HomeMy WebLinkAboutMINUTES - 12202005 - D.6 d� aL .o �-
;.�
TO: BOARD OF SUPERVISORS `'. CONTRA
_ COSTA
FROM: John Sweeten, County Administrator o ;)Jaoiii>i i COUNTY
DATE: December 20, 2005 �•. = ~4
osT4 cou
SUBJECT: Federal and State Legislative Programs
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
1. ACCEPT the year end report on the County's 2005 federal and state legislative programs.
2. ADOPT the Contra Costa County 2006 Federal and State Legislative Platforms.
3. DIRECT the County Administrator to review legislation to identify bills that affect the
County's adopted legislative platforms, and to recommend appropriate positions on specific
bills for consideration by the Board of Supervisors.
4. AUTHORIZE Board members, the County's federal and state legislative representatives,
the County Administrator and Assistant County Administrator to prepare and present
information, position papers and testimony in support of the 2006 Federal and State
Legislative Platforms.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARDC MITTEE
—APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON O APPROVED AS RECOMMENDED OTHER "\
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
I n _
Contact:Sara Hoffman-335-1090
ATTESTED L
JOHN SWEETEN,CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
� cc: CAO
Nielsen Merksamer(via CAO)
Alcade&Fay(via CAO) r-� p ,y nx
Dept Heads(via CAO) BY, "� �`�–�` DEPUTY
wbrunner@hsd.co.contra-cos To shoff@cao.cccounty.us
ta.ca.us
cc
12/20/2005 01:40 PM
bcc
Subject Re: Fw: Federal&State Legislative Program
Sara,
A few brief suggestions. Under Federal:
Support for research on the Causes and Treatment of the Epidemic of Autism.
Since 1992 there has been more that a five fold increase in the number of
persons in California diagnosed with Autism Spectrum Disorder (ASD) ,
reflecting similar trends nation wide. The cause of this epidemic is unknown,
but the
cost of serving adults with autism in the community is estimated to be $34, 000
per year per person. Research into the caused and treatment of this condition
will be important in controlling costs for services to the Developmentally
. Delayed, and to improving the quality of life in our communities.
For State:
Support for Adequate Funding for Services to People with Developmental
Disabilities. The Transition of the George Miller Centers to operation by the
ARC in
Contra Costa revealed just how precarious the funding for Developmental
Disabilities services is in this state. Even an effective organization like
ARC,
with substantial support from the county, is barely able to offer quality
services based on the current state reimbursement rates. The epidemic of
autism
will only make this situation worse. Legislative support for adequate services
will benefit all the communities in Contra Costa.
Wendel Brunner PhD, MD
Director of Public Health
Contra Costa Health Services
597 Center Avenue, Suite 200
Martinez, Ca 94553
925-313-6712 Fax 6721
Visit our website at http://ccpublichealth.org
shoff@cao.cccounty.us
12/20/2005 11:52 AM
To
wbrunner@hsd.co.contra-costa.ca.us
cc
a
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Annually the County Administrator prepares a year end report for the Board of Supervisors on the
County's Federal and State Legislation Programs for that year.
2005 FEDERAL LEGISLATIVE PROGRAM
In 2005 the county's federal legislative programs focused on appropriation requests,
authorizations/appropriations under the Transportation Reauthorization bill, SAFETEA-LU, and
various policy positions, particularly those related to Indian gaming.
As in past years, in 2005, the County did very well on its appropriation requests, with significant
appropriations for priority projects:
APPROPRIATION REQUESTS 2003 2004 2005 TOTAL
AIRES — Countywide Integrated Justice $ 250,000 $625,000 $450,000 $1.325
Information System million
Contra Costa Reads! NA $ 72,000 NA $ 72,000
Library for New Juvenile Hall NA NA Pending pending
Delta Long-term Management Strategy NA $500,00 $225,000 $725,000
San Francisco to Stockton (J F Baldwin) Ship $ 750,000 $250,000 $200,000 $1.2
Channel Deepening Study million
Maintenance Dredging of Channels $5.572 $5.559 $7.607 $18.738
million million million Million
Walnut Creek Flood Control Basin Studies NA $450,000 $288,000 $738,000
TOTAL $6.572 $7.456 $8.77 $22.040
million million million million
Over the past several years Congress has been working on reauthorization of the Transportation Bill,
TEA21. The bill was enacted this year as SAFETEA-LU with a 5 year authorization, effective 2005.
Contra Costa County did very well, garnering demonstration project funding for the Brentwood-Tracy
Expressway project and the Carquinez Bay Trail Segment. In addition, e-BART was authorized as a
rail "new start".
➢ Brentwood-Tracy Expressway—$14 million for planning for development of new State Route
239, including route definition, alignment studies, community outreach and environmental
review.
➢ Carquinez Bay Trail Segment— $1 million for construction of a bicycle and pedestrian trail
between Port Costa and Martinez as part of the San Francisco Bay Trail.
➢ eBART- authorization of eBART as a rail "new start" which positions it as eligible for future
funding. Future appropriation requests may be forthcoming after BART has completed the
environmental process and preliminary engineering for the project (separately funded
through Measure C, Toll Bridge and federal formula funds).
2005 was a very busy year in Washington, D. C. with regard to policy issues of significance to Contra
Costa County. Alcalde and Fay was helpful in keeping the County informed of legislative action and
communicating the Board of Supervisors' position as appropriate. Listed below is an overview of the
status of the policy provisions contained in the County's 2005 Legislative Platform. (Note: status
report is as December 1, 2005.) As the Board knows, issues in Washington, D. C. often take years
to be resolved and, therefore, continued due diligence is necessary.
Flood Control Local Match and Cost Benefit Analyses — The House has passed legislation
authorizing various Army Corps projects (WRDA, the Water Resources Development Act of 2005),
and companion legislation has been reported by the pertinent Senate Committee, but has not yet
been considered on the Senate floor. The House bill contains the language requested by the County
with respect to the three Sec. 206 (Aquatic Ecosystem Restoration) projects: Grayson
Creek/Murderers Creek; Walnut Creek Channel; and Wildcat/San Pablo Creek Phase II. For the two
Section 1135 (Project Modifications for Improvement of the Environment) projects: Wildcat/San Pablo
Phase I; and Pinole Creek, only the credit provision was included, since these studies already
consider ecosystem restoration benefits.
