HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 11162015 - Legislation Cte Agenda Pkt
LEGISLATION COMMITTEE
November 16, 2015
10:00 A.M.
651 Pine Street, Room 101, Martinez
Supervisor Karen Mitchoff, Chair
Supervisor Federal D. Glover, 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. REVIEW and APPROVE the Record of Action from the Oct. 1, 2015 meeting of
the Legislation Committee.
4. REVIEW the Draft 2016 Urban Counties Caucus Legislative Priorities.
5. REVIEW the Draft 2016 State Legislative Platform, provide direction to staff on any
recommended changes, and RECOMMEND action to the Board of Supervisors.
6. REVIEW the Draft 2016 Federal Legislative Platform, provide direction to staff on
any recommended changes, and RECOMMEND action to the Board of Supervisors.
7.The next meeting is currently scheduled for December 3, 2015. The meeting, however,
may be rescheduled.
8.Adjourn
The Legislation Committee will provide reasonable accommodations for persons with disabilities
planning to attend Legislation Committee 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 Legislation Committee less than 96
hours prior to that meeting are available for public inspection at 651 Pine Street, 10th floor,
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.
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prior to the published meeting time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
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LEGISLATION COMMITTEE 3.
Meeting Date:11/16/2015
Subject:
Department:County Administrator
Referral No.:
Referral Name:
Presenter: Contact:
Referral History:
County Ordinance requires that each County body keep a record of its meetings. Though the
record need not be verbatim, it must accurately reflect the agenda and the decisions made in the
meeting. Any handouts or printed copies of testimony distributed at the meeting will be attached
to this meeting record.
Referral Update:
Attached for the Committee's consideration and approval is the Record of Action for its October
1, 2015 meeting (Attachment A). Also attached is the meeting attendance log (Attachment B).
Recommendation(s)/Next Step(s):
APPROVE the Record of Action from the October 1, 2015 meeting with any necessary
corrections.
Attachments
Attachment A
Attachment B
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D R A F T
LEGISLATION COMMITTEE
October 1, 2015
10:30 A.M.
651 Pine Street, Room 101, Martinez
Supervisor Karen Mitchoff, Chair
Supervisor Federal D. Glover, Vice Chair
Agenda Items:Items may be taken out of order based on the business of the day and preference of the Committee
Present: Karen Mitchoff, Chair
Absent: Federal D. Glover, Vice Chair
Staff Present:Lara DeLaney, Sr. Deputy Count Administrator
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.APPROVE Record of Action from the May 7, 2015 meeting with any necessary
corrections.
The Committee accepted the Record of Action as presented.
AYE: Chair Karen Mitchoff
Passed
4.RECEIVE the report on possible legislative policy reform and PROVIDE direction to
staff, as needed.
The Committee directed staff to send the item to the Board of Supervisors for
discussion, at a time convenient to Mr. Moore, with a recommendation to not form a
Task Force or pursue a particular legislative or legal remedy at this time.
AYE: Chair Karen Mitchoff
Passed
5.ACCEPT the report on legislative highlights from the past legislative session and
provide direction to staff, as needed.
Attachment A
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The Committee accepted the report and provided no further direction to staff.
AYE: Chair Karen Mitchoff
Passed
6.ACCEPT the "Bills of Interest" report and provide direction to staff, as needed.
The Committee accepted the report with no further direction to staff.
7.ACCEPT the report on federal issues and provide direction to staff, as needed.
The Committee accepted the report with no further direction to staff.
8.The next meeting is currently scheduled for November 5, 2015.
Supervisor Mitchoff requested that the meeting be rescheduled, as she had a
conflict with the November 5, 2015 scheduled meeting.
9.Adjourn
The Legislation Committee will provide reasonable accommodations for persons with disabilities planning to attend Legislation Committee
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 Legislation Committee less than 96 hours prior to that meeting are available for public inspection at 651 Pine Street, 10th
floor, 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:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
Attachment A
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Attachment B6 of 130
LEGISLATION COMMITTEE 4.
Meeting Date:11/16/2015
Subject:Urban Counties Caucus Proposed 2016 Legislative Priorities
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2015-18
Referral Name: UCC Proposed 2016 Legislative Priorities
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
Each fall, the key legislative staff of the Urban Counties Caucus meets in Sacramento to discuss
UCC legislative priorities for the coming year. This discussion starts the process whereby a
legislative priorities document is prepared for consideration by the UCC Board of Directors
during the annual California State Association of Counties (CSAC) Conference, to be held in
Monterey, CA in December of this year.
The adopted priorities will guide UCC staff in their legislative activities for the upcoming year.
The Draft 2016 Legislative Priorities for the Urban Counties Caucus is included as Attachment A.
Referral Update:
The Draft 2016 Legislative Priorities for the Urban Counties Caucus is Attachment A.
Substantive revisions from the 2015 Legislative Priorities include:
Moving "Health Care Financing" to the top priority.
Eliminating "Mandate Reimbursement" as a specific priority and modifying the State
Budget priority to include: UCC will support efforts to require the state to continue to reimburse the
urban counties for all outstanding mandates currently owed to urban counties .
Adding as a priority: Transportation Funding: UCC supports additional funding to the local
transportation system and supports new sources of funding to respond to transportation needs. UCC supports
continued direct subventions to local governments for the maintenance, operation, preservation, and safety
needs of the local system.
Expanding on the "Affordable Housing" priority to include: providing additional incentives for
counties to approve housing. UCC will advocate for proposals that fund initiatives that reduce and prevent
homelessness, expand the availability of permanent supportive housing, and provides urban counties with the
ability to maximize and leverage available Federal, State and local funds to provide services for at-risk and
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homeless families and single persons.
Adding as a priority: Medical Marijuana Regulation: UCC will continue to work with our county
partners on clean-up legislation related to Medical Marijuana due to the passage of the three bill package in
2015. This includes addressing mobile deliveries, ensuring local control of licensing and the ability to ban, as
well as clean up needed in AB 243.
Recommendation(s)/Next Step(s):
REVIEW the Draft 2016 UCC Legislative Priorities.
Attachments
Attachment A
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Board of Directors: Chair: Supervisor John Benoit, Riverside County Vice Chair: Supervisor Susan Peters, Sacramento County Treasurer: Emily Harrison,
Finance Director, Santa Clara County; Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra Costa County; Supervisor Don
Knabe, Los Angeles County: Supervisor Lisa Bartlett, Orange County; Supervisor James Ramos, San Bernardino County; Supervisor Dave Roberts, San Diego
County; Supervisor (Vacant), San Francisco County; Supervisor Carole Groom, San Mateo County; Supervisor Ken Yeager, Santa Clara County; Supervisor Kathy
Long, Ventura County
1100 “K” Street, Suite 101/Sacramento, CA 95814/ (916) 327-7531 FAX (916) 491-4182/UCC@urbancounties.com
UCC Legislative Priorities – 2016
DRAFT
Health Care Financing
UCC will continue to work on the implementation of required Health Care Reform measures to maximize
Federal revenue including the implementation of AB 85 UCC will support efforts to adopt a new funding
source for the Managed Care Organization tax which is part of the 2015 Special Session on Health Care and
would oppose efforts to use county funding to bridge the gap in the funding. Regarding undocumented
immigrants, any proposal to provide coverage to these individuals should be the responsibility of the state.
UCC will also work to ensure that the 2015 Medi-Cal waiver maximizes the drawdown of federal funds for
services and facilities and ensures that urban counties receive their fair share of funding. UCC will also
closely monitor the efforts by the Department of Health Care Services to obtain the necessary funding to
deal with any new duties or responsibilities for urban counties. In addition, UCC will work to ensure that
the Coordinated Care Initiative which currently operates in 6 urban counties is continued by the
Administration.
State Budget Issues
Historically, the state has raided county revenue which has contributed to the overall difficulty in financing
services at the local level. Since 2001, the shortfall between actual county expenses and state
reimbursement for state programs has grown to over $1 billion annually creating a de facto cost shift (i.e.
the Human Services Funding Deficit).
Therefore, UCC will focus on the State Budget with emphasis on securing adequate funding for programs
administered by urban counties. UCC will oppose reductions in state programs that increase the burden on
urban county programs. UCC will oppose efforts to reduce funding without a commensurate reduction in
county responsibility. UCC will further oppose any efforts to shift costs or federal penalties to urban
counties. UCC will support efforts to require the state to continue to reimburse the urban counties for all
outstanding mandates currently owed to urban counties.
Transportation Funding
UCC supports additional funding to the local transportation system and supports new sources of funding to
respond to transportation needs. UCC supports continued direct subventions to local governments for the
maintenance, operation, preservation, and safety needs of the local system.
Realignment
UCC will oppose any realignment proposals that transfer additional program responsibility to counties
without adequate funding, constitutional protections, county participation and approval. UCC will remain
vigilant about ensuring Proposition 30 protections for all realigned programs.
Specifically, on the 2011 Public Safety Realignment, UCC believes that current funding is not sufficient and
we are concerned about the unique issues related to this population and the unique issues that urban
URBAN
COUNTIES
CAUCUS
Chair
Supervisor John J. Benoit
Executive Director
Jolena L. Voorhis
Attachment A
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Board of Directors: Chair: Supervisor John Benoit, Riverside County Vice Chair: Supervisor Susan Peters, Sacramento County Treasurer: Emily Harrison,
Finance Director, Santa Clara County; Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra Costa County; Supervisor Don
Knabe, Los Angeles County: Supervisor Lisa Bartlett, Orange County; Supervisor James Ramos, San Bernardino County; Supervisor Dave Roberts, San Diego
County; Supervisor (Vacant), San Francisco County; Supervisor Carole Groom, San Mateo County; Supervisor Ken Yeager, Santa Clara County; Supervisor Kathy
Long, Ventura County
counties are facing which includes behavioral health, liability, cost of living, job training, and increasing
caseload costs. UCC supports efforts to provide more funding for the existing programs, and supports
efforts to efficiently manage our significant caseload as noted above. UCC also supports more funding for
county correctional treatment facilities construction and behavioral health programs and facilities in order to
have adequate space to meet the requirements of Realignment and the goal of reducing recidivism.
Affordable Housing
UCC supports obtaining a permanent funding source for affordable housing. This includes providing
additional incentives for counties to approve housing. UCC will advocate for proposals that fund initiatives
that reduce and prevent homelessness, expand the availability of permanent supportive housing, and
provides urban counties with the ability to maximize and leverage available Federal, State and local funds to
provide services for at-risk and homeless families and single persons.
Medical Marijuana Regulation
UCC will continue to work with our county partners on clean-up legislation related to Medical Marijuana due
to the passage of the three bill package in 2015. This includes addressing mobile deliveries, ensuring local
control of licensing and the ability to ban, as well as clean up needed in AB 243.
Attachment A
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LEGISLATION COMMITTEE 5.
Meeting Date:11/16/2015
Subject:Draft 2016 State Legislative Platform
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2015-19
Referral Name: Draft 2016 State Legislative Platform
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
Each fall, the County Administrator’s Office initiates the development of the coming year’s State
and Federal Legislative platforms by inviting members of the Board of Supervisors, Department
Heads and key staff to provide recommended changes or additions to the current adopted
Platforms.
In October, all were invited to provide suggested edits to the State Platform by submitting input in
writing.
The Legislation Committee typically reviews the draft Platform in November and/or December,
with the Proposed Platform recommended to the Board of Supervisors for adoption in January.
Referral Update:
CONTRA COSTA SPONSORED BILL PROPOSALS
To date, staff has received one proposal for a Contra Costa County-sponsored bill for 2016: from
the CAO and County Counsel related to Tier III disability retirement provisions.
The sponsored bill proposal is as follows:
Disability Retirement Provisions: Clarify that the disability retirement provisions applicable to Tier
III members of the Contra Costa County Retirement Association (CCCERA) also apply to County and
dependent special district non-safety employees who become New Members, as defined in PEPRA, of
CCCERA.
LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES
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Staff recommends continuing the following advocacy priorities for the County for 2016. The
Legislation Committee may wish to provide direction to staff on these priority areas.
1: State Budget
2: Health Care
3: Water and Levees /The Sacramento-San Joaquin Delta
4: Realignment Implementation
Changes from the 2015 State Platform:
The Water and Levees/The Sacramento-San Joaquin Delta priority has been updated to reflect the
new reference to the BDCP project as the California Water Fix (CWF).
STATE PLATFORM POLICY POSITIONS
The following are the recommended Platform policy position changes from staff for the 2016
State Platform:
Health Care Issues
Addition of the following policies:
82. 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; preventing the use of tobacco, electronic smoking devices (e-cigarettes) and flavored tobacco by youth and young adults; eliminating exposure to second-hand and third-hand smoke; restrictions on advertising of electronic smoking devices; reducing and eliminating disparities related to tobacco use and its effects among specific populations; increasing the minimum age to 21 to purchase tobacco products; and the promotion of quitting among young people and adults.
preventing the use of tobacco, electronic smoking devices (e-cigarettes) and flavored tobacco by youth and young
adults; eliminating exposure to second-hand and third-hand smoke; restrictions on advertising of electronic
smoking devices; reducing and eliminating disparities related to tobacco use and its effects among specific
populations; increasing the minimum age to 21 to purchase tobacco products; and the promotion of quitting among
young people and adults.
84. SUPPORT funding and policy changes to support population-based chronic disease
prevention efforts. Collectively, these include efforts to move up-stream from the treatment of
illness associated with chronic disease to advance a policy, systems and organizational change
approach to address the underlying environmental factors and conditions that influence health and
health behaviors.
85. SUPPORT efforts that would advance a Health-In-All-Policies approach to policy work done
across the County. This implies consideration of how health is influenced by the built
environment and a connection with land use planning and development.
86. SUPPORT ongoing study of the health impact of global and regional climate change and
ongoing countywide mitigation efforts.
87. SUPPORT efforts that would preserve the nature and quality of safety net services historically
provided at the local level, such as the California Children’s Services (CCS) and Child Health and
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Disability Prevention (CHDP) programs, which are being transitioned into managed care at the
state level.
88. SUPPORT maintaining level or enhanced funding, streamlined processes and greater
flexibility for Public Health Emergency Preparedness initiatives including Pandemic Influenza,
and continued funding for all categories related to Public Health Preparedness, including Hospital
Preparedness Program, Cities Readiness Initiative and core Public Health Preparedness.
89. SUPPORT increased state funding and policy changes for Tuberculosis (TB) prevention and
treatment, to reflect the growing number of cases being treated in Santa Clara County. Santa Clara
County has more TB cases than 35 States.
90. SUPPORT increased funding for the public health infrastructure and prevention services as
outlined in the public health components of the Affordable Care Act and the National Prevention
and Public Health Fund.
91. SUPPORT recognition of Local Public Health Departments as an authorized provider for
reimbursement related to the provision of Immunization, Family Planning, HIV, STD and TB.
92. SUPPORT the reversal of the pre-emption language regarding local Menu-Labeling that is
included the Affordable Care Act.
93. SUPPORT enhanced funding for public health programs, specifically:
Prevention programs in the areas of chronic disease, specifically oral health, obesity,
diabetes, cancer, teen pregnancy and injury prevention as well as health promotion
programs, such as nutrition and activity education;
a.
