programs are successful and productive,
leveraging significant funding from non-federal sources to help spur economic development. The
County agrees that reducing the federal deficit is an important component of achieving long-term
national economic stability, but targeting solely NDD programs like the CDBG and HOME
programs will not achieve significant reductions and will hinder the County’s ability to provide
critical services to its most vulnerable populations. The County will continue to oppose any
further reductions in the CDBG and HOME programs as part of the Budget Control Act or any
other means.
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 actions that would result in cost shifts on federal entitlement programs or which would result
Proposed 2014 Federal Legislative Platform
Contra Costa County
13
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 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 facility 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
14
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.
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
Levee Restoration and Repair – The County will support legislation such as H.R. 6484, the
SAFE Levee Act (Garamendi) in 2012, which will authorize the U.S. Department of the Interior
to invest in Delta levee repairs, for all levees that are publicly owned or publicly maintained.
The bill also requires a cost-benefit analysis for the tunnel project being planned as part of the
Bay-Delta Conservation Plan.
Proposed 2014 Federal Legislative Platform
Contra Costa County
15
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 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
formulas 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 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
16
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.
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 options 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. The injunction requiring
provision of some type 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
Proposed 2014 Federal Legislative Platform
Contra Costa County
17
sellers); and reclaiming/removing solid salts through treatment, bird safe/bird free solar ponds
and farm-based methods.
State Criminal Alien Assistance Program (SCAAP) – On May 23, 2012, the Department of
Justice (DOJ) announced a change in the State Criminal Alien Assistance Program (SCAAP) that
will prohibit SCAAP funds from being used to reimburse localities for foreign-born criminal
aliens housed in jails that have been classified as “unknown inmates” by the Department of
Homeland Security’s Immigration and Customs Enforcement (ICE) agency. This is a significant
change to the SCAAP reimbursement formula and will heavily impact counties across the nation.
The County will support the rescinding of this decision and a reinstatement of the previous
reimbursement practice, which would more equitably reimburse jurisdictions for the costs of
housing undocumented individuals, including those inmates whose status may be unknown to the
Department of Homeland Security.
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 re-incarcerated 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.
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
18
that is consistent with federal environmental 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 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 plan penalties for fiscal
years 2007, 2008, 2009 and 2010 in recognition of the serious downturn in the national
Proposed 2014 Federal Legislative Platform
Contra Costa County
19
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.
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.
Veterans Halls – The County will support legislation to provide America’s veterans
organizations with resources to make necessary repairs to their meeting halls and facilities.
Across America, the meeting halls and posts of Veterans Service Organizations such as the
American Legion and Veterans of Foreign Wars serve as unofficial community centers.
Unfortunately, many of these facilities have deteriorated in recent years due to declining
membership and reduced rental revenues as a result of the economic downturn.
The County will support legislation that would create a competitive grant program for veterans’
organizations, classified by the IRS as 501c19 non-profit organizations and comprised primarily
of past or present members of the United States Armed Forces and their family members, to use
for repairs and improvements to their existing facilities.
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.
Water Quality, Quantity and Delta Outflow – Congress may consider legislation that could
adversely affect water quality, quantity and flows in the Sacramento-San Joaquin Delta to the
detriment of the County residents, economy and resources. The Board of Supervisors will rely
on its adopted Delta Water Platform to determine the appropriate response to federal legislative
issues brought to the Board’s attention.
Workforce Investment Act (WIA) Reauthorization – Congress may again consider
reauthorization of the Workforce Investment Act in 2014. The County will support
reauthorization of the Workforce 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
20
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.
TO: Lara Delaney, Senior Deputy County Administrator
FROM: Cathy Christian
DATE: November 15, 2013
RE: 2013 Legislative Report
Budget 2013-2014
In contrast to years past, this year’s budget proposal provided much needed relief
from the previous years’ budget cut woes. Although funding was not returned to
all areas (for example, courts did not have a funding cut, but their funding was
not restored either), the worst of the budget cuts of the last few years was at least
stopped and was even restored in certain areas. When Governor Brown initially
released his proposed 2013-2014 budget, the Legislative Analyst’s Office had
predicted a $2 billion shortfall.
Governor Brown signed the 2013-2014 budget on June 27. Although he accepted
most of the budget passed by the Legislature, he did make some last minute cuts
of about $41 million, $30 million of that coming from special education,
expressing concern that those programs could cost the state annually upwards of
$300 million. The budget included new funding for many programs. This
includes a subsidy for University of California students whose parents make less
than $150,000 a year. Also included was a $143 million fund for mental health
crises and triage centers. The budget also took significant steps towards paying
down the “Wall of Debt” by allocating $2.6 billion toward that effort, with a year-
end-goal of bring the debt down from $34.7 billion to $29.6 billion. Finally, the
budget also established a $1.1 billion budget reserve.
Much of this was possible because of the passage of Proposition 30 (sales tax and
income tax hikes) which was passed by voters in November of last year and
thereby avoided the drastic spending cuts which the Governor threatened would
happen without Prop. 30’s passage.
Other Issues
Medi-Cal Expansion and the Implementation of the ACA (Affordable
Care Act)
The Governor signed Speaker Perez’s bill AB 1x-1 which expanded Medi-Cal
eligibility by over 1 million low income Californians. The cost of expansion will
2
be covered fully by the federal government for the first 3 years, which phases
down to 90% for subsequent years. Numerous other bills went through the
Legislature related to health care reform, many of which helped streamline the
implementation of the Affordable Care Act (ACA) and made medical services
more accessible to the low income persons in California. Health care legislation
was one of the dominant topics of the 2013 session. Funding mechanisms for
implementing the ACA at the county level was a major focus for CSAC and all
counties. Contra Costa County was included in the formula for public hospital
counties, which likely only partially acknowledges the significant expenditure the
County and its hospital will face caring for medically indigent residents not
covered by the ACA.
Local Control Funding Formula for Schools
Gov. Brown was a vocal critic of the existing funding formula, which often found
wealthier school districts getting more money than poorer school districts. Gov.
Brown’s new funding formula gives a base level of funding per pupil to all school
districts, and adds a supplemental grant based on the number of students who
are English learners, students from low-income families and foster youth.
Additionally, a grant will be provided to districts that have 55% of the targeted
population. An adjustment to the Governor’s initial proposal provided greater
increased base level funding for all school districts.