The bill reported from Senate Committee contains a generic provision which the Committee asserts
will allow credit for work done on all projects before a Project Cooperative Agreement is completed.
Also in the bill is a separate provision which directs the Corps to use ecosystem restoration benefits
2
as part of developing a recommended plan for Grayson's Creek, Walnut Creek, and Wildcat Phase
Il.
Beneficial Use of Dredged Materials — As passed by the House, and reported from Committee in the
Senate, both WRDA bills contain provisions for a federal study to determine the feasibility of the
beneficial use of dredged materials consistent with the County's position. WRDA is still in process
and hopefully, will be enacted next year.
CALFED Bay Delta Authority — The Energy and Water Appropriations Bill contains $37 million for
CALFED, including $500,000 for the 180 Day Study for the Army Corps to complete a report
describing the Federal levee stability reconstruction projects and priorities that will be carried out
through 2010. The accompanying Statement of Managers language expresses the expectation of
the conferees that the Corps will budget funding for these activities in future budget submissions.
San Luis Drain — As in past years, the FY 2006 Energy and Water Appropriations bill, now enacted,
continues to include the following statutory language regarding the San Luis Drain:
SEC. 201. (a) None of the funds appropriated or otherwise made available by this Act may be
used to determine the final point of discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of California of a plan, which shall
conform to the water quality standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin
Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the 'Cleanup Program-Alternative
Repayment Plan' and the 'SJVDP-Alternative Repayment Plan' described in the report entitled
Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage
Program, February 1995 , prepared by the Department of the Interior, Bureau of Reclamation.
Any future obligations of funds by the United States relating to, or providing for, drainage service
or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal reclamation law.
In addition, the Water and Power Subcommittee of the House Resources Committee held a hearing
on the Implementation of the East Side Regional Drainage Plan as a way to Improve San Joaquin
River Water Quality. John Kopchik of the Community Development Department testified. Most
witnesses and subcommittee members agreed that a workable plan that is environmentally
responsible is needed to provide drainage to the Westside.
Agricultural Pest and Disease Control—The FY 2006 Agriculture Appropriations includes $815 million
for the Animal and Plant Health Inspections Service and $679 million for Cooperative State Research
Education and Extension Service. In addition, Congressman Pombo recently introduced H.R. 4049,
which provides funding for early pest detection and eradication.
Workforce Investment Act (WIA) Reauthorization —The House passed its version of the WIA
Reauthorization (H.R.27) and it has been referred to the Senate for consideration. The Senate
version (S. 1021) was reported out of committee for floor action on September 7, 2005. Both bills
reauthorize WIA under its current structure through 2011 and make various amendments to employer
contributions, length of State planning cycles, youth participation requirements and other provisions.
Further action is expected during the second session of the 109th Congress.
Temporary Assistance for Needy Families (TANF) Reauthorization — TANF has been extended
through the end of the first quarter of 2006 (12/31/2005). Further extensions are anticipated if the
House version of Budget Reconciliation, which includes TANF reauthorization, is not enacted prior to
the end of the year. According to NACO the current House version would severely restrict state and
local flexibility by increasing the required hours of work, limiting allowable work activities, and
increasing participation rates without providing sufficient funding to do so. The Senate reported out a
bipartisan bill (S. 667) similar to its bill from the last Congress. It allows current work activities as
under current law and expands on them.
Head Start Reauthorization — H.R. 2123 is a bipartisan bill that passed the House and been sent to
the Senate for consideration (10/28/2005). H.R.2123 contains modifications to Head Start, relating to
academic requirements, and coordination and accountability. It does not include the harmful block
grant provision. The Senate version (S.1107) has been on the calendar for floor action since August.
3
Community Development Block Grant and HOME Programs — Congress did not agree to the
Administration's proposal to eliminate CDBG, consolidate its functions and transfer the
implementation to the Department of Commerce. In 2006, $4.2 billion is provided for the CDBG, of
which $3.75 billion is the formula funds to entitlement communities and states. HOME Investments
Partnership is funded at $1.78 billion. However, these programs may continue to be a target for
consolidation by the Administration.
Telecommunications Act of 1996 Revisions —Both the House and Senate continue to work on a
rewrite of the Telecommunications Act. The House Energy and Commerce Committee is expected to
make further changes to the draft legislation early next year. The Senate is also drafting their own
version of the Act. This is a critical piece of legislation which could affect the County's cable
franchise fees, its regulatory oversight over cable services and its right to government access (CCTV
channel).
Designation of Indian Tribal Lands and Land Development - Pertinent Senate and House
Committees have held hearings on related issues. Congressman Pombo, who chairs the House
Resources Committee, has circulated drafts of legislation on such matters. The County, through
Alcalde & Fay, has provided testimony, and other formal and informal input, throughout the process,
as well as providing information in support of S113 (Feinstein). Senator McCain recently introduced
S.2078 that amends the Indian Gaming Regulatory Act for the purpose of restricting off-reservation
gaming and other purposes. Staff analysis of this bill is pending.
Help America Vote Act— Legislation has been introduced in the House that will extend the January 1,
2006 deadline for compliance with standards for voting equipment for an additional two years.
However, it is currently under review by the House Administration Committee, and staff indicates that
it will not be voted on this year (which moots the extension effort).
2005 STATE LEGISLATIVE PROGRAM
The 2005 legislative session effectively ended October 8th when Governor Schwarzenegger acted on
the remaining bills sent to him by the Legislature. The Governor's treatment of the bills sent to him in
this legislative session is reflective of the current relationship between the Legislature and Governor
Schwarzenegger: he signed the fewest number of bills this year (729) compared to any recent
Governor in previous years.
In addition to Nielsen Merksamer's work on the specific bills during the 2005 legislative session, they
spent considerable time keeping the County's legislative delegation advised of issues of importance
to the County. Nielsen Merksamer has also been instrumental in ensuring consideration of the
County's perspective on statewide legislative and budgetary issues advocated by the California State
Association of Counties (CSAC) and the Urban Counties Caucus (UCC).
