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HomeMy WebLinkAboutMINUTES - 12162003 - D2 TO: BOARD OF SUPERVISORS .,..,. CONTRA FROM: John Sweeten, County Administrator COSTA COUNTY DATE: December 16,'2003 SUBJECT: 2004 Federal and State Legislative Platforms and 2003 Year-End Report SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): 1. ACCEPT the yearend report on the County's 2003 legislative program. 2. ADOPT the attached Contra Costa County 2004 Federal and State Legislative Platforms. 3. AUTHORIZE the County's State representative to seek authors for new Board sponsored State legislative proposals and to work towards their passage during 2004. 4. AUTHORIZE the County's Federal representative to seek support from the County's Congressional delegation for federal funding requests. 5. DIRECT the County Administrator to review legislative proposals, to identify those which affect the County's adopted legislative platforms; and to recommend appropriate positions on specific bills for review and approval by the Board of Supervisors. 6. AUTHORIZE Board members, the County's state and federal representatives, the County Administrator and other designated staff to prepare and present information, position papers and testimony as appropriate to support the Board's positions on specific bills and issues, consistent with the 2004 Legislative Platforms. 7. AUTHORIZE Continuation of the Animal Services Legislative Advogacy Pilot for 2004. CONTINUED ON ATTACHMENT: &YES SIGNATURE: A�7&7tA SRI COMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENQATI BOARD COMMITTEE PROVE _OTHER SIGNATURE(S): ACTION OF BOARDON r fecemBer to, APPROVED AS RECOMMENDED OTHER XX *�1§9wattached addendLm for Board action* v VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ABSENT NOM 1 TRUE AND CORRECT COPY OF AN ` AYES: i, I,IiI,V & pgS; lI on 1n` I ►�" ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Sara Hoffman-335-1090 ATTESTED DeceO>her 16, 2003 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: CAO Nielsen Merksamer(via CAO) Alealde&Fay(via CAO) BY, DEPUTY __ ADDENDUM TO ITEM D.2 December 16, 2003 The Board of Supervisors considered the 2004 Federal and State Legislative Platforms and 2003 Year-End Report. Sara Hoffman, County Administrator's Office presented the staff report and recommendations. There were no speakers to address the Board on this issue. The Board discussed the matter and the following requests were made: Supervisor Gioia asked that funding for the Ruth Powers Childcare 'Center and the Maritime Childcare Center be included in the Federal Legislative Platform. He also requested that staff return to the Board of Supervisors on January 6, 2004 with additional information on statewide standards for neighborhood speed bumps and language supporting the efforts by the State to adjust the statutory cap on Transfer taxes Supervisor Uilkema advised she will be voting no on item #14 "Support reduction in the 2/3 vote requirement for special taxes that fund high priority local services"of the 2004 State Legislative Platform Sara Hoffman requested an addition to the recommendation on the Federal Platform asking the Board to authorize the Chair to sign letters to mayors and economic development groups that would have interest in TEA 21 reauthorizations. The Board took the following action: • ACCPETED the year-end report on the County's 2003 legislative program; • ADOPTED the Contra Costa County 2004 Federal Legislative Platform as amended to include funding for the Ruth Powers Childcare Center and the Maritime Childcare Center; • ADOPTED the Contra Costa County 2004 State Legislative Platform items 1-53; • AUTHORIZED the County's State representative to seek authors for new Board sponsored State legislative proposals and to work towards their passage during 2004; • AUTHORIZED the County's Federal representative to seek support from the County's Congressional delegation for federal funding, • DIRECTED the County Administrator to review legislative proposals; to identify those which affect the County's adopted legislative platforms; and to recommend appropriate positions on specific bills for review and approval by the Beard of Supervisors; • AUTHORIZED Board members,the County's state and federal representatives, the County Administrator and other designated staff to prepare and present information,position papers and testimony as appropriate to support the Board's positions on specific bills and issues; consistent with the 2004 Legislative Platforms; • AUTHORIZED continuation of the Animal Services Legislative Advocacy Pilot for 2004; • AUTHORIZED the Chair, Board of Supervisors to execute letters to mayors and economic development groups regarding the TEA 21 Reauthorizations. • DIRECTED staff to return the Board on January b, 2003 with language supporting the efforts by the State to adjust the statutory cap on Transfer taxes and support of statewide standards regarding neighborhood speed bumps. BACKGROUNDIREASON(S) FOR RECOMMENDATION(S}. 2003 Legislative Program Annually, the County Administrator prepares a year-end report for the Board of Supervisors on the County's Legislative Program. 