Minimum Wage
Governor Brown signed AB 10 (Alejo) which raises the minimum wage to $10 by
2016. The bill works in 2 phases; the first hike occurs on January 1, 2014, raising
the minimum wage to $9/hour. The second phase is implemented on January 1,
2016, when the minimum wage is raised to $10/hour.
Driving Licenses for Undocumented Immigrants
Governor Brown also signed legislation permitting drivers’ licenses to be issued
to undocumented immigrants. AB 60 (Alejo) requires the DMV to issue an
original driver's license to a person who is unable to submit satisfactory proof
that the applicant's presence in the United States is authorized under federal law
if he or she meets all other qualifications for licensure and provides proof of his
or her identity and state residency.
LEGISLATIVE ADVOCACY
Throughout the entire legislative session, we proactively worked to advance the
County’s interests. We advocated for the measures the Contra Costa County
3
Board of Supervisors sponsored and took positions on, and participated in the
entire budget process to ensure statewide issues affecting county government
were reviewed and the County’s position communicated.
In addition to reviewing all of the measures the lawmakers introduced and
advising county staff if those bills that may have had an effect on the County, we
actively monitored 33 bills and 1 resolution to ensure they were not amended to
negatively impact the County.
BILLS HELD IN COMMITTEE
AB 5 (Ammiano – D) Homelessness (OPPOSE - BOARD POSITION)
The bill would have enacted the Homeless Person's Bill of Rights and Fairness
Act, and would have provided that no person's rights, privileges, or access to
public services may be denied or abridged because he or she is homeless. The bill
also would have provided the right to specified actions, confidentiality of certain
records, legal assistance, and restitution while prohibiting retaliation against a
public employer for assisting the homeless. The bill was held in the Assembly
Appropriations Committee.
AB 49 (Buchanan – D) License Plates: Breast Cancer Awareness
(SUPPORT – BOARD POSITION)
The bill would have required the State Department of Health Care Services to
apply to sponsor a breast cancer awareness license plate program, and the
revenues from the plates would have been deposited in the Breast Cancer Control
Fund. The bill was held in the Senate Rules Committee.
AB 531 (Frazier – D) Driver’s Licenses: Veterans Designation
(SUPPORT – BOARD POSITION)
The bill would have required the application for a driver's license or identification
card to also allow a person to present to the Department of Motor Vehicles a
Certificate of Release or Discharge from Active Duty and to request the driver's
license identification card be printed with the word VETERAN. The bill was held
in the Assembly Appropriations Committee.
AB 616 (Bocanegra – D) Local Public Employee Organizations:
Dispute: Panels (OPPOSE – BOARD POSITION)
The bill provided that if either party disputes that a genuine impasse, as defined,
has been reached, the issue of whether an impasse exists may be submitted to
the Public Employment Relations Board for resolution before the dispute is
4
submitted to a fact-finding panel. The bill would also authorize each party to
select a person to serve as its member of the fact-finding panel. The bill was held
in the Senate Appropriations Committee.
AB 741 (Brown – D) Local Government Finance: Tax Equity Formula
(OPPOSE – BOARD POSITION)
The bill would have increased the allocation of property tax revenues under a new
Tax Equity Allocation formula for qualifying cities. The bill was held in the
Assembly Local Government Committee.
AB 939 (Melendez – R) Pupil and School Personnel Health:
Defibrillators (SUPPORT – BOARD POSITION)
The bill would have authorized a public school to solicit and received non-state
funds to acquire and maintain an automatic external defibrillator and provided
that the district and its employees would not be liable for civil damages for uses
or non-uses of the equipment. The bill was held in the Senate Appropriations
Committee.
SB 42 (Wolk – D) Safe Drinking Water, Water Quality, Flood
Protection (SUPPORT)
The bill would have enacted the Safe Drinking Water, Water Quality, and Flood
Protection Act of 2014, which, if adopted by the voters, would have authorized
the issuance of bonds in a specified amount pursuant to the State General
Obligation Bond Law to finance a safe drinking water, water quality, and flood
protection program. The bill was held in the Senate Natural Resources and
Water Committee, but is now the Senate vehicle in the negotiations with the
Assembly for a new water bond. Action on this bond proposal is likely in the
coming year.
SB 108 (Yee – D) Firearms (SUPPORT – BOARD POSITION)
The bill would have required the Department of Justice to conduct a study to
determine effective firearm safe storage measures to reduce unintentional injury
and death caused by firearms. The bill was held in the Assembly Public Safety
Committee.
SB 283 (Hancock – D) CalFresh Eligibility (SUPPORT – BOARD
POSITION)
The bill would have authorized CalFresh benefits to be paid to an individual who
is convicted in state or federal court of any offense classified as a felony that has
as an element the possession, use, or distribution of a controlled substance. The
5
bill provided that if the person is on supervised release, he or she would be
ineligible for benefits during any period of revocation of that supervised release
where the revocation results in incarceration. The bill was held in the Assembly
Appropriations Committee.
SB 296 (Correa – D) County Veterans Service Officers (SUPPORT –
BOARD POSITION)
The bill would have appropriated a specified amount of funds from the General
Fund to the Department of Veterans Affairs to be dispersed to counties to fund
the activities of county veterans’ service officers and veterans’ service
organizations. The bill was held in the Senate Appropriations Committee.
SB 391 (DeSaulnier – D) State Homes and Jobs Act of 2013 (SUPPORT
– BOARD POSITION)
The bill would have enacted the California Homes and Jobs Act of 2013 by
imposing a fee to be paid at the time of the recording of every real estate
instrument, paper, or notice that is required or permitted by law to be recorded.
The bill was held in the Assembly Appropriations Committee.
SB 635 (Leno – D) Alcoholic Beverages: Hours of Sale (OPPOSE –
BOARD POSITION)
The bill would have allowed an on-sale licensee to apply to the Department of
Alcoholic Beverage control to authorize the selling, giving, delivering or
purchasing of alcoholic beverages at the licensed premises between the certain
hours upon completion of specified requirements by the local jurisdiction, and
that the applicant notify specified persons of the application for additional hours.
The bill was held in the Senate Governmental Organization Committee.
SB 727 (Jackson –D) Medical Waste: Pharmaceutical Product
Stewardship (SUPPORT – BOARD POSITION)
The bill would have required the submission of a plan for the safe collection and
property disposal of specified waste devices by a pharmaceutical producer. The
bill would have required each producer to also submit a related fee, and imposed
administrative civil penalties for violations or a fine for non-submission of a plan
by a specified date. The bill was held in the Senate Environmental Quality
Committee.