Protecting the Prevention and Public Health Fund (PPHF), as established in the Affordable
Care Act.
b.
Increased resources dedicated to surveillance and prevention programs targeting chronic
diseases such as cardiovascular, stroke, cancer, diabetes, and asthma, as well as injury and
violence;
c.
Combating infectious diseases, such as Hepatitis B, Hepatitis C, Chlamydia, and Influenza
and providing screening, diagnosis, and treatment;
d.
Provide for adequate State funding for children’s programs, including the California
Children’s Services (CCS) program for clients who are not Medi-Cal eligible to assure that
counties are not overmatched in their financial participation; and
e.
Programs which seek to limit the effects of injury, violence and abuse on children and adults.f.
94. SUPPORT efforts to strengthen needle exchange programs as part of an overall program to
combat the spread of HIV and other diseases; allowing items associated with needle exchange
programs, such as, cookers, sterile water, and cotton to be distributed along with clean needles;
and the elimination of the federal ban on funding needle exchange programs.
95. SUPPORT legislative efforts to reduce or eliminate lead and toxic substances in consumer
products, particularly those used by infants and children.
96. SUPPORT legislative efforts to reduce exposure to toxic air pollutants and the reduction of
C02 emissions.
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97. SUPPORT funding, policy and programs dedicated to suicide and violence prevention.
98. SUPPORT funding, policy and programs aimed at reducing the misuse of prescription drugs,
most especially opioids. Additionally, support restrictions on the sale and use of Powered alcohol.
99. SUPPORT necessary County infrastructure and adequate funding related to the support and
enforcement functions of newly passed State Medical Marijuana regulatory controls.
100. SUPPORT legislation such as AB 1357 and/or similar policy efforts to tax certain beverages
that contain added sugars, by establishing a per fluid ounce health impact fee on sugar sweetened
beverages at the distributor level. In addition, support SB 203, a two year bill, or similar efforts
which would create the Sugar Sweetened Beverage Safety warning act, which would require a
safety warning on all sealed sugar sweetened beverages.
101. SUPPORT legislation such as AB 292 and/or similar efforts that support healthy meals and
adequate meal time for school-age children. The bill would require school districts, in addition to
providing a nutritionally adequate free or reduced-price meal for each needy pupil each school
day, to ensure that each of the schools in their respective jurisdictions makes available to its pupils
adequate time to eat after being served lunch. The bill would declare that the State Department of
Education specifies that an adequate time to eat school lunch is 20 minutes after being served. The
bill would require a school that determines, upon annual review of its bell schedule, that it is
currently not providing pupils with adequate time to eat, to identify and develop a plan to
implement, in consultation with the school district, ways to increase pupils’ time to eat lunch.
102. SUPPORT efforts to dedicate funding that sustains and expands non-infrastructure Safe
Routes to School programs that educate students, parents, and school staff about safe walking and
bicycling to school.
Human Services Issues
Addition of 18 policy issues:
103. SUPPORT efforts to promote safety of Adult Protective Services workers conducting
required unannounced home visits by allowing them to request and receive from law enforcement
criminal record checks through the California Law Enforcement Telecommunications System
(CLETS). This would primarily be used for reported abusers in the household.
104. SUPPORT efforts to develop emergency/and or temporary shelter options for Adult
Protective Services population and consider options that include but are not limited to, licensing
of facilities specifically for this population and exploring Medi-Cal billing options to support
clients in hospitals and other care facilities pending a more permanent housing placement.
105. SUPPORT simplification of IHSS service hour calculation and allocation to insure
compliance with the Fair Labor Standards Act (FLSA) and efficiently provide services to
consumers.
106. SUPPORT solutions that allow access for Adult Protective Services to access financial
records for investigation of financial abuse and exploitation. Financial abuse is a fast-growing
form of abuse of seniors and adults with disabilities and current law does not authorize financial
institutions to grant access to financial records necessary to investigate the reported abuse without
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the consent of the account holder or authorized representative.
107. SUPPORT legislation that authorizes juvenile courts to deny reunification services to a
parent who has knowingly engaged in or consented to the sexual exploitation of the child.
108. SUPPORT efforts to extend family stabilization mental health/substance abuse funding to
include all family members. Current law only funds services for adult Welfare to Work
participants.
109. SUPPORT revision of CalWORKs Program regulations to eliminate the Welfare to Work 24
Month Time Clock in order to provide clients with a full 48 months to participate in
Welfare-to-Work activities.
110. SUPPORT solutions to address gaps in existing state statute that cause disruptions to
continuity of care for some Covered California Insurance Affordability Program (IAP) enrollees
when a new determination of IAP takes place.
111. SUPPORT the use of state funds to pay for CalFresh benefits for those Deferred Action for
Childhood Arrivals (DACAs) who would otherwise be eligible for CalFresh.
112. SUPPORT efforts to extend eligibility to zero share of cost Medi-Cal when recipients report
new earned income. Potential increases to state and local minimum wage impacts eligibility to
free health care.
113. SUPPORT efforts to increase CalFresh participation by eliminating Gross Income Test for
all applicants, exempting Veteran’s Benefits from any income test, increasing shelter deduction
to average rate based on County of Residence (varied across State), and eliminating countable
resources and/or expanding Modified Categorically Eligible regulations to all households.
114. SUPPORT efforts to simplify the CalFresh application process through the creation of a
statewide telephonic and electronic signature system to reduce denials and discontinuances due to
failure to provide.
115. SUPPORT efforts to extend eligibility of CalWORKs benefit by exempting the first 6
months of earned income received from new employment or wage increases. Intended to create
better financial stability when a family’s income increases due to changes in local and state
minimum wage law.
116. SUPPORT fully funding Medi-Cal Administrative costs.
117. SUPPORT increased funding for Foster Parent Recruitment and Retention.
118. SUPPORT expanding CalWORKs Homeless Services Program.
119. SUPPORT eliminating the Maximum Family Grant (MFG) Rule. MFG prevents from
families from receiving benefits for children conceived and born while receiving CalWORKs
benefits.
120. SUPPORT funding for statewide Adult Protective Services training.
Deletion of six policy issues that do not apply for 2016.
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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.
SUPPORT efforts to allow the CalFresh redetermination process to be done by mail
without interview and permit the mail in process for CalFresh aged and/or disabled
households. This would increase the efficiency of CalFresh redetermination and help
people who are receiving the benefit who would have difficulty coming into a benefits
office.
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.
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.
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.
SUPPORT ending the student restrictions that disallow CalFresh for poor students.
Students should not be penalized for getting an education.
SUPPORT a State Earned Income Tax Credit. Developing a state earned income tax
credit would incentivize work and reduce poverty . The Federal EITC program is the
most effective government antipoverty program and 22 other states have a state EITC.
Land Use/Community Development Issues
Text changes to policy #127 to reflect the granting amount of approximately $24 million to
East Contra Costa County Natural Community Conservation Plans (NCCPs); to support the
inclusion of NCCPs for funding in allocations from Proposition 1; and to encourage
recognition of the NCCP as an appropriate tool for spending CAP and Trade revenues.
Addition of policy issue #156: ADVOCATE for State legislation prohibiting the sale of AlcoPop
products by businesses that sell alcoholic beverages. It has come to the attention of the Board of Supervisors
that a type of alcoholic beverage product known as “alcopops” has been identified as a contributor to
under-age drinking. The Board, through recommendations from the Public Protection Committee, has
adopted amendments to the Alcoholic Beverage Sales Commercial Activities Zoning Ordinance that
authorizes the County to prohibit the sale of alcopops at any establishment not in compliance with the
performance standards. Along with the code changes, various implementation strategies were also approved
in order to better coordinate efforts between County Departments and agencies for streamlined
implementation and enforcement of the Ordinance.
Transportation Issues
Text change to policy #176 to refer to State Route 239 as TriLink.
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Text change to policy #176 to refer to State Route 239 as TriLink.
Addition of policy #185: SUPPORT funding increases for active transportation projects including
funding for enhancements and expansion of separated trails (Class I, cycle track) including corridor
planning, trail access improvements, trail expansion/enhancements, overcrossings, intersection
improvements, Class I trail inter-connectivity projects, and wayfinding/signage projects.
Workforce Development (new category)
Addition of new policy:
199. SUPPORT legislative and regulatory efforts that make the necessary changes to existing law for the
implementation of the federal Workforce Innovation and Opportunity Act (WIOA) in California. An implementation
bill (currently SB 45) will be before the State Legislature in 2016. The County supports legislation that would
include provisions that state that the Local Plan developed by local workforce boards should be the basis of all
workforce planning in the local areas and all workforce-related state grants. Additionally, the County supports
provisions that ensure that staffing costs and support services should be included in the training expenditure
requirement. Finally, the County supports provisions that require all programs listed in the Workforce Innovation
& Opportunity Act (WIOA) work together to ensure that data is collected and reported across all programs,
utilizing the state’s base-wage file system to ease local reporting burdens.
Recommendation(s)/Next Step(s):
REVIEW the Proposed 2016 State Legislative Platform, provide direction to staff on any
recommended changes, and RECOMMEND action to the Board of Supervisors.
Attachment A is the Draft 2016 State Platform, as marked up from the 2015 Adopted Platform.
Attachment B is the Draft 2016 State Platform, clean copy.
Attachments
Attachment A: Marked-Up 2016 Draft Platform
Attachment B: Clean-copy 2016 Draft Platform
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Attachment A
DRAFT 2016 STATE
LEGISLATIVE
PLATFORM
Contra Costa County
Draft November 101, 2015
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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
Delta Water Platform ................................................................................................................................ 9
Elections Issues ......................................................................................................................................... 9
Emergency Preparedness, Emergency Response .................................................................................... 10
Eminent Domain Issues .......................................................................................................................... 10
Flood Control and Clean Water Issues .................................................................................................... 11
General Revenues/Finance Issues ........................................................................................................... 12
Health Care Issues ................................................................................................................................... 14
Human Services Issues ............................................................................................................................ 17
Indian Gaming Issues .............................................................................................................................. 20
Land Use/Community Development Issues ............................................................................................ 21
Law and Justice System Issues ............................................................................................................... 23
Library Issues .......................................................................................................................................... 25
Telecommunications Issues .................................................................................................................... 26
Transportation Issues .............................................................................................................................. 26
Veterans Issues ........................................................................................................................................ 28
Waste Management ................................................................................................................................. 29
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Draft 2016 Platform November 110, 2015 2
2016 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
Pursue legislation to clarify that the disability retirement provisions applicable to Tier III
members of the Contra Costa County Retirement Association (CCCERA) also apply to County
and dependent special district non-safety employees who become New Members, as defined in
Public Employees’ Pension Reform Act (PEPRA), of CCCERA.
Pursue legislation to seek $25 million for Iron Horse Trail overcrossings at
Bollinger Canyon and Crow Canyon Roads in San Ramon and Sycamore Valley
Road in Danville or additional segments.
Pursue legislation to improve traffic safety around schools in an effort to increase
the walk/bike rate to school. Specifically the bill would do three things:
1. increase the prescriptive size of the school zone to 1320 feet (a quarter
mile);
2. authorize performance methods for further expanding the zone -
essentially an agency could perform a traffic study to establish the need to further
expand the zone to be reflective of actual pedestrian/bicycle access patterns
around schools; and
3. enhance penalties for speeding violations in those newly defined zones.
LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES
Each year, issues emerge through the legislative process that are of importance to the County
and require advocacy efforts. For 2016, 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. California’s budget outlook for 2015-16 continues to
show the promise begun in 2014-15. Our economy is expected to see continued improvement
over the next several years and revenue growth is exceeding last year’s projections. General
Fund revenues are projected to be $109.7 billion in 2014-15 and $114.6 billion in 2015-16, a 4.5
percent increase over the updated 2014-15 revenues. Compared to revenues adopted for the
Comment [VT1]: Per Lisa Driscoll, Labor
Relations
Formatted: Indent: Left: 1"
Comment [VT2]: Per Gayle Israel, District II
Formatted: Indent: Left: 1", No bullets or
numbering
Comment [LD3]: The bill is being sponsored
by Senator Cannella, with cosponsors of Bonilla
and Baker. SB 632.
Formatted: Justified, Indent: Left: 1"
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Contra Costa County 3
budget last June, revenues are forecast to be $4.1 billion higher over 2013-14, 2014-15, and
2015-16. About half of these additional revenues are required to satisfy Proposition 98, the K-14
funding guarantee. The other half would be placed in the Rainy Day Fund and used to pay down
debt per the terms of Proposition 2, the ballot measure passed in November 2014 that strengthens
the reserve requirements and pays down debt in years of strong capital gains tax revenue growth.
The Governor’s Budget proposes total GF expenditures of $113.2 billion and a regular reserve
for liquidation and economic uncertainties of $1.5 billion. The Prop. 2 Rainy Day Fund is
proposed to contain $2.8 billion, of which $1.6 billion was placed in the account in 2014-15 and
$1.2 billion is added in 2015-16.
While the Governor's Budget identifies cost pressures and budget risks in health and human
services programs, 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. (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.
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
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Draft 2016 Platform November 110, 2015 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 while
opposing legislation which would reduce Medi-Cal eligibility. In addition, the County will
continue to work to reduce uncompensated health care costs and on the adequacy of rates under
the new health care system.
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 and
2012 ballots but successfully passed on the 2014 state ballot, as Proposition 1.
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 2015 2016 include, but are not limited to: (1) the ongoing
development of the BDCP project, now known as the California WaterFix (CWF) and whether
the state water bond appropriates funds specific to the BDCP/CWF; (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
Comment [VT4]: Per Ryan Hernandez, DCD
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Contra Costa County 5
funding is not sufficient and is also concerned about liability issues arising from the new
responsibilities.
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, constitutional protections, county
participation and approval. 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, 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.
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. Finally,
the County also supports more funding for mental health and behavioral health programs and
facilities in order to meet the requirements of Realignment and the goal of reducing recidivism.
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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, and support revisions to State school siting policies, 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.
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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.
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Draft 2016 Platform November 110, 2015 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.
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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.).
Delta Water Platform
To protect the Sacramento-San Joaquin Delta from various detrimental forces that are
affecting its health and resources, it is the policy of Contra Costa County to support
implementation of projects and actions that will help improve the Delta ecosystem and
the economic conditions of the Delta. Contra Costa County has developed a Delta Water
Platform to identify and promote activities and policy positions that support the creation
of a healthy Sacramento-San Joaquin Delta. Contra Costa County will use this Platform
to guide its own actions and advocacy in other public venues regarding the future of the
Delta.
The Delta Water Platform is comprised of twenty subject areas. Each of these subject
categories contains relevant policies and background explanatory language. The policies
and background information can be found in the Delta Water Platform, which is included
in this document by reference.
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
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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.
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.
28. SUPPORT legislation that expands school safety improvement programs such as
education regarding and placement of automated external defibrillator(s) (AED(s)) in
schools.
Eminent Domain Issues
29. SUPPORT legislation that maintains the distinction in the California Constitution
between Section 19, Article I, which establishes the law for eminent domain, and Section
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7, Article XI, which establishes the law for legislative and administrative action to protect
the public health, safety, and welfare.