2003 State Legislative Pro-gram At the State level, the County successfully sponsored SB 567 (Torlakson) which increased maximum fines for repeat code compliance violations. Fine levels were set in 1983 at $100 for the first fine, $200 for the second and $500 for additional violations within one year of the initial violation. According to the Consumer Price Index the value of the fines has decreased by approximately 50% since then, thus reducing their effectiveness as a deterrent for repeat violators. SB 567 increased the maximum fines for second and third violations, to $500 and $1,000, respectively. The County also actively monitored 28 bills. The Board of Supervisors adopted positions of support on 11 bills, support-in-concept on 2 bills and opposition on 4 bills. Of the bills that the Board supported or supported-in-concept, 4 were adopted by the legislature, signed by the Governor and chaptered into law. These were: AB 1410 (Wolk) - requires all state agencies to make surplus lands available for sale or lease to local public agencies for purposes of transit oriented development. SB 20 (Sher) — requires manufacturers of hazardous electronic devices (i.e., picture tubes of computer monitors and televisions) to establish and implement a collection processing, recovering, reuse and recycling system so that local governments are not left with the increasingly costly task of cleaning up these hazardous electronics. SB 802 (Torlakson) — redefines portions of State Highway Route 84 (Vasco Road) and State Highway Route 239 (Byron Highway) as eligible inter-regional and inter-county routes, a key step in developing the state highway system in East Contra Costa County. SB 916 (Perata) — authorizes a March 2004 ballot measure on a proposed one dollar increase in bridge tolls on specified Bay Area bridges for specific projects that reduce bridge congestion. The other chaptered bill on which the Board of Supervisor took a position of "oppose unless amended" was AB 1541 (Montanez). The bill was amended prior to passage to remove provisions of concern regarding mandatory minimum penalties of $3,000 for technical andlor monitoring reports not in complete compliance with the State Water Resources Control Board or Regional Water Quality Control Board requirements. If enacted as originally drafted, the bill could have had a potentially significant financial impact on the County's flood control/clean water program. 2003 Federal Legislative Program Normally, Congress passes its appropriations bills by September and no later than October. This year that did not happen, due to their focus on the President's request for $87.5 billion for military and rebuilding operations in Iraq and Afghanistan. Nevertheless Contra Costa County is positioned to do very well. While nothing is final until it is final, pending appropriations/legislative authorizations benefiting Contra Costa County include: $250,000 appropriation for the Integrated Justice Information System — This countywide project is designed to integrate all disparate justice information systems in Contra Costa County to support public safety, linking the 19 cities and their police departments, Superior Court, County Sheriffs Office, District Attorney, Public Defender, County Probation, California Highway Patrol and, eventually, other county, state and federal agencies. Immediate priorities for the system include: shared "real time" jail information; subpoena witness management; countywide mug shot data base; and a' countywide certified ID system. Included in the Omnibus Appropriations Conference Report filed on December 1, 2003 which is the agreement between the Houses and Senate on appropriations. While it is highly unlikely that the $328 billion bill will be approved before the Senate convenes in late January, normally conference reports are approved as submitted. 2 $500,000 appropriation for Pinole Shoal Dredging - This appropriation was hard won, and successful only because of the persistence and persuasiveness of our federal representative, since neither the House nor the Senate bill included any funding. The Army Corps of Engineers had mistakenly shown a zero dollar capability for the project. Our federal representative worked with the local office and they revised their estimate to a $2.5 million request for maintenance dredging (includes associated;work at Mare Island) to the authorized depth of minus 35 feet. Recent condition surveys have illustrated shallower areas, indicating the importance of annual dredging of this channel section. 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 Stockton. Included in the Energy and Water bill passed by Congress, sant to the President on November 19th and signed on December Is'. $750,000 appropriation for San Francisco to Stockton (J. F. Baldwin) Ship Channel Deepening —Also left out of the President's budget request at the start of the year, funding supports completion of the general re-evaluation report for the Avon Turning Basin Project and phase two of J. F. Baldwin Deepening Project. The Avon Turning Basin Project would deepen the Suisun Bay channel to minus 35 feet for safe turning of vessels and to ensure safe distances between vessels in the channel. The deepening project is a study of the potential for deepening the channel section from one foot to five feet and the salinity effects of such deepening to ensure that the project is as "environmentally friendly" as possible. The House bill included $750,000; the Senate bill did not fund it. Included in the Energy and Water bill passed by Congress, sent to the President on November 19t1' and signed on December 1�". $5.172 million appropriation for Suisun Bay Channel/New York Slough Maintenance Dredging - Army Corps of Engineers maintenance dredging 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 is particularly costly, due to requirements for 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, exposing the straits to potential oil spills. Appropriation fully funded Contra Costa's request. Included in the Energy and Water bill passed by Congress, sent to the President on November 19th and signed on