2005 Legislative issues: County Sponsored Bills
For 2005, the Board of Supervisors adopted an active legislative platform, ranging from the need for
alternates to the County Retirement Board to the collection of solid waste. All but one of the County's
legislative initiatives were successful:
AB 259 (Hancock), Chapter 564 of 2005 allows all Counties that provide for solid waste collection
services pursuant to the Public Resources Code section 40059 to collect delinquent fees by placing a
lien on the property. Initially, this bill applied only to Contra Costa County, as it was believed that the
method of collection and the County's illegal dumping problems were unique. However, at the urging
of other similarly situated Counties (through CSAC) and the solid waste industry, Assembly Member
Hancock expanded the bill to apply statewide.
In the view of many key legislative staff, amending this bill to have statewide effect was a better
public policy outcome, particularly since there seemed to be nothing to warrant limiting its application
to Contra Costa County. However, statewide application of the bill has created some questions with
respect to the scope of the County's authority. One concern is the County's authority to recover
administrative fees. Nielsen Merksamer, County Staff, and County Counsel are continuing to work on
these issues with the Legislative Counsel Bureau.
AB 543 (Houston) was the second bill sponsored by the County to assist the Sheriff in obtaining
authorization for granting release credits for inmates who participate in jail education programs. This
bill granted authority to the Contra Costa County Sheriff to continue a program that had been
4
operating within the County for more than 20 years. The program allowed for modest jail time credit
for nonviolent county jail inmates who complete specified educational programs. For the second year
in a row, this bill enjoyed sufficient bipartisan support in the Legislature, but was not sent to the
Governor because of opposition to the bill by the Governor's Office. It is worth noting that, despite the
Governor's opposition to this bill last year, the County Sheriffs Office, County advocates, and the
author himself were told by one of the Governor's Deputy Legislative Secretaries that a narrow
Contra Costa County version of the bill was much more likely to earn the Governor's signature.
Nonetheless, after the author obtained approval in both houses of the Legislature, the Governor's
office advised the author that the bill would be vetoed and so he pulled it from consideration.
AB 719 (Canciamilla), Chapter 64 of 2005 permits the Contra Costa County Board of Supervisors to
appoint an alternate member for three of the county-appointed members of the County Retirement
Board. In large part, the passage of this bill was due to Nielsen Merksamer's negotiations with
various labor group representatives. As originally proposed, this bill would have permitted all four of
the county-appointed members of the County Retirement Board to be replaced with an alternate. If
one of the county members was a member of the Board of Supervisors, however, the alternate would
also have had to be a Supervisor. The bill was unopposed until the day before it was scheduled to be
heard in the Assembly Public Employees, Retirement and Social Security Committee, when the
committee staff informed Nielsen Merksamer that there was opposition from several public employee
unions. The gist of the unions' opposition was that a Supervisor should not be replaced at any
meetings of the retirement board unless the appointment of an alternate is approved by the voters.
The bill was then amended to provide for such voter approval.
AB 983 (Laird), Chapter 225 of 2005 allows Contra Costa County to join a pilot program now
operating in Santa Cruz County to provide assistance directly to a home buyer from its
Redevelopment Agency's low and moderate-income housing funds. This bill expands opportunities
for home ownership in Contra Costa County. As the Board may recall, last year the Senate Housing
Committee was opposed to a similar bill by Senator Torlakson (SB 1428) and the bill died in
committee. Senator Torlakson was instrumental in amendment of the bill to include the County in this
program extension, Nielsen Meksamer worked closely with Assembly Member Laird in advocating for
the passage and enactment of this bill.
2005 State Legislative Issues: County Supported Bills
In addition to sponsored bills, Nielsen Merksamer advocated the County's position on other
legislation of importance. Some of the more significant bills that affecting the County's interests are
as follows:
AB 783 (Jones), Chapter 714 of 2005 provides that County expenses incurred for elections
proclaimed by the Governor to fill a vacancy in specified offices are to be reimbursed by the State.
Although the Governor has issued a proclamation calling for the repayment for the costs of the
special election ballot initiatives, the Legislature has yet to approve such a measure. As part of its
legislative platform, CSAC is planning to seek legislation next year to obtain reimbursement for the
November 8th election.
AB 1248 (Umberg) was a bill that severely restricted the County's ability to charge booking fees to
other local agencies for housing detainees in county jail. This bill was actively opposed by all
Counties and their Sheriffs. Nielsen Merksamer played an active role in defeating the bill in the
Assembly Local Government Committee and conveyed the County's opposition to the Contra Costa
County legislative delegation.
AB 1296 (Hancock) Chapter 331 of 2005 enacted the San Francisco Bay Area Water Trail Act. This
bill was supported by the County because it provided a necessary trail to link access to the waters of
San Francisco Bay and Suisun Marsh.
AB 1511 (Evans) and SB 287 (Cox) Chapters 350 and 376 of 2005, respectively, were companion
measures that extended the County's ability to enter into design-build contracts. This was a multi-
county effort to which Nielsen Merksamer provided support on behalf of Contra Costa. This measure
reduces the threshold for participation in the design-build program from $10,000,000 to $2,500,000
and extends authorization for the design-build program to 2011. The measure also continues the
requirement that in order to utilize a design-build program the County must implement a labor
compliance program approved by the Department of Industrial Relations pursuant to Labor Code
Section 1771.5.
SB 399 (Escutia) would have expanded the County's lien rights against tortfeasors who injure Medi-
Cal patients. Currently, because of a fairly recent California Supreme Court decision, California's
5
Medi-Cal lien statutes were invalidated because the Court held that they were preempted by federal
Medicaid law. This bill attempted to correct this defect in the original statute and enjoyed broad
support not only from Contra Costa County (particularly because of its hospital and the bill's provider
lien expansions), but also CSAC, the UC system, the California Medical Association, Consumer
Attorneys and many others. Unfortunately, the bill was heavily opposed by the insurance industry and
consequently resulted in a Governor's veto. It is unclear whether this bill will return next year, as this
was the second year that the Governor has vetoed this proposal.
SB 861 (Speier), Chapter 668 of 2005 authorizes local governments to enact dog breed-specific
ordinances pertaining only to mandatory spay or neuter programs and breeding requirements.
