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HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 10092014 - TWIC Agenda Pkt       TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE October 9, 2014 10:30 A.M. 651 Pine Street, Room 101, Martinez Supervisor Mary N. Piepho, Chair Supervisor Candace Andersen, Vice Chair Agenda Items: Items may be taken out of order based on the business of the day and preference of the Committee         1.Introductions   2.Public comment on any item under the jurisdiction of the Committee and not on this agenda. Speakers may be limited to three minutes.   3.Administrative Items. (John Cunningham, Department of Conservation and Development)   4. REVIEW record of meeting for the August 7, 2014 Transportation, Water and Infrastructure Committee meeting. This record was prepared pursuant to the Better Government Ordinance 95-6, Article 25-205(d) of the Contra Costa County Ordinance Code. Any handouts or printed copies of testimony distributed at the meeting will be attached to this meeting record. (John Cunningham, Department of Conservation and Development)   5. RECEIVE Long-Term Trash Reduction Plan and Quarterly Update, and PROVIDE direction to County Watershed Program Staff. (Cece Sellgren, Public Works Department).   6. RECEIVE report regarding the Replacement of High Pressure Sodium Vapor Street Lights with Light Emitting Diode (LED) Energy Efficient Lights and take action as appropriate. (Susan Cohen, Public Works Department)   7. CONSIDER report on Local, State, and Federal Transportation Related Legislative Issues and take ACTION as appropriate. (John Cunningham, Department of Conservation and Development)   8. RECEIVE update on Pedestrian-Rail Safety issues and DIRECT staff as appropriate. (Robert Sarmiento, Department of Conservation and Development)   9.Adjourn to the next scheduled TWIC meeting on November 6, 2014.   The Transportation, Water & Infrastructure Committee (TWIC) will provide reasonable accommodations for persons with disabilities planning to attend TWIC meetings. Contact the staff person listed below at least 72 hours before the meeting. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to a majority of members of the TWIC less than 72 hours prior to that meeting are available for public inspection at the County Department of Conservation and Development, 30 Muir Road, Martinez during normal business hours. Public comment may be submitted via electronic mail on agenda items at least one full work day prior to the published meeting time. For Additional Information Contact: John Cunningham, Committee Staff Phone (925) 674-7833 john.cunningham@dcd.cccounty.us Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in meetings of its Board of Supervisors and Committees. Following is a list of commonly used abbreviations that may appear in presentations and written materials at meetings of the Transportation, Water and Infrastructure Committee: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 ALUC Airport Land Use Commission AOB Area of Benefit BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BATA Bay Area Toll Authority BCDC Bay Conservation & Development Commission BDCP Bay-Delta Conservation Plan BGO Better Government Ordinance (Contra Costa County) BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCTA Contra Costa Transportation Authority CCWD Contra Costa Water District CDBG Community Development Block Grant CEQA California Environmental Quality Act CFS Cubic Feet per Second (of water) CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission DCC Delta Counties Coalition DCD Contra Costa County Dept. of Conservation & Development DPC Delta Protection Commission DSC Delta Stewardship Council DWR California Department of Water Resources EBMUD East Bay Municipal Utility District EIR Environmental Impact Report (a state requirement) EIS Environmental Impact Statement (a federal requirement) EPA Environmental Protection Agency FAA Federal Aviation Administration FEMA Federal Emergency Management Agency FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HBRR Highway Bridge Replacement and Rehabilitation HOT High-Occupancy/Toll HOV High-Occupancy-Vehicle HSD Contra Costa County Health Services Department HUD United States Department of Housing and Urban Development IPM Integrated Pest Management ISO Industrial Safety Ordinance JPA/JEPA Joint (Exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LCC League of California Cities LTMS Long-Term Management Strategy MAC Municipal Advisory Council MAF Million Acre Feet (of water) MBE Minority Business Enterprise MOA Memorandum of Agreement MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Protection Act OES-EOC Office of Emergency Services-Emergency Operations Center PDA Priority Development Area PWD Contra Costa County Public Works Department RCRC Regional Council of Rural Counties RDA Redevelopment Agency or Area RFI Request For Information RFP Request For Proposals RFQ Request For Qualifications SB Senate Bill SBE Small Business Enterprise SR2S Safe Routes to Schools STIP State Transportation Improvement Program SWAT Southwest Area Transportation Committee TRANSPAC Transportation Partnership & Cooperation (Central) TRANSPLAN Transportation Planning Committee (East County) TWIC Transportation, Water and Infrastructure Committee USACE United States Army Corps of Engineers WBE Women-Owned Business Enterprise WCCTAC West Contra Costa Transportation Advisory Committee WETA Water Emergency Transportation Authority WRDA Water Resources Development Act TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE 4. Meeting Date:10/09/2014   Subject:Review record of meeting for the August 7, 2014 Transportation, Water and Infrastructure Committee meeting.  Submitted For: John Kopchik, Interim Director, Conservation & Development Department  Department:Conservation & Development Referral No.: N/A   Referral Name: N/A  Presenter: John Cunningham, DCD 674-7833 Contact: Referral History: This record was prepared pursuant to the Better Government Ordinance 95-6, Article 25-205(d) of the Contra Costa County Ordinance Code. Referral Update: Any handouts or printed copies of testimony distributed at the meeting will be attached to this meeting record. Links to the agenda and minutes will be available at the TWI Committee web page: www.co.contra-costa.ca.us/twic Recommendation(s)/Next Step(s): Staff recommends approval of the attached Record of Action for the August 7, 2014 Committee meeting with any necessary corrections. Fiscal Impact (if any): N/A Attachments Aug 7 2014 TWIC Meeting Record.pdf TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE Record of Action for August 7, 2014 1:00 P.M. 651 Pine Street, Room 101, Martinez   Supervisor Mary N. Piepho, Chair Supervisor Candace Andersen, Vice Chair   Present: Mary N. Piepho, Chair      Candace Andersen, Vice Chair    Staff Present:John Cunningham, Principal Planner  Attendees: Terri Almeida  Mark Watts  Julie Bueren  Jill Ray  Jerry Fahy  Robert Sarmiento, Conservation and Development             1.Introductions See the attached sign-in sheet and "Attendees" section above.   2.Public comment on any item under the jurisdiction of the Committee and not on this agenda (speakers may be limited to three minutes).   3.Administrative Items:     4.Staff recommends approval of the attached Record of Action for the June 5, 2014 Committee meeting with any necessary corrections.       The Record of Action for the June 5, 2014 Transportation, Water, and Infrastructure Committee meeting was approved unanimously.   5.CONSIDER Report on Local, State, and Federal Transportation Related Legislative Issues and take ACTION as appropriate including CONSIDERATION of specific recommendations in the report above.       The Committee received the report and, 1) APPROVED submitting the school zone  The Committee received the report and, 1) APPROVED submitting the school zone legislative proposal to the California State Association of Counties, 2) DIRECTED staff to coordinate with the Legislative Committee and the Contra Costa Transportation Authority on the school zone proposal, 3) DIRECTED staff to bring a position of WATCH on Senate Bill 1183 (DeSaulnier) Surcharge for Bicycle Infrastructure.   6.RECEIVE update on the progress of the Olympic Corridor Trail Connector Study and provide COMMENT and DIRECTION to staff as appropriate.       The Committee provided comments on the subject study regarding the following, parking along Olympic Blvd, relative safety of different facilities, clarify/summarize why certain alternatives were chosen, where advisable characterize de-prioritized alignments as options to be considered in the future, primary alignment should follow natural paths of travel, account for Doris Eaton reopening as a public school, address any relevant Priority Development Area plans, and clarify maps to better indicate jurisdictional boundaries to assist with better understanding implementation obligations. Terri Almeida (Parkmead) provided comment regarding the need for increased safety, design for riders who are not experts, and despite the grade, she would use a Paulson Lane option.   7.The next meeting is currently scheduled for Thursday, September 4, 2014.     Due to schedule conflicts the next TWIC meeting will be held on October 9th at 10:30 at the same location (651 Pine Street, Martinez - Room 101)   8.Adjourn    The meeting adjourned in the afternoon of August 7, 2014     For Additional Information Contact:  John Cunningham, Committee Staff For Additional Information Contact: Phone (925) 674-7833, Fax (925) 674-7250 john.cunningham@dcd.cccounty.us TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE 5. Meeting Date:10/09/2014   Subject:Update on Long-Term Trash Reduction Plan Submitted For: Julia R. Bueren, Public Works Director/Chief Engineer  Department:Public Works Referral No.: 7   Referral Name: Monitor creek and watershed issues and seek funding for improvement projects related to these issues.  Presenter: Cece Sellgren (925) 313-2296 Contact: Cece Sellgren (925) 313-2296 Referral History: Cece Sellgren presented the draft Long-Term Trash Management Plan (Trash Plan) for Contra Costa County to the Transportation, Water & Infrastructure Committee (TWI Committee) at the March 6, 2014, meeting. She presented an update of the trash planning activities on June 5, 2014. Referral Update: The County achieved a 42.3% reduction in litter in FY 2013-14, surpassing the required 40% mandate. The bulk of the reduction was achieved through on-land cleanups (27.4%) — either through the County’s litter abatement contractor or through the “Adopt-A-Road” program run by Tony Medina, from the Maintenance Division in Public Works. Instream cleanups accounted for 8.8% trash reduction. Full trash capture devices accounted for 4.1% trash reduction. The County, in alignment with all Contra Costa cities, also claimed a 2% reduction from various outreach and education activities. County Watershed staff met with Municipal Advisory Councils (or Community Facility Districts) to present the community trash reduction plan in the following communities: Bay Point, North Richmond, El Sobrante, Rodeo, Knightsen, Pacheco, and Crockett. Watershed Program staff are coordinating with the departments of Conservation and Development–Code Enforcement, Health Services–Environmental Health, and Sheriff’s (especially “quality of life” deputies) to integrate activities in regards to trash. Recommendation(s)/Next Step(s): The County Stormwater Manager recommends: The County Stormwater Manager recommends: Continue to reduce trash rates in the five trash-challenged communities by maintaining on-land cleanups using a contractor. Reevaluate whether rural communities and rural roads should be included in the NPDES (National Pollutant Discharge Elimination System) trash reduction requirements. Transition from using a contractor to using local labor forces to conduct on-land cleanups, especially in residential neighborhoods. Research alternative sources of labor for cleanups on County roads. Continue to evaluate the feasibility of installing larger trash capture devices in trash-challenged communities for which drainage inlet trash capture devices are not feasible. Implement a coordinated program to ensure every residence, apartment complex, and business has the right size and frequency of garbage service to reduce trash bin overfill. Double the frequency of street sweeping in high and moderate trash rate commercial areas. Expand the number of communities where trash reduction efforts are implemented — Pacheco and Crockett are next likely communities. Expand the “Adopt-A-Road” program and plan for transition of key staff, if needed. Fiscal Impact (if any): In the last fiscal year, County Watershed Program efforts to plan for and implement trash reduction spent approximately: $65,000 to field verify the GIS generated trash load map of unincorporated County in the summer of 2013. $107,000 to complete the draft Long-Term Trash Reduction Plan in February 2014. $425,000 to conduct on-land cleanups in the five high priority communities and rural roads during FY 13-14. Attachments No file(s) attached. TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE 6. Meeting Date:10/09/2014   Subject:Replacement of High Pressure Sodium Vapor Street Lights with Light Emitting Diode (LED) Energy Efficient Lights Submitted For: Julia R. Bueren, Public Works Director/Chief Engineer  Department:Public Works Referral No.: 13   Referral Name: Monitor implementation of the Letter of Understanding with PG&E for the maintenance of PG&E streetlights in Contra Costa.  Presenter: Susan Cohen Contact: Susan Cohen, Public Works Special Districts, 925-313-2160 Referral History: At the December 5, 2013 TWIC meeting, Public Works staff provided an update on PG&E Coordination with Cities and County for Street Light Maintenance. Referral Update: Public Works/Special Districts manages the street light program countywide, assuring the continuity of repairs and ongoing operations. Special Districts performed a pilot project in 2011 to install Light Emitting Diode (LED) lights in two select locations. That work was completed pursuant to a 5-year agreement, “PG&E Products and Services Agreement”, signed in 2011. Pacific Gas and Electric Company (PG&E) is now proposing installation of LED lights on the remaining street lights owned by the County (Attachment). Conversion of existing High Pressure Sodium (HPS) technology to Light Emitting Diode (LED) fixtures saves energy. Currently, County-owned street lights use about 2.3 million kilowatt-hours of energy each year. The energy use could reduce to about 860,400 kilowatt-hours of energy if the fixtures were converted to LED for a reduction of resulting in an energy savings of approximately 63 percent. The County currently pays PG&E about $11,300 per month for electricity; this is expected to be reduced to approximately $6,100 per month if the lights are changed over to LEDs. Additionally, with LED street lights, County residents could expect more consistent lighting levels along a lit street, better ability to recognize colors at night, and reduced sky glow. Recommendation(s)/Next Step(s): RECEIVE report regarding the Replacement of High Pressure Sodium Vapor Street Lights with Light Emitting Diode (LED) Energy Efficient Lights and take action as appropriate. Fiscal Impact (if any): The total cost for this project is estimated at approximately $400,000 and there is funding available to perform this work from County Service Area L-100 funds. County Service Area L-100 was formed in 1986 to finance the cost of street lighting services. Total annual revenue for CSA L-100 is $1.3 million; annual expenses including utility billings are about $1.04 million. CSA L-100 has funds for this project in its fund balance. The County would realize a return on investment from the lowered energy bills in about 5 years. Attachments Attachment Agreement No: SLT-032.2 Contra Costa County Page 1 of 8 PROPOSAL NUMBER 2 This Proposal is made and entered into as of ______________, 20___ by and between Contra Costa County, a political subdivision of the State of California (“Customer”) and Pacific Gas and Electric Company (“PG&E”). This Proposal is subject to the terms and conditions of the PG&E Products and Services Agreement between Customer and PG&E dated as of March 30, 2011 (the “Agreement”). DESCRIPTION OF SERVICES o Scope of Work: Replace 1,023 HPSV lights with LED lights according to the map and LED spreadsheet (identifies each location) in the Contra Costa County. o Number any light poles that are not numbered