December 1"t. Flood Control Local Match Credits — Authorization for the County to receive local match credit for expenditures on flood control projects prior to execution of the Project Cooperative Agreement with the Army Corps of Engineers. Legislative remedy benefits the following flood control projects: Wildcat/San Pablo Creek Phase One, Section 1135 Project; Pinole Creek, Section 1135 Project; Wildcat/San Pablo Creek Phase Two Project; Walnut Creek Channel Project; and the Grayson Creek/Murderers Creek Project. Included in the Water Resources and Development Act as passed by the House. No Senate action is expected prior to late January, when they reconvene for the 2001 session. Beneficial Use of Dredged Materials -- Authorization for a federal study to determine the feasibility of the beneficial use of dredged materials, including the benefits and impacts on salinity in the Delta, navigation, flood control damage, ecosystem restoration, water control, water supply reliability and recreation as well as the feasibility of using Sherman Island as a rehandling site for the dredged material, for levee maintenance and/or ecosystem restoration. Dredging of the channels between the San Francisco Bay and the Sacramento/San Joaquin Delta is critical for the continued safe transport of materials in those channels and a key cost component is disposal of the dredged materials. Included in the Water Resources and Development Act as passed by the House. No Senate action is expected prior to late January, when they reconvene for the 2004 session. Several of the County's earmark requests are being considered as part of the TEA 21 Reauthorization process. While the Senate committee has reported its bill, and the House bill has been introduced, specific projects have yet to be included in either bill. Because TEA 21 expired on September 30, 2003, legislation was passed extending the provisions for five months, until the end of February 2004. The extension was a "clean bill" with no projects or policies. It is highly likely that another extension will be required prior to its passage, due to lack of consensus on appropriate funding levels. The House Transportation Committee is advocating an authorization of $375 billion 3 over 6 years, white the President wants a $247 billion limit. The Senate bill splits the difference. The House bill would also increase funding of special (local) highway projects from the $9 billion originally authorized in TEA 21 to $15 billion. Funding for all projects will be extremely competitive, with approximately $500 billion of requested projects. The results of Contra Costa County's federal advocacy earmark requests are particularly impressive considering appropriations for California as a whole. With 12% of the nation's population, California could expect to receive approximately 12% of the appropriations. This is not occurring. For example, the FFY 2004 Senate Commerce, Justice and State Appropriations Bill, which funded the County's Countywide Integrated Justice Information System project, funded a total of 276 projects nationwide. Six of the projects were California projects, approximately 2%. Of the total $259 million in appropriations, $6 million went to California, also 2%. In addition to earmark requests, Alcalde and Fay provides strategic advice to the County, monitors issues and bills and alerts the County to areas of possible interest. Strategic Advice— For the Zero Tolerance for Domestic Violence Initiative, Alcalde and Fay has been very active in strategizing with County staff on how best to position us to compete for the Department of Justice's Family Justice Center Initiative, which will allocate $20 million to 12 communities to plan and develop justice centers. The application process is currently underway. Tracking Issues -- Alcalde and Fay regularly tracks issues of interest to the County, forwarding updates, analyses and bills. This year Alcalde and Fay followed rail services/Amtrak, Head Start, Temporary Assistance to Needy Families (TANF), Medicaid DSH payments, the Workforce Investment Act and debt refinancing. Issue Alerts —Alcalde and Fay is extensively involved in the federal legislative process and so often become aware of new issues that may be of interest to the County. For example, Alcalde and Fay alerted us to the Underground Storage Tank Compliance Act of 2003 ';(5.195) which includes language that could result in our clean water program being liable for MTBE groundwater contamination clean-up. As a result, our Public Works Department is currently putting together a policy position for the Board of Supervisors' consideration. 2004 Legislative Platforms Each year, the Board of Supervisors adopts Federal and State legislative platforms which establish priorities and policy positions with regard to potential federal and state legislation and regulation. The attached Federal Legislative Platform consists primarily of projects with requests for appropriations and/or authorizations (which set the stage for appropriations in later years). It also includes policy positions on issues of significance to Contra Costa County. The attached State Legislative Platform includes policy issues that provide direction and guidance for identification of bills which would affect the services, programs or finances of Contra Costa County; County-Sponsored bill proposals; and particularly urgent this year, issues regarding the state budget and state-local relationships. Animal Services Legislative Advocacy Pilot Over the past several years, the scope and nature of the services provided by the Animal Services Department have been altered dramatically due to