Nielsen Merksamer was part of the support coalition that worked to obtain the Governor's signature
on this bill.
SB 1100 (Perata), Chapter 560 of 2005 was the hospital financing bill that was enacted to implement
the Administration's newly-negotiated waiver relating to the draw down of federal funds to treat the
Medi-Cal and uninsured population. Nielsen Merksamer's role in the hospital financing issue is
discussed below under "2005 Health Care Issues". While much of this bill's impact is yet to be
determined, the formulas contained therein appear to be acceptable to Contra Costa, whereas the
same cannot be said for other counties.
2005 State Legislative Issues - Indian Gaming
SB 288 (Battin/Duchene) was a "gut and amend" effort in the last days of the 2005 session which
would have added $30 million to the Special Distribution Fund created in the 1999 compacts
negotiated by Governor Gray Davis and distributed according to a formula enacted in SB 621
(Battin), Chapter 858, Stats 2003. SB 621 limited distribution of mitigation funds to only those local
governments in which the tribes paying into the fund are located, even though counties throughout
the state are experiencing impacts from tribal gaming. SB 288 would have continued this practice
indefinitely by eliminating the 2009 sunset date. Working with other counties who also do not receive
any mitigation funding from the Special Distribution Fund, Nielsen Merksamer opposed SB 288 in
committee and on the Assembly floor. The Legislature adjourned before the bill could be heard in the
Senate. The authors have indicated that they intend to pursue this matter again in the 2006
legislative session.
2005 State Budget Issues
The state budget was signed early in July this year and, for the most part, spared counties large
budget cuts. The budget reflected the second year of "ERAF III," which is the two-year additional
$1.3 billion shift of property taxes from local government to the state negotiated as part of the
Proposition 1A deal with the Governor. The budget fully funds Proposition 42 transportation programs
for the first time since its passage in 2002. Full funding for Proposition 42 for this fiscal year is valued
at $1.3 billion.
Surprisingly, the budget also provided for an early repayment to counties and cities of the "VLF gap
loan," which previously was not scheduled to be repaid until August of 2006. It also eliminated the
Property Tax Administration Grant Program, which is a $60 million loss to counties only. Nielsen
Merksamer worked with CSAC and other counties to convince the Legislature to restore the Property
Tax Administration grants, but in the end, time ran out on that effort.
The Legislature did little to address the ongoing structural deficit facing the state. After the budget
was signed, the Legislative Analyst projected that the 2006/07 deficit would be nearly $5 billion. The
November "California Fiscal Outlook" updating that analysis indicates a much more positive outlook
for 2006/07. Increases in revenues are expected to increase the reserve to $5.2 billion, offsetting the
projected $4 billion operating shortfall. Operating shortfalls are expected to increase in FY 07-08 to
$4.3 billion and only then begin to subside. Consequently, continued diligence is necessary to
protect funding for County programs outside of the protection of Proposition IA, such as subventions
for public safety (COPS and Juvenile Justice Grants).
2005 State Health Care Issues
Nielsen Merksamer spent a substantial amount of time assisting the County on two health care
issues: the state's hospital financing waiver (including proposed expansion of Medi-Cal managed
care to include the aged, blind and disabled); and proposed integration of all services to the Medi-
Cal/Medicare eligible elderly and disabled.
6
On the hospital financing issue, Nielsen Merksamer participated in numerous meetings with
legislators, staff and representatives of the Administration in an attempt to both improve the terms of
the waiver and to ensure the best possible implementation. In addition, they were instrumental in
rebuffing an attempt by organized labor to include a mandatory maintenance of effort for counties.
Nielsen Merksamer also were involved in discussions regarding the impact of managed care
expansion on Contra Costa County, and how the Contra Costa health plan and the county hospital
could work together to maximize opportunities.
Concerning integration of services for the elderly and the disabled, known as Acute and Long Term
Care Integration (ALTCI), Nielsen Merksamer brokered numerous discussions on possible legislation
that would both provide better services to the affected population and would position the County to
better manage costs for that population. The issue is now poised in the coming year for an
agreement among all stakeholders on a package that will achieve the County's goals. ALTCI is
among the sponsored bill proposals recommended for approval by the Board.
2006 FEDERAL LEGISLATIVE PLATFORM
Each year, the Board of Supervisors adopts a Federal legislative platform which establishes priorities
and policy positions with regard to potential federal legislation and regulation. The proposed 2006
Federal Legislative Platform includes 12 requests for appropriations; 8 appropriation support
positions and 12 policy positions.
2006 Federal Legislative Platform Appropriation Requests
In 2004, the County's Congressional delegation indicated that the County should reduce the number
of its federal appropriation requests and to submit them in priority order, with the same priority
submitted to all of the delegation members. This facilitated cooperation and coordinated action
among member of the delegation, even though some requests may be district specific. The following
list is a preliminary ranking in priority order. Adjustments to the priority order may be appropriate
once the President's budget is released in January. 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. Note however, it is difficult to anticipate
what will be in the President's Budget: the Delta LTMS has never been in the budget, while
Grayson/Murderer's Creek flood control project was in the budget in 2004, but not 2005. The
rationale for the ranking is noted at the end of each appropriation request.
Delta DeAnza Trail Gap Closure Project -- $1 million appropriation to complete the connection of the
trail to the Pittsburg/Bay Point BART Station, along Bailey Road in Bay Point. The project requires
widening the sidewalk, improving the lighting in a pedestrian tunnel, modifying a traffic signal and
relocating underground utilities along this segment of the trail on Bailey Road in Bay Point. The
project is supported by locally and regionally adopted bikeway and trail plans, because it will provide
a long-sought connection between a major regional trail and eastern Contra Costa's only BART
station. Priority Rationale: Key connection to BART for bicycle commuters.
Library for New Juvenile Hall— $87,000 appropriation to establish a public library at the new Juvenile
Hall, scheduled to open in 2005/06. More than ever before, information literacy, knowing where to
find information and how to use it, is a critical life skill. Incarcerated youth in Contra Costa County
are at a significant disadvantage in achieving information literacy. Of the 2,500 teens admitted to
Juvenile Hall annually, over 25% qualify for special education classes due to a serious learning or
other disability and more than 66% have serious truancy and school behavior problems and are at
least one year behind in school. This project will support the purchase the books, computers,
shelving, tables, chairs, other equipment and space improvements necessary to establish the library.