30. 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
31. 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.
32. 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.
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.
33. 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.
34. 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.
35. 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.
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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.
36. 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.
37. 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.)
38. OPPOSE efforts to limit local authority over transient occupancy taxes (TOT).
39. 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.
40. 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.
41. 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.
42. 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.
43. SUPPORT efforts to relieve California of the federal Child Support penalties without
shifting the cost of the penalties to the counties.
44. 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.
45. 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
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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.
46. 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.
47. 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.
48. SUPPORT state actions that maximize Federal and State revenues for county-run
services and programs.
49. SUPPORT legislative compliance with both the intent and language of Proposition 1A.
50. 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.
51. SUPPORT full State funding of all statewide special elections, including recall elections.
52. 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.
53. 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.
54. 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.
55. 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
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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.
56. SUPPORT legislation that provides constitutional protections and guaranteed funding to
counties under Realignment.
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.
57. 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.
58. SUPPORT Medi-Cal reimbursement rate increases to incentivize providers to participate
in the program.
59. 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).
60. 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.
61. 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
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must be fully understood and accounted for in order to protect, and enhance as
appropriate, funding for these related services.
62. OPPOSE safety net funding transfers until an analysis of who would remain uninsured
(e.g. medically indigent adults, including citizens, who cannot document citizenship
under current Medicaid eligibility rules) is completed in order to adequately fund services
for these populations.
63. SUPPORT efforts to clearly define and adequately fund remaining county
responsibilities.
64. 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.
65. SUPPORT efforts to provide adequate financing for health care reforms to succeed.
66. SUPPORT measures that maximize federal reimbursement from Medicaid and S-CHIP.
67. 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.
68. 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.
69. SUPPORT state action to implement a 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.
70. SUPPORT efforts to increase revenues and to contain mandated costs in the County's
hospital and clinics system.
71. SUPPORT efforts to obtain a fair-share of any state funds in a distribution of funding for
the integration of IHSS and managed care.
72. SUPPORT efforts to increase the availability of health care (including alcohol and other
drugs recovery) to the uninsured in California, whether employed or not.
73. 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.
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74. 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.
75. 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.
76. 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.
77. SUPPORT efforts to give incentives to providers to establish more youth-driven
treatment facilities within the community.
78. 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.
79. 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.
80. SUPPORT and encourage the development of strategies that include alcohol and other
drugs services in the provision of all culturally appropriate health care services.
81. 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.
82. 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; preventing the use of tobacco, electronic smoking devices (e-
cigarettes) and flavored tobacco by youth and young adults; eliminating exposure to
second-hand and third-hand smoke; restrictions on advertising of electronic smoking
devices; reducing and eliminating disparities related to tobacco use and its effects among
specific populations; increasing the minimum age to 21 to purchase tobacco products;
and the promotion of quitting among young people and adults. .
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83. SUPPORT and encourage state, federal and/or private funding for pharmaceutical
research for the development of new cannabis products which would meet Federal Drug
Administration (FDA) standards of known strengths and attributes (and without
unnecessary side effects) which would be dispensable through pharmacies and medical
facilities consistent with State and Federal law.
84. SUPPORT funding and policy changes to support population-based chronic disease
prevention efforts. Collectively, these include efforts to move up-stream from the
treatment of illness associated with chronic disease to advance a policy, systems and
organizational change approach to address the underlying environmental factors and
conditions that influence health and health behaviors.
85. SUPPORT efforts that would advance a Health-In-All-Policies approach to policy work
done across the County. This implies consideration of how health is influenced by the
built environment and a connection with land use planning and development.
86. SUPPORT ongoing study of the health impact of global and regional climate change and
ongoing countywide mitigation efforts.
87. SUPPORT efforts that would preserve the nature and quality of safety net services
historically provided at the local level, such as the California Children’s Services (CCS)
and Child Health and Disability Prevention (CHDP) programs, which are being
transitioned into managed care at the state level.
88. SUPPORT maintaining level or enhanced funding, streamlined processes and greater
flexibility for Public Health Emergency Preparedness initiatives including Pandemic
Influenza, and continued funding for all categories related to Public Health Preparedness,
including Hospital Preparedness Program, Cities Readiness Initiative and core Public
Health Preparedness.
89. SUPPORT increased state funding and policy changes for Tuberculosis (TB) prevention
and treatment, to reflect the growing number of cases being treated in Santa Clara
County. Santa Clara County has more TB cases than 35 States.
90. SUPPORT increased funding for the public health infrastructure and prevention services
as outlined in the public health components of the Affordable Care Act and the National
Prevention and Public Health Fund.
91. SUPPORT recognition of Local Public Health Departments as an authorized provider for
reimbursement related to the provision of Immunization, Family Planning, HIV, STD and
TB.
92. SUPPORT the reversal of the pre-emption language regarding local Menu-Labeling that
is included the Affordable Care Act.
93. SUPPORT enhanced funding for public health programs, specifically:
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a. Prevention programs in the areas of chronic disease, specifically oral health, obesity,
diabetes, cancer, teen pregnancy and injury prevention as well as health promotion
programs, such as nutrition and activity education;
b. Protecting the Prevention and Public Health Fund (PPHF), as established in the
Affordable Care Act.
c. Increased resources dedicated to surveillance and prevention programs targeting
chronic diseases such as cardiovascular, stroke, cancer, diabetes, and asthma, as well
as injury and violence;
d. Combating infectious diseases, such as Hepatitis B, Hepatitis C, Chlamydia, and
Influenza and providing screening, diagnosis, and treatment;
e. Provide for adequate State funding for children’s programs, including the California
Children’s Services (CCS) program for clients who are not Medi-Cal eligible to
assure that counties are not overmatched in their financial participation; and
f. Programs which seek to limit the effects of injury, violence and abuse on children and
adults.
94. SUPPORT efforts to strengthen needle exchange programs as part of an overall program
to combat the spread of HIV and other diseases; allowing items associated with needle
exchange programs, such as, cookers, sterile water, and cotton to be distributed along
with clean needles; and the elimination of the federal ban on funding needle exchange
programs.
95. SUPPORT legislative efforts to reduce or eliminate lead and toxic substances in
consumer products, particularly those used by infants and children.
96. SUPPORT legislative efforts to reduce exposure to toxic air pollutants and the reduction
of C02 emissions.
97. SUPPORT funding, policy and programs dedicated to suicide and violence prevention.
98. SUPPORT funding, policy and programs aimed at reducing the misuse of prescription
drugs, most especially opioids. Additionally, support restrictions on the sale and use of
Powered alcohol.
99. SUPPORT necessary County infrastructure and adequate funding related to the support
and enforcement functions of newly passed State Medical Marijuana regulatory controls.
100. SUPPORT legislation such as AB 1357 and/or similar policy efforts to tax certain
beverages that contain added sugars, by establishing a per fluid ounce health impact fee
on sugar sweetened beverages at the distributor level. In addition, support SB 203, a two
year bill, or similar efforts which would create the Sugar Sweetened Beverage Safety
warning act, which would require a safety warning on all sealed sugar sweetened
beverages.
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101. SUPPORT legislation such as AB 292 and/or similar efforts that support healthy meals
and adequate meal time for school-age children. The bill would require school districts,
in addition to providing a nutritionally adequate free or reduced-price meal for each
needy pupil each school day, to ensure that each of the schools in their respective
jurisdictions makes available to its pupils adequate time to eat after being served lunch.
The bill would declare that the State Department of Education specifies that an adequate
time to eat school lunch is 20 minutes after being served. The bill would require a school
that determines, upon annual review of its bell schedule, that it is currently not providing
pupils with adequate time to eat, to identify and develop a plan to implement, in
consultation with the school district, ways to increase pupils’ time to eat lunch.
102. SUPPORT efforts to dedicate funding that sustains and expands non-infrastructure Safe
Routes to School programs that educate students, parents, and school staff about safe
walking and bicycling to school.
83.
Human Services Issues
103. SUPPORT efforts to promote safety of Adult Protective Services workers conducting
required unannounced home visits by allowing them to request and receive from law
enforcement criminal record checks through the California Law Enforcement
Telecommunications System (CLETS). This would primarily be used for reported
abusers in the household.
104. SUPPORT efforts to develop emergency/and or temporary shelter options for Adult
Protective Services population and consider options that include but are not limited to,
licensing of facilities specifically for this population and exploring Medi-Cal billing
options to support clients in hospitals and other care facilities pending a more permanent
housing placement.
105. SUPPORT simplification of IHSS service hour calculation and allocation to insure
compliance with the Fair Labor Standards Act (FLSA) and efficiently provide services to
consumers.
106. SUPPORT solutions that allow access for Adult Protective Services to access financial
records for investigation of financial abuse and exploitation. Financial abuse is a fast-
growing form of abuse of seniors and adults with disabilities and current law does not
authorize financial institutions to grant access to financial records necessary to
investigate the reported abuse without the consent of the account holder or authorized
representative.
107. SUPPORT legislation that authorizes juvenile courts to deny reunification services to a
parent who has knowingly engaged in or consented to the sexual exploitation of the child.
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108. SUPPORT efforts to extend family stabilization mental health/substance abuse funding to
include all family members. Current law only funds services for adult Welfare to Work
participants.
109. SUPPORT revision of CalWORKs Program regulations to eliminate the Welfare to Work
24 Month Time Clock in order to provide clients with a full 48 months to participate in
Welfare to Work activities.
110. SUPPORT solutions to address gaps in existing state statute that cause disruptions to
continuity of care for some Covered California Insurance Affordability Program (IAP)
enrollees when a new determination of IAP takes place.
111. SUPPORT the use of state funds to pay for CalFresh benefits for those Deferred Action
for Childhood Arrivals (DACAs) who would otherwise be eligible for CalFresh.
112. SUPPORT efforts to extend eligibility to zero share of cost Medi-Cal when recipients
report new earned income. Potential increases to state and local minimum wage impacts
eligibility to free health care.
113. SUPPORT efforts to increase CalFresh participation by eliminating Gross Income Test
for all applicants, exempting Veteran’s Benefits from any income test, increasing shelter
deduction to average rate based on County of Residence (varied across State), and
eliminating countable resources and/or expanding Modified Categorically Eligible
regulations to all households.
114. SUPPORT efforts to simplify the CalFresh application process through the creation of a
statewide telephonic and electronic signature system to reduce denials and
discontinuances due to failure to provide.
115. SUPPORT efforts to extend eligibility of CalWORKs benefit by exempting the first 6
months of earned income received from new employment or wage increases. Intended to
create better financial stability when a family’s income increases due to changes in local
and state minimum wage law.
116. SUPPORT fully funding Medi-Cal Administrative costs.
117. SUPPORT increased funding for Foster Parent Recruitment and Retention.
118. SUPPORT expanding CalWORKs Homeless Services Program.
119. SUPPORT eliminating the Maximum Family Grant (MFG) Rule. MFG prevents from
families from receiving benefits for children conceived and born while receiving
CalWORKs benefits.
120. SUPPORT funding for statewide Adult Protective Services training.
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84.121. 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.
Legislative changes to support these initiatives could include the following:
a. Supportive Services. Extending the length of time CalWORKS recipients can
receive supportive service such as help with transportation, child care, work
uniforms, etc.
b. Welfare to Work. Extending the length of time families can receive Welfare to
Work services (job training and search and other employment related services)
including job retention services. Currently CalWORKS recipients are eligible to
receive supportive services and Welfare to Work services for up to 48 months if
they are in compliance with CalWORKS rules. After 48 months these services or
for CalWORKS cash aid. Helping people move from poverty and significant
education gaps to full time employment in jobs that pay a high enough wage to be
self-sufficient is difficult. It can take longer than 48 months and allowing for the
flexibility to extend supportive services and training past the 48 month time limit
would help.
c. Diversion: Removing the criteria that someone has to be apparently eligible to
CalWORKs in order to qualify for diversion and base the criteria on the client’s
circumstance and ability to maintain the situation on their own without the need
of continued assistance.
• When applying income and resource requirements for diversion, use only
half of their income and/or resource value or increase the limits for income
and resources for diversion only.
• Increasing the amount of the diversion payment. If the applicant doesn’t
“use” all of the amount, they have 12 months to come back into the office
and apply for the remaining amount of their diversion payments
• Allowing families to reapply for CalWORKs during their diversion period
without a repayment penalty or CalWORKs ineligibility.
d. Expanding job retention services;
d.
e. Exempting the hard-to-serve from Welfare- to- Work activities and the 20%
exemption or providing flexibility in the time limit (dependent upon terms and
conditions of TANF authorization). Developing an eligibility definition to 250%
of the federal poverty level (FPL).Currently, the CalWORKs poverty level is
130% of the FPL for each Assistance Unit (AU). An increase to 250% would
ensure more families meet income eligibility requirements.
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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.
85.122. 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.
86.123. 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.
87.124. 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.
88. 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.
89. SUPPORT efforts to allow the CalFresh redetermination process to be done by mail
without interview and permit the mail in process for CalFresh aged and/or disabled
households. This would increase the efficiency of CalFresh redetermination and help
people who are receiving the benefit who would have difficulty coming into a benefits
office.
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
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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.
93.125. 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.
94.126.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 if verified that this is an increase by fiscal analysts
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). Budgets in these programs have been flat or cut and
an increase would greatly help low-income people find work and stay in jobs.
95.127.SUPPORT efforts to increase the number of subsidized child care slots to address the
shortage of over 20,000 slots serving children 0-12 years of age in Contra Costa County;
and SUPPORT efforts to enhance the quality of early learning programs and maintain
local Quality Rating and Improvement Systems (QRIS) for early learning providers.
Affordable child care is key to low-income workers remaining employed and there is a
significant dearth of subsidized child care slots. Increasing quality of early learning is
important to developing skills in the next generation.
96.128.SUPPORT the restoration of funding for Facility Restoration and Repair (FRR) grants by
California Department of Education. Increasing the funding amounts for facility
restoration of early childhood education would allow for improved facilities at Head
Start sites.
97.129.SUPPORT continued and improved funding for substance abuse treatment and mental
health services including those that provide alternatives to incarceration and Laura’s Law.
98.130.SUPPORT alignment of verification requirements for CalWORKS, CalFRESH and
Medi-Cal programs to simplify the customer experience and reduce the potential for
error. Consider letting all programs access the Federal Hub used through CalHEERs.
Currently these programs have different requirements for client verification, though they
are all benefit programs. Alignment of verifications would make program administration
more efficient and improve the client experience.
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99.131.SUPPORT legislation to expand early child care and education and increase funding for
preschool and early learning.
100. SUPPORT ending the student restrictions that disallow CalFresh for poor students.
Students should not be penalized for getting an education.
101.132. SUPPORT allowing all individuals in receipt of Unemployment Benefits UIB) to
be automatically eligible for CalFresh. Applying for UI and CalFresh is duplicative
because requirements of both program sis so similar. This would increase CalFresh
uptake in an efficient way.
102. SUPPORT a State Earned Income Tax Credit. Developing a state earned income tax
credit would incentivize work and reduce poverty. The Federal EITC program is the most
effective government antipoverty program and 22 other states have a state EITC.