State legislation. The new animal services facilities were also required as a result of state legislation. Since both the changes in the operations and capital needs of the department were state mandated, they should therefore, be eligible for state-mandate reimbursement. In fact, Animal Services could have expected partial reimbursement, with an annual revenue stream of approximately $ 1.2 - $1.4 million according to the decisions reached by the State Mandate Claims Commission. However, these reimbursements were suspended in the State's FY 03-04 budget. And, apparently, the Governor will propose repealing the mandate as part of the FY 04-05 budget process. In addition to suspending the mandates, the State Department of Finance is pursuing court action to overturn the State Commission on Mandates finding that the State is liable for reimbursement of some of the increased costs for animal services due to compliance with SB 1785, including veterinary care and maintenance of strays that are put to sleep. 4 In recognition of the severe negative financial impact of State action on the County's ability to operate its animal services program, the Board of Supervisors authorized the Animal Services Legislative Advocacy Pilot fast year, on a one-year trial basis. Under this pilot, the Animal Services Director was given limited flexibility to enable him to make timely responses to new issues consistent with adopted County policy. This authority was to be exercised only when there was not time to go to the Board of Supervisors with a position on a specific bill (or recent changes to a bill) prior to its hearing in Committee or on the floor of the Assembly or Senate. In these time-limited circumstances, the County Administrator or designee, could authorize the Animal Services Director or State representative to sign legislative advocacy letters on behalf of Contra Costa County; to testify at legislative hearings; and to advocate on new issues found consistent with the Boards adopted legislative platform. The County Administrator, or designee, was also responsible for immediately informing Board members of any action taken as part of the pilot and to report on the efficacy of the pilot as part of this annual report to the Board on our legislative program. It was not necessary to utilize the Legislative Advocacy Pilot in 2003, sine most of the focus this year was on the State Mandates Commission. However, continuation of the Pilot is recommended for another year, due to the high probability of state budgetary action on Animal Services issues and to allow the County's amicus participation, if warranted, in the State Department of Finance's lawsuit against the State Mandates Commission. 5 2004 Federal Legislative Platform Contra Costa County t The proposed 2004 Federal Legislative Platform includes 8 requests for appropriations; 4 requests for authorizations under the Transportation Equity Act Reauthorization (TEA 21); and 10 policy positions. Appropriation requests total $19.6 million, excluding the 3 "TBD„ requests, while authorization requests total $75.0 million. Authorizations under TEA 21 do not actually allocate monies for the next fiscal year, but rather provide the authorization for future appropriations during the six year life of the TEA 21 authorization. In both 2002 and 2003, Congress and the President were very much focused on homeland security and the war against terror. It is possible that this preoccupation will continue again, with delays in action on appropriation bills and little conclusion on bills requiring reauthorization. As a result, the following proposed federal platform is largely unchangedfrom 2003. Countywide Microwave System improvements— $2.7 million appropriation to double the voice and data circuits of the existing microwave radio communication' system, which is currently at maximum capacity. This microwave system provides the transport of voice and data circuits linking the County Sheriffs Office, 19 cities and their police departments, eight fire districts, numerous emergency medical systems, the Office of Emergency Service, the County's Hazardous Materials Program and County and state departments. The project would provide immediate high speed access to federal and state databases by public safety field units and provide secured, noncommercial communication paths for that information. Zero Tolerance for Domestic Violence Initiative — $2.5 million appropriation for the County's innovative multi-agency initiative to combat domestic and family violence and elder abuse. The Board of Supervisors allocated approximately $1.8 million in funding for Zero Tolerance in FY 02-03; however, due to budget constraints, funding was reduced by $194,000 in FY 03-04. This appropriation would backfill that loss of County General Funds as well as expand the initiative's capacity. San Francisco to Stockton (J. F. Baldwin) Ship Channel Deepening - TBD* appropriation to continue phase two of J. F. Baldwin Deepening Project. The deepening project is a study of the potential for deepening the channel section from one foot to five feet and the salinity effects of such deepening. Phase one efforts focused on economic benefit to the nation, to justify the federal expense, and this phase will study potential impact of a deeper channel on salinity in the Suisun Channel and eastward, to ensure that the project is as "environmentally friendly" as possible. The project had been previously authorized for deepening at 10 feet. (Note: $1.8 million appropriated for FFY 2003 for this project, including the Avon Turning Basin.) Suisun Bay ChannellNewr York Slough Maintenance Dredging - TBD* appropriation to the Army Corps of Engineers for maintenance dredging 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 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, exposing the straits to potential oil spills (Note; $3.815 million appropriated for FFY 2003). Pinole Shoal Dredging - TBD* appropriation to the Army Corps of Engineers for maintenance dredging (includes associated work at Mare Island) to the authorized depth of minus 35 feet. Recent condition surveys have illustrated that the channel needs to be dredged every year. 