Priority Rationale: With the opening of the new Juvenile Hall, this funding is desperately needed
now. While the Library successfully competed for other grant funding, the $100,000 award only
meets a portion of the need. (Note: This funding was requested in 2005, however, the Labor HHS
appropriations bill passed by their Committees contained no earmarks. Congress has not yet
finalized the bill.)
ARIES Integrated Justice Information Systems - $3 million over three years to continue
implementation of the integration and interoperability of criminal justice and related information
systems for public safety agencies within Contra Costa County and information exchange with
neighboring counties of Solano and Alameda. The Automated Regional Information Exchange
System (ARIES) will give all agencies access to jail, criminal histories, mug shots, certified fingerprint
data, restraining orders information and images, contacts made by all law enforcement agencies and
7
probation and parole status of persons in the community. Access to these disparate public safety
databases will allow approximately 48 law enforcement agencies to "connect the dots" in preventing
crime and terrorist events and in identifying and locating persons of interest. Priority Rationale:
Critical law enforcement project that has received significant federal funding, $1.2 million over the
past 3 years.
State Route 4 / Old River Bridge Study — $1 million appropriation to work with San Joaquin County
and the State of California on 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 realigning and 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. Priority Rationale:
Safety and access issue for the rapidly growing East County.
Delta LTMS-Pinole Shoal Management — To be Determined" (TBD*) appropriation for the Army
Corps of Engineers to continue a Long Term Management Strategy (LTMS) for dredging and
disposal in the Delta, similar to the effort completed in the Bay area. Levee rehabilitation, beneficial
reuse of dredged sediments, dredging and other activities have been difficult to accomplish as a
result of water quality requirements established by the Central Valley Regional Water Quality Control
Board. Significant levee rehabilitation is critical to the long term stability of these levees, to water
supply in the Delta, and to the many jurisdictions in California that depend upon this water.
Stakeholders from the Department of Water Resources, Ports, Corps, levee districts, local
governments and other interested parties are participating in initial stages of LTMS development.
FFY 2007 funds would be used to implement a Delta LTMS, to enable Pinole Shoal and other
sediments to be reused for critical levee rehabilitation work, wetland restoration and other beneficial
uses. The LTMS would also ensure continuation of maintenance dredging of the navigation
channels on the San Joaquin and Sacramento Rivers. (Note: $500,000 appropriated for FFY 2005
and $225,000 for FFY 2006) Priority Rationale: Project of regional significance. Levee stability is a
high priority issue for Contra Costa County.
Delta Risk Management Strategy (DRMS) — TBD'' appropriation to the Army Corps of Engineers for
the DRMS, a compilation of a number of ongoing, concurrent studies that, over the next two years will
provide necessary information for evaluation of the risk associated with levee failure over the next 50
years. The study is a joint effort of the state Department of Water Resources (as lead), the Army
Corps of Engineers, and the Department of Fish and Game, in conjunction with CALFED. The study
is expected to assess the hazard and risk associated with continuing subsidence, sea level rise,
earthquake potential, etc; identification of probable consequences of several levee failure scenarios;
identification of highest risk areas; specific levee information; priorities for maintenance; land use
changes that could reduce risk; evaluation of alternatives to levee maintenance (ecosystem
enhancement); short and long term actions; and a number of other items. (Note: $200,000
appropriated in FFY 2006 from a $3 million request.) Rationale: Project of regional significance.
Levee stability is a critical issue for Contra Costa County.
San Francisco to Stockton (J. F. Baldwin) Ship Channel Deepening — TBD* appropriation for the
Army Corps of Engineers to continue the Ship Channel J. F. Baldwin Deepening Project, a study of
the potential for deepening the channel section an additional one 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 performed salinity modeling in the channel sections. This phase will address
remaining issues, including detailed channel design, environmental documentation, cost analysis,
additional numeric modeling and dredged material disposal options. This will ensure that the project
is as "environmentally friendly" as possible. (Note: $500,000 appropriated for FFY 2005 and
$200,000 for FFY 2006) Priority Rationale: Project of regional significance. On-going need for
funding— safety, environmental and economic issue.
Grayson and Murderer's Creek, California — TBD* appropriation for the Army Corps of Engineers to
analyze Grayson and Murderer's Creeks to determine the feasibility of providing flood control,
environmental enhancement and ecosystem restoration and fish passage through the system. The
project is designed to help improve flood protection in a densely populated area, while leaving the
creeks in a natural state, thus providing habitat for migratory birds, fish and other wildlife; increasing
neighborhood livability; and allowing for linkages with recreational and park land. (Note: $100,000
appropriated for FFY 2006) Priority Rationale: Flood control protection issue.
*Requested level to be determined(TBD), based on Army Corps of engineers determination of expenditure capability;figures usually released with the
President's Budget proposal in January.
8
Lower Walnut Creek Basin Study, California — TBD* appropriation for the Army Corps of Engineers
to analyze the lower five miles of the Walnut Creek Channel, constructed by the Army Corps in the
1950's, to restore flood capacity, provide environmental enhancements and ecosystem restoration
and evaluate fish passage through the system. The project is designed to help improve flood
protection in a densely populated area, while leaving the creek in a natural state, thus providing
habitat for migratory birds, fish and other wildlife; increasing neighborhood livability; and allowing for
linkages with recreational and park land. (Note: $188,000 appropriated for FFY 2006) Priority
Rationale: Flood control protection issue.
San Pablo/Mare Island/Pinole Shoal Channel Maintenance Dredging — TBD* million appropriation to
the Army Corps of Engineers for maintenance dredging 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 Sacramento and Stockton.
(Note $1 million appropriated for FFY 2005 and $2.988 million for FFY 2006) Priority Rationale: On-
going need for funding — safety, environmental and economic issue.
Suisun Bay Channel/New York Slough Maintenance Dredging - TBD* million 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: $4.559 million appropriated
for FFY 2005 and $4.619 million for FFY 2006). Priority Rationale: On-going need for funding —
safety, environmental and economic issue.