103.133. SUPPORT establishing a State funded and administered General Assistance
Program.
The General Assistance Program is 100% County funded. Moving it to the State would
relieve pressure on the County budget and appropriately direct costs to the State.
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.
104.134. SUPPORT efforts to ensure that counties who have existing or proposed Class II
Indian gaming facilities receive the Special Distribution Funds.
105.135. 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.
106.136. 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.
107.137. SUPPORT State authority to tighten up the definition of a Class II machine.
Comment [VT8]: Per Susan Jeong, EHSD
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Contra Costa County 25
108.138. 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
109.139. 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.
110.140. 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.
111.141. 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.
112.142. 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.
113.143. 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.
114.144. OPPOSE efforts to limit the County’s ability to exercise local land use authority.
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115.145. 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.
116.146. 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 24 million to
the East Contra Costa County NCCP from the $90 million allocation for NCCPs in
Proposition 84. Support the inclusion of NCCPs for funding in allocations from
Proposition 1. 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 as well as an
appropriate tool for spending CAP and Trade revenues. 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 from
unnecessary regulatory oversight such as the Delta Plan Covered Actions process
administered by the Delta Stewardship Council.
117.147. 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.
118.148. OPPOSE legislation that would create substantial uncertainty over the tax
allocation bonds issued by redevelopment agencies and possible negative credit impact.
119.149. 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.
120.150. 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.
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121.151. 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.
122.152. OPPOSE CEQA reform efforts that reduce environmental protections for projects
that cross county or city boundaries.
123.153. SUPPORT efforts to improve or streamline CEQA for efficiency without losing
sight of its ultimate goal to thoroughly identify environmental impacts and mitigations.
124.154. OPPOSE efforts to change CEQA solely to accommodate one particular
infrastructure project or set of projects.
155. 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
counties, and 2) eliminate the current project cost threshold of $2.5 million required for
the use of the design-build method.
125.156. ADVOCATE for State legislation prohibiting the sale of “AlcoPop” products by
businesses that sell alcoholic beverages. It has come to the attention of the Board of
Supervisors that a type of alcoholic beverage product known as “AalcoPpops” has been
identified as a contributor to under-age drinking. The Board, through recommendations
from the Public Protection Committee, has adopted amendments to the Alcoholic
Beverage Sales Commercial Activities Zoning Ordinance that authorizes the County to
prohibit the sale of alcopops at any establishment not in compliance with the
performance standards. Along with the code changes, various implementation strategies
were also approved in order to better coordinate efforts between County Departments
and agencies for streamlined implementation and enforcement of the Ordinance.
Law and Justice System Issues
126.157. 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.
127.158. 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.
Comment [VT11]: Per Ryan Hernandez, DCD
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128.159. OPPOSE legislative proposals to realign additional program responsibility to
counties without adequate funding and protections.
129.160. OPPOSE legislation that would shift the responsibility of parolees from the state
to the counties without adequate notification, documentation and funding.
130.161. 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.
131.162. 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.
132.163. ADVOCATE for State legislation banning the sale of alcopop products by
businesses that sell alcoholic beverages. The California Department of Alcoholic
Beverage Control is responsible for regulating the type of alcohol products that a
business may sell. A type of flavored malt alcoholic beverage product known as
“alcopops” has been identified as a contributor to under-age drinking in the County. The
term alcopops usually refers to sweetened malt or alcoholic beverages that are typically
sold in single-serving bottles or cans.
Levee Issues
133.164. 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.
134.165. 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.
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135.166. 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
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.
136.167. 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.
137.168. 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.
138.169. 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
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Draft 2016 Platform November 110, 2015 30
from CEQA also should be exempt from the Delta Stewardship Council’s “covered
actions” process.
Library Issues
139.170. 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.
140.171. 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.
141.172. 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
142.173. 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.
143.174. 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
144.175. SUPPORT increased flexibility in the use of transportation funds.
145.176. 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 TriLink (State Route 239),
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improvements to Vasco Road, completion of remaining segments of the Bay Trail,
improvements to the Delta DeAnza Regional Trail, and the proposed California Delta
Trail. There may be interest in seeking enhanced local input requirements for developing
the Sustainable Communities Strategy for the Bay Area mandated by SB 375 for
greenhouse gas reduction. It is important that the regional coordination efforts are
based on input gathered from the local level, to ensure the regional approach does not
negatively impact local communities. “Top-down” regional planning efforts would be
inconsistent with this goal.
146.177. 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.
147.178. 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.
148.179. 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.
149.180. 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.
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150.181. 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
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.”
151.182. 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.
152.183. 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).
184. SUPPORT legislative and administrative measures to enhance rail safety, increase state
oversight of railroad bridges, provide funding for the training of first responders, and
implement regulations that increase tank car safety standards for cars transporting crude
oil and other hazardous materials, and regulations that require railroads to share data with
state emergency managers and local responders.
185. SUPPORT funding increases for active transportation projects including funding for
enhancements and expansion of separated trails (Class I, cycle track) including corridor
planning, trail access improvements, trail expansion/enhancements, overcrossings,
intersection improvements, Class I trail inter-connectivity projects, and
wayfinding/signage projects.
153.
Veterans Issues
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154.186. 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.
155.187. 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
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.
156.188. 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
157.189. SUPPORT legislation that establishes producer responsibility for management at
the end of their useful life of products, including pharmaceuticals, batteries, sharps and
veterinary medicine.
158.190. SUPPORT efforts to increase the development of markets for recycled materials.
159.191. SUPPORT legislative and regulatory efforts to allow third parties, under specific
circumstances and conditions, to collect and transport household hazardous waste to
collection facilities.
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160.192. 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.
161.193. SUPPORT legislation that does not require increased diversion from landfills
without out an adequate funding mechanism.
162.194. 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.
163.195. SUPPORT legislation that relieves counties with privately-operated landfills from
the state requirement for maintaining a 15-year supply of disposal capacity for waste
generated within each county. In 1989, Contra Costa County amended its general plan
to accommodate construction of Keller Canyon Landfill. Due to the difficulty in siting
landfills and the requirements of Public Resources Code 47100 – Countywide Siting
Element, the County maintained authority to control the amount of waste disposed at this
facility from outside the county. Despite Contra Costa County’s opposition, AB 845
became law on January 1, 2013 and prohibits any jurisdiction from regulating the
amount of waste disposed at a privately-operated landfill based on its place of origin.
Because local jurisdictions can no longer control importation of waste to privately-
operated landfills, a host County that receives a significant amount of waste from outside
the county will have a greater need to undertake the difficult task of identifying new
disposal capacity pursuant to the Countywide Siting Element requirement. Since the
state believes there is no need for local jurisdictions to regulate disposal of solid waste
by place of origin, the state should remove existing statutes that require each County with
privately-operated landfills to identify sufficient disposal capacity for the waste
generated by the jurisdictions within that County.
164.196. 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.
165.197. 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.
166.198. SUPPORT legislative and regulatory efforts that correct the imbalance between
the County’s regulatory authority to control the collection and disposal of solid waste
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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.
Workforce Development
199. SUPPORT legislative and regulatory efforts that make the necessary changes to existing
law for the implementation of the federal Workforce Innovation and Opportunity Act
(WIOA) in California. An implementation bill (currently SB 45) will be before the State
Legislature in 2016. The County supports legislation that would include provisions that
state that the Local Plan developed by local workforce boards should be the basis of all
workforce planning in the local areas and all workforce-related state grants.
Additionally, the County supports provisions that ensure that staffing costs and support
services should be included in the training expenditure requirement. Finally, the County
supports provisions that require all programs listed in the Workforce Innovation &
Opportunity Act (WIOA) work together to ensure that data is collected and reported
across all programs, utilizing the state’s base-wage file system to ease local reporting
burdens.
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Attachment B
DRAFT 2016 STATE
LEGISLATIVE
PLATFORM
Contra Costa County
Draft November 11, 2015
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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
Delta Water Platform ................................................................................................................................ 9
Elections Issues ......................................................................................................................................... 9
Emergency Preparedness, Emergency Response .................................................................................... 10
Eminent Domain Issues .......................................................................................................................... 10
Flood Control and Clean Water Issues .................................................................................................... 11
General Revenues/Finance Issues ........................................................................................................... 12
Health Care Issues ................................................................................................................................... 14
Human Services Issues ............................................................................................................................ 17
Indian Gaming Issues .............................................................................................................................. 20
Land Use/Community Development Issues ............................................................................................ 21
Law and Justice System Issues ............................................................................................................... 23
Library Issues .......................................................................................................................................... 25
Telecommunications Issues .................................................................................................................... 26
Transportation Issues .............................................................................................................................. 26
Veterans Issues ........................................................................................................................................ 28
Waste Management ................................................................................................................................. 29
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Draft 2016 Platform November 11, 2015 2
2016 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
Pursue legislation to clarify that the disability retirement provisions applicable to Tier III
members of the Contra Costa County Retirement Association (CCCERA) also apply to County
and dependent special district non-safety employees who become New Members, as defined in
Public Employees’ Pension Reform Act (PEPRA), of 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 2016, 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. While the Governor's Budget identifies cost pressures
and budget risks in health and human services programs, 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. (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
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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.
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
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 while
opposing legislation which would reduce Medi-Cal eligibility. In addition, the County will
continue to work to reduce uncompensated health care costs and on the adequacy of rates under
the new health care system.
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 and
2012 ballots but successfully passed on the 2014 state ballot, as Proposition 1.
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.
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Particular areas of concern for 2016 include, but are not limited to: (1) the ongoing development
of the BDCP project, now known as the California WaterFix (CWF) and whether the state water
bond appropriates funds specific to the BDCP/CWF; (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.
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, constitutional protections, county
participation and approval. 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, 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.
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. Finally,
the County also supports more funding for mental health and behavioral health programs and
facilities in order to meet the requirements of Realignment and the goal of reducing recidivism.
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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, and support revisions to State school siting policies, 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.
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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.
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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.
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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.).
Delta Water Platform
To protect the Sacramento-San Joaquin Delta from various detrimental forces that are
affecting its health and resources, it is the policy of Contra Costa County to support
implementation of projects and actions that will help improve the Delta ecosystem and
the economic conditions of the Delta. Contra Costa County has developed a Delta Water
Platform to identify and promote activities and policy positions that support the creation
of a healthy Sacramento-San Joaquin Delta. Contra Costa County will use this Platform
to guide its own actions and advocacy in other public venues regarding the future of the
Delta.
The Delta Water Platform is comprised of twenty subject areas. Each of these subject
categories contains relevant policies and background explanatory language. The policies
and background information can be found in the Delta Water Platform, which is included
in this document by reference.
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
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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.
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.
28. SUPPORT legislation that expands school safety improvement programs such as
education regarding and placement of automated external defibrillator(s) (AED(s)) in
schools.
Eminent Domain Issues
29. SUPPORT legislation that maintains the distinction in the California Constitution
between Section 19, Article I, which establishes the law for eminent domain, and Section
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7, Article XI, which establishes the law for legislative and administrative action to protect
the public health, safety, and welfare.
30. 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
31. 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.
32. 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.
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.
33. 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.
34. 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.
35. 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.
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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.
36. 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.
37. 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.)
38. OPPOSE efforts to limit local authority over transient occupancy taxes (TOT).
39. 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.
40. 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.
41. 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.
42. 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.
43. SUPPORT efforts to relieve California of the federal Child Support penalties without
shifting the cost of the penalties to the counties.
44. 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.
45. 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
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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.
46. 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.
47. 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.
48. SUPPORT state actions that maximize Federal and State revenues for county-run
services and programs.
49. SUPPORT legislative compliance with both the intent and language of Proposition 1A.
50. 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.
51. SUPPORT full State funding of all statewide special elections, including recall elections.
52. 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.
53. 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.
54. 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.
55. 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
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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.
56. SUPPORT legislation that provides constitutional protections and guaranteed funding to
counties under Realignment.
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.
57. 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.
58. SUPPORT Medi-Cal reimbursement rate increases to incentivize providers to participate
in the program.
59. 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).
60. 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.
61. 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
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must be fully understood and accounted for in order to protect, and enhance as
appropriate, funding for these related services.
62. OPPOSE safety net funding transfers until an analysis of who would remain uninsured
(e.g. medically indigent adults, including citizens, who cannot document citizenship
under current Medicaid eligibility rules) is completed in order to adequately fund services
for these populations.
63. SUPPORT efforts to clearly define and adequately fund remaining county
responsibilities.
64. 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.
65. SUPPORT efforts to provide adequate financing for health care reforms to succeed.
66. SUPPORT measures that maximize federal reimbursement from Medicaid and S-CHIP.
67. 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.
68. 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.
69. SUPPORT state action to implement a 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.
70. SUPPORT efforts to increase revenues and to contain mandated costs in the County's
hospital and clinics system.
71. SUPPORT efforts to obtain a fair-share of any state funds in a distribution of funding for
the integration of IHSS and managed care.
72. SUPPORT efforts to increase the availability of health care (including alcohol and other
drugs recovery) to the uninsured in California, whether employed or not.
73. 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.
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74. 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.
75. 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.
76. 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.
77. SUPPORT efforts to give incentives to providers to establish more youth-driven
treatment facilities within the community.
78. 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.
79. 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.
80. SUPPORT and encourage the development of strategies that include alcohol and other
drugs services in the provision of all culturally appropriate health care services.
81. 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.
82. 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; preventing the use of tobacco, electronic smoking devices (e-
cigarettes) and flavored tobacco by youth and young adults; eliminating exposure to
second-hand and third-hand smoke; restrictions on advertising of electronic smoking
devices; reducing and eliminating disparities related to tobacco use and its effects among
specific populations; increasing the minimum age to 21 to purchase tobacco products;
and the promotion of quitting among young people and adults.
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83. SUPPORT and encourage state, federal and/or private funding for pharmaceutical
research for the development of new cannabis products which would meet Federal Drug
Administration (FDA) standards of known strengths and attributes (and without
unnecessary side effects) which would be dispensable through pharmacies and medical
facilities consistent with State and Federal law.
84. SUPPORT funding and policy changes to support population-based chronic disease
prevention efforts. Collectively, these include efforts to move up-stream from the
treatment of illness associated with chronic disease to advance a policy, systems and
organizational change approach to address the underlying environmental factors and
conditions that influence health and health behaviors.
85. SUPPORT efforts that would advance a Health-In-All-Policies approach to policy work
done across the County. This implies consideration of how health is influenced by the
built environment and a connection with land use planning and development.
86. SUPPORT ongoing study of the health impact of global and regional climate change and
ongoing countywide mitigation efforts.
87. SUPPORT efforts that would preserve the nature and quality of safety net services
historically provided at the local level, such as the California Children’s Services (CCS)
and Child Health and Disability Prevention (CHDP) programs, which are being
transitioned into managed care at the state level.
88. SUPPORT maintaining level or enhanced funding, streamlined processes and greater
flexibility for Public Health Emergency Preparedness initiatives including Pandemic
Influenza, and continued funding for all categories related to Public Health Preparedness,
including Hospital Preparedness Program, Cities Readiness Initiative and core Public
Health Preparedness.