using badge number stickers provided by PG&E. o Process rebates, if applicable, and request billing file rate changes. o Provide a revised GIS-based inventory for all LS-2 lights. Estimated minimum number of days to complete scope of work: To be determined. Date work is estimated to begin: To be determined. Customer sites where work is to be performed: See attached map and LED spreadsheet for location. Type and number of street light fixtures to be replaced: See attached map and LED spreadsheet for fixtures. Locations may change if street lights are added to or deleted from the project during installation, subject to mutual written agreement. A final spreadsheet will be given to Customer upon completion of the work. If in the process of performing the Service, active bird nests, and/or bee hives, wasps are discovered, PG&E will notify Customer of such condition and discontinue work on affected equipment. If active bee hives or wasp nests are discovered, PG&E will notify Customer of such condition and discontinue work on affected equipment until it is safe to resume work at that location. MATERIALS DISPOSAL If available, Customer will make space (to be determined) available at Customer-owned property for material storage and disposal during construction. PG&E will hold Customer harmless for damage to stored materials while on Customer’s property. Customer site where PG&E may store materials and waste disposal bins: Address: To be determined. PG&E’s Contractor will keep the lights that have been replaced in a locked container until taking them to PG&E’s yard. Contractor will separate the lamp from the fixture and put them in the appropriate bins. PG&E will label the bins and ship them to a registered disposal facility. Agreement No: SLT-032.2 Contra Costa County Page 2 of 8 TRAFFIC CONTROL PLAN PG&E Contractor shall be required to comply with all applicable federal, state, and local laws, rules, regulations, permits, and codes including without limitation such laws, rules, regulations, permits, and codes with respect to safety and traffic control. COST AND PAYMENT SCHEDULE PG&E estimates the services under this Proposal will cost Three Hundred Ninety Four Thousand, Five Hundred, Thirty Seven dollars and no cents ($394,537). However, Customer will be invoiced for actual installations (location and size of fixture). The estimate will not be exceeded without Customer’s prior written approval. This price does  does not  subtract the value of the LED streetlight rebates from the cost to provide the Services. The LED streetlight rebates ($103,925) have been calculated based on the following rebate structure: Measure Description Rebate/Unit Measure LED STREET LIGHTING - REPLACE UP TO 70 WATT LAMP WITH LED $50 LED STREET LIGHTING - REPLACE 71 TO 100 WATT LAMP WITH LED $75 LED STREET LIGHTING - REPLACE 101 TO 150 WATT LAMP WITH LED $100 LED STREET LIGHTING - REPLACE 151 TO 200 WATT LAMP WITH LED $125 LED STREET LIGHTING - REPLACE 201 TO 250 WATT LAMP WITH LED $150 LED STREET LIGHTING - REPLACE 251 TO 310 WATT LAMP WITH LED $175 LED STREET LIGHTING - REPLACE 311 TO 400 WATT LAMP WITH LED $200 For any lights that are installed in field after December 31, 2014 the LED streetlight rebates will be reduced. These lights will fall under the new rebate structure below: Measure Description Rebate/Unit Measure (LED Replacement) INSTALL 501-750 W LED FIXTURE $200 INSTALL 266-500 W LED FIXTURE $150 INSTALL 226-265 W LED FIXTURE $125 INSTALL 193-225 W LED FIXTURE $100 INSTALL 151-192 W LED FIXTURE $80 INSTALL 111-150 W LED FIXTURE $70 INSTALL 71-110 W LED FIXTURE $60 INSTALL 51-70 W LED FIXTURE $50 INSTALL 0-50 W LED FIXTURE $40 Agreement No: SLT-032.2 Contra Costa County Page 3 of 8 Payment Schedule: Initial Payment: Upon PG&E ordering of materials, Customer may be invoiced 50% of the total amount of the contract. Final Payment: Customer will be invoiced for final 50% payment upon completion of the services described in this agreement and in the master agreement when punch list items and additional repair work (if any) have been completed. If Customer chooses to terminate this Proposal prior to completion of the Services, then Customer shall pay PG&E for all costs accrued up to the date of termination, including all materials purchased. PG&E will submit invoices to Customer based on the Payment Schedule. Each invoice will reference the Agreement and this Proposal and be submitted to Customer’s billing address as set forth below. Customer will remit payment to PG&E within 30 days after receipt of the invoice. BUSINESS CONTACTS: PG&E’s primary business contact for this Proposal: Name: Michelle Ward Title: Business Development Manager Address: 245 Market Street, Mail Code N10D San Francisco, CA 94105 Telephone: 415-973-4495 Email: M3PA@PGE.COM Customer’s primary business contact for this Proposal: Name: Susan Cohen Title: Special Districts Manager, CCC Public Works Department, Special Districts Address: 255 Glacier Drive, Martinez, CA 94553 Telephone: 925-313-2160 Email: scohe@pw.cccounty.us CUSTOMER BILLING CONTACT: Customer’s billing contact for this Proposal: Name: Jessi Duffy Title: Engineering Technician, CCC Public Works Department, Special Districts Address: 255 Glacier Drive, Martinez, CA 94553 Telephone: 925-313-2286 Email: jduff@pw.cccounty.us Agreement No: SLT-032.2 Contra Costa County Page 4 of 8 IN WITNESS THEREOF, the parties agree to be bound by this Proposal as of the date first set forth above. CUSTOMER CONTRA COSTA COUNTY PACIFIC GAS AND ELECTRIC COMPANY Print Name: Print Name: Signature: Signature: Date: Date: . Agreement No: SLT-032.2 Contra Costa County Page 5 of 8 MANUFACTURER’S WARRANTY INFORMATION Street light manufacturer’s contact information: The street light manufacturer’s contact information and warranty will be attached to each Proposal. Cree LED Lighting Fixtures 1200 92nd Street Sturtevant, WI 53177-1854 Phone: (800)236-6800 Warranty period: 10 years. Photo control warrantor’s contact information: Ripley Lighting Controls 2023 Platt Springs Road P.O. Box 3229 West Columbia, SC 29169 Phone: 803-939-4700 Fax: 803-939-4777 Warranty period: 8 years. Warranty is attached. Agreement No: SLT-032.2 Contra Costa County Page 6 of 8 LIMITED WARRANTY FOR CREE® LED LIGHTING FIXTURES (INCLUDING BETALED® TECHNOLOGY; TRUEWHITE® TECHNOLOGY; AND ESSENTIA® FIXTURES) This limited warranty is provided by the Cree company described below ("Seller") to you as the original purchaser of the LED lighting product that is identified on Seller's invoice reflecting its original purchase (the "Product"). The Seller is the Cree company identified as such on the invoice. This limited warranty may be transferred to subsequent purchasers of the Product, provided that such Product is resold in new condition and in its original packaging. Seller warrants that the Product, when delivered in new condition and in its original packaging, will be free of defects in material and workmanship for a period of TEN (10) YEARS from the date of original purchase. The determination of whether the Product is defective shall be made by Seller in its sole discretion with consideration given to the overall performance of the Product. A Product shall not be considered defective solely as a result of the failure of individual LED components to emit light if the number of inoperable components is less than 10% of the total number of LED components in the Product. If Seller determines the Product is defective, Seller will elect, in its sole discretion, to refund you the purchase price of the Product, repair the Product or replace the Product. This limited warranty will not apply to loss or damage to the Product caused by: negligence; abuse; misuse; mishandling; improper installation, storage or maintenance; damage due to fire or acts of God; vandalism; civil disturbances; power surges; improper power supply; electrical current fluctuations; corrosive environment installations; induced vibration; harmonic oscillation or resonance associated with movement of air currents around the Product; alteration; accident; failure to follow installation, operating, maintenance or environmental instructions prescribed by Seller or applicable electrical codes; or improper service of the Product performed by someone other than Seller or its authorized service provider. This limited warranty excludes field labor and service charges related to the repair or replacement of the Product. THIS LIMITED WARRANTY IS VOID IF THE PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH IT IS DESIGNED. Seller reserves the right to utilize new, reconditioned, refurbished, repaired or remanufactured products or parts in the warranty repair or replacement process. Such products and parts will be comparable in function and performance to an original product or part, as determined by Seller in its sole discretion, and warranted for the remainder of the original warranty period. In order to make a warranty claim, you must notify Seller in writing within sixty (60) days after your discovery of the defect, provide proof of purchase such as the invoice and comply with Seller's other warranty requirements. Upon receiving that notice, Seller may require you to promptly return the Product to Seller, or its authorized service provider, freight prepaid. Your warranty claim should be addressed to Cree c/o Ruud Lighting, Inc., 9201 Washington Avenue, Racine, WI 53406. This limited warranty only applies to specified LED fixtures. Any warranties applicable to finish, poles, lamps, CR Series downlights, LR24™ troffers, certain BetaLED® Technology outdoor fixtures (specifically Class II as defined per IEC/EN60598), backup batteries, controls, occupancy sensors, photocells and other fixture accessories can be found at www.cree.com/lighting/products/warranty. Agreement No: SLT-032.2 Contra Costa County Page 7 of 8 THE FOREGOING WARRANTY PROVISIONS ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AGAINST INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES. SELLER'S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT SHALL IN ANY EVENT BE LIMITED TO THE MONIES PAID TO SELLER FOR THAT DEFECTIVE PRODUCT. This warranty is effective for purchases of Product on or after the effective date set forth below. Seller reserves the right to modify this warranty from time to time. Any modification of this warranty shall be effective for all orders placed with Seller on or after the effective date of such revised warranty. Agreement No: SLT-032.2 Contra Costa County Page 8 of 8 2023 Platt Springs Road P.O. Box 3229 West Columbia, SC 29169 Phone: 803-939-4700 Fax: 803-939-4777 WARRANTY The 6300 Series carries an 8-year warranty. If the product fails due to manufacturing defect within its warranted period, Ripley Lighting Controls will choose to either replace or repair the lighting control unit. This warranty does not cover damage caused by accident, abuse, misuse or lightning strikes. Ripley’s liability hereunder shall be limited to replacement or repair and shall not cover the cost of removal or installation of the unit, nor any consequential damages. Ripley Lighting Controls assumes no further liability with respect to the sale or use of this product. This warranty is in lieu of other warranties, expressed or implied, including the warranty of merchantability. Ripley Lighting Controls makes no warranty with respect to the suitability of the user’s particular application. This warranty gives the user specific legal rights. TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE 7. Meeting Date:10/09/2014   Subject:CONSIDER report on Local, State, and Federal Transportation Related Legislative Issues and take ACTION as appropriate. Submitted For: John Kopchik, Interim Director, Conservation & Development Department  Department:Conservation & Development Referral No.: 1   Referral Name: Review legislative matters on transportation, water, and infrastructure.  Presenter: John Cunningham, DCD 674-7833 Contact: John Cunningham, (925) 674-7833 Referral History: This is a standing item on the Transportation, Water, and Infrastructure Committee referral list and meeting agenda. Referral Update: In developing transportation related legislative issues and proposals to bring forward for consideration by TWIC, staff receives input from the Board of Supervisors, references the County's adopted Legislative Platforms, coordinates with our legislative advocates, partner agencies and organizations, and consults with the Committee itself. At this time staff is highlighting the items and RECOMMENDATIONS below for the Committees consideration. The issues are separated in to three cateogories, LOCAL, STATE, and FEDERAL: LOCAL 2014 Countywide Transportation Plan (CTP) Update & Planning for Possible 2016 Ballot Measure: (Given that this will be a standing item for the foreseeable future, information from the prior months report will be in italics) The Contra Costa Transportation Authority (CCTA) is in the process of developing the 2014 Countywide Transportation Plan (CTP) which will be finalized at the end of 2014. The planning process is expected to produce a financially unconstrained project/program list of approximately $5B. This list will ultimately be narrowed down to approximately $2.5B. At that point a more detailed discussion regarding revenue options to pay for the proposed programs and projects will take place. The level of engagement of the County/Board of Supervisors will vary depending on what funding option, if any, is pursued. At the 4/16/14 CCTA Board meeting staff reported that work has begun in developing a budget and scope for a possible 2016 sales tax measure. Also discussed was 1) the development of a governance structure (both internal and external) to oversee the process and 2) whether or not modification of the existing ordinance or an entirely new ordinance would be more appropriate. October 2014 CTP Update: The Board of Supervisors discussed a draft comment letter (and associated project list) on the CTP at their September 23, 2014 meeting. Staff revised the letter (Attached: BOStoCCTAre2014CTP_Draft_2.pdf) based on comments and was directed to bring it to the October 7 Board of Supervisors meeting as long as the assumed deadline extension was approved by CCTA (The deadline was, in fact, extended to November 3). Staff subsequently received a request to remove the draft letter from the October 7 agenda. The letter is now scheduled for the October 21 Board of Supervisors Meeting.  CTP SEIR: On September 19, 2014 CCTA released the Draft Supplemental Environmental Impact Report (SEIR) for the 2014 Countywide Transportation Plan (CTP) for review and comment. Staff is in the process of reviewing the document. Given the timing presented by the deadline staff is requesting authorization to bring comments on the CTP directly to the Board of Supervisors. RECOMMENDATION: DIRECT staff to bring comments, if necessary, on the DRAFT CTP SEIR directly to the Board of Supervisors. STATE Tracked Bills: Attached to this report are 1) a complete list of bills currently being tracked (LegReportAsOfSept29.pdf) and  2) a table of bills that the TWI Committee and/or the BOS has either discussed or taken a position (Attached: Positions on Legislation of Interest - 2014.pdf) that includes positions of other entities where available. In addition to our standing discussion regarding tracked bills, Mark Watts and/or County staff will provide additional, verbal updates at the Committee meeting on other bills of particular interest, a preliminary debrief from the 2014 session and updates on: • Iron Horse Corridor • Cap and Trade: Draft Guidelines for the SGC Affordable Housing & Sustainable Communities Program (Attached: SGC - Draft_AHSC_Guidelines.pdf) School Safety/Siting Initiatives: School Siting: In 2014 and in prior years, the TWIC Committee, TWIC members, the Board of Supervisors and staff conducted numerous efforts to influence the State's effort to reform school siting policies. Activities included coordinating with CSAC, meeting with Department of Education staff, meetings with our legislative delegation, coordination with professional organizations/partner agencies, and legislative proposals.  The assumed legislative vehicle for school siting reform in 2014 was AB 2235 (Buchanan) which was moved to the Senate Inactive File after the Governor expressed his opposition to the bill. Mark Watts and/or County staff will provide additional information at the Committee meeting on how we intend to proceed in 2015. School Zone Enhancement Legislative Proposal: As the Committee is aware, our June 2014 outreach meetings with our legislative delegation regarding school siting and safety resulted in the expression of support for a 2015 School Zone Enhancement legislative proposal. The following is an update on activities related to this effort: 1) Based on direction from TWIC and the Board of Supervisors, staff submitted a legislative proposal to the California State Association of Counties (CSAC). (Attached: Bill Proposal CC CountySchoolZone8-8-14.pdf). 