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 Stockton. With the exception of'dredging in 2003 and some emergency dredging on channel sections, the channel has not been dredged regularly since the Mare Island Naval Facility closed several years ago (Note. $1.5 million appropriated for FFY 2003, which is helpful, but not sufficient to fully meet dredging needs). Rodeo Marina Siltation Study - $200,000 appropriation to investigate the cause of siltation at the Rodeo Marina and to identify alternative remedies, their costs and consequences. Rodeo Marina is a focal point of the Rodeo community, integral to revitalization efforts. This may be an Army Corps of Engineers project if it is determined that siltation was caused by Army Corps of Engineers placement of dredge materials from the Maryland Strait into the Carquinez Strait near the marina. Hydrograph Modification Management Plan - $900,000 appropriation for plan development to establish management measures to improve water quality, protect riparian habitats and ensure stability of streams within the County's watershed. The plan is being developed in response to new requirements by the Regional Water Quality Control Board and will help balance the impact of development with the needs of the watershed and its ecosystems. East Contra Costa County Habitat Conservation Plan - $3 million appropriation to fund the development of habitat conservation pians and natural communities conservation plans within Placer, Sacramento, Santa Clara, Solano, Yolo and Contra Costa Counties. Contra Costa's share would be used to address an 185,000-acre planning area that includes all watersheds draining the eastern flanks of Mt. Diablo. The coalition's objective is to preserve native habitats, while at the same time taking> into account the needs for development and streamlined permitting and review processes. The regional 'fequested level to be determined{T81)),based on Army Corps of Engineers determination of expenditure capability and need, most likely by January 2004. 2 approach will ensure that pians are specific to the county, yet consistent in scope and approach. Carquinez Scenic Drive Bay Trail Segment - $5 million appropriation and TEA 21 authorization to repair slide damage and reconstruct the closed road to multi-use trail standards as part of the Ban Francisco Bay Trail. The Trail is a continuous 400 mile recreation corridor that will encircle the entire Bay Area, connecting communities to each other and the Bay. To date, 210 miles of the Bay Trail have been developed. This segment would access East Bay Regional Parks land and connect the communities of Martinez, Port Costa and Crockett for bicycle, pedestrian and equestrian users as well as provide alternate emergency vehicle and evacuation routes for these communities. The planning study, which evaluated roadway stability and identified stabilization and path alignment alternatives was completed this year. North Richmond Circulation Improvements Project- $20 million TEA 21 authorization for planning, community outreach, engineering, environmental clearances and construction of two projects in North Richmond: a pedestrian/bicycle overcrossing of two sets of railroad tracks and development of a new road system that would provide truck access between businesses and the Richmond Parkway. These projects would increase safety around the neighborhood elementary school, increase livability of the neighborhood, improve local access to the Wildcat Creek Regional Trail and stimulate economic development in the industrial area of the community. State Route 239IState Route 84 Development - 15 million TEA 21authorization for development of a Major Investment Study and Project Study Report to define the alignment of both routes as well as project engineering and design, environmental review and right of way acquisition. Alignment alternatives will include expansion of existing roadways, including Byron Highway and Vasco Road, and a new highway on a new alignment. The newly designated State Route 239 (also known as the Brentwood- Tracy Expressway), is needed for handling increasing volumes of truck traffic between East County and Central Valley, generating job development in East County, mitigating traffic impact of residential development and supporting expansion of the Byron Airport, while State Route 84 needs to be developed for handling increasing commuter traffic between Contra Costa County and Alameda County. Mococo Line "eBART" Rail ,Development - $5 million appropriation for environmental review and preliminary engineering and $40 million TEA 21 authorization to complete final design, perform environmental review and obtain right-of-way for the "eBART" rail project along the Moccco Line currently owned by the union Pacific Railroad. "eBART" would provide dieser rail service from East County to the Pittsburg/Bay Point BART station. Eventually, it would also connect to the Altamont Commuter Express Train that runs from Tracy to Silicon Valley. Negotiations for right-of-way acquisition are currently in progress with the Union Pacific Railroad, the Contra Costa Transportation Authority and BART, which would operate the new service. 