89. SUPPORT increased state funding and policy changes for Tuberculosis (TB) prevention
and treatment, to reflect the growing number of cases being treated in Santa Clara
County. Santa Clara County has more TB cases than 35 States.
90. SUPPORT increased funding for the public health infrastructure and prevention services
as outlined in the public health components of the Affordable Care Act and the National
Prevention and Public Health Fund.
91. SUPPORT recognition of Local Public Health Departments as an authorized provider for
reimbursement related to the provision of Immunization, Family Planning, HIV, STD and
TB.
92. SUPPORT the reversal of the pre-emption language regarding local Menu-Labeling that
is included the Affordable Care Act.
93. SUPPORT enhanced funding for public health programs, specifically:
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a. Prevention programs in the areas of chronic disease, specifically oral health, obesity,
diabetes, cancer, teen pregnancy and injury prevention as well as health promotion
programs, such as nutrition and activity education;
b. Protecting the Prevention and Public Health Fund (PPHF), as established in the
Affordable Care Act.
c. Increased resources dedicated to surveillance and prevention programs targeting
chronic diseases such as cardiovascular, stroke, cancer, diabetes, and asthma, as well
as injury and violence;
d. Combating infectious diseases, such as Hepatitis B, Hepatitis C, Chlamydia, and
Influenza and providing screening, diagnosis, and treatment;
e. Provide for adequate State funding for children’s programs, including the California
Children’s Services (CCS) program for clients who are not Medi-Cal eligible to
assure that counties are not overmatched in their financial participation; and
f. Programs which seek to limit the effects of injury, violence and abuse on children and
adults.
94. SUPPORT efforts to strengthen needle exchange programs as part of an overall program
to combat the spread of HIV and other diseases; allowing items associated with needle
exchange programs, such as, cookers, sterile water, and cotton to be distributed along
with clean needles; and the elimination of the federal ban on funding needle exchange
programs.
95. SUPPORT legislative efforts to reduce or eliminate lead and toxic substances in
consumer products, particularly those used by infants and children.
96. SUPPORT legislative efforts to reduce exposure to toxic air pollutants and the reduction
of C02 emissions.
97. SUPPORT funding, policy and programs dedicated to suicide and violence prevention.
98. SUPPORT funding, policy and programs aimed at reducing the misuse of prescription
drugs, most especially opioids. Additionally, support restrictions on the sale and use of
Powered alcohol.
99. SUPPORT necessary County infrastructure and adequate funding related to the support
and enforcement functions of newly passed State Medical Marijuana regulatory controls.
100. SUPPORT legislation such as AB 1357 and/or similar policy efforts to tax certain
beverages that contain added sugars, by establishing a per fluid ounce health impact fee
on sugar sweetened beverages at the distributor level. In addition, support SB 203, a two
year bill, or similar efforts which would create the Sugar Sweetened Beverage Safety
warning act, which would require a safety warning on all sealed sugar sweetened
beverages.
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101. SUPPORT legislation such as AB 292 and/or similar efforts that support healthy meals
and adequate meal time for school-age children. The bill would require school districts,
in addition to providing a nutritionally adequate free or reduced-price meal for each
needy pupil each school day, to ensure that each of the schools in their respective
jurisdictions makes available to its pupils adequate time to eat after being served lunch.
The bill would declare that the State Department of Education specifies that an adequate
time to eat school lunch is 20 minutes after being served. The bill would require a school
that determines, upon annual review of its bell schedule, that it is currently not providing
pupils with adequate time to eat, to identify and develop a plan to implement, in
consultation with the school district, ways to increase pupils’ time to eat lunch.
102. SUPPORT efforts to dedicate funding that sustains and expands non-infrastructure Safe
Routes to School programs that educate students, parents, and school staff about safe
walking and bicycling to school.
Human Services Issues
103. SUPPORT efforts to promote safety of Adult Protective Services workers conducting
required unannounced home visits by allowing them to request and receive from law
enforcement criminal record checks through the California Law Enforcement
Telecommunications System (CLETS). This would primarily be used for reported
abusers in the household.
104. SUPPORT efforts to develop emergency/and or temporary shelter options for Adult
Protective Services population and consider options that include but are not limited to,
licensing of facilities specifically for this population and exploring Medi-Cal billing
options to support clients in hospitals and other care facilities pending a more permanent
housing placement.
105. SUPPORT simplification of IHSS service hour calculation and allocation to insure
compliance with the Fair Labor Standards Act (FLSA) and efficiently provide services to
consumers.
106. SUPPORT solutions that allow access for Adult Protective Services to access financial
records for investigation of financial abuse and exploitation. Financial abuse is a fast-
growing form of abuse of seniors and adults with disabilities and current law does not
authorize financial institutions to grant access to financial records necessary to
investigate the reported abuse without the consent of the account holder or authorized
representative.
107. SUPPORT legislation that authorizes juvenile courts to deny reunification services to a
parent who has knowingly engaged in or consented to the sexual exploitation of the child.
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108. SUPPORT efforts to extend family stabilization mental health/substance abuse funding to
include all family members. Current law only funds services for adult Welfare to Work
participants.
109. SUPPORT revision of CalWORKs Program regulations to eliminate the Welfare to Work
24 Month Time Clock in order to provide clients with a full 48 months to participate in
Welfare to Work activities.
110. SUPPORT solutions to address gaps in existing state statute that cause disruptions to
continuity of care for some Covered California Insurance Affordability Program (IAP)
enrollees when a new determination of IAP takes place.
111. SUPPORT the use of state funds to pay for CalFresh benefits for those Deferred Action
for Childhood Arrivals (DACAs) who would otherwise be eligible for CalFresh.
112. SUPPORT efforts to extend eligibility to zero share of cost Medi-Cal when recipients
report new earned income. Potential increases to state and local minimum wage impacts
eligibility to free health care.
113. SUPPORT efforts to increase CalFresh participation by eliminating Gross Income Test
for all applicants, exempting Veteran’s Benefits from any income test, increasing shelter
deduction to average rate based on County of Residence (varied across State), and
eliminating countable resources and/or expanding Modified Categorically Eligible
regulations to all households.
114. SUPPORT efforts to simplify the CalFresh application process through the creation of a
statewide telephonic and electronic signature system to reduce denials and
discontinuances due to failure to provide.
115. SUPPORT efforts to extend eligibility of CalWORKs benefit by exempting the first 6
months of earned income received from new employment or wage increases. Intended to
create better financial stability when a family’s income increases due to changes in local
and state minimum wage law.
116. SUPPORT fully funding Medi-Cal Administrative costs.
117. SUPPORT increased funding for Foster Parent Recruitment and Retention.
118. SUPPORT expanding CalWORKs Homeless Services Program.
119. SUPPORT eliminating the Maximum Family Grant (MFG) Rule. MFG prevents from
families from receiving benefits for children conceived and born while receiving
CalWORKs benefits.
120. SUPPORT funding for statewide Adult Protective Services training.
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121. 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.
Legislative changes to support these initiatives could include the following:
a. Supportive Services. Extending the length of time CalWORKS recipients can
receive supportive service such as help with transportation, child care, work
uniforms, etc.
b. Welfare to Work. Extending the length of time families can receive Welfare to
Work services (job training and search and other employment related services)
including job retention services. Currently CalWORKS recipients are eligible to
receive supportive services and Welfare to Work services for up to 48 months if
they are in compliance with CalWORKS rules. After 48 months these services or
for CalWORKS cash aid. Helping people move from poverty and significant
education gaps to full time employment in jobs that pay a high enough wage to be
self-sufficient is difficult. It can take longer than 48 months and allowing for the
flexibility to extend supportive services and training past the 48 month time limit
would help.
c. Diversion: Removing the criteria that someone has to be apparently eligible to
CalWORKs in order to qualify for diversion and base the criteria on the client’s
circumstance and ability to maintain the situation on their own without the need
of continued assistance.
• When applying income and resource requirements for diversion, use only
half of their income and/or resource value or increase the limits for income
and resources for diversion only.
• Increasing the amount of the diversion payment. If the applicant doesn’t
“use” all of the amount, they have 12 months to come back into the office
and apply for the remaining amount of their diversion payments
• Allowing families to reapply for CalWORKs during their diversion period
without a repayment penalty or CalWORKs ineligibility.
d. Expanding job retention services;
e. Exempting the hard-to-serve from Welfare-to-Work activities and the 20%
exemption or providing flexibility in the time limit (dependent upon terms and
conditions of TANF authorization). Developing an eligibility definition to 250%
of the federal poverty level (FPL).Currently, the CalWORKs poverty level is
130% of the FPL for each Assistance Unit (AU). An increase to 250% would
ensure more families meet income eligibility requirements.
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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.
122. 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.
123. 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.
124. 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.
125. 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.
126. 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 if verified that this is an increase by fiscal analysts
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). Budgets in these programs have been flat or cut and
an increase would greatly help low-income people find work and stay in jobs.
127. SUPPORT efforts to increase the number of subsidized child care slots to address the
shortage of over 20,000 slots serving children 0-12 years of age in Contra Costa County;
and SUPPORT efforts to enhance the quality of early learning programs and maintain
local Quality Rating and Improvement Systems (QRIS) for early learning providers.
Affordable child care is key to low-income workers remaining employed and there is a
significant dearth of subsidized child care slots. Increasing quality of early learning is
important to developing skills in the next generation.
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128. SUPPORT the restoration of funding for Facility Restoration and Repair (FRR) grants by
California Department of Education. Increasing the funding amounts for facility
restoration of early childhood education would allow for improved facilities at Head
Start sites.
129. SUPPORT continued and improved funding for substance abuse treatment and mental
health services including those that provide alternatives to incarceration and Laura’s Law.
130. SUPPORT alignment of verification requirements for CalWORKS, CalFRESH and
Medi-Cal programs to simplify the customer experience and reduce the potential for
error. Consider letting all programs access the Federal Hub used through CalHEERs.
Currently these programs have different requirements for client verification, though they
are all benefit programs. Alignment of verifications would make program administration
more efficient and improve the client experience.
131. SUPPORT legislation to expand early child care and education and increase funding for
preschool and early learning.
132. SUPPORT allowing all individuals in receipt of Unemployment Benefits UIB) to be
automatically eligible for CalFresh. Applying for UI and CalFresh is duplicative because
requirements of both program sis so similar. This would increase CalFresh uptake in an
efficient way.
133. SUPPORT establishing a State funded and administered General Assistance Program.
The General Assistance Program is 100% County funded. Moving it to the State would
relieve pressure on the County budget and appropriately direct costs to the State.
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.
134. SUPPORT efforts to ensure that counties who have existing or proposed Class II Indian
gaming facilities receive the Special Distribution Funds.
135. 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.
136. 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
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significant community benefits above and beyond the costs associated with mitigating
community impacts.
137. SUPPORT State authority to tighten up the definition of a Class II machine.
138. 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
139. 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.
140. 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.
141. 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.
142. 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.
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143. 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.
144. OPPOSE efforts to limit the County’s ability to exercise local land use authority.
145. 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.
146. 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 $24 million to the East
Contra Costa County NCCP from the $90 million allocation for NCCPs in Proposition
84. Support the inclusion of NCCPs for funding in allocations from Proposition 1.
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, AB 32 as well as an
appropriate tool for spending CAP and Trade revenues. 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 from
unnecessary regulatory oversight such as the Delta Plan Covered Actions process
administered by the Delta Stewardship Council.
147. 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.
148. OPPOSE legislation that would create substantial uncertainty over the tax allocation
bonds issued by redevelopment agencies and possible negative credit impact.
149. 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.
150. 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
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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.
151. 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.
152. OPPOSE CEQA reform efforts that reduce environmental protections for projects that
cross county or city boundaries.
153. SUPPORT efforts to improve or streamline CEQA for efficiency without losing sight of
its ultimate goal to thoroughly identify environmental impacts and mitigations.
154. OPPOSE efforts to change CEQA solely to accommodate one particular infrastructure
project or set of projects.
155. 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
counties, and 2) eliminate the current project cost threshold of $2.5 million required for
the use of the design-build method.
156. ADVOCATE for State legislation prohibiting the sale of “AlcoPop” products by
businesses that sell alcoholic beverages. It has come to the attention of the Board of
Supervisors that a type of alcoholic beverage product known as “AlcoPops” has been
identified as a contributor to under-age drinking. The Board, through recommendations
from the Public Protection Committee, has adopted amendments to the Alcoholic
Beverage Sales Commercial Activities Zoning Ordinance that authorizes the County to
prohibit the sale of alcopops at any establishment not in compliance with the
performance standards. Along with the code changes, various implementation strategies
were also approved in order to better coordinate efforts between County Departments
and agencies for streamlined implementation and enforcement of the Ordinance.
Law and Justice System Issues
157. 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.
158. 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
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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.
159. OPPOSE legislative proposals to realign additional program responsibility to counties
without adequate funding and protections.
160. OPPOSE legislation that would shift the responsibility of parolees from the state to the
counties without adequate notification, documentation and funding.
161. 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.
162. 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.
163. ADVOCATE for State legislation banning the sale of alcopop products by businesses that
sell alcoholic beverages. The California Department of Alcoholic Beverage Control is
responsible for regulating the type of alcohol products that a business may sell. A type of
flavored malt alcoholic beverage product known as “alcopops” has been identified as a
contributor to under-age drinking in the County. The term alcopops usually refers to
sweetened malt or alcoholic beverages that are typically sold in single-serving bottles or
cans.
Levee Issues
164. 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.
165. 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
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may produce explanations from the state as to why these funds are not being distributed
or identify methods to streamline administration of these funds.
166. 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
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.
167. 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.
168. 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.
169. 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
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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.
Library Issues
170. 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.
171. 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.
172. 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
173. 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.
174. 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
175. SUPPORT increased flexibility in the use of transportation funds.
176. 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
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planning and development of important regional transportation projects that benefit the
state and local road system such as TriLink (State Route 239), improvements to Vasco
Road, completion of remaining segments of the Bay Trail, improvements to the Delta
DeAnza Regional Trail, and the proposed California Delta Trail. There may be interest
in seeking enhanced local input requirements for developing the Sustainable
Communities Strategy for the Bay Area mandated by SB 375 for greenhouse gas
reduction. It is important that the regional coordination efforts are based on input
gathered from the local level, to ensure the regional approach does not negatively impact
local communities. “Top-down” regional planning efforts would be inconsistent with
this goal.
177. 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.
178. 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.
179. 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.
180. 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
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action by a non-local entity that would ultimately dilute current Board of Supervisors
discretion relative to road design and land use.
181. 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
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.”
182. 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.
183. 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).
184. SUPPORT legislative and administrative measures to enhance rail safety, increase state
oversight of railroad bridges, provide funding for the training of first responders, and
implement regulations that increase tank car safety standards for cars transporting crude
oil and other hazardous materials, and regulations that require railroads to share data with
state emergency managers and local responders.
185. SUPPORT funding increases for active transportation projects including funding for
enhancements and expansion of separated trails (Class I, cycle track) including corridor
planning, trail access improvements, trail expansion/enhancements, overcrossings,
intersection improvements, Class I trail inter-connectivity projects, and
wayfinding/signage projects.