2) Staff attended the County Engineers Association of California (CEAC) policy conference on September 18 in Sacramento and presented the proposal. CEAC was interested in the proposal, provided comment, declined to support the proposal but did not oppose the concept. CEAC offered to consider the proposal again in the future once the County prepared a response to comments from the members.  3) A request for support from CCTA for the legislative proposal was included in the aforementioned CTP Comment letter (Page 3 of the attachment: BOStoCCTAre2014CTP Draft 2.doc). 4) The Governor vetoed SB 1151 (Cannella) which would have increased fines in school zones (Attached SB_1151_Veto_Message.pdf). The development of this bill should be instructive to the County. The fact that nearly every Republican and Democrat, in both houses, indicates substantial support for the concept. The veto message includes information that could help the County craft a proposal more acceptable to the Governor (Attached: 2014 Legislation Re Roadway Safety.pdf) in that we know the Governor is opposed to any increase in fines.  Mark Watts and/or County staff will provide additional information at the Committee meeting on how we intend to proceed in 2015. FEDERAL Visit from Federal Advocate The County's federal legislative advocate (Paul Schlessinger, Alcalde & Fay) will be in Contra Costa on October 24, 2014. The Committee should discuss how best to use Mr. Schlessinger's time. Thus far proposals from staff have included a tour of Delta infrastructure and plan areas (proposed intakes for the BDCP, ship channel, etc), and Northern Waterfront Economic Development Initiative area.  TWIC should discuss what transportation needs or issues, if any, we should highlight for Mr. Schlessinger during his visit. Projects or programs that have potential federal role include: • State Route 239/TriLink and other major roadway projects • Maintenance funding, particularly bridge funding that was previously guaranteed in SAFETEA-LU and now forced to compete with highway projects under MAP-21 (SAFETEA-LU=Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, MAP-21=the Moving Ahead for Progress in the 21st Century Act.) • Major Rail Extensions: West County BART, eBART next segment, and others.  Other Federal News of Note (Adapted from Politico: Morning Transportation)  BOEHNER SAYS BIG HIGHWAY BILL ‘DOABLE:’ House Speaker John Boehner hinted that a long-term transportation bill could be in the works next year if Congress and the administration can find a way to work together on that and other big ticket items. Making an appearance on ABC’s “This Week” on Sunday, Boehner told George Stephanopoulos that with only two years left in President Barack Obama’s term, it’s now or never for the two leaders to do “big things” together. “I think the conversation's pretty straightforward. 'Mr President, you've got two years left. Want to have two years like we've had the last four years where we just butt heads and butt heads and butt heads?’” Boehner said. “And it's up to us to see where the common ground is. But tax reform, a big highway bill, certainly are in the realm of doable.” The House speaker’s plug for a potential multiyear bill comes as many lawmakers and lobbyists continue to say privately that Congress won’t act on highways and transit until its forced — meaning sometime next year before the current extension expires at the end of May. CRUDE-BY-RAIL COMMENTS POUR IN: Elana Schor reports: "Oil producers and railroads sang a similar refrain Tuesday in their comments on the Department of Transportation's (DOT) proposed oil-train regulations: Go easy on us. But the two sides also agreed on the designs of future tank cars, marking a change from the tension that has reigned between the oil companies that ship fuel by train and the railroads that carry the cargo. DOT, reacting to a record-breaking spate (http://politico.pro/1rFaxPU - requires subscription) of fiery oil-train derailments, is trying to push its rule across the finish line by next year without outgoing US Department of Transportation Pipeline and Hazardous Materials Safety Administration Chief Cynthia Quarterman." Read the full story: (http://politico.pro/YJLDmY - requires subscription) 2015 Contra Costa County State and Federal Legislative Platform Development The County Administrator's Office (CAO) has: 1) requested input on the development of the County's 2015 Legislative Platform, and 2) solicited legislative proposals for 2015 2015 State and Federal Legislative Platforms: Staff has not had the opportunity to develop a response to the 2015 platform development request at the time of printing this TWIC agenda. The 2014 platforms are attached (2014 Federal Legislative Platform.pdf and 2014 State Legislative Platform.pdf) to facilitate discussion at the October TWIC meeting.  2015 Legislative Proposals : At this time, staff is proposing submitting the aforementioned CSAC School Zone Enhancement Proposal (Attached: Bill Proposal CC CountySchoolZone8-8-14.pdf) to the CAO. Recommendation(s)/Next Step(s): CONSIDER Report on Local, State, and Federal Transportation Related Legislative Issues and take ACTION as appropriate including CONSIDERATION of specific recommendations in the report above. Fiscal Impact (if any): No fiscal impact. Attachments Leg Report As of Sept 29-2014 BOStoCCTAre2014CTP_Draft_2 Bill Proposal CC CountySchoolZone8-8-14.pdf SB_1151_Veto_Message.pdf Positions on Legislation of Interest - 2014.pdf 2014 Federal Legislative Platform 2014 State Legislative Platform 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 1/22 California Status actions entered today are listed in bold. File name: 2014TransLeg Author:Bonilla (D) Title:Construction: Prevailing Wage Fiscal Committee:yes Urgency Clause:no Introduced:12/03/2012 Last Amend:08/22/2014 Disposition:To Governor Location:To Governor Summary:Revises the definition for construction to include postconstruction phases and cleanup work at the jobsite, for purposes of the requirements in existing law regarding the payment of prevailing wages on public works construction, alteration, demolition, installation, or repair work done under contract and paid in whole or in part out of public funds. Status:09/10/2014 *****To GOVERNOR. Author:Perez J (D) Title:Infrastructure and Revitalization Financing Districts Fiscal Committee:yes Urgency Clause:no Introduced:02/04/2013 Enacted 09/29/2014 Disposition:Enacted Location:Signed by Governor Summary:Authorizes the creation by a city, county, city and county, and joint powers authority, of 1.CA AB 26 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 2.CA AB 229 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 2/22 an infrastructure and revitalization financing district and the issuance of debt with voter approval. Authorizes the creation of a district and the issuance of debt. Authorizes a district to finance projects in redevelopment project areas and former redevelopment project areas and former military bases. Status:09/29/2014 Signed by GOVERNOR. Author:Mullin (D) Title:Local Government: Assessment Or Property-Related Fee Fiscal Committee:no Urgency Clause:yes Introduced:02/15/2013 Last Amend:02/10/2014 Disposition:Pending Location:SENATE Summary:Authorizes the City/County Association of Governments of San Mateo County, in accordance with specified provisions of the California Constitution, to impose a parcel tax or a property-related fee for the purpose of implementing stormwater management programs. Status:08/04/2014 In ASSEMBLY. From Inactive File. To third reading. 08/04/2014 In ASSEMBLY. Ordered returned to SENATE. *****To SENATE. Author:Lowenthal B (D) Title:Greenhouse Gas Reduction Fund: Sustainable Communities Fiscal Committee:yes Urgency Clause:no Introduced:02/20/2013 Last Amend:04/15/2013 Disposition:Failed 3.CA AB 418 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 4.CA AB 574 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 3/22 Location:ASSEMBLY Summary:Requires the State Air Resources Board to establish standards for the use of moneys allocated in the Greenhouse Gas Reduction Fund for sustainable communities projects. Requires the board to establish the criteria for the development and implementation of regional grant programs. Requires the State Transportation Commission to designate the regional granting authority within each region of the state to administer the allocated moneys for regional grant programs. Status:01/31/2014 Died pursuant to Art. IV, Sec. 10(c) of the Constitution. 02/03/2014 From Committee: Filed with the Chief Clerk pursuant to JR 56. Author:Frazier (D) Title:Driver's Licenses: Veteran Designation Fiscal Committee:yes Urgency Clause:no Introduced:02/22/2013 Enacted 09/27/2014 Disposition:Enacted Location:Chaptered Chapter:644 Summary:Allows an in-person applicant for a driver's license or identification card to request that the license or care be printed with the word veteran. Requires the applicant to present verification of veteran status on a specified form. Requires the county veterans service offices to verify an applicant's veteran status for these purposes. Authorizes an additional fee to a person who requests such designation. Status:09/27/2014 Chaptered by Secretary of State. Chapter No. 644 Author:Bocanegra (D) Title:Recycling: Waste Tires: Public Works Project Fiscal Committee:yes Urgency no 5.CA AB 935 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 6.CA AB 1179 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 4/22 Clause: Introduced:02/22/2013 Enacted 09/26/2014 Disposition:Enacted Location:Chaptered Chapter:589 Summary:Authorizes the Department of Resources Recycling, when awarding grants pursuant to the tire recycling program, to award grants for public works projects to create parklets, greenways, or both, that use tire-derived products. Requires the Department, if it awards those grants, to give priority for funding to those projects in disadvantaged communities. Status:09/26/2014 Chaptered by Secretary of State. Chapter No. 589 Author:Ting (D) Title:Bikeways Fiscal Committee:yes Urgency Clause:no Introduced:02/22/2013 Enacted 09/20/2014 Disposition:Enacted Location:Chaptered Chapter:495 Summary:Requires the Department of Transportation to establish and update minimum safety design criteria for each type of bikeway, with consideration for the safety of vulnerable populations. Requires the publishing of the new criteria by a specified date. Authorizes a local agency to utilize other minimum safety criteria if adopted by resolution at a public meeting. Repeals related requirements of the Department to include a report to the Legislature about the steps taken to implement certain requirements. Status:09/20/2014 Chaptered by Secretary of State. Chapter No. 495 MTC:Support 7.CA AB 1193 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 8.CA AB 1324 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 5/22 Author:Skinner (D) Title:Use Taxes: City of El Cerrito Fiscal Committee:no Urgency Clause:no Introduced:02/22/2013 Last Amend:08/07/2014 Disposition:To Governor Location:To Governor Summary:Authorizes the City of El Cerrito, if certain requirements are met, to impose a transactions and use tax for general purposes at no more than a specified rate, that, in combination with other specified taxes, each would exceed the combined rate limit provided under the Transactions and Use Tax Law. Provides this tax rate would not be included in the calculation of the local sales and use tax limitation in existing law. Status:09/10/2014 *****To GOVERNOR. Author:Gatto (D) Title:Vehicle Accidents Fiscal Committee:yes Urgency Clause:no Introduced:01/21/2014 Last Amend:06/26/2014 Disposition:To Governor Location:To Governor Summary:Provides that a driver of a vehicle involved in an accident where a person is struck shall immediately stop the vehicle at the scene of the accident and provide specified information including his or her name and current residence address. Provides that a violation of these provisions would be either an infraction or a misdemeanor. Requires the immediate suspension of the driver's license of a convicted driver for a specified time period. Status:09/05/2014 *****To GOVERNOR. 9.CA AB 1532 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 10.CA AB 1581 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 6/22 Author:Buchanan (D) Title:School Facilities: Construction Contracts Fiscal Committee:yes Urgency Clause:no Introduced:02/03/2014 Enacted 09/18/2014 Disposition:Enacted Location:Chaptered Chapter:408 Summary:Requires a school facilities lease instrument and the agreement with the lowest responsible bidder to include a requirement for the person, firm or corporation that constructs a building to be leased and used by the school district upon a designated site, including the prime contractor and electrical, mechanical and plumbing subcontractors, to comply with specified prequalification questionnaires and financial statement requirements. Requires the governing board to establish a process for prequalification. Status:09/18/2014 Signed by GOVERNOR. 09/18/2014 Chaptered by Secretary of State. Chapter No. 408 Author:Frazier (D) Title:Construction Manager/General Contractor: Transit Agency Fiscal Committee:yes Urgency Clause:no Introduced:02/14/2014 Last Amend:06/10/2014 Disposition:Pending Location:Senate Transportation and Housing Committee Summary:Authorizes regional transportation agencies to use the Construction Manager/General Contractor project delivery method to design and construct certain projects. Requires specified information provided to a regional transportation agency to be verified under oath. Requires a regional transportation agency using the Construction Manager/General Contractor project delivery method to comply with prevailing wage provisions and to reimburse the Department of Industrial Relations for its enforcement costs. 11.CA AB 1724 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 7/22 Status:06/10/2014 From SENATE Committee on TRANSPORTATION AND HOUSING with author's amendments. 06/10/2014 In SENATE. Read second time and amended. Re-referred to Committee on TRANSPORTATION AND HOUSING. Author:Buchanan (D) Title:High-Occupancy Vehicle Lanes Fiscal Committee:no Urgency Clause:no Introduced:02/18/2014 Enacted 07/08/2014 Disposition:Enacted Location:Chaptered Chapter:94 Summary:Amends the value pricing high-occupancy vehicle program that authorizes the entry and use of high-occupancy vehicle lanes by single-occupant vehicles for a fee. Authorizes the program to require a high-occupancy vehicle to have an electronic transponder or other electronic devices for law enforcement purposes. Status:07/08/2014 Signed by GOVERNOR. 07/08/2014 Chaptered by Secretary of State. Chapter No. 94 Author:Frazier (D) Title:Department of General Services: Vehicle and Equipment Fiscal Committee:yes Urgency Clause:no Introduced:02/19/2014 Enacted 09/17/2014 Disposition:Enacted 12.CA AB 1811 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 13.CA AB 1857 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 8/22 Location:Chaptered Chapter:381 Summary:Authorizes the Department of General Services to purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, as defined, subject to a specified annual limitation. Establishes requirements for bid evaluation and protest procedures. Requires the Department of General Services to prepare a prescribed evaluation with regard to this process, to be posted on the Department of Transportation's Internet Web site. Status:09/17/2014 Signed by GOVERNOR. 09/17/2014 Chaptered by Secretary of State. Chapter No. 381 Author:Muratsuchi (D) Title:Vehicles: High-Occupancy Vehicle Lanes Fiscal Committee:yes Urgency Clause:no Introduced:02/20/2014 Enacted 09/21/2014 Disposition:Enacted Location:Chaptered Chapter:527 Summary:Increases the number of identifiers that the Department of Motor Vehicles is authorized to issue under provisions authorizing the issuance of such identifiers to certain vehicles permitted to use high-occupancy vehicle lanes. Relates to a vehicle that meets the enhanced advanced technology partial zero-emission vehicle (enhanced AT PZEV) standard or transitional zero-emission vehicle (TZEV) standard. Status:09/21/2014 Chaptered by Secretary of State. Chapter No. 527 Author:Bradford (D) Title:Vehicles: Motorized Bicycles Fiscal Committee:no 14.CA AB 2013 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 15.CA AB 2173 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 9/22 Urgency Clause:no Introduced:02/20/2014 Enacted 06/25/2014 Disposition:Enacted Location:Chaptered Chapter:60 Summary:Redefines a motorized bicycle or moped by increasing the gross brake horsepower the motor can produce. Status:06/25/2014 Signed by GOVERNOR. 