3 Individual Development Account Programs - $300,000 appropriation to pilot a program to encourage low income individuals to establish personal savings accounts (with matching funds from private sources). The program would provide an economic incentive for savings as well as teach money management and savings skills. Participants would be able to use their savings to further their education, start or improve their small business or buy a home, all of which would help increase economic self sufficiency. San Luis Drain - The U. S. Bureau of Reclamation is preparing an environmental impact statement to evaluate options for providing drainage services for the west side of the San Joaquin Valley. Drainage water from this area contains toxic concentrations of selenium and other hazardous substances. San Luis Drain is one of the options under study and would pass through Contra Costa County. The County will continue to oppose the San Luis Drain option and support instead drainage solutions in the valley, such as reducing the volume of problem water drainage; managing/reusing within the district drainage area; retiring lands with severe drainage impairment (purchased from willing sellers); and reclaiming/removing solid salts through treatment, bird safe/bird free solar ponds and farm-based methods. Flood Control Local Match and Cost Benefit Analyses - Currently, the County does not receive local match credit for expenditures on flood control projects prier to execution of the Project Cooperative Agreement with the Army Corps of Engineers. Also, in performing its cost benefit analysis on projects, the Corps does not use criteria which recognizes the ecological restoration, economic development and social benefits of the projects. Language was included in the 2002 Water Resources and Development Act on the local match; however, the bill was continued to 2003. It may be continued again this year. Legislative remedy on these issues would benefit the following flood control projects: Wildcat/San Pablo Creek Phase One, Section 1135 Project; Pinole Creek, Section 1135 Project; Wildcat/San Pablo Creek Phase Two Project; Walnut Creek Channel Project; and the Grayson Creek/Murderers Creek Project Beneficial Use of Dredged Materials - Dredging of the channels between the San Francisco Bay and the Sacramento/San Joaquin Delta is critical for the continued safe transport of materials in those channels and a key cost component is disposal of the dredged materials. A federal study is needed to determine the feasibility of the beneficial use of dredged materials, including the benefits and impacts on salinity in the Delta, navigation, flood control damage, ecosystem restoration, water control, water supply reliability and recreation as well as the feasibility of using Sherman Island as a rehandling site for the dredged material, for levee maintenance and/or ecosystem restoration. Language was included in the Water Resources and Development Act (WRDA) as passed by the House. No Senate action is expected prior to late January, when they reconvene for the 2004 session. This issue is included in case Congress again delays consideration of WRDA. Head Start Reauthorization -- The House and Senate introduced legislation to reauthorize the Head Start program in 2003. Although the President's budget 4 proposed to restructure Head Start as a block grant to the states and move program oversight from the U. S. Department of Health and Human Services (HHS) to the U. S. Department of Education, the House bill maintained administration by HHS. The County will support reauthorization of Head Start at current funding levels or higher; keeping the program in the Department of Health of Human Services;with direct grants to localities (i.e., current structure, no state block grants); and continuing the family- based comprehensive program. Agricultural Best and Disease Control — Agriculture and native environments in Contra Costa County are being threatened by a variety of 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. Workforce investment Act (W IA) Reauthorization W Both the House and Senate passed versions of H.R.1261, the reauthorization of the Workforce Investment Act in 2003. The President's budget proposed to restructure WIA as a block grant to the states, reduce local control over services and program expenditures and adopt new proposed performance measures. The Senate legislation is more favorable to local concerns, rejecting the state block grant approach and other issues affecting local delivery systems, which are included in the House bill. The County will support reauthorization of the Workforce Investment Act at current funding levels or higher; keeping the program at the federal level rather than black granting it; maximizing local control, so that we can meet local needs; and establishing reasonable performance measures on meeting client needs in a cost effective manner Temporary Assistance for Needy Families (TANF) Reauthorization --TANF contains the federal authority and funding authorizations under which the Stateand the County implement welfare reform (CalWORKs). Congress continues to pass extensions of TANF authorization as the House and Senate work towards final passage of H.R. 4 in 2004. The County will advocate for: ➢ continuing the current level of TANF funding and associated block grants; ➢ enhancing the flexibility of State designed welfare programs to meet the needs of specific types of populations, including the "hard-to-serve" and the "working poor;„ ➢ providing for critical support services, such as child care, transportation, medical insurance and food stamps for both families on welfare and the "working poor;" and ➢ allowing California to continue the CalWORKs grant for children and families after the parent has reached the five-year lifetime limit under TANF. Federal "Statewideness" Requirements -- For many federally funded programs, there is a "statewideness" requirements; i.e., all counties must operate the specific program S '. ........................................... . ............................................................... ........................................... .............................. 