"180-Day" Report of the Army Corps of Engineers — TBD* appropriation to the Army Corps of
Engineers to complete a 180-Day Report detailing how funding would be spent before $90 million
dollars authorized as part of the CALFED Bay Delta Reauthorization Act, passed in January 2004,
may be appropriated for levee rehabilitation activities. The 180-Day Study components include the
collaborative Delta Risk Management Strategy; a Levee Stability Reconstruction Projects and
Priorities Report, and a Delta Levee Emergency and Response Plan. (Note $500,000 appropriated
for FFY 2006) Priority Rationale: Project of regional significance. Depending on Corps action,
advocacy may be needed for the $90 million appropriation, not the study.
2006 Federal Legislative Platform Appropriations — Support Positions
Byron Airport Master Plan — The County approved a Master Plan for the Byron Airport in June 2005,
which includes a Business Plan for project implementation. The Byron Airport is poised for future
general aviation and aviation-related development but that future growth is dependent upon
infrastructure improvements both on and around the Airport. The Business Plan prioritizes
infrastructure and the 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.
North Richmond Circulation Improvements Project - $1 million appropriation 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.
Rosie the Riveter Historic Childcare Center Restoration Project — $5 million and $3.5 million
appropriations, respectively, to retrofit and rebuild the maritime and Powers Head Start childcare
centers in the Rosie the Riveter National Park in Richmond, CA. The childcare centers have
operated continuously since World War II. Now serving 480 children and families, these childcare
centers have benefited four generations of Richmond residents.
*Requested level to be determined(TBD),based on Army Corps of engineers determination of expenditure capability;figures usually released with the
President's Budget proposal in January.
9
Carquinez Scenic Drive Say Trail Segment - $5 million appropriation to repair slide damage and
reconstruct the closed road to multi-use trail standards as part of the San 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 last year.
Help America Vote Act — When Congress enacted legislation establishing standards for voting
equipment, it recognized the need for funding compliance efforts. Contra Costa was allocated $6.8
million but has only received partial funding. The County will advocate for full funding.
Regional Watershed Planning - $250,000 appropriation to the Army Corps of Engineers to participate
in developing Regional Wetlands Permits for Placer, Sacramento, Contra Costa, Yolo, Santa Clara
and Solano counties. This project will help to integrate endangered species permits and wetlands
permits, improving and streamlining the permitting process for public and private developments and
ensuring effective conservation of wetlands and species. While regional endangered species permits
for urban growth are becoming more common, there is little precedent for receiving similar permits for
wetlands impacts under Section 404 of the Clean Water Act. This project will pilot this innovative
concept for areas such as eastern Contra Costa County that have already embarked on regional
conservation/permitting efforts.
Regional Habitat Planning and Conservation - $30 million appropriation for the development and
implementation of regional Habitat Conservation Plans in the Northern California Counties of Contra
Costa, Sacramento, Solano, Yolo, Placer and Santa Clara. Southern California Counties have
effectively used the Habitat Conservation Planning process as a springboard for attracting federal
investment in habitat and open space acquisition in their region, and this request seeks to begin
recoup a fair share of those benefits to Contra Costa and other Northern California Counties.
Environmental Windows, Science Projects, LTMS-San Francisco Bay— $1.5 million appropriation for
the Army Corps of Engineers' Environmental Windows Science Projects as part of the Bay Area Long
Term Management Strategy (LTMS). Environmental Windows are limited timeframes when dredging
(and to some extent) disposal can occur within San Francisco Bay and environs. However, the
existing windows are based on old and in some cases little or no scientific basis. This project would
identify where additional science is necessary, prioritize science projects, obtain funding and oversee
these scientific studies. The broad based coalition includes the Bay LTMS Agencies (EPA, BCDC,
Corps, Regional Water Board), resource agencies (USFWS, NOAA Fisheries, State Fish and Game)
and a number of other agencies, organizations and individuals.
2006 Federal Legislative Platform Policy Positions
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. The 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 drainage waters within the affected irrigation districts; retiring lands with severe
drainage impairment (purchased from willing sellers); and reclaiming/removing solid salts through
treatment; bird safe/bird free solar ponds and farm-based methods.
Flood Control Local Match and Cost Benefit Analyses — Currently, the County does not receive local
match credit for expenditures on flood control projects prior 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 recognize the ecological restoration, economic
development and social benefits of the projects. Language was included in the Water Resources
and Development Act in 2002, 2003, 2004 and 2005 for the local match; however, the bill has still not
been finalized. 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.
10
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 support H.R.4049 (Pombo) which would authorize and direct the
USDA to provide state and local funding for High Risk Prevention programs (also called Pest
Detection Funding).
Workforce Investment Act (WIA) Reauthorization — Congress will again consider reauthorization of
the Workforce Investment Act in 2006. In 2005, the President's budget proposed restructuring WIA
as a block grant to the states. The proposal also contained provisions that would reduce local control
over services and program expenditures. There was also a concern that the new proposed
performance measures would not necessarily reflect whether or not the program best meets the
needs of clients in a cost effective manner. The County would support reauthorization of the
Workforce Investment Act at current funding levels or higher; keeping the program at the federal level
rather than block granting it; maximizing local control, so that we can meet local needs; and
establishing reasonable performance measures.
Temporary Assistance for Needy Families (TANF) Reauthorization — TANF contains the federal
authority and funding authorizations under which the State and the County implement welfare reform
(CalWORKs). The County will continue to 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.
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 safety of vessels within those
channels. A key cost component of dredging is disposal of the dredged materials. Since beneficial
reuse of these materials has a clear public benefit, the County will continue to advocate 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, and
recreation. The study would also include 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) in 2003, 2004; and 2005; however,
the bill has not yet been finalized.
Community Development Block Grant and HOME Programs - The County's ability to continue to
provide funding to a variety of nonprofit agencies that provide critical services to lower income
residents, including financing the development of affordable housing, was threatened by the
Administration's plan to cut the CDBG and HOME programs as part of the FY 2006 federal budget.
While the proposal was defeated, it could resurface as a means to reducing the record federal deficit,
and to force more costs onto state and local governments. The County will oppose proposed cuts in
these vital community development programs.
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 2005, the
Administration's budget 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.