06/25/2014 Chaptered by Secretary of State. Chapter No. 60 Author:Buchanan (D) Title:Kindergarten-University Public Education Facilities B Fiscal Committee:yes Urgency Clause:yes Introduced:02/21/2014 Last Amend:08/18/2014 Disposition:Pending Location:Senate Rules Committee Summary:Enacts the Kindergarten-University Public Education Facilities Bond Act of 2014 to authorize an unspecified amount of state general obligation bonds to provide aid to school districts, county superintendents of schools, county boards of education, charter schools, the California Community Colleges, the University of California, the Hastings College of the Law, and the California State University to construct and modernize education facilities and school district facilities funding. Status:08/26/2014 In SENATE. From Inactive File. Re-referred to Committee on RULES. Author:Daly (D) 16.CA AB 2235 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 17.CA AB 2250 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 10/22 Title:Toll Facilities: Revenues Fiscal Committee:yes Urgency Clause:no Introduced:02/21/2014 Enacted 09/20/2014 Disposition:Enacted Location:Chaptered Chapter:500 Summary:Requires any toll revenues generated from a managed lane on the state highway system that is administered by a local agency to be expended only within the respective corridor in which the managed lane is located. Defines managed lane for these purposes. Status:09/20/2014 Chaptered by Secretary of State. Chapter No. 500 Author:Levine (D) Title:Vehicles: Pedestrians and Bicyclists Fiscal Committee:no Urgency Clause:no Introduced:02/21/2014 Last Amend:08/19/2014 Disposition:To Governor Location:To Governor Summary:Amends provisions of existing law that provides fines for violations by drivers of specified offenses of the road that causes bodily injury or great bodily injury to another person who is a vulnerable road user. Provides for an increase in a related fine range. Status:09/05/2014 *****To GOVERNOR. Priority:High 18.CA AB 2398 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 19.CA AB 2471 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 11/22 Author:Frazier (D) Title:Public Contracts: Change Orders Fiscal Committee:yes Urgency Clause:no Introduced:02/21/2014 Last Amend:08/04/2014 Disposition:Pending Location:Senate Appropriations Committee Summary:Requires a public entity, when authorized to order changes or additions in the work in a public works contract awarded to the lowest bidder, to issue a change order promptly and not later than a specified time period. Requires if this requirement is not met, the entity to be liable to the original contractor for the completed work. Requires prejudgment interest to accrue. Provides procedural requirements for the submission of change orders by subcontractors. Status:08/04/2014 From SENATE Committee on APPROPRIATIONS with author's amendments. 08/04/2014 In SENATE. Read second time and amended. Re-referred to Committee on APPROPRIATIONS. 08/04/2014 In SENATE Committee on APPROPRIATIONS: Not heard. Author:Linder (R) Title:Vehicle Weight Fees: Transportation Bond Debt Fiscal Committee:yes Urgency Clause:no Introduced:02/21/2014 Disposition:Pending Location:Assembly Second Reading File Summary:Prohibits weight fee revenue from being transferred from the State Highway Account to the Transportation Debt Service Fund or to the Transportation Bond Direct Payment Account, and from being used to pay the debt service on transportation general obligation bonds. Status:05/12/2014 Withdrawn from ASSEMBLY Committee on TRANSPORTATION. 05/12/2014 In ASSEMBLY. Ordered to second reading. 20.CA AB 2651 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 21.CA AB 2728 Passed Passed Passed Passed 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 12/22 Author:Perea (D) Title:Vehicle Weight Fees: Transportation Bond Debt Service Fiscal Committee:yes Urgency Clause:no Introduced:02/21/2014 Last Amend:04/24/2014 Disposition:Pending Location:Assembly Appropriations Committee Summary:Prohibits weight fee revenues from being transferred from the State Highway Account to the Transportation Debt Service Fund or the Transportation Bond Direct Payment Account, or any other fund or account for the purpose of payment of the debt service on transportation general obligation bonds. Prohibits loans of the weight fee revenues to the General Fund. Status:05/23/2014 In ASSEMBLY Committee on APPROPRIATIONS: Held in committee. Author:Campos (D) Title:Local Government Finance: Public Safety Services Fiscal Committee:no Urgency Clause:no Introduced:01/22/2013 Disposition:Pending Location:Assembly Local Government Committee Summary:Authorizes the imposition, extension, or increase of a special tax for funding fire, emergency response, police, or sheriff services, upon the approval of 55% of the voters voting. Creates an additional exception to the 1% limit for a rate imposed by a city, county, or special district to service bonded indebtedness incurred to fund certain fire, emergency response, police, or sheriff buildings or facilities, and equipment that is approved by 55% of the voters of the city, county, or special district. Status:04/04/2013 To ASSEMBLY Committees on LOCAL GOVERNMENT and APPROPRIATIONS. Introduced 1st Committee 1st Chamber 2nd Committee 2nd Chamber Enacted 22.CA ACA 3 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 13/22 Author:Blumenfield (D) Title:Local Government Financing: Voter Approval Fiscal Committee:no Urgency Clause:no Introduced:02/13/2013 Last Amend:04/04/2013 Disposition:Pending Location:Senate Governance and Finance Committee Summary:Proposes an amendment to the Constitution to create an additional exception to the 1% limit for an ad valorem tax rate imposed by a city, county, city and county, or special district, to service bonded indebtedness incurred to fund specified public improvements and facilities, or buildings used primarily to provide sheriff, police, or fire protection services, that is approved by 55% of the voters of the city, county, city and county, or special district. Status:06/27/2013 To SENATE Committees on GOVERNANCE AND FINANCE and ELECTIONS AND CONSTITUTIONAL AMENDMENTS. Author:Steinberg (D) Title:Sustainable Communities Investment Authority Fiscal Committee:yes Urgency Clause:no Introduced:12/03/2012 Last Amend:09/03/2013 Disposition:Pending Location:Senate Inactive File Summary:Authorizes certain public entities of a Sustainable Communities Investment Area to form a Sustainable Communities Investment Authority to carry out the Community Redevelopment Law. Provides for tax increment funding receipt under certain economic development and planning criteria. Establishes prequalification requirements for receipt of funding. Requires monitoring and enforcement of prevailing wage requirements within 23.CA ACA 8 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 24.CA SB 1 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 14/22 the area. Excludes certain types of farmland. Status:09/12/2013 In SENATE. To Inactive File. Author:Wolk (D) Title:Local Taxation: County of Sonoma: Transactions Tax Fiscal Committee:yes Urgency Clause:no Introduced:12/03/2012 Last Amend:08/22/2014 Disposition:Pending Location:Assembly Rules Committee Summary:Authorize the County of Sonoma or any city within the county to impose a transactions and use tax for general purposes, and the county, any city within the county, or the Sonoma County Transportation Authority to impose a transactions and use tax for specific purposes, which may include the support of transportation and road maintenance programs and library services, that would, in combination with other specified taxes, exceed the combined rate limit if certain requirements are met. Status:08/22/2014 In ASSEMBLY. From Inactive File. To third reading. 08/22/2014 In ASSEMBLY. Assembly Rule 78 suspended. 08/22/2014 In ASSEMBLY. Assembly Rule 63 suspended. 08/22/2014 In ASSEMBLY. Read third time and amended. To third reading. 08/22/2014 Re-referred to ASSEMBLY Committee on RULES. Author:Padilla (D) Title:Solid Waste: Single-Use Carryout Bags Fiscal Committee:yes Urgency Clause:no Introduced:02/14/2013 Last Amend:08/21/2014 25.CA SB 33 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 26.CA SB 270 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 15/22 Disposition:To Governor Location:To Governor Summary:Prohibits specified stores from providing a single-use carryout bag to a customer. Requires such stores to meet other requirements regarding providing recycled paper bags and compostable bags. Requires a bag fee and creates a related fund. Requires bags sold or provided to a store by a reusable grocery bag producer to meet specified requirements. Requires certification and testing and public online information. Allows retail voluntary compliance. Authorizes local civil penalties and startup loans. Status:09/08/2014 *****To GOVERNOR. Author:Padilla (D) Title:Administrative Regulations: Corrosion Prevention Fiscal Committee:yes Urgency Clause:no Introduced:02/22/2013 Last Amend:08/30/2014 Disposition:To Governor Location:To Governor Summary:Requires a public entity that awards a contract for construction, alteration, demolition, installation, repair, or maintenance work that is paid for in whole or in part with state funds, to require contractors and subcontractors performing corrosion prevention and mitigation work to comply with specified standards. Exempts work on sheet metal and ventilation system and plumbing and piping systems, and precast concrete work that is performed off site, from the standards. Status:09/09/2014 *****To GOVERNOR. Author:DeSaulnier (D) Title:Public Works Fiscal Committee:yes 27.CA SB 792 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 28.CA SB 969 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 16/22 Urgency Clause:no Introduced:02/10/2014 Last Amend:08/19/2014 Disposition:To Governor Location:To Governor Summary:Authorizes provisions of existing law to be known and cited as the Public Works Project Oversight Improvement Act. Defines a megaproject as a specified transportation project. Requires the agency administering a megaproject to establish a peer review group and to take specified actions to manage the risks associated with a megaproject including establishing a comprehensive risk management plan, and regularly reassessing its reserves. Requires project-related information to be posted on an agency's Web site. Status:08/28/2014 *****To GOVERNOR. Author:Vidak (R) Title:Transportation Funds: Disadvantaged Small Communities Fiscal Committee:yes Urgency Clause:yes Introduced:02/12/2014 Last Amend:04/21/2014 Disposition:Pending Location:Senate Transportation and Housing Committee Summary:Requires that no less than a specified percentage of funds available for regional improvement projects to be programmed in the regional transportation improvement program for disadvantaged small communities. Requires regional transportation agencies and county transportation commissions, in programming these moneys, to prioritize funding congestion relief and safety needs. Status:04/29/2014 In SENATE Committee on TRANSPORTATION AND HOUSING: Failed passage. 04/29/2014 In SENATE Committee on TRANSPORTATION AND HOUSING: Reconsideration granted. 29.CA SB 990 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 30.CA SB 1067 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 17/22 Author:Beall (D) Title:Schoolsites: Selection: Entry/Exit Access: Plans Fiscal Committee:yes Urgency Clause:no Introduced:02/18/2014 Last Amend:05/07/2014 Disposition:Pending Location:Senate Appropriations Committee Summary:Provides for the required number of entries and exits in all new schoolsites that are safely accessible to pupils walking and bicycling. Requires the State Department of Education to advise districts and charter schools on new schoolsite acquisitions that includes specified criteria. Provides the schedule for the Department to review new schoolsite plans. Requires the establishment of standards of schoolsite selection criteria. Provides for necessary public hearings. Status:05/23/2014 In SENATE Committee on APPROPRIATIONS: Held in committee. Author:DeSaulnier (D) Title:Vehicles: Road Usage Charge Pilot Program Fiscal Committee:yes Urgency Clause:no Introduced:02/19/2014 Last Amend:08/21/2014 Disposition:To Governor Location:To Governor Summary:Requires the Chair of the State Transportation Commission to create a Road Usage Charge Technical Advisory Committee to study the charge alternatives to the gas tax and make recommendations on the design of a pilot program. Authorizes the Committee to make recommendations on the criteria to be used to evaluate the program. Requires the preparation and submission of a program related report to Legislative committees. Requires the Commission to include same in its annual report to the Legislature. Status:09/05/2014 *****To GOVERNOR. 31.CA SB 1077 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 32.CA SB 1122 Passed Passed Passed Passed 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 18/22 Author:Pavley (D) Title:Sustainable Communities: Strategic Growth Council Fiscal Committee:yes Urgency Clause:no Introduced:02/19/2014 Last Amend:05/05/2014 Disposition:Pending Location:Senate Appropriations Committee Summary:Requires the Strategic Growth Council to manage and award financial assistance for the purpose of supporting the implementation of sustainable communities strategies or alternate planning strategies, to be funded by the Greenhouse Gas Reduction Fund. Requires guidelines for funds use. Authorizes such assistance for the development and implementation of agricultural, natural resource, and open space land protection plans consistent with sustainable communities and greenhouse gas emission reduction plans. Status:05/23/2014 In SENATE Committee on APPROPRIATIONS: Held in committee. Author:Cannella (R) Title:Vehicles: School Zone Fines Fiscal Committee:yes Urgency Clause:no Introduced:02/20/2014 Vetoed 09/19/2014 Disposition:Vetoed Location:Vetoed Summary:Requires that an additional fine imposed for specified violations be doubled or increased if the violation occurred when passing a school building or school grounds, and the highway is posted with a standard warning sign and an accompanying sign notifying motorists that increased penalties apply for traffic violations that are committed within that school zone. Requires the fine moneys to be deposited in a specified fund for funding school safety zone projects under the Active Transportation Program. Status:09/19/2014 Vetoed by GOVERNOR. Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 33.CA SB 1151 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 19/22 Author:Steinberg (D) Title:Carbon Tax Law of 2014 Fiscal Committee:yes Urgency Clause:no Introduced:02/20/2014 Disposition:Pending Location:Senate Governance and Finance Committee Summary:Imposes a carbon tax of an unspecified amount per ton of carbon-dioxide-equivalent emission on suppliers of fossil fuels. Status:03/06/2014 To SENATE Committees on GOVERNANCE AND FINANCE and RULES. Author:DeSaulnier (D) Title:Surcharge for Bicycle Infrastructure Fiscal Committee:yes Urgency Clause:no Introduced:02/20/2014 Enacted 09/20/2014 Disposition:Enacted Location:Chaptered Chapter:516 Summary:Authorizes a city, county, or regional park district to impose and collect, as a special tax, a motor vehicle registration surcharge for bicycle infrastructure purposes. Requires the Department of Motor Vehicles to administer the surcharge and to transmit the net revenues to the local agency. Requires the local agency to use the revenues for improvements to paved and natural surface trails and bikeways, including existing and new trails, and for associated maintenance purposes. Requires related reports. 