6
SB 735 (Wolk – D) Sacramento – San Joaquin Delta Reform Act
(SUPPORT – BOARD POSITION)
The bill would have amended existing law that establishes the Delta Stewardship
Council to create a Delta management plan, and authorized prescribed local
entities to enter into a memorandum of understanding or other written
agreement with the Council and the Department of Fish and Wildlife regarding
multispecies conservation plans are consistent with the Delta Plan. The bill was
held in the Assembly Water, Parks, and Wildlife Committee.
BILLS NOT APPROVED (YET) OR DEAD
ACA 9 (Gorell –R) Voter – Nominated Primary Elections (SUPPORT –
BOARD POSITION)
The bill proposed an amendment to the Constitution to provide that, in order for
a write-in candidate in a primary election for a congressional or state elective
office who is one of the top two vote-getters to appear as a candidate for that
office in the ensuing general election, the write-in candidate must have received
votes at the primary election equal in number to at least 1 percent of all votes cast
for the office at the last preceding election. The bill was refused reconsideration
on the Assembly floor.
SB 1 (Steinberg –D) Sustainable Communities Investment Authority
(SUPPORT)
This bill allows a local government to establish a sustainable Communities
Investment Authority (Authority) and direct tax increment revenues to that
Authority in order to address blight by supporting development in transit priority
project areas, small walkable communities, and clean energy manufacturing sites.
The bill was put on the Senate inactive file.
SB 33 (Wolk –D) Infrastructure Financing Districts: Voter Approval
(SUPPORT – BOARD POSITION)
The bill revised provisions governing infrastructure financing districts by
eliminating the requirement of voter approval for creation of the district and for
bond issuance, and by authorizing the legislative body to create the district
subject to specified procedures. The bill was put on the Assembly inactive file.
SB 53 (De Leon – D) Ammunition: Purchase Permits (SUPPORT –
BOARD POSITION)
The bill would have required the Attorney General to maintain copies of
ammunition purchase permits, ammunition transactions, and ammunition
7
vendor licenses. It also would have required the ammunition purchasers be
authorized by the Department of Justice, provided that only a licensed
ammunition vendor may sell ammunition, required identity verification, and also
exempted gun shows and certain events. The bill was referred to the Assembly
Public Safety Committee, however a hearing never took place.
BILLS VETOED BY THE GOVERNOR
AB 1229 (Atkins –D) Land Use: Zoning Regulations
The bill would have authorized the legislative body of any city or county to adopt
ordinances to establish, as a condition of development, inclusionary housing
requirements. The Governor wrote in his veto message that he was worried the
new requirements would become an extra hoop for the already small group of
developers to jump through. The Governor also indicated that it was prudent to
wait for the Supreme Court to rule on the subject.
SB 374 (Steinberg – D) Firearms: Assault Weapons (SUPPORT –
BOARD POSITION)
The bill would have clarified certain semiautomatic weapons as assault weapons.
The bill would have also required a person who lawfully possessed an assault
weapon that does not have a fixed magazine, including those weapons with an
ammunition feeding device that can be removed readily from the firearm with the
use of a tool, to register the firearm by a specified date. The veto message stated
that the Governor was unconvinced that this bill’s blanket ban on semi-automatic
rifles would result in a reduction of criminal activity, or would improve public
safety. The Governor noted that he did sign numerous other “gun control” bills
that day.
LEGISLATION SIGNED BY THE GOVERNOR
AB 48 (Skinner – D) Firearms: Large Capacity Magazines (SUPPORT
– BOARD POSITION)
The bill makes it a misdemeanor crime to buy or receive a large capacity
ammunition magazine or to manufacture, import, keep for sale, offer or expose
for sale, or give, lend, buy or receive any related conversion kit. The bill makes it
a misdemeanor or a felony to buy or receive a large-capacity magazine.
8
AB 182 (Buchanan – D) Bonds: School Districts and Community
College Districts (SUPPORT – BOARD POSITION)
The bill establishes the ratio of total debt service to principal for each school and
community college district bond. I t also provides the redemption period for
capital appreciation bonds, and authorizes a school district or community college
with a note issued prior to a specified date to seek a one-time waiver from certain
requirements from the State Board of Education or the Chancellor of the
California Community Colleges.
AB 244 (Bonilla –D) Vehicles: License Plates: Veterans (SUPPORT –
BOARD POSITION)
Requires the Department of Veterans Affairs to apply to the Department of Motor
Vehicles to sponsor a veteran specialized license plate, along with requiring the
DMV to issue said plates.
AB 422 (Nazarian –D) School Lunch Programs: Health Care Notice
(SUPPORT – BOARD POSITION)
The bill requires notices of a Healthy Families Program application to include
prescribed advisements about the availability of free or reduced-cost
comprehensive health care coverage through Medi-Cal or the Health Benefit
Exchange. The bill also authorizes utilizing a school lunch program application
as an application for a health insurance affordability program.
AB 537 (Bonta – D) Meyers – Milias – Brown Act: Impasse Procedures
(OPPOSE – BOARD POSITION)
The bill amends existing law requiring the governing body of a local public
agency to meet and confer in good faith regarding wages, hours, and other terms
and conditions of employment with representatives of a recognized employee
organization. The bill requires that, if a tentative agreement is reached by
parties, the governing body shall vote to accept or reject that agreement within a
specified time period. Finally, the bill provides that a charge for failure to meet
and confer in good faith shall not be barred in certain cases.
AB 720 (Skinner – D) Inmates: Health Care Enrollment (SUPPORT –
BOARD POSITION)
The bill authorizes county boards of supervisors to designate an entity to assist
county jail inmates to apply for a health insurance affordability program. The bill
authorizes the entity to act on behalf on an inmate for the purpose of applying
for, or determinations of, Medi-Cal eligibility for acute inpatient hospital services.
9
AB 748 (Eggman – D) Judgments Against a Public Entity: Interest
The bill amends existing law regarding payment of interest on damage awards
against public entities to the amount of United States Treasury yields, not to
exceed 7%.
AB 763 (Buchanan – D) Aquatic Invasive plants: Control and
Eradication (SUPPORT – BOARD POSITION)
The bill designates the Division of Boating and Waterways as the lead agency of
the state for the purpose of cooperating with other state, local, and federal
agencies in identifying, detecting, controlling, and administering programs to
manage invasive aquatic plants in the Sacramento-San Joaquin Delta, its
tributaries, and the Suisun Marsh. It also requires risk assessment to specify if
the aquatic plant is considered to be invasive.