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
11
infrastructures to support the local economy; coordination and integration of private communication
resources for governmental emergency communication systems; preservation of local government's
taxation authority; 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. Numerous bills are being considered by Congress, including S.1504, S.1349, H.R.3146
and the draft Telecom Reform Act (in the House Energy and Commerce Committee). None
incorporate the County's concerns. The County will oppose these bills unless amended.
Designation of Indian Tribal Lands and Land Development - The Contra Costa County Board of
Supervisors has endorsed the California State Association of Counties' (CSAC) policy document
regarding development on tribal land and the policy document regarding compact negotiations for
Indian gaming. These policy statements address local government's 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 advocate
federal legislation and regulation that supports the CSAC policy documents, including continued
support for SA 13 (Feinstein).
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 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.
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, despite the fact that the County frequently issues long-term bonds to
finance capital projects with terms as long as 25 or 30 years. Market conditions can change
substantially during this time, and the economy may go through several economic cycles over such a
long period. Allowing for more than one advanced refunding of municipal bonds would enable the
County to take advantage of favorable changes in financial markets by allowing the County to
refinance outstanding debt more than once if interest rate decreases make such refinancings
financially beneficial to the County. The County will continue its support for an additional refunding.
2006 STATE LEGISLATIVE PLATFORM
Each year, the Board of Supervisors adopts a State legislative platform which establishes priorities
and policy positions with regard to potential state legislation and regulation. The 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 issues regarding the state budget and state-local relationships.
For 2006, the County's legislative program could support up to five sponsored bills, based on the size
of our program and reasonable expectations of our legislative delegation. Staff recommends that the
Board approve the following five sponsored bill proposals, all of which respond to Board articulated
priorities and/or past direction to staff:
➢ Property Tax Assessment for Unpaid Solid Waste Collection Fees — In 2005, the County
sponsored AB 259 (Hancock), which extended the authority of counties to collect delinquent
accounts via property taxes for County franchised solid waste collection services. Clean-up
language may be necessary to clarify the County's authority particularly with regard to
assessment of administrative costs. A Legislative Counsel opinion is pending on the issue.
Recommendation Rationale: This "clean-up legislation" may be necessary in order for the County to
implement AB 259, integral to achieving the Board's policy objective of reducing illegal dumping.
12
➢ Reauthorization of SB 425 (Zero Tolerance for Domestic Violence) — SB 425 authorizes
Contra Costa County to impose a fee of up to $2.00 per vital record copy to support the
County's Zero Tolerance Initiative. The current law sunsets January 1, 2007 and a report on
the results of the pilot is due to the Legislature by July 1, 2006. Under this proposal, the
County would request reauthorization of the legislation. Recommendation Rationale: SB 425
provides funding for oversight and coordination of the Zero Tolerance for Domestic Violence Initiative.
If SB 425 sunsets, there will be no funding for core staff or for activities such as training, evaluation,
systems development and grant management ($937,000 of federal grants for IFFY 2006).
➢ Contra Costa Housing Trust Fund — The shortage of affordable housing in Contra Costa
County is forcing approximately 50% of all renter households and 30% of all homeowner
households to either live in substandard or crowded conditions, or pay an inordinate
percentage of their income for housing. In August 2005, only 10% of Contra Costa County
residents could afford the median priced home, $567,000. The County is working with a
coalition of elected officials, civic leaders, businesses, faith, labor, nonprofit organizations and
builders to develop a plan and strategy to establish a Housing Trust Fund to help address this
issue. The Trust Fund will be a permanent dedicated funding source for affordable housing
developments. Under this proposal, authority would be granted to the County to collect an
additional document recording fee of $1 per page, after the 1st page of the recorded
document. This would generate approximately $2.5 million annually for the Trust Fund, based
on the current volume of recordings. Recommendation Rationale: This proposal provides a
funding source to address the affordable housing crisis in Contra Costa County, a high public policy
priority for the Board. In addition, the County Redevelopment Agency contributes financial support to
the County's State Legislative Program.
➢ Acute and Long-term Care Integration Project — The County currently operates the In-
Home Supportive Services Program (IHSS) that provides support to seniors and adults with
disabilities in their homes, as well as managing such individuals in custodial/institutional care
through the Contra Costa County Health Plan (CCHP). Employment and Human Services and
CCHP have been working together to design a continuum of care that would allow individuals
to stay in their homes as long as possible by coordinating the medical, social and supportive
benefits for seniors and disabled adults eligible for Medi-Cal or MediCare. Medicare and Medi-
Cal funding would help fund the services through a capitated rate negotiated between the
County and State. Under this proposal, a pilot program would be authorized for Contra Costa
County. Recommendation Rationale: At the direction of the Board, the Employment and Human
Services Department and Health Services Department have been working for many years on
developing this program. It is now a politically opportune time to move foreword with a pilot program.
Such opportunities may not be available in the future. Also, the Contra Costa Health Plan (CCHP)
contributes financial support to the County's State Legislative Program.
➢ Seizure and Civil Forfeiture of Vehicles Used for Illegal Dumping — Under Government
Code Section 36901, cities have express statutory authority to impose "fines, penalties, and
forfeitures" for ordinance violations. Counties do not have an analogous statute.
Consequently, cities have the statutory authority to adopt ordinances that provide for the
seizure and civil forfeitures of vehicles used for illegal dumping while counties do not. Under
this proposal, counties would be granted this authority. Recommendation Rationale: Illegal
dumping results in blight and significant costs to the County for clean-up. Also, the Public Works
Director is President of the County Engineers Association of California for 2006, and has indicated that
this issue will be a priority for the Association as well.
The following proposals for County sponsored bills are also worthwhile, although not judged
as higher priority as those recommended for sponsorship. The Board may want to consider if
they want to substitute any of the following proposals for the recommended sponsored bills.
(Note: these bill proposals will be included in the legislative platform as positions of "support" to the
extent that CSAC or other counties take the lead on the issue.)
• Municipal Energy Surcharge Revenue — Currently the County receives approximately $3.5
million annually from the Municipal Energy Surcharge. This surcharge was authorized by state
statue and is collected by PG&E from "Energy Transporters" and then remitted to the
jurisdiction in which the facility is located. The City of San Jose is attempting to use its charter
city status to capture surcharge revenues from other jurisdictions, including Contra Costa
County (although Contra Costa would suffer the greatest financial losses). PG&E is being
very supportive of the County and is protesting this attempt to redistribute the revenue.