34.CA SB 1156 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 35.CA SB 1183 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 20/22 Status:09/20/2014 Chaptered by Secretary of State. Chapter No. 516 Author:Hernandez E (D) Title:High Occupancy Toll Lanes Fiscal Committee:yes Urgency Clause:no Introduced:02/21/2014 Enacted 09/21/2014 Disposition:Enacted Location:Chaptered Chapter:531 Summary:Revises and recasts provisions authorizing a value-pricing and transit development demonstration program involving high-occupancy toll lanes to be conducted, administered, developed, and operated on specified State highway routes. Specifies additional requirements for agreements between specified agencies. Requires the agreements to provide for reimbursement of agencies from toll revenues for costs incurred in the implementation or operation of the program and maintenance of specified facilities. Status:09/21/2014 Chaptered by Secretary of State. Chapter No. 531 Author:DeSaulnier (D) Title:Vehicle Weight Fees: Transportation Bond Debt Service Fiscal Committee:yes Urgency Clause:yes Introduced:02/21/2014 Last Amend:05/01/2014 Disposition:Pending Location:Senate Appropriations Committee 36.CA SB 1298 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 37.CA SB 1418 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 21/22 Summary:Repeals provisions of existing law which allow for the transfer of weight fees on the registration of commercial motor vehicles from the State Highway Account to reimburse the General Fund for debt service on transportation bonds. Requires of specified percentage of the revenues derived from the increase in motor fuel excise taxes to be deposited in the State Highway Account to be allocated to city and county streets and roads, and another percentage to the State Highway Operation and Protection Program. Status:05/23/2014 In SENATE Committee on APPROPRIATIONS: Held in committee. Author:Liu (D) Title:Local Government Transportation Project: Voter Approval Fiscal Committee:no Urgency Clause:no Introduced:12/03/2012 Last Amend:08/28/2013 Disposition:Pending Location:Senate Appropriations Committee Summary:Proposes an amendment to the Constitution to provide the imposition, extension, or increase of a special tax by a local government for the purpose of providing funding for local transportation projects requires the approval of a related proposition that includes certain requirements. Prohibits the local government from expending any revenues derived from a special transportation tax approved by the voters at any time prior to the completion of a identified capital project funded by specified revenues. Status:08/29/2013 Re-referred to SENATE Committee on APPROPRIATIONS. Author:Corbett (D) Title:Transportation Projects: Special Taxes: Voter Approval Fiscal Committee:no Urgency Clause:no Introduced:12/14/2012 38.CA SCA 4 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 39.CA SCA 8 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted 9/29/2014 State Net https://statenet.lexisnexis.com/secure/pe/appwait_helper.cgi?wait_pid=3040&host=psweb1c085&query_id=ZXz0rQ2KVXyI&app=lpfs&mode=display 22/22 Last Amend:05/21/2013 Disposition:Pending Location:Senate Appropriations Committee Summary:Proposes an amendment to the Constitution to provide that the imposition, extension, or increase of a special tax by a local government for the purpose of providing funding for transportation projects requires the approval of 55% of its voters voting on the proposition, if the proposition includes certain requirements. Status:08/29/2013 Re-referred to SENATE Committee on APPROPRIATIONS. Author:Hancock (D) Title:Local Government: Special Taxes: Voter Approval Fiscal Committee:no Urgency Clause:no Introduced:01/25/2013 Last Amend:05/21/2013 Disposition:Pending Location:Senate Appropriations Committee Summary:Proposes an amendment to the Constitution to condition the imposition, extension, or increase of a special tax by a local government upon the approval of 55% of the voters voting on the proposition, if the proposition proposing the tax contains specified requirements. Status:06/27/2013 Re-referred to SENATE Committee on APPROPRIATIONS. 40.CA SCA 11 Introduced Passed 1st Committee Passed 1st Chamber Passed 2nd Committee Passed 2nd Chamber Enacted The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553 John Gioia, 1st District Candace Andersen, 2nd District Mary N. Piepho, 3rd District Karen Mitchoff, 4th District Federal D. Glover, 5th District September 23, 2014October 7, 2014    Kevin Romick, Chair  Contra Costa Transportation Authority  2999 Oak Road, Suite 100  Walnut  Creek, CA 94597    Subject: 2014 Countywide Transportation Plan Update    Dear Chair Romick:  On September 23, 2014, the Board of Supervisors authorized the Chair to transmit  comments on the 2014 update to the Countywide Transportation Plan (CTP). We   understand that the CTP is intended to guide the development of the transportation  system for the next 25 years. We  also understand that this update will result in a list of  projects and programs intended to respond to growing population, increasing  maintenance demands, and shifting priorities.   As an overall comment, the Board of Supervisors would like to thank the Contra Costa  Transportation Authority (Authority) for the substantial effort put in to the draft CTP.  The CTP raises numerous contemporary issues which should facilitate a productive  discussion about our future.   The comment letter is comprised of three sections, broad discussion on priorities,  chapter by chapter comments, and an attached, Public Review Draft Volume  3:  Comprehensive Transportation Project List with comments embedded.   PRIORITIES  Increased Local Road Funding Needs: Maintenance, Complete Streets, Storm Water   Requirements  David Twa Clerk of the Board and County Administrator (925) 335-1900 Contra Costa County Kevin Romick, Chair ‐ CCTA  September 23, 2014October 7, 2014  Page 2 of 9 Nationally, there is a well‐documented, growing need to address our aging  infrastructure. On the local level it is no different; we are straining to maintain adequate  pavement conditions while being required to be compliant with new water quality,  complete streets, and greenhouse gas reduction statutes and initiatives. While the need  for adequate maintenance funding is mentioned throughout the document, the scale  of the issue warrants a much more prominent discussion in the CTP, particularly  given the discussion of new revenue sources.   Transit Service Improvements  There is increasing pressure to improve transit service due, in part, to new state  statutes. As called out in the CTP, our maturing transportation network and land use  patterns are at the point where we are facing diminishing returns on roadway capacity  increases. In this light transit investments may be more attractive. Transit agencies in  Contra Costa County are likely to need additional resources to respond to this increase  in demand for service and the draft CTP acknowledges the unfunded demand.  More  specific comments:    With conventional fixed route service, a number of potential mitigation  measures proposed by the Office of Planning and Research (OPR) in their efforts  to implement SB 743 (2013) relate to improved transit service. As acknowledged  in the CTP, SB 743 eliminated congestion based transportation impact measures  (level of service/LOS) under the California Environmental Quality Act (CEQA). A  proposed alternative metric, likely to be Vehicle  Miles Traveled (VMT), is  intended to better reduce greenhouse gas production. However, in Contra Costa,  our local policies compel us to continue using LOS in addition to the new impact  measures imposed by the state. In order to offset any potential drag on  development activity caused by multiple mitigation measures, the Board of  Supervisors requests that the Authority explore the possibility of using any  expansion of bus service or bus service funding to establish a transit mitigation  bank or programmatic VMT mitigation for member agencies.  The Board of Supervisors continues to be committed to the policy of having  development pay for any facilities required to meet the demands resulting from  growth. However, subjecting applicants to the full cost of both LOS and VMT  analysis and mitigation may inappropriately constrain needed economic  development activities.    Paratransit service for the elderly and people with disabilities, in addition to  requiring additional funding, will also require fundamental administrative  changes if 1) the Authority is to respond adequately to the projected demand for  Kevin Romick, Chair ‐ CCTA  September 23, 2014October 7, 2014  Page 3 of 9 service, and 2) expect that response to be cost‐effective. In addition to the oft‐ cited demographic changes (aging population), the impact on travel demand for  this portion of our constituency is likely to be further magnified by the  consolidation of medical services and new health trends. The inclusion of these  significant challenges would improve the “new challenges”, “challenges ahead”  sections of the CTP.   The Board of Supervisors is aware of the Authority’s efforts to implement the  Mobility Management Plan (MMP) which could improve coordination and  operating efficiencies of multiple transportation providers. We  understand that  progress is being made and applaud the efforts of Authority staff in navigating  this complex issue. While we recognize that the MMP is mentioned in the Action  Plan section of the CTP, given the countywide implications of the MMP a  detailed discussion may be warranted in a more prominent place in the  document.   Surveys conducted in the beginning of the CTP indicated that the Authority  should be “more aspirational” in its undertakings. The implementation of a  coordinated, countywide mobility management program would be responsive to  that direction.  Safe Routes to School (SR2S) Program   The Authority’s Safe Routes to School Master Plan Task  Force assisted with the  development of a needs assessment to estimate the cost of SR2S projects and programs.  The Board of Supervisors thanks the Authority for their leadership on this effort and we  look forward to the findings and recommendations being implemented.  In order to make better use of past and future SR2S investments, we encourage the  Authority to capitalize on one particular finding in the 2011 survey conducted early in  the Master Plan effort. The survey established that the most consistent reason cited by  parents and school administrators for K‐12 students not walking and bicycling to school  is related to traffic, either “driver behavior” or “driving too fast”. This finding is consistent  with statewide and national survey results.  The County has developed a 2015 legislative proposal to enhance school zones through  expansion and increased fines. We  have met with our legislative delegation on our  proposal. The members were supportive of the concept and offered assistance. The  County is in the process of securing support from other agencies and we are formally  requesting the Authority support in this effort. The goal of the legislation, in  combination with existing projects and program, is to assist in reversing the well‐ known low walk and bike rates to and from K‐12 school. This may be another area  Kevin Romick, Chair ‐ CCTA  September 23, 2014October 7, 2014  Page 4 of 9 where the Authority could be responsive to the “more aspirational” findings in the  surveys.   Major Projects & Emerging Planning Initiatives   A comprehensive response on project priorities can be seen in the attached list. This list  includes the Board of Supervisors high priority projects including, but not limited to,  TriLink (SR239), North Richmond Truck  Route, I‐680 HOV Gap Closure, Iron  Horse/Lafayette‐Moraga Trail Connector, Kirker Pass Road Truck  Climbing Lane, Vasco  Road Safety Improvements, and Northern Waterfront Goods Movement Infrastructure  Projects.   In addition to these projects, the Board of Supervisors requests continued Authority  advocacy and funding for activities supportive of economic development in areas of the  County where such investment is needed and desired by local communities.  For  instance, this support could fund activities within Priority Development Area (PDAs)  and as part of the Northern Waterfront Economic Development Initiative. We  are  supportive of CTP actions that include planning and implementation funding for  transportation projects and programs, infrastructure improvements and other  expenditures that facilitate needed economic development. Such investment will help  balance jobs and housing and make more efficient use of our transportation  infrastructure. The Board of Supervisors considers these efforts as integral to the  continued growth of our region and economy.   CHAPTER COMMENTS  Executive Summary  Page ES‐3  The telecommuting information is informative; the document would benefit from other  relevant changes in commute patterns listed. Nationwide, bicycle commuting has  doubled in a shorter time frame than telecommuting and the Authority has more direct  responsibility to facilitate further growth in this area.   Page ES‐13  Sustainable Communities Strategy  The Board of Supervisors thanks the Authority for their tireless engagement with the  Metropolitan Transportation Commission and the Association of Bay Area  Governments on the process to implement SB375. In particular, we encourage continued  advocacy for additional resources and consideration for subareas that accommodate a  substantial amount of planned growth . For the benefit of our constituents, MTC, and  the State, it may be useful to point out in the CTP that our planned growth is, and has  been for some time, well‐managed not through state or regional mandate but through a  Kevin Romick, Chair ‐ CCTA  September 23, 2014October 7, 2014  Page 5 of 9 voter‐approved Urban Limit Line and Growth Management Program. continues in the  future.      Pages ES‐1I1‐14  The information on SB 375 (2008) in the document is useful given the land use and  transportation emphasis in the legislation. However, we believe that additional focus on  AB 32 (2006), in particular the Cap‐and‐Trade Program, should be included in the CTP.  This information could better position the County to receive Program revenues. At a  minimum, the relationship between the “transformative” transit investments  contemplated in the CTP and the “Affordable Housing and Sustainable Communities” and  “Transit and Intercity Rail Capital” Cap‐and‐Trade programs should be strengthened.     Prior to contemplating a new transportation sales tax, we believe all other funding  opportunities should be examined and maximized to the extent possible in the CTP.     As indicated earlier in this letter and acknowledged later in the CTP, SB 743 (2013) is  likely to substantially influence how agencies can 1) claim exemption from CEQA and  2) how we will analyze and mitigate the transportation impacts for development. While  implementation policies are still being developed by the State; some mention of the  issue in the Executive Summary is warranted considering the potential impact on  member jurisdictions and the development community.  At this time, focus on SB 743 issues is being directed at the State. This is understandable  given that implementation strategies are currently being developed. However, once the  State’s work is finished, focus will shift to local jurisdictions who are ultimately  responsible for analyzing and mitigating for VMT. As mentioned earlier in this letter,  additional attention should be given to potential mitigation strategies. This would be  valuable to both your member agencies and the development community.  The Board of Supervisors appreciates the Authority’s efforts to engage the State on this  critical issue.    Page ES‐20  Regarding the need to “renew the sales tax measure”, prior to establishing this need in  policy we ask that the Authority conduct additional outreach out to all member  jurisdictions, including all members of the Board Supervisors. As you are aware, the  Contra Costa County Board of Supervisors has diverse obligations which vary  Kevin Romick, Chair ‐ CCTA  September 23, 2014October 7, 2014  Page 6 of 9 substantially throughout Supervisorial Districts. In considering whether to support  such a measure the Board of Supervisors would consider factors such as possible  conflicts with other public finance priorities, and the need for additional transportation  funding.       Introduction  Page I‐15  This section discusses auto‐ownership rates and age distribution in the context of  demographics. Mention of the increase in the elderly segment portion of the population,  and the impact on transportation needs, would serve to make the demographics  discussion more useful in the context of the CTP.     