AB 803 (Gomez – D) Water Recycling Act of 2013 (SUPPORT –
BOARD POSITION)
The bill removes some barriers to greater use of recycled water by making spill
reporting standards for recycled water uniform and permits testing of water
purity as water leaves a treatment plant under certain conditions.
SB 191 (Padilla – D) Emergency Medical Devices (SUPPORT – BOARD
POSITION)
The bill extends the operative date of existing law that establishes the Maddy
Emergency Medical Services Fund, which authorizes each county to establish an
emergency medical services fund for reimbursement of costs related to
emergency medical services and funding for pediatric trauma centers. The bill
also authorizes county boards of supervisors to elect to levy an additional penalty
for this purpose upon fines, penalties and forfeitures collected for criminal
offenses.
SB 254 (Hancock – D) Solid Waste: Used Mattresses: Recycling and
Recovery (SUPPORT – BOARD POSITION)
The bill authorizes an industry association to establish a mattress recycling
organization, and be certified by the Department of Resources Recycling and
Recovery to develop a recycling program. It requires manufacturers, retailers
and renovators to register the mattress the Department, and prohibits
manufacturing or importation of non-compliant mattresses and requires a
recycling charge.
10
SB 279 (Hancock – D) San Francisco Bay Restoration Authority
(SUPPORT – BOARD POSITION)
The bill relates to the authority to levy a special tax for bay restoration activities.
The bill requires the Authority to file with the board of supervisors of each
affected county a resolution requesting consolidation with the next regularly
scheduled election, and requires election officials to use the same letter
designation for the measure. The bill also relates to translation of ballot
materials into languages other than English.
SB 483 (Jackson – D) Hazardous Materials: Business and Area Plans
(SUPPORT – BOARD POSITION)
The bill revises and recasts the hazardous waste and hazardous materials
business plan requirements. The bill requires a unified program agency enforce
these requirements, and requires the inspection program that is part of the
program to include the onsite inspections of businesses.
SJR 10 (Lieu – D) Workforce Investment Act: Reauthorization
(SUPPORT)
The resolution urges the Congress of the United States to reauthorize the federal
Workforce Investment Act and to include specified policies and strategies in
support of the Act.
Conclusion
The next year is the second year of the two-year legislative session. Some of the
“two-year bills” (those held in committee) may be heard in January. If they are
not heard then, they must be re-introduced. Of course any bills considered in the
second year must be acted on by August 31, when the two-year session ends.
The Governor will submit his proposed 2014-15 budget in early January. In
addition, several issues affecting counties that came up this year may be revisited
in 2014. These include CEQA reform, a statewide water bond, the realignment
funding formula, and proposals for further realignment of state programs to
counties.
Proposed 2014 STATE
LEGISLATIVE
PLATFORM
Contra Costa County
January 14, 2014
Contra Costa County 1
Table of Contents
COUNTY-SPONSORED LEGISLATION ............................................................................................... 2
LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES ............................................................. 2
STATE PLATFORM POLICY POSITIONS .......................................................................................... 6
Agricultural Issues .................................................................................................................................... 6
Animal Services Issues ............................................................................................................................. 7
Child Support Services Issues ................................................................................................................... 8
Climate Change Issues .............................................................................................................................. 9
Elections Issues ......................................................................................................................................... 9
Emergency Preparedness, Emergency Response .................................................................................... 10
Eminent Domain Issues .......................................................................................................................... 10
Flood Control and Clean Water Issues .................................................................................................... 10
General Revenues/Finance Issues ........................................................................................................... 11
Health Care Issues ................................................................................................................................... 14
Human Services Issues ............................................................................................................................ 16
Indian Gaming Issues .............................................................................................................................. 19
Land Use/Community Development Issues ............................................................................................ 19
Law and Justice System Issues ............................................................................................................... 22
Levee Issues, Sacramento-San Joaquin Delta Issues .............................................................................. 23
Library Issues .......................................................................................................................................... 26
Telecommunications Issues .................................................................................................................... 26
Transportation Issues .............................................................................................................................. 26
Veterans Issues ........................................................................................................................................ 28
Waste Management ................................................................................................................................. 29
Proposed 2014 Platform 2
2014 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, legislative or regulatory
advocacy priorities for the year, and policies that provide direction and guidance for
identification of and advocacy on bills which would affect the services, programs or finances of
Contra Costa County.
COUNTY-SPONSORED LEGISLATION
1. Seek legislation to make the Contra Costa County Employee Retirement Association
(CCCERA) the statutory employer for all purposes of staff serving at CCCERA. The
proposed legislation would implement a court-approved settlement agreement between
the County and CCCERA concerning the entities' respective rights and responsibilities
for staff working at CCCERA.
LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES
Each year, issues emerge through the legislative process that are of importance to the County
and require advocacy efforts. For 2014, it is anticipated that critical issues requiring legislative
advocacy will include the following:
Priority 1: State Budget – The state’s continuing economic recovery, prior budget cuts, and the
additional, temporary taxes provided by Proposition 30 have combined to bring the State Budget
to a much improved financial condition. The Legislative Analyst’s Office is now indicating that
with continued growth in the economy and restraint in new program commitments, the state
budget could see multibillion-dollar operating surpluses within a few years. The state’s 2013-14
budget plan assumed a year-end reserve of $1.1 billion. The LAO’s revenue forecast now
anticipates $6.4 billion in higher revenues for 2012-13 and 2013-14 combined. These higher
revenues are offset by $5 billion in increased expenditures, almost entirely due to greater
required spending for schools and community colleges. Combined with a projected $3.2 billion
operating surplus for the state in 2014-15, these factors lead the LAO to project that, absent any
changes to current laws and policies, the state would end 2014-15 with a $5.6 billion reserve.
However, the LAO also notes that continued caution is needed since the state's fiscal recovery is
dependent on a number of assumptions that may not come to pass. The forecast assumes
continuing economic growth and slow but steady growth in stock prices. Other liabilities,
including some items on the Governor's wall of debt and the state's huge retirement liabilities
(particularly those related to the California State Teachers’ Retirement System), remain unpaid
under the LAO forecast. It is also important to note that the LAO forecast assumes that the debt
Contra Costa County 3
ceiling deadlines and possible shutdown by the federal government will not affect the economy
in 2014.