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 long-term effort, the County will advocate for relaxation of the "statewideness" rule to allow individual counties or 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. Libraries — Libraries are a key source of information and recreation for individuals and businesses. The County will advocate for federal funding of library and literacy programs. In addition, the County will continue to monitor such legislation as the Freedom to Read Protection Act, the Security and Freedom Ensured (SAFE) Act, the Library, Bookseller, and Personal Records Privacy Act, and the Protecting the Rights of Individuals Act and to advocate for the right for libraries to maintain the privacy of patron records, except in cases of court orders. Advance Refunding of Municipal Bonds —Advance refunding is the refinancing of bonds before they mature or become "callable." Current law limits local governments to a single advance refunding of bonds for government facilities. 5.271 and H.R. 1076 were introduced in 2003 to allow for an additional refunding, and the Board adopted a position of support for both bills. In 2004, the County will continue its advocacy for advance refunding of municipal bonds. 6 f 2004 State Legislative Platform ` Contra Costa County as With the State in such a dismal financial situation, much of the County's legislative effort in 2004 needs to be focused on ensuring that the services and programs to citizens and businesses in Contra Costa County suffer as little as possible as a result of the Governor's and Legislature's efforts to balance the State``Budget. The proposed 2004 State Legislative Platform addresses both short and long term issues related to the State budget as well as state/local structural relationships. It should be noted that realignment or other proposals that alter the state/local relationship may affect the County's position on specific issues in a manner that is not predictable at this time. The platform recommends sponsoring two bills: 1) school credits for jail inmates and 2) redefinition of income ratios and other eligibility criteria for low income home ownership programs of the Redevelopment Agency (carried forward from 2003). In addition, the platform includes sponsorship of a state legislative resolution urging the federal government to more strictly regulate alcohol advertising targeted at youth. (Note: new policy language in italics) General Revenues/Finance Issues 1. SUPPORT the state's effort to balance its budget through actions that do not affect local government revenues or services. 2. OPPOSE any state-imposed reduction of, or use restrictions on, general purpose revenue, including vehicle license fees (VLF), sales taxes and property taxes. 3. OPPOSE efforts to limit local authority over transient occupancy taxes(TOT). 4. 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. 5. SUPPORT efforts to ensure that counties receive their fair share of state allocations, including pass-through of federal funds, for anti-terrorism and homeland security measures. 6. SUPPORT efforts to establish a date certain payment of mandated cost obligations for local govemments (SB 90 payments). 7. SUPPORT efforts to limit County financial liability for future unfunded mandates. 8. SUPPORT efforts to unconditionally return ERAF local property tax revenues to local govemments. 9. 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. 10.SUPPORT efforts to reform the state/local relationship in a way that makes both fiscal and programmatic sense for local government. 11.SUPPORT efforts to ensure that any reductions in State funding of State mandated programs are conditioned upon commensurate reductions in program mandates. 12.SUPPORT efforts to relieve California of the Federal Child Support penalties without shifting the cost of the penalties to the counties. 13.CONSIDER a balanced realignment and/or restructuring of state/county finances in programs only if an acceptable resolution is reached on VLF. 14.SUPPORT reduction in the 2/3 vote requirement for special taxes that fund high priority local services. 15.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. 16.SUPPORT efforts to reduce County costs for Workers Compensation; including the ability to control excessive medical utilization and litigation. Library Issues 17.SUPPORT SB 40 and AB 222, the new Public Library Construction Bond Acts that address new and unmet library facility needs identified in the 2000 Bond Act. 18.SUPPORT increased funding of the Public Library Fund (PLP) and !oppose any reductions beyond the FY 03-04 budget level of$15.8 million. Land UselCornmunLty Issues 19.SUPPORT efforts to promote economic incentives for "smart growth," including in-fill and transit oriented development 20.SUPPORT efforts to expand the availability 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. 21.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. 