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Veterans Issues
186. 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.
187. 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
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.
188. 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
189. SUPPORT legislation that establishes producer responsibility for management at the end
of their useful life of products, including pharmaceuticals, batteries, sharps and veterinary
medicine.
190. SUPPORT efforts to increase the development of markets for recycled materials.
191. SUPPORT legislative and regulatory efforts to allow third parties, under specific
circumstances and conditions, to collect and transport household hazardous waste to
collection facilities.
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Draft 2016 Platform November 11, 2015 32
192. 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.
193. SUPPORT legislation that does not require increased diversion from landfills without an
adequate funding mechanism.
194. 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.
195. SUPPORT legislation that relieves counties with privately-operated landfills from the
state requirement for maintaining a 15-year supply of disposal capacity for waste
generated within each county. In 1989, Contra Costa County amended its general plan
to accommodate construction of Keller Canyon Landfill. Due to the difficulty in siting
landfills and the requirements of Public Resources Code 47100 – Countywide Siting
Element, the County maintained authority to control the amount of waste disposed at this
facility from outside the county. Despite Contra Costa County’s opposition, AB 845
became law on January 1, 2013 and prohibits any jurisdiction from regulating the
amount of waste disposed at a privately-operated landfill based on its place of origin.
Because local jurisdictions can no longer control importation of waste to privately-
operated landfills, a host County that receives a significant amount of waste from outside
the county will have a greater need to undertake the difficult task of identifying new
disposal capacity pursuant to the Countywide Siting Element requirement. Since the
state believes there is no need for local jurisdictions to regulate disposal of solid waste
by place of origin, the state should remove existing statutes that require each County with
privately-operated landfills to identify sufficient disposal capacity for the waste
generated by the jurisdictions within that County.
196. 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.
197. 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.
198. 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
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Contra Costa County 33
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.
Workforce Development
199. SUPPORT legislative and regulatory efforts that make the necessary changes to existing
law for the implementation of the federal Workforce Innovation and Opportunity Act
(WIOA) in California. An implementation bill (currently SB 45) will be before the State
Legislature in 2016. The County supports legislation that would include provisions that
state that the Local Plan developed by local workforce boards should be the basis of all
workforce planning in the local areas and all workforce-related state grants.
Additionally, the County supports provisions that ensure that staffing costs and support
services should be included in the training expenditure requirement. Finally, the County
supports provisions that require all programs listed in the Workforce Innovation &
Opportunity Act (WIOA) work together to ensure that data is collected and reported
across all programs, utilizing the state’s base-wage file system to ease local reporting
burdens.
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LEGISLATION COMMITTEE 6.
Meeting Date:11/16/2015
Subject:Draft 2016 Federal Legislative Platform
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2015-17
Referral Name: Draft 2016 Federal Legislative Platform
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
Each fall, the County Administrator’s Office initiates the development of the coming year’s
Federal Legislative Platform by inviting members of the Board of Supervisors, Department Heads
and key staff to provide recommended changes or additions to the current adopted Platform.
In October, departments were invited to provide suggested changes to the Federal Platform by
submitting input in writing.
The Legislation Committee typically reviews the Draft Platform in November and/or December
of each year, with the Proposed Platform recommended to the Board of Supervisors for adoption
in January.
Referral Update:
Federal Funding Needs
Due to the ban on federal earmarks that was implemented for FFY 2011, the County is skeptical
that appropriations for specific projects will be included in budget bills for FFY 2017. However,
our federal advocate, Paul Schlesinger of Alcalde & Fay, recommends that we identify specific
projects that helps tell our delegation what our federal needs are, helps us identify specific federal
programs for which we need to seek program increases or, at least, protect against cuts, and helps
the County look for federal grants to address the specified needs.
No new projects are recommended to be added to the list of federal funding needs.
REAUTHORIZATION OF FEDERAL TRANSPORTATION ACT
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Staff recommends the addition of one new project:
5. Iron Horse Corridor Enhancement Program -- $## million for joint planning, environmental review, and the
construction of improvements in the Iron Horse Trail Corridor, a 28 mile non-motorized facility used for commute
and recreation purposes providing access to schools, recreational facilities, commercial areas, residences, and
mass transit hubs. Eligible projects include corridor planning, trail access improvements, trail
expansion/enhancements, overcrossings (7 overcrossings in 5 cities), intersection improvements, Class I trail
inter-connectivity projects, and wayfinding/signage projects.
APPROPRIATIONS AND GRANTS SUPPORT positions
Staff recommends the deletion of one policy:
East Bay Regional Communication System (EBRCS) – A project to build the East Bay Regional
Communication System (EBRCS), a P25 Radio System infrastructure for Contra Costa and
Alameda County. This system will provide interoperable voice communication in both the 800
MHz and 700 MHz frequencies to all public safety and public services agencies within Contra
Costa County and Alameda County.
EBRCS will allow for interoperable voice communication within the region that can be integrated
with other P25 radio systems outside the geographical area of the EBRCS, for example, with San
Francisco. This project will provide Level 5 communications which is the highest level of
interoperable communications. This project will allow for everyday interoperable
communications, not just various levels of interoperability during big events or disasters in which
radio caches are deployed or gateway devices used.
Staff recommends the addition/revision of one policy:
Multimodal National Freight Network – In 2015 the primary freight network was established pursuant to MAP-21.
The County supports increases in dedicated freight funding as proposed in the National Freight Strategic Plan. The
County will pursue grants and appropriations for 1) the Northern Waterfront Initiative – specifically, funding for a
short-line railroad feasibility study for the Northern Waterfront Corridor and a Land-Use
Cost-Benefit/Fiscalization study for the Northern Waterfront; and 2) consistent with the Draft National Freight
Strategic Plan congestion reduction strategy, projects along the I-680 corridor including the High Occupancy
Vehicle Lane - Direct Access Ramp project.
2016 Federal Platform Policy Positions
Staff recommends the addition of one policy:
Workforce Development – Contra Costa County supports policies that meet the needs of serving businesses,
workers, job seekers, and youth. The County further supports policies under the Workforce Innovation &
Opportunity Act (WIOA) that preserve local decision-making relative to spending, direction of work, and other
functions of local workforce boards. The County also supports policies that increase employment and the creation
of jobs in both the public and private sector and that enhance business’ access to a qualified talent pool, and
promote business growth through the development of a skilled workforce. The County also favors policies that
provide increased funding to support job seeker services, as well as policies that make strategic investments to
leverage existing funding in the workforce development arena.
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Recommendation(s)/Next Step(s):
REVIEW the Draft 2016 Federal Legislative Platform (Attachment A, Draft 2016 Federal
Platform, clean copy ), provide direction to staff on any recommended changes, and
RECOMMEND action to the Board of Supervisors.
Attachments
Attachment A: Clean Copy Draft 2016 Federal Platform
Attachment B: Marked-up Draft 2016 Federal Platform
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Draft 2016 Federal Platform November 11, 2015
2016 DRAFT FEDERAL
LEGISLATIVE
PLATFORM
Contra Costa County
Attachment A--Federal Clean
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2
2016 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
Draft 2016 Federal Legislative Platform identifies 10 funding needs for FFY 2017 and 5 requests
for the reauthorization of the federal transportation act.
FEDERAL 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 – $4,500,000 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 FFY 2011-2013; $930,000 FFY
2014.)
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.)
Attachment A--Federal Clean
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Draft 2016 Federal Legislative Platform Contra Costa County
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3. Mt. Diablo Mercury Mine Clean-up – $483,000 for the Army Corps of Engineers to
complete the Technical Planning Process for the clean-up project at the source and downstream
area of the Mt. Diablo Mercury Mine. 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 area impacted by 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; $4.92M for FFY 2008; $4.844M for FFY
2010.)
6. Suisun Bay Channel/New York Slough Maintenance Dredging – $8,700,000 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 M appropriated for FFY 2005; $4.619M for FFY 2006; $2.82M for FFY 2007; $2.856M for FFY
2008; $2.768M for FFY 2009; $3.819M for FFY 2010; $2.715M for FFY 2012; $2.495M for FFY 2013;
$2.026M for FFY 2014.)
7. San Pablo/Mare Island Strait/Pinole Shoal Channel Maintenance Dredging – $8,400,000
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: $1M appropriated for FFY 2005; $2.988M for FFY 2006;
$896,000 for FFY 2007; $1.696M for FFY 2008; $1.058M for FFY 2009; $2.518M for FFY 2010;
$3.402M for FFY 2012; $499,000 for FFY 2013; $780,000 for FFY 2014.)
Attachment A--Federal Clean
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8. San Francisco to Stockton (J. F. Baldwin and Stockton Channels) Ship Channel
Deepening – $2,700,000 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. This work focused on establishing economic benefit to the
nation and initial salinity modeling in the channel sections. The following steps include detailed
channel design, environmental documentation, cost analysis, additional modeling, and dredged
material disposal options. This project continues to have enormous implications for oil refineries,
ports, and other industries that depend on safe ship transport through the channel. (Note:
$500,000 appropriated for FFY 2005; $200,000 for FFY 2006; $200,000 for FFY 2007; $403,000 for
FFY 2008; $1.34M for FFY 2009; $0 for FFY 2010; $0 for FFY 2011; $800,000 for FFY 2012;
$1,546,900 for FFY 2013; $800,000 for FFY 2014.)
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
Moving Ahead for Progress in the 21st Century (MAP-21) was signed into law on July 6, 2012 and reauthorized
until May 2015. Two short-term extensions were subsequently passed, providing authorization until November 20,
2015. 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
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Draft 2016 Federal Legislative Platform Contra Costa County
5
improvements will complement a $10 million completed project that was funded with American
Recovery and Reinvestment Act funds.
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 -- $11 million for joint planning, environmental review,
right-of-way acquisition and construction 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); (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); and Marsh Creek Corridor Multi-Use Path ($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)
5. Iron Horse Corridor Enhancement Program -- $## million for joint planning, environmental
review, and the construction of improvements in the Iron Horse Trail Corridor, a 28 mile non-
motorized facility used for commute and recreation purposes providing access to schools,
recreational facilities, commercial areas, residences, and mass transit hubs. Eligible projects
Attachment A--Federal Clean
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include corridor planning, trail access improvements, trail expansion/enhancements,
overcrossings (7 overcrossings in 5 cities), intersection improvements, Class I trail inter-
connectivity projects, and wayfinding/signage projects.
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
intersection modifications often go unfunded, leaving such roads with operational and safety
problems as well as insufficient capacity.
Transportation Funding for Disabled, Low-income, and Elderly Persons – Transit services for
elderly, disabled, and low-income persons are provided by the County, by some cities, by all of
the bus transit operators, and by many community organizations and non-profits that provide
social services. Increased funding is needed to provide and maintain more service vehicles,
operate them longer throughout the day, upgrade the vehicle fleet and dispatching systems,
improve coordination between public providers and community groups that also provide such
services to their clients, and expand outreach programs to inform potential riders of the available
services, among other needs. The County supports continuation and increased funding levels for
federal funding programs dedicated to transit services for these population groups. All of the
demographic trends point to a growing need for such services in the future. For example, the 65-
and-older population in the Bay Area is projected to more than double by the year 2030.
Surface Transportation Program/Highway Bridge Funding – The County supports the
continuation of funding levels consistent with the Highway Bridge funding program in
previous transportation funding bills that will provide funds for rehabilitating and replacing
our aging bridges. The County has several aging bridges with deficient sufficiency ratings.
Without federal transportation funding, these expensive projects would be deferred because
they often exceed the County’s funding capacity. Many of the bridges are on critical
commute corridors, goods movement corridors, inter-regional routes, and farm to market
routes. Failure of these important transportation assets can cause major disruptions to the
transportation network. The County would also support federal funding for the rehabilitation
and replacement of rail bridges.
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
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Draft 2016 Federal Legislative Platform Contra Costa County
7
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.
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.
Multimodal National Freight Network – In 2015 the primary freight network was established
pursuant to MAP-21. The County supports increases in dedicated freight funding as proposed in
the National Freight Strategic Plan. The County will pursue grants and appropriations for 1) the
Northern Waterfront Initiative – specifically, funding for a short-line railroad feasibility study for
the Northern Waterfront Corridor and a Land-Use Cost-Benefit/Fiscalization study for the
Attachment A--Federal Clean
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8
Northern Waterfront; and 2) consistent with the Draft National Freight Strategic Plan
congestion reduction strategy, projects along the I-680 corridor including the High Occupancy
Vehicle Lane - Direct Access Ramp project.
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 $37.5 million from the Cooperative Endangered Species
Conservation Fund in the past eight 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.
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.
2016 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.
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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. The Housing Trust Fund should be
used to compliment and not supplant either the HOME or CDBG programs.
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.
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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:
Increase funding to support employment of low-income families through greater access
to child care subsidies, and increase the access of children from eligible families to high-
quality care that supports positive child development outcomes.
Provide flexibility at the state and local levels so that quality care can be balanced with
access and parental choice.
Child Support –The County will advocate for the following federal actions:
Eliminate the $25 fee for non-IV-A families.
Restore the incentive match payments that were prohibited in the Deficit Reduction Act.
Allow the automatic use of cash medical support to reimburse Medicaid expenditures.
Allow IV-D agencies to access Health Insurance records for the purposes of Medical
Support.
Child Welfare and Well-being –The County will advocate for the following federal actions:
Provide states with financial incentives, as opposed to monetary penalties, under the
Child and Family Services Reviews and minimize the significant administrative burden
associated with the review process.
End Title IV-E disallowances from federal audits that take away funds from an already
resource-strapped child welfare system. Allow states to reinvest these funds in preventing
child abuse and neglect.
Increase prevention dollars to help maintain children safely in their own homes. Federal
funding currently gives disproportional support to out-of-home care rather than to
preventing children from coming into care.
Any increase in Federal Medical Assistance Percentage should include an associated
increase in the Title IV-E matching rate to help support children in foster care.
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Community Development Block Grant and HOME Programs – The County’s ability to
continue funding to a variety of nonprofit agencies that provide critical safety net services to
lower income residents, including financing the development of affordable housing is threatened
by further cuts as part of the Budget Control Act (Act) passed by Congress in July 2011. The Act
established mandatory spending caps on most federal programs through 2021, and arranged
additional across-the-board annual spending cuts to federal defense and non-defense
discretionary (NDD) programs over this same period.
Included in non-defense discretionary programs are critical local government oriented programs
including the CDBG and HOME programs. These programs are successful and productive,
leveraging significant funding from non-federal sources to help spur economic development. The
County agrees that reducing the federal deficit is an important component of achieving long-term
national economic stability, but targeting solely NDD programs like the CDBG and HOME
programs will not achieve significant reductions and will hinder the County’s ability to provide
critical services to its most vulnerable populations. The County will continue to oppose any
further reductions in the CDBG and HOME programs as part of the Budget Control Act or any
other means.
Cost Shifts to Local and State Government – Contra Costa County performs many of its
services and programs pursuant to federal direction and funding. Other services and programs
are performed at the behest of the state, which receives funding through the federal government.