A 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 state has been creative in its efforts to include counties as part of its budget
balancing solution and may do so at some point in the future through additional program
realignment and/or revenue reductions.
Of particular concern to counties is the inadequate reimbursement for our ever-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.
Priority 2: Health Care – Counties play a critical role 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, The Patient Protection and Affordable Care Act (ACA).
The optional Medi-Cal Expansion, in effect on Jan. 1, 2014, was a significant part of the State
Budget process in 2013, with a Special Session on Health Care Reform –called by the Governor
to address Health Care Exchange issues and the required Medi-Cal expansion. (The mandatory
expansion includes changes to eligibility and enrollment for populations currently eligible for
Medicaid and is estimated to cost the state General Fund $350 million.) The ACA had required
states to expand Medicaid programs to allow childless adults at or below 138 percent of poverty
to be eligible for Medicaid (known as Medi-Cal in California). The Supreme Court struck down
that mandate but allowed it to be an option for states, which California has exercised.
The Governor’s proposed Budget provided two options for that optional expansion: a “state
option” and a “county option.” Governor Brown announced in his proposed budget that he
intended to either realign the county responsibility to provide medical care to indigent adults to
include providing care to Medicaid eligible adults or recoup as much of the 1991 health
realignment funding from counties as possible. CSAC successfully redirected the realignment
effort and instead negotiated a fiscal transaction that reflects the shift of indigent adults to the
state’s Medi-Cal program. In June, the Governor signed AB 85, followed by a technical cleanup
measure, SB 98, in September, which together provide the framework for the fiscal transaction.
However, significant unknowns remain including questions about the actual impact of the ACA
coverage expansions on counties and the number of uninsured individuals to whom counties will
still need to provide services. Counties will retain the Section 17000 responsibility, and there
will be significant variations in the impacts of both the ACA and AB 85 for the different types of
Proposed 2014 Platform 4
counties: county hospital (12 counties including Contra Costa County), payor/clinic and County
Medical Services Program (CMSP) counties.
In the coming year, the County will continue to work on the implementation of required health
care reform measures to maximize federal revenue. The County will support efforts to provide
counties with the necessary tools to implement health care reform which may include performing
eligibility and enrollment, preserving existing county resources from 1991 Realignment,
providing for a smooth transition in 2014 for the various operational systems, and supporting
legislation to ensure that low-income families are covered under the Affordable Care Act. In
addition, the County will continue to work to reduce uncompensated health care costs.
Priority 3: Water and Levees /The Sacramento-San Joaquin Delta – The enactment of the
Delta Reform Act (2009), a bill that established the co-equal goals for reliable water supply and
ecosystem restoration for the Delta, created the Delta Stewardship Council as the state entity
overseeing the Delta through the proposed Delta Plan, and supported the proposed Bay Delta
Conservation Plan (BDCP)--an effort to construct a pair of massive tunnels under the Delta--will
bring significant, large-scale change to the Delta as we know it. The scope and content of these
changes, as well as enduring political battles between northern and southern California over
water, will continue to guide legislative and administrative agendas in the coming year. Enabling
legislation was also passed in 2009 for a state water bond, which was delayed from the 2010
ballot and again from the 2012 ballot.
Significant future impacts upon the County in the areas of water quality and supply, levee
stability, ecosystem health, local land use authority and flood control are anticipated.
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 2014 include, but are not limited to: (1) the ongoing development
of the BDCP project and whether the state water bond appropriates funds specific to the BDCP;
(2) the impacts of the Delta Plan on local land use authority, efforts to expedite state bond
funding for levee improvement projects, and the development of flow standards that will impact
water quality and ecosystem health in the Delta. The County’s adopted Delta Water Platform, as
well as the Strategic and Action Plans, are incorporated in this Platform by reference.
Priority 4: Realignment Implementation – The battle for constitutional protections for 2011
Realignment concluded successfully on November 6, 2012 when Proposition 30 was passed by
the voters. Proposition 30 provides constitutional guarantees to the funding that supports
Realignment and safeguards against future program expansion without accompanying funding.
With these provisions in place, Contra Costa County can continue to implement the array of
programs transferred under 2011 Realignment, confident that funding is secure and
programmatic responsibilities are defined. However, the County remains concerned that the
funding is not sufficient and is also concerned about liability issues arising from the new
responsibilities.
Contra Costa County 5
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. The County will
also oppose efforts that limit county flexibility in implementing programs and services realigned
in 2011 or infringe upon our ability to innovate locally.
The County resolves to remain accountable to our local constituents in delivering high-quality
programs that efficiently and effectively respond to local needs. Further, we support counties’
development of appropriate measures of local outcomes and dissemination of best practices.
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 have received 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 have received 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 provid e 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.
The County will also continue to support efforts to ensure that the receipt of Local Community
Corrections Funds matches the amounts anticipated from the state, without undue delay.
Proposed 2014 Platform 6
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. 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 infestations of the South American spongeplant and to
rid the Delta of this and other invasive aquatic species through integrated pest
management methods. Invasive aquatic species are a threat to agriculture, the
environment and recreation in the Delta. This position includes support for efforts by the
Department of Boating and Waterways to secure multi-year permits for eradication of
multiple invasive aquatic plant species in the Sacramento-San Joaquin Delta, its
tributaries, and its marshes.
5. SUPPORT the CSAC policy statement regarding revisions to the California Conservation
Act of 1965 (the Williamson Act) to support legislative changes that preserve the
integrity of the Williamson Act, eliminate abuses resulting in unjustified and premature
conversions of contracted land for development, and to fully restore Williamson Act
subventions. The state subventions to counties also must be revised to recognize all local
tax losses.
Contra Costa County 7
Animal Services Issues
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
Proposed 2014 Platform 8
Child Support Services Issues
12. 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 contact, and the entire process would be handled electronically
through automated means.
13. 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.
14. 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 similar process
for modification would reduce court time, the workload of all involved agencies and
parties, and streamline the process.
15. SUPPORT efforts to ensure that the reduction to the California Department of Child
Support Services is not passed down as a reduction to the local program.
16. 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 website.
Contra Costa County 9
Climate Change Issues
17. 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.
18. SUPPORT efforts to ensure that the implementation of AB 32 results in harmony
between 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, and the
Sustainable Communities Strategy developed through the Regional Transportation Plan
processes.