Figure 3‐1: Roadway Action Plan Projects and Programs  The park/open space data used to compile this figure (and other Figures with the same  data) is outdated. It is important that the most current dataset is used so that the status  of preserved lands relative to planned improvements is understood. This will help  avoid conflicts between transportation planning and conservation efforts. Notably,  conserved land data is missing from areas around Vasco Road, the Byron Airport, and  along Kirker Pass  Road south of the City of Pittsburg. A current dataset can be obtained  from East Contra Costa County Habitat Conservancy.     As I am sure you are aware, many critical transportation projects have received  streamlined permitting as a result of this program including Vasco Road Widening, SR‐ 4/S‐160 Connectors, Deer Valley Road safety shoulders, eBART, State Route 4 between  Lone Tree  and San Jose Avenue  (including Sand Creek Interchange), and State Route 4  medians and Shoulders from Discovery Bay to Byron Highway.    Vision, Goals and Strategy  Page  I‐28  The Board of Supervisors supports the approach described in the “Finding the Right  Balance” section. The approach of “Recognizing the differing needs and situations of Contra  Costa’s subareas…” has worked well in this diverse County in the past. We  expect it to  continue to be successful well in the future.     Page I‐29  Goal 1: Movement of people  With respect to the language in the first Goal, “…all available travel modes…”, the  subsequently listed Strategies would be more representative of all modes, and more  Kevin Romick, Chair ‐ CCTA  September 23, 2014October 7, 2014  Page 7 of 9 consistent with Goal 3, if non‐motorized facilities were to be addressed in a manner  similar to the road system.     For example, “Define and close gaps in the Countywide and Regional Bikeway Network,  including gaps in Class I and major off‐street paths”. In addition, this change would  improve internal consistency, in the “Pedestrian and Bicycle Facilities” section the  following action is highlighted, “Close gaps in the regional trail system…”    Goal 1: Movement of Goods  Consistent with Authority support for, and assistance with the Northern Waterfront  Economic Development Initiative, please include the following language, “Identify new  strategies to improve  freight movement  on  freeways, waterways and  rail  lines  to  improve   air  quality  and  the  safety  and  efficiency  of  goods movement”.      Page I‐32  The discussion regarding “Maintaining the transportation system” would be more  informative and complete if new requirements, often required to be implemented  concurrent with maintenance projects, were described in this section. Complete streets  and water quality requirements can result in substantially increased maintenance costs.     Page I‐36  “Our ability to expand the roadway system is extremely limited”: In addition to the barriers  to roadway expansion listed in this section (limited right‐of‐way, noise, air pollution,  etc.), please include “expanding maintenance obligations”.    Page I‐41  Transit, Including Buses, Rail, Paratransit, and Ferries  As indicated in the Priorities section above, some mention of Authority leadership on  the implementation of the MMP would be informative in this section.     Page I‐51   Pedestrian and Bicycle Facilities  This section may benefit from a review by the Countywide Bicycle and Pedestrian  Advisory Committee (CBPAC) who could assist in finding solutions to the numerous  barriers to improving non‐motorized transportation identified in the CTP.     Kevin Romick, Chair ‐ CCTA  September 23, 2014October 7, 2014  Page 8 of 9 The barriers to increased walking and cycling identified in the CTP are not unique to  Contra Costa. These barriers can be addressed through a methodical planning and  investment response. The 2009 Update to MTC’s Regional Bicycle Plan for the San  Francisco Bay Area indicates that Contra Costa County is tied with Solano County for  the lowest rate of bicycle commuters. A strategic approach to address identified barriers  and improve that ranking may be another “aspirational program”. As indicated in the  draft CTP, the County has numerous attributes that we could capitalize on, excellent  climate, favorable topography, an excellent multi‐use path network, and second only to  Alameda County in terms of numbers of BART stations.     On a related note, the Authority may wish to consider combining the Safe Routes to  School Master Plan Task  Force with the CBPAC to form an “Active  Transportation  Working Group”. The subject matter addressed by the committees is similar and  combining the committees may result in a critical mass of issues to address that would  ideally lead to regular consultation.    Page I‐61  Facilities for Goods Movement  The Board of Supervisors appreciates the Authority’s assistance with the Northern  Waterfront Economic Development Initiative. Considering the initiative addresses  goods movement infrastructure including maritime, rail, and highway projects, some  mention of the Northern Waterfront effort would strengthen this section.     Page I‐65  The Board of Supervisors welcomes the description of the Comprehensive  Transportation Project List (CTPL) as “evolving”. As subregional and local priorities  change and we are required to respond to changing policies it is essential that we are  afforded the flexibility of “living document”.     Page  1‐105  Implementation  The comments in this letter suggest possible changes to activities listed in the  Implementation section including, but not limited to, 1) addition of state policy  advocacy, and 2) updates to other Measure J implementation documents as suggested at  the Technical Coordinating Committee, (Technical Procedures Manual, Measure J  Growth Management Implementation Guide, etc).    Kevin Romick, Chair ‐ CCTA  September 23, 2014October 7, 2014  Page 9 of 9 The Board of Supervisors appreciates the outreach of the Authority Board and its staff  to obtain comments on the Draft CTP Update and we look forward to additional dialog  on this effort.   Sincerely,            Karen Mitchoff, Chair  Contra Costa County Board of Supervisors  Supervisor, District IV      C:  Candace Andersen, Chair – SWAT  Mark Ross, Chair – TRANSPAC  Salvatore Evola, Chair, TRANSPLAN  Janet Abelson, Chair ‐ WCCTAC  Attachments:      File: Transportation > Transportation > Committees > CCTA > CCTA Board of Directors File: Transportation > Projects > CCTA > CTP 2014-15 g:\transportation\2014ctpupdate\bostocctare2014ctp_draft_2.doc   G:\Transportation\Legislation\2015\CSAC Leg Proposals\WordDocs\Bill Proposal CC County8‐8‐14.docx  CSAC (California State Association of Counties) Bill Proposal Form Proposal from Contra Costa County: Proposal to Increase walk & bike rates to/fromK-12 schools I. SUMMARY The intent of the bill, or bills, is to increase walk/bike rates to school by way of changes to the vehicle code to 1) increase the prescriptive size of the school zone, 2) authorize performance methods for further expanding the zone, and 2) enhance penalties for speeding violations in those newly defined zones. II. BACKGROUND INFORMATION A. Problem (1) What problem does the proposal address? The decline of walk/bike rates to/from K-12 facilities1,2 is well-established. More specifically however, there is data that shows that a primary reason for this decline is the concern of school administrators and parents over traffic safety3, driver behavior and/or speeding in particular. The proposal directly addresses this issue. There are existing Safe Routes to School (SR2S) programs at the federal, state, and local level that seek to improve the walk/bike rate primarily through engineering, encouragement, enforcement and education solutions. The effectiveness of these existing programs, and their associated investments, will continue to be compromised by these traffic/speeding/safety issues. In that light, the proposal will directly improve K-12 walk/bike rates in addition to acting as a “force multiplier” in that it will leverage existing and future investments allowing them to be even more effective. (2) Does the proposal address a problem of statewide significance? Yes, the aforementioned decline of walk/bike rates is both a statewide and national problem as evidenced by the cited data. (3) Have counties been involved in any litigation regarding this problem? If so, cite the case. No.                                                              1  In 1969, approximately half of all schoolchildren walked or bicycled to or from school, and 87% of those living  within 1 mile of school walked or bicycled. US Department of Transportation, Federal Highway Administration.  1969 National Personal Transportation Survey: travel to school. Washington, DC: US Department of  Transportation; 1972. Available at http://www.fhwa.dot.gov/ohim/1969/q.pdf  2 Today, fewer than 15% of children and adolescents use active modes of transportation. US Department of Health  and Human Services. Physical activity and health: a report of the Surgeon General. Atlanta, GA: US Department of  Health and Human Services, CDC; 1996.  3 U.S. Centers for Disease Control and Prevention. Barriers to Children Walking to or from School United States  2004, Morbidity and Mortality Weekly Report September 30, 2005. Available:  www.cdc.gov/mmwr/preview/mmwrhtml/mm5438a2.htm.  G:\Transportation\Legislation\2015\CSAC Leg Proposals\WordDocs\Bill Proposal CC County8‐8‐14.docx  (4) What other source materials, case law, or data, document the existence of the problem? In addition to the previously cited national data (1,2,3), there is recent locally collected data4 that validate/mirror the national findings. B. Interested Parties (1) What counties, organizations or individuals are interested in the problem? In addition to the widely accepted acknowledgment of the problem (see response II. A. 1 above), the need to solve the problem is generally accepted as well. There exists numerous national, state, local and NGO based SR2S programs which demonstrate broad interest in solving the problem. (2) What counties, organizations or individuals would be sources of information about the problem? At this time, the primary sources of information about the problem are the Safe Routes to School National Partnership, the Robert Wood Johnson Foundation and the Centers for Disease Control. (3) Who would be likely to support/oppose the proposal? Why? Supporters are likely to include state/local jurisdictions and NGOs that prioritize programs such as SR2S, active transportation, traffic safety, childhood obesity intervention, complete streets, etc. Due to recent legislation (AB1358 [2008], AB32/SB 375 [2006/2008]) that either directly or indirectly encourage a shift to non-motorized travel, support for the proposal should be broad. Opposition is likely to include the California Department of Transportation (Caltrans) and the California Highway Patrol who have opposed enhanced fine zones in the past. (4) Identify groups or other governmental agencies that could be affected by the proposal, either favorably or adversely? Law enforcement would have no entirely new laws to enforce. The proposal simply enhances or modifies existing laws. Public works departments would be responsible for increased signage requirements. Again, this is not a new burden but an incremental increase of existing obligations. The proposal also includes authorization to expand the school zone beyond the prescriptive distance. This expansion would be based on a traffic study which would be the responsibility of local agencies. However, this expansion would not be compulsory and only take place at the discretion of local jurisdictions.                                                              4  CCTA SR2S Master Plan: Existing Conditions: Data Summary:  1. Table 8: Top 10 Reasons Students do not Walk or Bike to School, by Planning Area: The responses “driving too fast”  or “driver behavior” is on 4 of 5 subregions responses and the ranking ranges from #10 to #2.  2. Table 10: Top 5 Programs or Improvements that Could Encourage Students to Walk or Bicycle to/from School,  Jurisdictions vs. School Administrators: The #1 response from administrators was “If traffic congestion or speeding  around school was relieved”.  3. Table 11: Top 5 Programs or Improvements that Could Encourage Students to Walk or Bicycle to/from School, by  Planning Area: Every subregion had “Relieving traffic congestion/speeding around schools” in the top 3. It was #1 in  three subregions.  G:\Transportation\Legislation\2015\CSAC Leg Proposals\WordDocs\Bill Proposal CC County8‐8‐14.docx  As a group, automobile drivers will be affected. The culture shift necessary to accept slower speeds in corridors used to travel to/from schools should not be underestimated. III. PROPOSAL A. Existing Law (1) What are the statutory provisions currently applicable to the proposal? Current statutory provisions are as follows: California Vehicle Code (CVC) Section 22352: States that the maximum speed limit is 25 mph “when approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard ‘SCHOOL’ warning sign, while children are going to or leaving the school either during school hours or during the noon recess period.” CVC Section 22358.4: Based on traffic survey results, the maximum speed limit can be reduced to 15 mph up to 500 feet away from a school and to 25 mph from 500 to 1,000 feet away from a school. AB 1886 (2002): The bill authorized a pilot program in Santa Barbara, Ventura, and Alameda Counties, which “would double or increase the fines as described above for a designated violation occurring in a specially posted school zone, as specified.” Fines collected from this violation were used to fund bicycle and pedestrian safety programs. This statute was allowed to sunset in 2007. The post-mortem report to the legislature on the program (by CHP) did not endorse the program, “…the findings do not support continuation of the program…” Observations on the pilot program and the post-mortem report: The estimated cost to implement the program described in the post-mortem report characterizes sign installation as “very costly”. In response: 1. Some of the Options/Alternatives proposed in the report are more expensive than the signage (traffic calming for example), 2. The Options/Alternatives in the report include signage, despite being flagged as “very costly” earlier in the report. 3. Signage is regularly considered a low cost solution. Questioning the effectiveness of increased fines and additional signage is to question, essentially, the effectiveness of a major component of traffic control worldwide. The proposal is a minor incremental extension of a pervasive system that is reasonably and broadly assumed to have some measure of effectiveness. The threshold for the determination of “costly” may be unrealistic in the report. Limited (observed) benefits from the pilot may be due to minimal implementation efforts. G:\Transportation\Legislation\2015\CSAC Leg Proposals\WordDocs\Bill Proposal CC County8‐8‐14.docx  (2) What case law is relevant to this issue? No existing case law is relevant to this issue. (3) Why is existing law inadequate to deal with the problem? Existing law regarding school zones authorizes signage and zones at 500’ and 1,000 feet. Neither distance is reflective of actual pedestrian/bicycle access patterns at school and inconsistent with SR2S funding/projects/concepts and the State’s Health in All Policies Initiative. AB 1886, which implemented double fine school zones, was allowed to sunset in 2007, which meant the end of an extra disincentive for drivers to speed within school zones. B. Suggested Legislation (1) Describe the specific bill proposal. Proposed changes to the code are below. Where necessary, annotations [#] accompany the changes. VEHICLE CODE - VEH DIVISION 11. RULES OF THE ROAD [21000 - 23336] CHAPTER 7. Speed Laws [22348 - 22413] ARTICLE 1. Generally [22348 - 22366] 22358.4. … (b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows: (A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than 500 1,320 [1] feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period.