In the past, the Administration’s budget has contained significant cuts to entitlement programs
and/or caps on entitlements. Such actions could shift cost of services from the federal
government to the state and/or local governments (and to the extent that costs would shift to the
state, it is highly likely that these would be passed on to the County). The County will oppose
any actions that would result in cost shifts on federal entitlement programs or which would result
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.
Delta Water Platform
To protect the Sacramento-San Joaquin Delta from various detrimental forces that are affecting
its health and resources, it is the policy of Contra Costa County to support implementation of
projects and actions that will help improve the Delta ecosystem and the economic conditions of
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the Delta. Contra Costa County has developed a Delta Water Platform to identify and promote
activities and policy positions that support the creation of a healthy Sacramento-San Joaquin
Delta. Contra Costa County will use this Platform to guide its own actions and advocacy in other
public venues regarding the future of the Delta.
The Delta Water Platform is comprised of twenty subject areas. Each of these subject categories
contains relevant policies and background explanatory language. The policies and background
information can be found in the Delta Water Platform, which is included in this document by
reference.
Designation of Indian Tribal Lands and Indian Gaming – The Board of Supervisors has
endorsed the California State Association of Counties’ (CSAC) policy documents regarding
development on tribal land and prerequisites to Indian gaming. These policy statements address
local government concerns for such issues as the federal government’s ability to take lands into
trust and thus remove them from local land use jurisdiction, absent the consent of the state and
the affected county; the need for tribes to be responsible for all off-reservation
impacts of their actions; and assurance that local government will be able to continue to meet
its governmental responsibilities for the health, safety, environment, infrastructure and general
welfare of all members of its communities. The County will continue to advocate for federal
legislation and regulation that supports the CSAC policy documents.
The County will also advocate for limitations on reservation shopping; tightening the definition
of Class II gaming machines; assuring protection of the environment and public health and
safety; and full mitigation of the off-reservation impacts of the trust land and its operations,
including the increased cost of services and lost revenues to the County.
The County will also advocate for greater transparency, accountability and appeal opportunities
for local government in the decision-making processes that permit the establishment of Indian
gaming facilities. This includes sequencing the processes so that the Indian Lands
Determination comes first, prior to initiation of a trust land request and associated environmental
review.
The County will also consider support for federal action and/or legislation that allows Class III
gaming at the existing gaming facility only if it can be shown that any change would result in a
facility that would be unique in nature and the facility can demonstrate significant community
benefits above and beyond the costs associated with mitigating community impacts.
Economic Development Programs – Congress should fund all the complementary programs
within HUD’s community and economic development toolkit, ensuring that HUD does not lose
sight of the development component of its mission. To that end, the County will support
continued funding for the Section 108 loan guarantee program, the Brownfields Economic
Development Initiative and the Rural Housing and Economic Development program. Each of
these programs plays a unique role in building stronger, more economically viable communities,
while enabling communities to leverage external financing in a way the CDBG program alone
cannot do.
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Federal “Statewideness” Requirements – For many federally funded programs, there is a
“statewideness” requirement; i.e., all counties must operate the specific program under the same
rules and regulations. This can hamper the County’s ability to meet local needs, to be cost
effective and to leverage the funding of one program to reduce costs in another program. Contra
Costa County cannot negotiate for federal waivers or do things differently because it is not a
state, yet its population is greater than seven states. Recognizing this is a very long-term effort,
the County will advocate for relaxation of the “statewideness” rule to allow individual counties
or a consortium of counties to receive direct waivers from the federal government and/or adopt
the rules and regulations currently in use in another state for specific programs.
Habitat Conservation Planning – The County will advocate for elevating the profile of Habitat
Conservation Plans (HCPs) such as the East Contra Costa County HCP within Congress and
Administration so that these critical federal/state/local partnerships can receive necessary
attention and support. HCPs are flagship programs for the federal government and supporting
effective implementation of approved HCPs should be a top priority for the U.S. Department of
the Interior and U.S. Fish and Wildlife Service and HCPs should be a key tool in any federal
climate change or economic stimulus legislation.
Health – The County will advocate for the following actions by the federal government: a)
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.); b) suspend the Medicare “clawback” rule; c) 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; d) ease the ability to cover
those eligible for Medicaid by making documentation requirements less stringent; and e) prevent
the implementation of the following seven federal regulations:
• Outpatient hospital
• Case Management
• School Based Administration & Transportation
• Public Provider Cost Limit
• Graduate Medical Education
• Rehabilitation Services Option
• Provider Tax
SUPPORT full funding of the Federal Medicaid program by the federal government. Medicaid
provides access to health care for people whose income and resources are insufficient to pay for
health care. It is jointly funded by Federal and State governments. The Patient Protection and
Affordable Care Act (also known as the ACA) significantly expanded both eligibility for and
federal funding of Medicaid. OPPOSE amendments to the ACA that would reduce support for
Medicaid/Medi-Cal payments to providers.
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.
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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:
Enact affordable housing industry proposal to allow public housing agencies (PHAs)
to voluntarily convert public housing units to Section 8 project-based rental assistance
in order to preserve this vital component of the national infrastructure
Oppose the Administration’s proposal to impose a $1 billion offset against the
operating reserves of responsible, entrepreneurial PHAs
Support the revitalization of severely distressed public housing units
Address safety and security concerns connected to drug-related crime
The County will support legislation to preserve vital community and economic development
programs:
Fully fund the Community Development Block Grant Program in order to create and
save jobs, revitalize local economies, and support critical services for vulnerable
populations
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Maintain funding for HUD’s cost-effective economic development tools
The County will support legislation to strengthen and simplify the Section 8 Rental Assistance
programs:
Provide adequate funding for Housing Assistance Payment contract renewals and
ongoing administrative fees
Enact the Section Eight Voucher Reform Act (SEVRA)
Implement overdue regulatory and administrative revisions that ensure the efficient
use of program funds
The County will support legislation to expand Affordable Housing Opportunities and combat
homelessness:
Fully fund the Home Investment Partnerships Program and HUD’s homeless
assistance programs
Capitalize the Housing Trust Fund through a revenue-neutral approach
Preserve and strengthen the Low Income Housing Tax Credit Program
The County will support legislation to foster innovation, increase efficiency, and streamline the
regulatory environment:
Promote reasonable and flexible federal oversight
Incentivize green building and increased Energy Efficiency
Support HUD’s ongoing transformation efforts
Ensure that HUD releases and distributes federal funding in a timely manner
Eliminate statutory and regulatory barriers that prevent PHAs and redevelopment
authorities from accessing federal programs they are qualified to administer.
Rail Safety – Contra Costa County is home to a substantial oil refinery industry with four
refineries located in the County. The County supports Senator Heitkamp’s Railroad Emergency
Services Preparedness, Operational Needs, and Safety Evaluation (RESPONSE) Act, S. 2547,
which would establish a Federal Emergency Management Agency (FEMA) panel focused on
railroad incident first responders. By bringing together under FEMA’s National Advisory
Council all relevant agencies, emergency responders, technical experts, and the private sector for
a review of training, resources, best practices, and unmet needs related to emergency responders
to railroad hazmat incidents, the RESPONSE Act will begin the process of addressing
shortcomings in existing emergency response practices and procedures. It will also address the
effectiveness of funding levels related to training local emergency responders for rail hazardous
materials incidents.
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The County also supports FEMA funding for the training of first responders, regulations that
increase tank car safety standards for cars transporting crude oil and other hazardous materials,
and regulations that require railroads to share data with state emergency managers and local
responders.
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.
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.
SparkPoint, Service Integration – The County will support federal funding for the establishment
and operation of SparkPoint and Service Integration models. SparkPoint Centers are one-stop,
financial-education centers that help individuals and families who are struggling to make ends
meet. SparkPoint helps clients address immediate financial crises, get them back on their feet,
and build financial security. Each center brings together a full range of services at one
convenient location, including job training, career development and financial coaching, as well
as access to higher education and savings accounts. The Contra Costa County Service Integration
Program co-locates county and non-profit agency service providers and community residents in
neighborhood-based family service centers to provide accessible, coordinated public services
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tailored to meet the specific needs and goals of low-income families, while also engaging
families in resident-driven efforts to revitalize their communities.
Supplemental Nutrition Assistance Program (SNAP) – The County will advocate for the
following federal actions:
Increase SNAP benefits as a major and immediately available element of economic
stimulus.
Suspend the restrictions applying to ABAWDs. ("ABAWDs" stands for "Able-Bodied
Adults without Dependents" and pertains to adults receiving food stamps who are
considered employable.) They are subject to strict time limits on how long they can
receive food stamps. It is difficult administratively to track this, and when unemployment
is high, it can result in more adults going hungry.
Remove the current federal barriers that prevent some nutrition programs from
employing EBT technology.
Streamlining Permitting for Critical Infrastructure, Economic Stimulus, and Alternative
Energy Projects –“Green” Job Creation – Request that Congress and the Administration
recognize the value of Habitat Conversation Plans (HCPs) as a reliable way of streamlining
critical infrastructure, economic stimulus, and alternative energy project permitting in a manner
that is consistent with federal 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
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Rules for Incumbents”) that, in the opinion of local government, goes beyond the scope of their
authority in this area. The County will oppose all such rule making efforts.
Telecommunications Issues – Support the Community Access Preservation (CAP) Act
introduced in 2009 by Wisconsin Congresswoman Tammy Baldwin. The CAP Act addresses the
challenges faced by public, educational and government (PEG) TV channels and community
access television stations. The CAP Act addresses four immediate issues facing PEG channels.
The CAP Act would: Allow PEG fees to be used for any PEG-related purpose; require PEG
channels to be carried in the same manner as local broadcast channels; require the FCC to study
the effect state video franchise laws have had on PEG; require operators in states that adopted
statewide franchising to provide support equal to the greater of the support required under the
state law or the support historically provided for PEG; and make cable television-related laws
and regulations applicable to all landline video providers.
In addition, the County should support the widespread deployment and adoption of broadband,
especially as it serves to connect the educational community and libraries.
Temporary Assistance for Needy Families – The County will advocate for the following federal
actions:
Relieve states of work participation rate and work verification plan penalties for fiscal
years 2007, 2008, 2009 and 2010 in recognition of the serious downturn in the national
economy and the succession of more “process-based” regulations issued in the last few
years.
Permanently withdraw the August 8, 2008, proposal that would have repealed the
regulation that enables states to claim caseload reduction credit for excess MOE
expenditures.
Rescind the May 22, 2008, HHS guidance that effectively eliminated the ability of states
to offer pre-assistance programs to new TANF applicants for up to four months.
Rescind the final Deficit Reduction Act regulation restricting allowable state
maintenance-of-effort expenditures under TANF purposes 3 and 4.
End federal efforts to impose a national TANF error rate.
Veterans 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
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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
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 and its adopted resolution on Water, Ecosystem Health and
other Issues Related to the San Francisco Bay and the Sacramento –San Joaquin River Delta (No.
2012-46) to determine the appropriate response to federal legislative issues brought to the
Board’s attention.
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Workforce Development – Contra Costa County supports policies that meet the needs of
serving businesses, workers, job seekers, and youth. The County further supports policies under
the Workforce Innovation & Opportunity Act (WIOA) that preserve local decision-making
relative to spending, direction of work, and other functions of local workforce boards. The
County also supports policies that increase employment and the creation of jobs in both the
public and private sector and that enhance business’ access to a qualified talent pool, and
promote business growth through the development of a skilled workforce. The County also favors
policies that provide increased funding to support job seeker services, as well as policies that
make strategic investments to leverage existing funding in the workforce development arena.
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2016 DRAFT FEDERAL
LEGISLATIVE
PLATFORM
Contra Costa County
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2016 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
Draft 2016 Federal Legislative Platform identifies 10 funding needs for FFY 20167 and 45
requests for the reauthorization of the federal transportation act.
FEDERAL 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 – $4,500,000 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 FFY 2011-2013; $930,000 FFY
2014.)
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.)
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3. Mt. Diablo Mercury Mine Clean-up – $483,000 for the Army Corps of Engineers to
complete the Technical Planning Process for the clean-up project at the source and downstream
area of the Mt. Diablo Mercury Mine. 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 area impacted by 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; $4.92M for FFY 2008; $4.844M for FFY
2010.)
6. Suisun Bay Channel/New York Slough Maintenance Dredging – $8,700,000 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 M appropriated for FFY 2005; $4.619M for FFY 2006; $2.82M for FFY 2007; $2.856M for FFY
2008; $2.768M for FFY 2009; $3.819M for FFY 2010; $2.715M for FFY 2012; $2.495M for FFY 2013;
$2.026M for FFY 2014.)
7. San Pablo/Mare Island Strait/Pinole Shoal Channel Maintenance Dredging – $8,400,000
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: $1M appropriated for FFY 2005; $2.988M for FFY 2006;
$896,000 for FFY 2007; $1.696M for FFY 2008; $1.058M for FFY 2009; $2.518M for FFY 2010;
$3.402M for FFY 2012; $499,000 for FFY 2013; $780,000 for FFY 2014.)
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8. San Francisco to Stockton (J. F. Baldwin and Stockton Channels) Ship Channel
Deepening – $2,700,000 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. This work focused on establishing economic benefit to the
nation and initial salinity modeling in the channel sections. The following steps include detailed
channel design, environmental documentation, cost analysis, additional modeling, and dredged
material disposal options. This project continues to have enormous implications for oil refineries,
ports, and other industries that depend on safe ship transport through the channel. (Note:
$500,000 appropriated for FFY 2005; $200,000 for FFY 2006; $200,000 for FFY 2007; $403,000 for
FFY 2008; $1.34M for FFY 2009; $0 for FFY 2010; $0 for FFY 2011; $800,000 for FFY 2012;
$1,546,900 for FFY 2013; $800,000 for FFY 2014.)
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
expired September 30, 2014 and was reauthorized until May 2015. Two short-term extensions were subsequently
passed, d providing authorization until November 20, 2015. 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
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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.
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 -- $11 million for joint planning, environmental review,
right-of-way acquisition and construction 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); (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); and Marsh Creek Corridor Multi-Use Path ($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)
5. Iron Horse Corridor Enhancement Program -- $## million for joint planning, environmental
review, and the construction of improvements in the Iron Horse Trail Corridor, a 28 mile non-
motorized facility used for commute and recreation purposes providing access to schools,
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recreational facilities, commercial areas, residences, and mass transit hubs. Eligible projects
include corridor planning, trail access improvements, trail expansion/enhancements,
overcrossings (7 overcrossings in 5 cities), intersection improvements, Class I trail inter-
connectivity projects, and wayfinding/signage projects.
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
intersection modifications often go unfunded, leaving such roads with operational and safety
problems as well as insufficient capacity.
Transportation Funding for Disabled, Low-income, and Elderly Persons – Transit services for
elderly, disabled, and low-income persons are provided by the County, by some cities, by all of
the bus transit operators, and by many community organizations and non-profits that provide
social services. Increased funding is needed to provide and maintain more service vehicles,
operate them longer throughout the day, upgrade the vehicle fleet and dispatching systems,
improve coordination between public providers and community groups that also provide such
services to their clients, and expand outreach programs to inform potential riders of the available
services, among other needs. The County supports continuation and increased funding levels for
federal funding programs dedicated to transit services for these population groups. All of the
demographic trends point to a growing need for such services in the future. For example, the 65-
and-older population in the Bay Area is projected to more than double by the year 2030.