19. SUPPORT legislative or administrative efforts that favor allocation of funding from the
California Greenhouse Gas Cap and Trade Program to jurisdictions that are the largest
emitters of greenhouse gas, have disadvantaged communities that are disproportionately
affected by environmental pollution, and have demonstrated a local commitment to
climate protection (e.g. established emissions reduction targets, prepared Climate Action
Plans, etc.).
Elections Issues
20. 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 i s more
likely to be used for several elections, thus avoiding the need to change poll sites for
voters.
21. 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.
22. 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.
Proposed 2014 Platform 10
Emergency Preparedness, Emergency Response
23. SUPPORT legislation that would give local agencies more authority to train volunteers,
provide funding for Community Emergency Response Training (CERT), and help clean-
up oil spills without taking on additional legal liability.
24. 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.
25. SUPPORT legislation that would require responses to future oil spills in a shorter
timeframe, with a more regional approach.
26. 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.
27. SUPPORT legislation or other measures requiring the creation or utilization 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
28. 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.
29. 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
30. 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.
31. SUPPORT efforts to provide local agencies with more flexibility and options to fund
stormwater programs. Stormwater permit requirements issued by the Regional Water
Quality Control Boards are becoming more and more expensive, yet there is no funding.
Contra Costa County 11
Stormwater services, encompassing both water quality and drainage/flood control, could
be structured like a utility with the ability to set rates similar to the other two key water
services: drinking water and wastewater.
32. 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.
33. SUPPORT efforts to require the Department of Water Resources (DWR) to provide 200
year flood plain mapping for all areas in the legal Delta. SB 5 requires the County and
cities in the Delta to insure certain development projects must have 200 year level of
protection and to make certain related findings. DWR has revisited developing zoning
flood plain mapping, and if they do, only working in areas protected by project levees
which does not include any areas within Contra Costa County.
34. SUPPORT legislation to enable Zone 7 Water Agency to become a new public agency,
separate and apart from the Alameda County Flood Control and Water Conservation
District, with territory in both Alameda and Contra Costa counties and the power to
provide specific services, insofar as the legislation is guided by adopted Principles of
Understanding.
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.
35. 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.
36. 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 lags behind property tax growth.)
37. OPPOSE efforts to limit local authority over transient occupancy taxes (TOT).
38. 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.
Proposed 2014 Platform 12
39. 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.
40. 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.
41. 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.
42. SUPPORT efforts to relieve California of the federal Child Support penalties without
shifting the cost of the penalties to the counties.
43. SUPPORT a reduction in the 2/3rd vote requirement to 55% voter approval for locally-
approved special taxes that fund health, education, economic, stormwater services,
library, transportation and/or public safety programs and services.
44. 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 limited to only $100 - $200 for the first violation,
which has proven to be an ineffective deterrent in some cases.
45. 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.
46. 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.
47. SUPPORT state actions that maximize Federal and State revenues for county-run
services and programs.
48. SUPPORT legislative compliance with both the intent and language of Proposition 1A.
Contra Costa County 13
49. SUPPORT the provisions of Proposition 22 that would protect County revenues,
particularly as related to transportation revenues and excluding those provisions related to
redevelopment funds.
50. SUPPORT full State funding of all statewide special elections, including recall elections.
51. 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.
52. 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.
53. 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.
54. 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.
55. SUPPORT legislation that provides constitutional protections and guaranteed funding to
counties under Realignment.
Proposed 2014 Platform 14
Health Care Issues
The County remains concerned about the implementation of any health care reform measures that could transfer
responsibility to counties, without commensurate financing structures or in a manner not compatible with the
County’s system. The County supports a concept of universal health coverage for all Californians. Toward that end,
the County urges 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, the County urges 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.
56. SUPPORT state action to increase health care 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.
57. SUPPORT Medi-Cal reimbursement rate increases to incentivize providers to participate
in the program.
58. 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).
59. 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 (or multiple) diagnoses. Approaches could be modeled after current programs in
place in safety net systems.
60. 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.
61. OPPOSE safety net funding transfers until an analysis of who would remain uninsured
(e.g. medically indigent adults, including citizens, who cannot document citizenship
Contra Costa County 15
under current Medicaid eligibility rules) is completed in order to adequately fund services
for these populations.
62. SUPPORT efforts to clearly define and adequately fund remaining county
responsibilities.
63. 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 (including recovery facilities),
and that they can remain viable after health reform.
64. SUPPORT efforts to provide adequate financing for health care reforms to succeed.
65. SUPPORT measures that maximize federal reimbursement from Medicaid and S-CHIP.
66. 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.
67. 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.
68. 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.
69. SUPPORT efforts to increase revenues and to contain mandated costs in the County's
hospital and clinics system.
70. SUPPORT efforts to obtain a fair-share of any state funds in a distribution of funding for
the integration of IHSS and managed care.
71. SUPPORT efforts to increase the availability of health care (including alcohol and other
drugs recovery) to the uninsured in California, whether employed or not.
72. 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.
73. 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.
Proposed 2014 Platform 16
74. SUPPORT efforts that allow counties to draw down federal Medicaid funds for providing
confidential alcohol and drug screening and brief intervention services to pregnant
women and women of childbearing age who also qualify for Medi-Cal benefits.
75. 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.
76. SUPPORT efforts to give incentives to providers to establish more youth-driven
treatment facilities within the community.
77. 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.
78. SUPPORT county efforts in the promotion of partnerships that provide integrated
responses to the needs of alcohol and other drugs populations, including criminal justice,
perinatal and youth as well as those populations with co-occurring disorders.
79. SUPPORT and encourage the development of strategies that include alcohol and other
drugs services in the provision of all culturally appropriate health care services.
80. 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 other drugs 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.
81. SUPPORT legislation that extends the restrictions and prohibitions against the smoking
of tobacco products to include restrictions or prohibitions against electronic cigarettes (e-
cigarettes) in various places, including, but not limited to, places of employment, school
campuses, public buildings, day care facilities, retail food facilities, multi-family housing,
and health facilities.
Human Services Issues
82. SUPPORT efforts to increase County flexibility in the use of CalWORKs funds and in
program requirements in order to better support the transition of welfare dependent
families from welfare-to-work to 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
Contra Costa County 17
upon terms and conditions of TANF reauthorization). 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.
83. SUPPORT efforts to align CalWORKs property and asset limitations with those of
CalFresh.
84. 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 CalW ORKs 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 family members’ employment status.
85. 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.
86. 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.
87. 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.
88. 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 may include, but are not limited to,
establishing an IHSS Volunteer Coordination component. 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.