22.Continue to SPONSOR legislation to authorize a pilot program within the County Redevelopment Agency that increases the income ratio standard and broadens other eligibility criteria for the low and moderate income home ownership program. 2 23.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. Agricultural Issues 24.SUPPORT efforts to limit charges by the Department of Finance against the Agricultural Fund. 25.SUPPORT efforts to ensure sufficient State funding for pest and disease control to protect both agriculture and the native environment, including glassy winged sharpshooter control, high risk pest exclusion activities; pesticide regulatory and law enforcement activities; and weedpest management area:control. 26.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. 27.SUPPORT funding for agricultural land conservation programs and agricultural enterprise programs to protect and enhance the viability of local agriculture. Flood Control/Clean Water Issues 28.SUPPORT efforts to provide local agencies with more flexibility and options to fund clean water programs. 29.SUPPORT efforts to provide immunity to local public agencies for any liability for their clean-up of contaminations on private lands. Health Care Issues 30.SUPPORT efforts to increase revenues and to contain mandated costs in the County's hospital and clinics system. 31.OPPOSE efforts to weaken the health care safety net or reduce state health care spending, that would result in shifting health care costs or responsibilities to the County. 32.SUPPORT efforts to increase funding for breast cancer and prostate cancer awareness, public education and treatment and to ensure equitable allocation of resources for awareness and education efforts among the County's public health departments. 33.SUPPORT efforts to streamline the Healthy Family program to simplify the application process and reduce the dropout rate. 34.SUPPORT the development and institutionalization of a tracking system for use on utilization and notification of Healthy Family substance abuse benefits for youths enrolled under California's Health Family program. 35.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. 3 36.SPONSOR a resolution by the State Assembly and Senate urging the federal government to more strictly regulate alcohol advertising targeted at youth. Human Services Issues 37.SUPPORT efforts to increase County flexibility in use of CaIWORKs funds and in program requirements in order to better support the transition of welfare dependent families from welfare-to-work and self sufficiency, including, but not limited to, extending supportive services beyond the current limit; enhancing supportive services; increasing diversion and early intervention to obviate the need for aid; expanding the state earned income tax credit; expanding job retention services; expanding the eligibility definitionto 250% of the poverty level; and exempting the hard-to-serve from welfare--to-work activities and the 20% exemption or providing flexibility in the time limit (dependent upon terms and conditions of TANF reauthorization) 38.SUPPORT efforts to ensure funding of child care for CalWORKs and former CalWORKs families at levels sufficient to meet demand. 39.SUPPORT efforts to reduce County costs for In-Home Supportive Services, including but not limited to extending the required reassessment period (reduces administrative costs). 40.OPPOSE efforts to shift excess TANF funds or other allocations that•: would otherwise accrue to County health and human services programs to subsidize the State's share of In-Home Supportive Services costs. 41.SUPPORT efforts to eliminate the finger-imaging requirement for adult food stamp applicants, recognizing that the new Electronic Benefits Transfer System will be a deterrent against fraud. 42.SUPPORT efforts to streamline the Medi-Cal eligibility redetermination process in order to reduce administrative costs. 43.SUPPORT changes in State regulations to permit County Medi-Cal; eligibility staff to enroll children in the Healthy Families program. 44.SUPPORT elimination or extension of the sunset dates for the Youth Pilot Program (AB 1741) which gives the County special status with the State in qualifying for waiver of regulations andlor statutes. Law and Justice System Issues 45.SUPPORT protection of County revenues derived from undesignated court fees (non AB 233/Trial Court Funding Act). 46.SPONSOR?legislation''to authorize the Sheriff to grant school credits to inmates. 47.SUPPORT efforts to increase the sanctions andlor treatment requirements for automobile driven responsible for traffic accidents who have previous driving under the influence convictions or multiple'suspensions of their licenses. 4 ............................................................................................. ................................................. Animal Services Issues 48.SUPPORT efforts to protect local revenue sources designated for use by the Animal Services Department; i.e., animal licensing, fines and fees. 49.SUPPORT efforts to protect or increase local control and flexibility over the scope and level of animal services. 50.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. 51.SUPPORT efforts to ensure full funding of state animal services mandates, including defense of the State 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. 52.SUPPORT efforts to protect and/or increase County flexibility to provide animal services consistent with local needs and priorities. 53.SUPPORT efforts to preserve the integrity of existing County policy relating to Animal Services (e.g., the Animal Control Ordinance and land use requirements). 5 ..... ..........................1.11,.........