Surface Transportation Program/Highway Bridge Funding – The County supports the
continuation of funding levels consistent with the Highway Bridge funding program in
previous transportation funding bills that will provide funds for rehabilitating and replacing
our aging bridges. The County has several aging bridges with deficient sufficiency ratings.
Without federal transportation funding, these expensive projects would be deferred because
they often exceed the County’s funding capacity. Many of the bridges are on critical
commute corridors, goods movement corridors, inter-regional routes, and farm to market
routes. Failure of these important transportation assets can cause major disruptions to the
transportation network. The County would also support federal funding for the rehabilitation
and replacement of rail bridges.
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
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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.
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.
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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.
Multimodal National Freight Network – In 2015 the primary freight network was established
pursuant to MAP-21. The County supports increases in dedicated freight funding as proposed in
the National Freight Strategic Plan. The County will pursue grants and appropriations for 1) the
Northern Waterfront Initiative – specifically, funding for a short-line railroad feasibility study for
the Northern Waterfront Corridor and a Land-Use Cost-Benefit/Fiscalization study for the
Northern Waterfront; and 2) consistent with the Draft National Freight Strategic Plan
congestion reduction strategy, projects along the I-680 corridor including the High Occupancy
Vehicle Lane - Direct Access Ramp project.
Northern Waterfront Initiative – support funding for a short-line railroad feasibility study for the
Northern Waterfront Corridor and a Land-Use Cost-Benefit/Fiscalization study for the Northern
Waterfront.
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 $3537.5 million from the Cooperative Endangered Species
Conservation Fund in the past eight 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.
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
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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.
20156 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 recent 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.The Housing
Trust Fund should be used to compliment and not supplant either the HOME or CDBG
programs.
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
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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:
Increase funding to support employment of low-income families through greater access
to child care subsidies, and increase the access of children from eligible families to high-
quality care that supports positive child development outcomes.
Provide flexibility at the state and local levels so that quality care can be balanced with
access and parental choice.
Child Support –The County will advocate for the following federal actions:
Eliminate the $25 fee for non-IV-A families.
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Restore the incentive match payments that were prohibited in the Deficit Reduction Act.
Allow the automatic use of cash medical support to reimburse Medicaid expenditures.
Allow IV-D agencies to access Health Insurance records for the purposes of Medical
Support.
Child Welfare and Well-being –The County will advocate for the following federal actions:
Provide states with financial incentives, as opposed to monetary penalties, under the
Child and Family Services Reviews and minimize the significant administrative burden
associated with the review process.
End Title IV-E disallowances from federal audits that take away funds from an already
resource-strapped child welfare system. Allow states to reinvest these funds in preventing
child abuse and neglect.
Increase prevention dollars to help maintain children safely in their own homes. Federal
funding currently gives disproportional support to out-of-home care rather than to
preventing children from coming into care.
Any increase in Federal Medical Assistance Percentage should include an associated
increase in the Title IV-E matching rate to help support children in foster care.
Community Development Block Grant and HOME Programs – The County’s ability to
continue funding to a variety of nonprofit agencies that provide critical safety net services to
lower income residents, including financing the development of affordable housing is threatened
by further cuts as part of the Budget Control Act (Act) passed by Congress in July 2011. The Act
established mandatory spending caps on most federal programs through 2021, and arranged
additional across-the-board annual spending cuts to federal defense and non-defense
discretionary (NDD) programs over this same period.
Included in non-defense discretionary programs are critical local government oriented programs
including the CDBG and HOME programs. These programs are successful and productive,
leveraging significant funding from non-federal sources to help spur economic development. The
County agrees that reducing the federal deficit is an important component of achieving long-term
national economic stability, but targeting solely NDD programs like the CDBG and HOME
programs will not achieve significant reductions and will hinder the County’s ability to provide
critical services to its most vulnerable populations. The County will continue to oppose any
further reductions in the CDBG and HOME programs as part of the Budget Control Act or any
other means.
Cost Shifts to Local and State Government – Contra Costa County performs many of its
services and programs pursuant to federal direction and funding. Other services and programs
are performed at the behest of the state, which receives funding through the federal government.
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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.
Delta Water Platform
To protect the Sacramento-San Joaquin Delta from various detrimental forces that are affecting
its health and resources, it is the policy of Contra Costa County to support implementation of
projects and actions that will help improve the Delta ecosystem and the economic conditions of
the Delta. Contra Costa County has developed a Delta Water Platform to identify and promote
activities and policy positions that support the creation of a healthy Sacramento-San Joaquin
Delta. Contra Costa County will use this Platform to guide its own actions and advocacy in other
public venues regarding the future of the Delta.
The Delta Water Platform is comprised of twenty subject areas. Each of these subject categories
contains relevant policies and background explanatory language. The policies and background
information can be found in the Delta Water Platform, which is included in this document by
reference.
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.
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The County will also advocate for limitations on reservation shopping; tightening the definition
of Class II gaming machines; assuring protection of the environment and public health and
safety; and full mitigation of the off-reservation impacts of the trust land and its operations,
including the increased cost of services and lost revenues to the County.
The County will also advocate for greater transparency, accountability and appeal opportunities
for local government in the decision-making processes that permit the establishment of Indian
gaming facilities. This includes sequencing the processes so that the Indian Lands
Determination comes first, prior to initiation of a trust land request and associated environmental
review.
The County will also consider support for federal action and/or legislation that allows Class III
gaming at the existing gaming facility only if it can be shown that any change would result in a
facility that would be unique in nature and the facility can demonstrate significant community
benefits above and beyond the costs associated with mitigating community impacts.
Economic Development Programs – Congress should fund all the complementary programs
within HUD’s community and economic development toolkit, ensuring that HUD does not lose
sight of the development component of its mission. To that end, the County will support
continued funding for the Section 108 loan guarantee program, the Brownfields Economic
Development Initiative and the Rural Housing and Economic Development program. Each of
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: a)
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
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matching rate for states would free up state general fund money for other purposes and would
help counties as well.); b) suspend the Medicare “clawback” rule; c) 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; d) ease the ability to cover
those eligible for Medicaid by making documentation requirements less stringent; and e) prevent
the implementation of the following seven federal regulations:
• Outpatient hospital
• Case Management
• School Based Administration & Transportation
• Public Provider Cost Limit
• Graduate Medical Education
• Rehabilitation Services Option
• Provider Tax
SUPPORT full funding of the Federal Medicaid program by the federal government. Medicaid
provides access to health care for people whose income and resources are insufficient to pay for
health care. It is jointly funded by Federal and State governments. The Patient Protection and
Affordable Care Act (also known as the ACA) significantly expanded both eligibility for and
federal funding of Medicaid. OPPOSE amendments to the ACA that would reduce support for
Medicaid/Medi-Cal payments to providers.
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.
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Public Housing Programs – The County will support legislation that results in the
transformation of existing programs to improve their effectiveness and efficiency, in tandem
with the design of new and innovative responses, both to build upon recent progress and address
outstanding issues.
The County will support legislation to protect the nation’s investment in Public Housing:
Enact affordable housing industry proposal to allow public housing agencies (PHAs)
to voluntarily convert public housing units to Section 8 project-based rental assistance
in order to preserve this vital component of the national infrastructure
Oppose the Administration’s proposal to impose a $1 billion offset against the
operating reserves of responsible, entrepreneurial PHAs
Support the revitalization of severely distressed public housing units
Address safety and security concerns connected to drug-related crime
The County will support legislation to preserve vital community and economic development
programs:
Fully fund the Community Development Block Grant Program in order to create and
save jobs, revitalize local economies, and support critical services for vulnerable
populations
Maintain funding for HUD’s cost-effective economic development tools
The County will support legislation to strengthen and simplify the Section 8 Rental Assistance
programs:
Provide adequate funding for Housing Assistance Payment contract renewals and
ongoing administrative fees
Enact the Section Eight Voucher Reform Act (SEVRA)
Implement overdue regulatory and administrative revisions that ensure the efficient
use of program funds
The County will support legislation to expand Affordable Housing Opportunities and combat
homelessness:
Fully fund the Home Investment Partnerships Program and HUD’s homeless
assistance programs
Capitalize the Housing Trust Fund through a revenue-neutral approach
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Preserve and strengthen the Low Income Housing Tax Credit Program
The County will support legislation to foster innovation, increase efficiency, and streamline the
regulatory environment:
Promote reasonable and flexible federal oversight
Incentivize green building and increased Energy Efficiency
Support HUD’s ongoing transformation efforts
Ensure that HUD releases and distributes federal funding in a timely manner
Eliminate statutory and regulatory barriers that prevent PHAs and redevelopment
authorities from accessing federal programs they are qualified to administer.
Rail Safety – Contra Costa County is home to a substantial oil refinery industry with four
refineries located in the County. The County supports Senator Heitkamp’s Railroad Emergency
Services Preparedness, Operational Needs, and Safety Evaluation (RESPONSE) Act, S. 2547,
which would establish a Federal Emergency Management Agency (FEMA) panel focused on
railroad incident first responders. By bringing together under FEMA’s National Advisory
Council all relevant agencies, emergency responders, technical experts, and the private sector for
a review of training, resources, best practices, and unmet needs related to emergency responders
to railroad hazmat incidents, the RESPONSE Act will begin the process of addressing
shortcomings in existing emergency response practices and procedures. It will also address the
effectiveness of funding levels related to training local emergency responders for rail hazardous
materials incidents.
The County also supports FEMA funding for the training of first responders, regulations that
increase tank car safety standards for cars transporting crude oil and other hazardous materials,
and regulations that require railroads to share data with state emergency managers and local
responders.
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.
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
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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.
SparkPoint, Service Integration – The County will support federal funding for the establishment
and operation of SparkPoint and Service Integration models. SparkPoint Centers are one-stop,
financial-education centers that help individuals and families who are struggling to make ends
meet. SparkPoint helps clients address immediate financial crises, get them back on their feet,
and build financial security. Each center brings together a full range of services at one
convenient location, including job training, career development and financial coaching, as well
as access to higher education and savings accounts. The Contra Costa County Service Integration
Program co-locates county and non-profit agency service providers and community residents in
neighborhood-based family service centers to provide accessible, coordinated public services
tailored to meet the specific needs and goals of low-income families, while also engaging
families in resident-driven efforts to revitalize their communities.
Supplemental Nutrition Assistance Program (SNAP) – The County will advocate for the
following federal actions:
Increase SNAP benefits as a major and immediately available element of economic
stimulus.
Suspend the restrictions applying to ABAWDs. ("ABAWDs" stands for "Able-Bodied
Adults without Dependents" and pertains to adults receiving food stamps who are
considered employable.) They are subject to strict time limits on how long they can
receive food stamps. It is difficult administratively to track this, and when unemployment
is high, it can result in more adults going hungry.
Remove the current federal barriers that prevent some nutrition programs from
employing EBT technology.
Streamlining Permitting for Critical Infrastructure, Economic Stimulus, and Alternative
Energy Projects –“Green” Job Creation – Request that Congress and the Administration
recognize the value of Habitat Conversation Plans (HCPs) as a reliable way of streamlining
critical infrastructure, economic stimulus, and alternative energy project permitting in a manner
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that is consistent with federal environmental regulations. HCPs not only facilitate such projects
through permit streamlining, but the planning, implementation, management, and monitoring
needs associated with regional HCPs plans also create many quality “green” jobs.
Telecommunications Act of 1996 Revisions – The Telecommunications Act of 1996 governs
local government’s role in telecommunications, primarily broadband cable that uses the County’s
right-of-way as well as consumer protections. As Congress works to update the Act, the County
will continue to advocate for strengthening consumer protections and local government oversight
of critical communications technologies; local access to affordable and reliable high speed
broadband infrastructures to support the local economy; the right of local municipalities and
communities to offer high-speed broadband access: coordination and integration of private
communication resources for governmental emergency communication systems; preservation of
local government’s franchise fees; preservation of the local community benefits, including but
not limited to public, education and governmental (PEG) access channels; authority for provision
of municipal telecommunication services; preservation of local police powers essential for
health, safety and welfare of the citizenry; preservation of local government ownership and
control of the local public rights-of-way; and support for ensuring that communication policy
promotes affordable services for all Americans.
The Community Broadband Act of 2007, S.1853, encourages the deployment of high speed
networks by preserving the authority of local governments to offer community broadband
infrastructure and services. The County will oppose all bills that do not address the County’s
concerns unless appropriately amended. In addition, the Federal Communications Commission
(FCC) has proposed rule-making (FCC Second Report and Order Docket 05-311 “Franchising
Rules for Incumbents”) that, in the opinion of local government, goes beyond the scope of their
authority in this area. The County will oppose all such rule making efforts.
Telecommunications Issues – Support the Community Access Preservation (CAP) Act
introduced in 2009 by Wisconsin Congresswoman Tammy Baldwin. The CAP Act addresses the
challenges faced by public, educational and government (PEG) TV channels and community
access television stations. The CAP Act addresses four immediate issues facing PEG channels.
The CAP Act would: Allow PEG fees to be used for any PEG-related purpose; require PEG
channels to be carried in the same manner as local broadcast channels; require the FCC to study
the effect state video franchise laws have had on PEG; require operators in states that adopted
statewide franchising to provide support equal to the greater of the support required under the
state law or the support historically provided for PEG; and make cable television-related laws
and regulations applicable to all landline video providers.
In addition, the County should support the widespread deployment and adoption of broadband,
especially as it serves to connect the educational community and libraries.
Temporary Assistance for Needy Families – The County will advocate for the following federal
actions:
Relieve states of work participation rate and work verification plan penalties for fiscal
years 2007, 2008, 2009 and 2010 in recognition of the serious downturn in the national
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economy and the succession of more “process-based” regulations issued in the last few
years.
Permanently withdraw the August 8, 2008, proposal that would have repealed the
regulation that enables states to claim caseload reduction credit for excess MOE
expenditures.
Rescind the May 22, 2008, HHS guidance that effectively eliminated the ability of states
to offer pre-assistance programs to new TANF applicants for up to four months.
Rescind the final Deficit Reduction Act regulation restricting allowable state
maintenance-of-effort expenditures under TANF purposes 3 and 4.
End federal efforts to impose a national TANF error rate.
Veterans 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
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
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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 and its adopted resolution on Water, Ecosystem Health and
other Issues Related to the San Francisco Bay and the Sacramento –San Joaquin River Delta (No.
2012-46) to determine the appropriate response to federal legislative issues brought to the
Board’s attention.
Workforce Development – Contra Costa County supports policies that meet the needs of
serving businesses, workers, job seekers, and youth. The County further supports policies under
the Workforce Innovation & Opportunity Act (WIOA) that preserve local decision-making
relative to spending, direction of work, and other functions of local workforce boards. The
County also supports policies that increase employment and the creation of jobs in both the
public and private sector and that enhance business’ access to a qualified talent pool, and
promote business growth through the development of a skilled workforce. The County also favors
policies that provide increased funding to support job seeker services, as well as policies that
make strategic investments to leverage existing funding in the workforce development arena.
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