89. 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.
Proposed 2014 Platform 18
90. SUPPORT efforts to expand the number of counties in the Federal IV-E waiver funding
for pre-placement, prevention activities; development of caretaker recruitment and
retention campaigns;; 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.
91. 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.
92. OPPOSE any legislation that increases tobacco taxes but does not contain language to
replace any funds consequently lost to The California Children and Families Act/Trust
Fund for local services as currently funded by tobacco taxes, Proposition 10 in 1998 and
Proposition 99 in 1988.
93. 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.
94. 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).
95. SUPPORT continued and improved funding for substance abuse treatment and mental
health services including those that provide alternatives to incarceration and Laura’s Law.
96. 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.
97. SUPPORT legislation to expand early child care and education and increase funding for
preschool and early learning.
98. SUPPORT legislation to allow individuals convicted of drug-related felonies to receive
federal CalFresh (food stamps) benefits. Banning convicted drug felons who have
completed their sentences from critical public assistance, including food stamps, runs
Contra Costa County 19
contrary to state and federal initiatives intended to reduce recidivism by easing prisoner
reentry and fostering prisoner reintegration into society. The drug felon rule has been the
subject of much criticism by drug treatment providers, advocates for the poor and law
enforcement organizations because it permanently disqualifies needy persons from
receiving assistance and interferes with their recovery.
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; a nd 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.
99. SUPPORT efforts to ensure that counties who have existing or proposed Class II Indian
gaming facilities receive the Special Distribution Funds.
100. 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.
101. 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.
102. SUPPORT State authority to tighten up the definition of a Class II machine.
103. 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
104. SUPPORT efforts to promote economic incentives for "smart growth," in Priority
Development Areas 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” and Sustainable Community
Strategy principles.
105. 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.
Proposed 2014 Platform 20
106. 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.
107. SUPPORT efforts to obtain a CEQA exemption or to utilize CEQA streamlining
provisions for infill development or Priority Development Areas, including in
unincorporated areas. Section 15332 of the CEQA Guidelines is a Categorical
Exemption for infill development projects but only within cities or unincorporated areas
of a certain size surrounded by cities. Without the exemption, housing projects in the
unincorporated areas that are not surrounded by cities (e.g. North Richmond, Montalvin
Manor and Rodeo) 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. The CEQA exemption bill signed by the Governor in 2013
(SB 741) only applies to mixed-use or non-residential projects in the unincorporated
areas that are both within ½ mile of a BART station and within the boundaries of an
adopted Specific Plan.
108. 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.
109. OPPOSE efforts to limit the County’s ability to exercise local land use authority.
110. 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.
111. 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
Wildlife. Support efforts to streamline implementation of NCCPs including exemptions
Contra Costa County 21
from unnecessary regulatory oversight such as the Delta Plan Covered Actions process
administered by the Delta Stewardship Council.
112. 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, blight removal and promoting smart growth and affordable
housing development, while balancing the impacts on revenues for health and safety
programs and healthy communities.
113. OPPOSE legislation that would create substantial uncertainty over the tax allocation
bonds issued by redevelopment agencies and possible negative credit impact.
114. SUPPORT legislation that would resolve the administrative funding gap for agencies
serving as the Successor Housing Agency. Such legislation should not have a negative
impact on the localities’ general fund. The Redevelopment Dissolution Act allows
Successor Agencies a modest allowance of tax increment funds to support Successor
Agency administrative costs. There is no such carve out for Housing Successors.
However, unlike Successor Agencies, Housing Successors have an ongoing obligation to
monitor existing affordable housing developments. These obligations will continue for up
to 55 years.
115. SUPPORT legislation that would clarify the ability of successor agencies to former
redevelopment agencies to enter into contracts with its sponsoring jurisdiction and third
parties to fulfill enforceable obligations. The existing redevelopment dissolution statute
limits the contracting powers of successor agencies which is causing delays in their
ability to expeditiously retire certain enforceable obligations of the former redevelopment
agencies.
116. SUPPORT legislative and regulatory efforts that streamline compliance with the
California Environmental Quality Act (CEQA) by integrating it with other environmental
protection laws and regulations, modifying the tiering of environmental reviews,
expanding the application of prior environmental reviews, focusing areas of potential
CEQA litigation, and enhancing public disclosure and accountability.
117. OPPOSE CEQA reform efforts that reduce environmental protections for projects that
cross county or city boundaries.
118. SUPPORT efforts to improve or streamline CEQA for efficiency without losing sight of
its ultimate goal to thoroughly identify environmental impacts and mitigations.
119. OPPOSE efforts to change CEQA solely to accommodate one particular infrastructure
project or set of projects.
120. SUPPORT legislation that amends Section 20133 of the Public Contract Code to 1)
delete the existing sunset date of July 1, 2014 for design-build authority granted to
Proposed 2014 Platform 22
counties, and 2) eliminate the current project cost threshold of $2.5 million required for
the use of the design-build method.
Law and Justice System Issues
121. 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.
122. 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.
123. OPPOSE legislative proposals to realign additional program responsibility to counties
without adequate funding and protections.
124. OPPOSE legislation that would shift the responsibility of parolees from the state to the
counties without adequate notification, documentation and funding.
125. 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.
126. SUPPORT legislation that will combat the negative impact that human trafficking has on
victims in our communities, including the impact that this activity has on a range of
County services and supports, and support efforts to provide additional tools, resources
and funding to help counties address this growing problem.
127. SUPPORT legislation amending Government Code Section 24011 to allow the Board of
Supervisors of Contra Costa County to appoint the Public Administrator by ordinance of
the Board, separate the Public Administrator from the District Attorney, and place the
position with another County department.
Contra Costa County 23
Levee Issues, Sacramento-San Joaquin Delta Issues (updates to this section will be presented
to the Board of Supervisors for approval in 2014)
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.
Proposed 2014 Platform 24
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.
128. 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.
129. SUPPORT legislation that requires the levee repair funds generated by Proposition 1E be
spent within one year or legislative hearings conducted on expediting the expenditure of
bond proceeds through the Department of Water Resources Delta Levees Section. 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. Legislative hearings
may produce explanations from the state as to why these funds are not being distributed
or identify methods to streamline administration of these funds.
130. SUPPORT legislation to amend California Water Code Section 12986, to maintain t he
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% 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. 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
Contra Costa County 25
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.
131. 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.
132. 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.