[2] The prima facie limit shall also apply when approaching, at a distance of less than 500 1,320[1] feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children[2] and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour. (B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to 1,000 1,320 [1] feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of 500 to 1,000 1,320 [1] feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour. 22358.4. (#) Notwithstanding the maximum distance established in this section (22358.4), a local authority may, upon the basis of a travel survey documenting school attendance boundaries and/or travel patterns to and from a school, extend the maximum distance to establish a prima facie speed limit and school warning signs, as defined in section 22358.4, to a distance and/or specific locations consistent with the findings of the travel survey. G:\Transportation\Legislation\2015\CSAC Leg Proposals\WordDocs\Bill Proposal CC County8‐8‐14.docx  VEHICLE CODE - VEH DIVISION 18. PENALTIES AND DISPOSITION OF FEES, FINES, AND FORFEITURES [42000 - 42277] CHAPTER 1. Penalties [42000 - 42032] ARTICLE 1. Public Offenses [42000 - 42010] (16) Section 22358.4, relating to speed limits in school zones. Annotations: [1] The quarter mile distance in the proposal is an accepted (conservative) rule of thumb in planning describing the typical distance people will walk to services. The distance of any school attendance boundary is far greater than this distance of course. [2] The basis for the elimination of this language is found in the Manual of Uniform Traffic Control Devices. The direction to drivers, “…while grounds are in use by children…” is not entirely consistent with the guidance in the MUTCD, “Section 1A.02 Principles of Traffic Control Devices Guidance: 02 To be effective, a traffic control device should meet five basic requirements: … C: Convey a clear, simple meaning; While the direction on the signage is clear, a drivers ability to identify or interpret the state of “while grounds are in use by children” on the road is not consistently clear and simple. Schools are used for a variety of uses at different time than instructional hours, sporting events, civic events, meetings, etc. The eliminated language is similar to the “children at play” sign which is discouraged in the MUTCD. (2) Do similar provisions exist in other California laws? As detailed in the existing law section above (III.A.(1)), there are provisions in the CVC that define school zones and the speed limits within them. CVC Section 42010/Streets and Highways Code Section 97: The State currently assesses double fines to discourage speeding and unsafe driving behavior in two particular zones: highway construction zones and sections of highways that have been deemed, through traffic studies, to have greater than average rates of vehicular collisions. (3) Describe a hypothetical application of the proposal. As suggested above, the proposal modifies existing activities. The following would occur; local jurisdictions would, at their discretion:  Install additional “school zone” signage based on the increase in prescriptive distance (1000’ to 1320’ [quarter mile]).  Perform a traffic study to establish the need to further expand the zone. The traffic study would include examination of the attendance boundaries, direct observation of travel patterns, etc.  Enhanced fines would be assessed through existing mechanisms (VC 42010) as defined in section B. 1. above. C. Fiscal Impact G:\Transportation\Legislation\2015\CSAC Leg Proposals\WordDocs\Bill Proposal CC County8‐8‐14.docx  (1) Would there be any potential fiscal impact on counties under the proposal? If so, describe. By design, this proposal is a minor increment built upon existing obligations and activities. That said, fiscal impacts are estimated to be as follows: Positive: Depending on how fines are handled, agencies could see an increase in revenues. (Need to define how revenues are handled.) Neutral: Law enforcement would have no additional patrol obligations under the proposal. Negative: Public Works Departments will have an obligation to increase the number of signs in school areas. Additional activities are authorized under this proposal (a travel study to supporting further expansion of the school zone) but they are not compulsory under the proposal and only undertaken at the discretion of the agency. (2) Would there be any potential fiscal impact on other persons or organizations, public or private? Violators would face increased fines. D. History (1) Has this proposal ever been introduced in the Legislature? If so, what was the bill number and why did it fail? SB 1151 (Cannella): Vehicles: School Zone Fines: The bill would require that an additional fine be imposed for specified violations if the violation occurred when passing a school building or school grounds. Would further require the fine moneys to be deposited in a fund for school safety zone projects under the Active Transportation Program. The legislation is pending. (2) Is judicial or executive branch resolution of the problem possible? Explain. No. The activities proposed to be impacted by a bill are currently affected by the aforementioned code sections. The resolution of the problem is most easily/efficiently affected by modifications to those existing sections. E. Public Policy (1) What are the public policy reasons in support of this proposal? Against? The proposal is an extension and targeted refinement of a policy shift that has been building for some time now. The following activities precede the proposed bill: 2001: Caltrans Deputy Directive 64 Regarding integrating bicycling and walking facilities when making road improvements. 2006: AB32 the California Global Warming Solutions Act passes, see implications of the related SB 375 below. G:\Transportation\Legislation\2015\CSAC Leg Proposals\WordDocs\Bill Proposal CC County8‐8‐14.docx  2008: AB1358 The Complete Streets Act was passed to ensure that all public roads in California are designed and operated to accommodate all roadway users, including bicyclists, public transit riders, and pedestrians of all ages and abilities. 2008: Caltrans Deputy Directive 64 Revision 1 is signed to communicate the intent of the Department to integrate Complete Streets as a matter of policy. 2009: SB375 Sustainable Communities and Climate Protection Act implements AB32 more specifically in the transportation and land use realm. Success of the sustainable communities strategy assumes a mode shift from autos to cycling, walking and transit. 2012: Moving Ahead for Progress in the 21st Century (MAP-21) was passed by Congress making SR2S activities to be eligible to compete for funding alongside other programs, including the Transportation Enhancements program and Recreational Trails program, as part of a the Transportation Alternatives Program. 2013: SB99/AB101 created the Active Transportation Plan with the goal of making California a national leader in active transportation. 2014: (Indirect Support) Both Caltrans and the Federal Highway Administration endorse the National Association of City Transportation Officials’ publications, “Urban Street Design Guide” and “Urban Bikeway Design Guide”. These publications are, among other things, best practices for accommodating non-motorized users on roadways. While both agencies embraced non-motorized travel through other actions (complete streets, routine accommodation, etc.) this endorsement is a significant departure from past practice which typically only supports the use of internal or industry standard guidance (AASHTO Green Book, Caltrans Highway Design Manual, MUTCD, etc). (2) Would any related public policy be affected by this proposal? If so, describe. This proposed legislation is not it in conflict with any public policy. Adopted Positions on Legislation of Interest – 2014 (Information Updated from Last Month is in bold/italics) Bill Status CC County ABAG BAAQMD CCTA CSAC LofC MTC Other Notes AB 1324 (Skinner) Transactions and Use Taxes: City of El Cerrito Enacted Watch Watch Watch AB 2651 (Linder) Vehicle Weight Fees: Transportation Bond Debt In Assembly Watch   Watch Watch Support and Seek Amendment AB 2728 (Perea) Vehicle Weight Fees: Transportation Bond In Assembly Committee Watch Watch Watch Support and Seek Amendment SB 1418 (DeSaulnier) Vehicle Weight Fees: Transportation Bond Debt Service In Senate Committee on Appropriations Watch   Watch Support AB 1811 (Buchanan) High-Occupancy Vehicle Lanes Enacted Support 4/22/14 Watch Watch Support and Seek Amendment AB 2398 (Levine) Vehicles: Pedestrians and Bicyclists Support 4/22/14 No Interest Watch Support AB 1532 (Gatto) Vehicle Accidents Support 4/22/14 Watch Support Support SB 1151 (Cannella) Vehicles: School Zone Fines VETO Support and Request Amendment 4/22/14 Support Watch Support AB 2235 (Buchanan) Kindergarten-University Public Education Facilities Bond Act of 2014 Senate Inactive File (Governor Opposed) Watch 4/22/14 Watch AB 1724 (Frazier) Construction Manager/General Contractor method: regional transportation agencies: Watch 4/22/14 Support No Interest Watch Support AB 2173 (Bradford): Vehicles – Motorized Bicycles Bill signed by Governor prior to BOS consideration. TWIC Recommendation of “oppose unless amended” (The provisions in the bill expanding the operation of electric bicycles on paths were removed.) SB 1183 (DeSaulnier) Surcharge for Bicycle Infrastructure ENACTED Watch 9/23/14 Hurst – Watch; Buss – Support Watch Bill Status CC County ABAG BAAQMD CCTA CSAC LofC MTC Other Notes FEDERAL Senate 1708: (Merkley [OR])/ House of Representatives 3494: (Blumenauer [OR]) The Bicycle and Pedestrian Safety Act Support 4/22/14 S. 1708: 18 cosponsors (16D, 1R, 1I) H.R. 3494: 98 cosponsors (89D, 9R) G:\Transportation\Legislation\2014\Positions on Legislation of Interest - 2014.docx Adopted 2014 Federal Platform ADOPTED 2014 FEDERAL LEGISLATIVE PLATFORM Contra Costa County As amended June 24, 2014 and September 9, 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.) Adopted 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 (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. Adopted 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) ¾ 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. ¾ 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. ¾ 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. Adopted 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 possible additional land acquisition to assist the Byron Airport in fulfilling its aviation and economic development potential. The Federal government, primarily through the Federal Aviation Administration (FAA), provides funding for planning, analysis, infrastructure improvements and aviation land acquisition. The County will support funding in all these areas for protection and enhancement of our aviation facility and network. East Bay Regional Communication System (EBRCS) – A project to build the East Bay Regional Communication System (EBRCS), a P25 Radio System infrastructure for Contra Costa and Alameda County. This system will provide interoperable voice communication in both the 800 MHz and 700 MHz frequencies to all public safety and public services agencies within Contra Costa County and Alameda County. Adopted 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 federal 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. Adopted 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. The County will also advocate for the following federal actions: ƒ Increase funding to support employment of low-income families through greater access to child care subsidies, and increase the access of children from eligible families to high- quality care that supports positive child development outcomes. ƒ Provide flexibility at the state and local levels so that quality care can be balanced with access and parental choice. 12 Child Support –The County will advocate for the following federal actions: ƒ Eliminate the $25 fee for non-IV-A families. ƒ Restore the incentive match payments that were prohibited in the Deficit Reduction Act. ƒ Allow the automatic use of cash medical support to reimburse Medicaid expenditures. ƒ 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: ƒ 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. ƒ 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. ƒ 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. ƒ 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. Adopted 2014 Federal Legislative Platform Contra Costa County 13 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 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 14 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 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 Adopted 2014 Federal Legislative Platform Contra Costa County 15 • 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. 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: ƒ 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 ƒ Oppose the Administration’s proposal to impose a $1 billion offset against the operating reserves of responsible, entrepreneurial PHAs ƒ Support the revitalization of severely distressed public housing units ƒ Address safety and security concerns connected to drug-related crime The County will support legislation to preserve vital community and economic development programs: 16 ƒ 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 ƒ 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: ƒ Provide adequate funding for Housing Assistance Payment contract renewals and ongoing administrative fees ƒ Enact the Section Eight Voucher Reform Act (SEVRA) ƒ 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: ƒ Fully fund the Home Investment Partnerships Program and HUD’s homeless assistance programs ƒ Capitalize the Housing Trust Fund through a revenue-neutral approach ƒ 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: ƒ Promote reasonable and flexible federal oversight ƒ Incentivize green building and increased Energy Efficiency ƒ Support HUD’s ongoing transformation efforts ƒ Ensure that HUD releases and distributes federal funding in a timely manner ƒ 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 Adopted 2014 Federal Legislative Platform Contra Costa County 17 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 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: ƒ Increase SNAP benefits as a major and immediately available element of economic stimulus. ƒ 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 18 receive food stamps. It is difficult administratively to track this, and when unemployment is high, it can result in more adults going hungry. ƒ Remove the current federal barriers that prevent some nutrition programs from employing EBT technology. Streamlining Permitting for Critical Infrastructure, Economic Stimulus, and Alternative Energy Projects –“Green” Job Creation – Request that Congress and the Administration recognize the value of Habitat Conversation Plans (HCPs) as a reliable way of streamlining critical infrastructure, economic stimulus, and alternative energy project permitting in a manner that is consistent with federal 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 Adopted 2014 Federal Legislative Platform Contra Costa County 19 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: ƒ 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 economy and the succession of more “process-based” regulations issued in the last few years. ƒ 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. ƒ 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. ƒ Rescind the final Deficit Reduction Act regulation restricting allowable state maintenance-of-effort expenditures under TANF purposes 3 and 4. ƒ End federal efforts to impose a national TANF error rate. Veterans Benefits – The County will support legislation to increase availability, accessibility, and utilization of Veterans Benefits. Within Contra Costa County, Veterans’ health care is provided by the VA Martinez Clinic, a division of the VA Northern California Healthcare System. Currently, access to enrollment in the VA healthcare system is limited to Veterans with a Service Connected disability of greater than 10%, special eligibility criteria (Purple Heart, former POW, Iraq & Afghanistan Vets within 5 years of discharge, etc.), and to Veterans with an annual gross income less than a geographically based threshold. Currently, VA emergency services are not available after hours or during weekends. The nearest VA emergency room is nearly 34 miles away from the VA Martinez Clinic. The County will support legislation that would expand enrollment eligibility (such as removing the income limit criteria) to all Veterans with an honorable discharge. Furthermore, the County will support legislation that would establish 24 hour VA emergency services at the VA Martinez clinic. In addition, the County will support legislation that will improve the timeliness and quality of both VA benefits claim decisions and VA healthcare services. Specifically, legislation that works toward improving on the expedited processing of claims and administering of benefits to 20 populations with unique needs, such as homeless Veterans, Women Veterans, and Veterans experiencing service related Posttraumatic Stress Disorder. Veterans Halls – The County will support legislation to provide America’s veterans organizations with resources to make necessary repairs to or replacement of 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 are not compliant with Americans with Disabilities Act accessibility standards, are not earthquake retrofitted, or 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 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. ADOPTED 2014 STATE LEGISLATIVE PLATFORM Contra Costa County As amended September 9, 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 Adopted 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 Adopted 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 provide additional funding/grants to those counties that have a commitment to lowering the crime rate and reducing recidivism through the provision of innovative, comprehensive, evidence-based programs for offender populations and their families. 