133. 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 Council, as adopted 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 Council’s Delta Plan. (2) If the jurisdiction
finds the project is consistent with the Delta Plan, they notify the Council of this finding.
(3) Anyone who objects to the project may appeal the consistency finding, and it will be
up to the Council to make the final decision. Should the 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 safety projects). The entire list of categorical exemptions
from CEQA also should be exempt from the Delta Stewardship Council’s “covered
actions” process.
Proposed 2014 Platform 26
Library Issues
134. 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.
135. 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.
136. 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
137. 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.
138. 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
139. SUPPORT increased flexibility in the use of transportation funds.
140. 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
Contra Costa County 27
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.
141. 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 the
expansion of school safety improvement programs such as crossing guards, revised
school zone references in the vehicle code, Safe Routes to Schools (SR2S) grants, efforts
to improve the safety, expansion and security of freight transportation system including
public and private maritime ports, airports, rail yards, railroad lines, rail bridges and
sidings. The County also supports limits or elimination of public liability for installing
traffic-calming devices on residential neighborhood streets.
142. 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.
143. 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, 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.
144. 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
preserving the authority of Public Works over County roads by way of ensuring the
Board of Supervisors’ control over County roads as established in the Streets &
Highways Code (Ch2 §940) is not undermined. This includes strongly opposing any
action by a non-local entity that would ultimately dilute current Board of Supervisors
discretion relative to road design and land use.
145. SUPPORT efforts to coordinate planning between school districts, the state, and local
jurisdictions for the purposes of: (1) locating and planning new schools, (2) funding
programs that foster collaboration and joint use of facilities, and (3) financing off-site
Proposed 2014 Platform 28
transportation improvements for improved access to existing schools. The County
supports the California Department of Education’s current effort to better leverage school
facilities in developing sustainable communities. Related to this effort, the County
supports reform of school siting practices by way of legislative changes related to any
new statewide school construction bond authorization. The County takes the position that
reform components should include bringing school siting practices and school zone
references in the vehicle code into alignment with local growth management policies,
safe routes to school best practices, State SB 375 principles, and the State Strategic
Growth Council’s “Health in All Policies Initiative.”
146. 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.
147. 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).
Veterans Issues
148. SUPPORT legislation and budget actions that will continue the state's annual local
assistance for County Veterans Service Offices at the $5.6 million level. The eventual
goal is to fully fund CVSOs by appropriating the full $11 million in local assistance
funding as reflected in Military and Veterans Code Section 972.1(d). County Veterans
Service Offices (CVSOs) play a vital role in the local veteran community, not only within
the Veterans Affairs claims process, but in other aspects as well. This includes providing
information about all veterans’ benefits (Federal, State and local), as well as providing
claims assistance for all veteran-related benefits, referring veterans to ancillary
community resources, providing hands-on development and case management services
for claims and appeals and transporting local veterans to VA facilities.
149. SUPPORT legislation and budget actions that will provide veterans organizations with
resources to make necessary repairs to their meeting halls and facilities. Across
California, the meeting halls and posts of Veterans Service Organizations such as the
American Legion and Veterans of Foreign Wars serve as unofficial community centers.
Many of these facilities have deteriorated in recent years due to declining membership
and reduced rental revenues as a result of the economic downturn. The County will
support legislation that would create a funding program for veterans’ organizations,
classified by the IRS as 501c19 non-profit organizations and comprised primarily of past
Contra Costa County 29
or present members of the United States Armed Forces and their family members, to use
for repairs and improvements to their existing facilities.
Waste Management Issues
150. SUPPORT legislation that establishes producer responsibility for management of their
products, including pharmaceuticals and veterinary medicine, at the end of their useful
life.
151. SUPPORT efforts to increase the development of markets for recycled materials.
152. SUPPORT legislative and regulatory efforts to allow third parties, under specific
circumstances and conditions, to collect and transport household hazardous waste to
collection facilities.
153. SUPPORT legislation that seeks to remedy the environmental degradation and solid
waste management problems on a State-wide basis of polystyrene containers and single-
use plastic bags typically given away for free at grocery, retail and other establishments.
154. SUPPORT legislation that does not require increased diversion from landfills without out
an adequate funding mechanism.
155. 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.
156. SUPPORT legislation that relieves counties with privately-operated landfills from the
state requirement for maintaining a 15-year supply of disposal capacity for waste
generated within each county. In 1989, Contra Costa County amended its general plan
to accommodate construction of Keller Canyon Landfill. Due to the difficulty in siting
landfills and the requirements of Public Resources Code 47100 – Countywide Siting
Element, the County maintained authority to control the amount of waste disposed at this
facility from outside the county. Despite Contra Costa County’s opposition, AB 845
became law on January 1, 2013 and prohibits any jurisdiction from regulating the
amount of waste disposed at a privately-operated landfill based on its place of origin.
Because local jurisdictions can no longer control importation of waste to privately-
operated landfills, a host County that receives a significant amount of waste from outside
the county will have a greater need to undertake the difficult task of identifying new
disposal capacity pursuant to the Countywide Siting Element requirement. Since the
state believes there is no need for local jurisdictions to regulate disposal of solid waste
by place of origin, the state should remove existing statutes that require each County with
privately-operated landfills to identify sufficient disposal capacity for the waste
generated by the jurisdictions within that County.
Proposed 2014 Platform 30
157. SUPPORT legislation that can reduce the amount of harmful pharmaceuticals (including
veterinary medicine) that ultimately enter waste water treatment facilities, bodies of
water, and landfills.
158. SUPPORT legislative and regulatory efforts to restrict payments from the Beverage
Container Recycling Program Fund for redemption of beverage containers sold out of
state. Fraudulent redemption of these beverage containers is costing the Fund from $40
million to $200 million annually. This fraud combined with loans to the General Fund to
reduce the State budget deficit has significantly reduced the availability of funds for
increasing recycling as intended under the law.
159. SUPPORT legislative and regulatory efforts that correct the imbalance between the
County’s regulatory authority to control the collection and disposal of solid waste
generated within the unincorporated areas and our exposure to state penalties for failing
to meet state mandates for diverting solid waste generated within these areas as a result of
Appellate Court decisions. In litigation where the County sought to protect its solid waste
franchise authority for unincorporated areas the court awarded franchise authority to the
Rodeo Sanitary District and Mountain View Sanitary District while the County remains
exposed to state penalties for failing to meet state mandates for reducing disposal of solid
waste generated in these areas.