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. Adopted 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. Adopted 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 is 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. Adopted 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. Adopted 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. Adopted 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. Adopted 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 CalWORKs families. Current law prevents CalWORKs from providing homeless assistance until the CalWORKs family is actually “on the street.” This rule change would enable the County to work with CalWORKs families who are being threatened with homelessness to prevent the eviction and, presumably, better maintain the 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. Adopted 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; and what, if any, mitigation will be paid to offset the cost of increased services and lost revenues. Contra Costa County has been active in working with CSAC and others to address these issues, as well as the need for funding for participation in the federal and state review processes and for mitigation for the existing Class II casino. 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. Adopted 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 Adopted 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. Adopted 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 the state/local funding ratio of 75/25 for the state’s Delta Levees Subventions Program, which provides funds for local levee repair and maintenance projects. The code provisions that have the state paying 75% 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. Adopted 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 Adopted 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 a minimum of 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, or replacement of, 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 are not compliant with Americans with Disabilities Act accessibility standards, are not earthquake retrofitted, or 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 Contra Costa County 29 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. 150. SUPPORT legislation that will improve the timeliness and quality of both VA benefits claim decisions and VA healthcare services. Specifically, legislation that works toward improving on the expedited processing of claims, providing VA healthcare, and administering of benefits to populations with unique needs, such as homeless Veterans, Women Veterans, and Veterans experiencing service related Posttraumatic Stress Disorder or service related Traumatic Brain Injury. Waste Management Issues 151. SUPPORT legislation that establishes producer responsibility for management of their products, including pharmaceuticals and veterinary medicine, at the end of their useful life. 152. SUPPORT efforts to increase the development of markets for recycled materials. 153. SUPPORT legislative and regulatory efforts to allow third parties, under specific circumstances and conditions, to collect and transport household hazardous waste to collection facilities. 154. 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. 155. SUPPORT legislation that does not require increased diversion from landfills without out an adequate funding mechanism. 156. 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. 157. 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. Adopted 2014 Platform 30 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. 158. 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. 159. 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. 160. 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. TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE 8. Meeting Date:10/09/2014   Subject:Pedestrian-Rail Safety Submitted For: TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE,  Department:Conservation & Development Referral No.: 14   Referral Name: Freight transportation issues, including but not limited to potential increases in rail traffic such as that proposed by the Port of Oakland and other possible service increases, safety of freight trains, rail corridors, and... Presenter: Robert Sarmiento Contact: Robert Sarmiento, (925) 674-7822 Referral History: A series of recent incidents at rail corridors around the County have resulted in pedestrian injuries and deaths. At the March 11, 2014 Board of Supervisors meeting, a discussion regarding the issue of pedestrian-rail safety took place. Ultimately, the matter was referred to the Transportation, Water, and Infrastructure Committee (TWIC) for more discussion. At the April 3 TWIC meeting, Supervisor Andersen and Supervisor Piepho directed the Department of Conservation and Development (DCD) staff to review the issue and report back with information regarding the current state of pedestrian-rail safety in the County and any improvements that could be made. Specifically, the Supervisors instructed staff to do the following: 1. Investigate Operation Lifesaver, a non-profit pedestrian-rail safety organization, for grant opportunities. 2. Look at similar outreach/educational efforts from other County departments and external agencies. 3. Research/develop a public safety/education outreach campaign. 4. Identify activity centers in the proximity of rail corridors. 5. Identify possible infrastructure deficiencies. Referral Update: 1. Investigate Operation Lifesaver, a non-profit pedestrian-rail safety organization, for 1. Investigate Operation Lifesaver, a non-profit pedestrian-rail safety organization, for grant opportunities a. Operation Lifesaver offers an annual grant for programs that focus on safety education or public awareness initiatives in communities with rail transit systems (commuter rail, light rail, and streetcar) (Attachment A). The grant requires a 25 percent match. The County must coordinate the grant application process with the Operation Lifesaver State Coordinator. b. The Federal Railroad Administration has previously offered grants to improve railroad safety, including grants for railroad safety technology and railroad track relocation and grade separation. Next Steps a. DCD staff seeks Board authorization to apply for the Operation Lifesaver safety education and public awareness initiatives grant in 2015 and identify necessary matching funds.  b. DCD staff will continue to monitor the Federal Railroad Administration and other transportation and safety agencies' websites for safety grant opportunities. 2. Look at similar outreach/educational efforts from other County departments and external agencies a. County Flood Control staff currently runs a safety program for creeks and channels, which involves both infrastructure improvements, such as regularly-maintained fencing and signage along the channel, to discourage trespassing, and an outreach program, which consists of a creek and channel safety webpage and regular safety outreach to local schools. The program is funded by Flood Control Zone funds. b. Caltrain currently has fencing along its entire route that is regularly maintained. Its capital improvement program includes funding dedicated to pedestrian-rail safety improvements. Caltrain regularly partners with Operation Lifesaver to provide public outreach and a safety education program. c. DCD staff contacted the cities of Richmond and Antioch to see if they have any existing pedestrian-rail safety programs, and both responded that they have none. Next Steps a. DCD staff is in the process of contacting additional agencies and gathering information on existing and successful pedestrian-rail safety programs, including other local jurisdictions in the County and professional organizations. 3. Research/develop a public safety/education outreach campaign a. Safe-Routes-to-School (SR2S) organizations in the County currently provide traffic safety programs and assemblies to schoolchildren. County staff contacted these organizations regarding the possibility of adding a rail safety component to their program and they were supportive.  b. Operation Lifesaver makes appearances at traffic safety assemblies to discuss rail safety upon request, but Operation Lifesaver encourages anyone interested in providing regular pedestrian-rail safety outreach to enroll in its pedestrian-rail safety training and volunteer program. Next Steps a. DCD staff will coordinate with SR2S organizations and Operation Lifesaver to include a pedestrian-rail safety component in existing SR2S efforts. b. DCD staff will work with SR2S to determine appropriate outreach efforts to promote pedestrian-rail safety in the County, using the County Flood Control's Creek and Channel Safety efforts as a model. 4. Identify activity centers in the proximity of rail corridors a. According to DCD data, thirty-two public schools in the County are located within a quarter-mile of a railroad track (Attachment B). Next Steps a. DCD staff recommends using this data as background information for future outreach efforts and infrastructure (signage) improvements. b. DCD staff is in the process of locating additional high-pedestrian activity centers in the proximity of rail corridors. 5. Identify possible infrastructure deficiencies a. Railroad right-of-ways are privately owned, and the County has no jurisdiction to put up fencing or signage along the tracks. b. According to a Union Pacific Railroad, only segments of tracks that have experienced a high number of pedestrian-rail incidents are fenced. Funding for fences is sourced from railroad companies that own or use the railroad track. Next Steps a. DCD staff is exploring signage and fencing coordination efforts with the railroad companies. 6. Current Pedestrian-Rail Safety Enforcement (Not discussed in previous meeting, but identified as an issue during research) a. According to a police officer from Union Pacific (UP) Railroad, which has a major line that runs through the County, rail companies’ own police department is the responsible law enforcement agency for railroad tracks. The UP police station that covers the County has a staff of seven police officers, is located in Oakland, and covers an area from San Luis Obispo to Davis. Periodically, UP police officers work in conjunction with local police departments to perform a sweep of a segment of tracks to catch trespassers. b. Although the Sheriff’s Department can act as a first responder to railroad incidents, it does not regularly monitor railroad tracks, since the tracks fall under the jurisdiction of the railroad police. In addition, the tracks are difficult to monitor because of the remote location of some sections of track, the lack of police staffing, and other enforcement priorities. c. The CA Highway Patrol (CHP) is the responsible law enforcement agency at railroad crossings throughout the unincorporated County. Next Steps a. DCD staff will contact CHP to determine who is designated for railroad crossings enforcement efforts in the County. b. DCD will seek opportunities for law enforcement to participate in outreach efforts. Recommendation(s)/Next Step(s): RECEIVE update on Pedestrian-Rail Safety issues and DIRECT staff as appropriate. Fiscal Impact (if any): Activities are generally accommodated within the existing budget. As the County moves to specific implementation steps, any fiscal impacts will be disclosed. Attachments Attachment A - 2014 Operation Lifesaver Transit Safety Grant Guidelines Attachment B - Public Schools Near Railroad Tracks 2014 OPERATION LIFESAVER COMPETITIVE TRANSIT SAFETY EDUCATION GRANTS GRANT APPLICATION AND EVALUATION GUIDELINES All grant applications must be submitted by OL State Coordinator, transit agency officer, or other official representing a local municipality. If transit agency or local municipality is applicant, the application must be coordinated with the Operation Lifesaver State Coordinator. All applications must be submitted using the Common Grant Application online grant management program. Grant awards are capped at $25,000. Only projects initiated and completed in 2014 are eligible for funding. Initial payment upon award to winning applicants will be 75% of total grant award amount. Final evaluation reports for approved projects must be submitted by January 31, 2015 in order to receive final payment. Total Grant Funding Available -- $150,000 Grant Application Period: June 9 – July 11, 2014 Grant Review and Evaluation Period: July 14–31, 2014 Grant Awards Announced: August 15, 2014 The Grant Review Committee will use the evaluation scoring system below to determine which State Grant applications are awarded funding. Each application has a possible score of 100 points. The following elements of the application will add or subtract points from the total score: • If the grant seeker received an OLI Transit Safety Education Grant in 2013, 5 points are subtracted from the total score, to give non-repeat grantees an edge in evaluation process. • Up to 10 points will be awarded for the description of the Defined Safety Need that the project will address, with supporting data. • Up to 10 points will be awarded for describing a clearly defined target audience for the safety education project. • Up to 20 points will be awarded for the Project Plan description. The Project Plan shall include: (1) clear project goal, (2) listing of project activities; and (3) timeframe for carrying out the project. • Up to 15 points will be awarded for the Project Budget, listing funding sources for project activities and elements, in-kind matching funds, and other items. Grant seekers will download a budget template that includes formulas to automatically calculate the required match percentages and total funding requested for the project. Points are awarded based on completeness and specificity of budget submittal. • Up to 10 points will be awarded based on the amount of non-federal matching funds (including in-kind services) dedicated to the proposed project. These percentages will be automatically calculated when the grant seeker completes the budget template. (Note: non-federal match must be at least 25 percent.) • Up to 10 points will be awarded based on the communications plan for the safety campaign. • Up to 15 points will be awarded for the Evaluation Plan. Points are awarded based on the grant seeker’s description of how he will evaluate the project after its completion, including meaningful metrics for measuring effectiveness and how he will determine whether the project met its goal. • 10 points will be awarded if the project will utilize OLI’s "See Tracks? Think Train!" campaign materials. ! !! ! ! !! ! ! ! ! ! !! !!!!!!!!!!! ! !! ! !!! DISTRICT 5 Richmond Antioch Concord Oakley Danville Hercules Pittsburg Orinda Pinole SanRamon Lafayette WalnutCreek Martinez Brentwood Moraga PleasantHill ClaytonElCerrito SanPablo Richmond DISTRICT 3 DISTRICT 5 DISTRICT 2 DISTRICT 1 DISTRICT 4 I Contra Costa County R ailroads and Public Schools a Quarter Mile from a Railroad Map created 3/31/2014 by Contra Costa County Department Conservation and Development Community Development Division--GIS Group 0 5 102.5 MilesQuarter Mile from Railroad !Public Elementary SchoolOther Railroad Major Railroad !Public High School Public Junior High School!