Legislation may be necessary if the advocacy effort before the Public Utilities Commission
(PUC) is not successful. (A PUC decision is anticipated sometime in Spring 2006.)
13
• PG&E Streetlight Maintenance Standards — Currently the streetlights within the cities and the
County of Contra Costa are owned and maintained by PG&E. Frustrated by the quality of
maintenance, the cities and County have been working together to examine the feasibility of
acquiring the streetlights. In lieu, under this proposal, PG&E would be required to comply with
specific street light maintenance standards, including preventive maintenance, response to
outages, pole selection, pole painting and regular inspections of streetlights.
• Forfeitures for Violations of Ordinances — Currently, cities can impose forfeitures for violations
of ordinances, but not counties. The penalty may be fixed by fine or imprisonment or both
(maximum $1,000 fine). Under this proposal, this authority would be extended to counties.
Such authority would help the County meet its state-mandated 50% reduction in waste
entering landfills by giving the County a more effective enforcement tool for its ordinance that
requires debris from certain construction and demolition projects permitted by the County to be
diverted (recycled) or reused.
• CEQA Requirements on Affordable Housing Financing — Current law provides a statutory
exemption from the California Environmental Quality Act to state agencies for financing of
affordable housing (Section 21080.10(b) of the Public Resources Code; 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 project. Under this proposal, the statutory exemption would be extended to
local agencies.
• State Fundinq of County-run Foster Care Facilities — Under current law, only private nonprofit
providers are eligible for group home payments under the State's foster care system, Aid to
Families with Dependent Children/Foster Care (AFDC-FC). Consequently, the Summit Center
and Chris Adams Center, which together serve 50 youths, are not eligible for AFDC-FC
funding, approximately $3 million per year, depending on the number of eligible youth. (Note:
no private nonprofit providers have expressed interest in running these Centers.) Under this
proposal, an exception would be granted only for the Summit Center and Chris Adams Center.
• Funding for the Contra Costa County GIS (Geographic Information System) — The GIS is a
county-wide resource that is used by a wide variety of agencies and businesses, both inside
and outside the County. Creating and maintaining this information is quite complex and
expensive. Funding currently comes from a variety of sources including the County General
Fund, voluntary departmental contributions, grant funding and sales of GIS information.
However, a recent Attorney General's opinion has found that GIS information is "public
information" and therefore must be made available for minimal duplication costs. This
jeopardizes the financial support structure for the County's GIS. Oregon counties finance their
GIS system through a $1.00 fee on all recorded documents. These funds are then allocated
to support the GIS effort at the County level. Under this proposal, counties would be
authorized to add fees to documents when recorded, to support the GIS.
• Small Claims Court Limitations — Currently the Office of Revenue Collection can pursue
debtors in Small Claims Court only up to an amount of $5,000. While claims over this amount
can be taken to Superior Court, it is not a cost-effective means of recovering monies owed to
the County. Under this proposal, the maximum Small Claims Court collection amount would be
increased from the current $5,000 limit to $10,000 or greater. In 2005, Assemblymember
Canciamilla carried AB 1459, which increased the limit to $7,500 for individuals.
• Water Quality Violations by Small Sewer Treatment Plants — Current law requires a mandatory
minimum penalty on sewer treatment plants for water quality violations and does not allow any
of the small treatment plants in the Bay Area to apply the fine to plant improvements to correct
the violation, because of the stringency of the current regulations. Under this proposal, a tiered
method of calculating penalties based on the size of the plant would be established, as well as
a more equitable definition of financial hardship.
2006 State Legislative Platform Policy Positions
Last year, the Board requested staff to include a brief background statement on policy positions that
were not self-evident. Consequently, explanatory notes are included either as the preface to an
14
issue area or following a specific policy position. Please note that new and revised policy positions
are in italics, as are the explanations regarding policy positions.
Agricultural Issues
1. SUPPORT efforts to limit charges by the Department of Finance against the Agricultural Fund.
2. 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
weed pest management area control. Agriculture is an important industry in Contra Costa
County. Protection of this industry from pests and disease control is important for its
continued viability.
3. 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.
4. SUPPORT funding for agricultural land conservation programs and agricultural enterprise
programs to protect and enhance the viability of local agriculture. The growth in East County
and elsewhere has put significant pressure on agricultural lands, yet agriculture is important
not only for its production of fresh fruits, vegetables and livestock, but also as a source of open
space.
Animal Services Issues
1. 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. These revenue sources are the only avenues
available to supplement the County General Fund. 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.
2. 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
3. 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, chips away at local control over the scope and level of
services.
4. 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. The County invested large sums of money to comply with SB 1785.
That was done 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.
5. 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 undergoing rapid growth and changing
demographics. It is incumbent upon the Animal Services Department to be flexible enough to
adjust to the changing needs and priorities.
6. 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.
15
Child Support Services Issues
1. SUPPORT the establishment of a statewide 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.
A 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.
2. 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. This amendment clarifies
that documents prepared by the local child support agency for recording by the obligor (non-
custodial parent) or title insurance company are covered by the exemption, a technical point
that not acknowledged by all county recorder offices.
3. 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.
Eminent Domain and Redevelopment Reform Issues
1. In the aftermath of the Ke/o vs. New London, Connecticut Supreme Court decision upholding
the right of localities to utilize eminent domain to further economic development there has
been a firestorm of controversy about the issue. For California much of this controversy is
misplaced because our statutes governing the use of eminent domain for redevelopment are
much more restrictive than those in Connecticut. Nonetheless, the decision highlighted the
impact of eminent domain and redevelopment activities in a variety of areas, including but not
limited to loss of property tax revenues of other taxing agencies and consequently, their ability
to fund necessary services.
2. Since 1980, the property tax increment that is diverted to Redevelopment Agencies has grown
from 4% of all California property taxes to 10% in 2001. Contra Costa County lost $16.2
million in property tax revenues to redevelopment agencies in 2001, monies which could have
been used to support needed services for citizens and businesses. Santa Clara County and
Orange County are leading an effort to institute reforms to address "re-redevelopment,"
merging of project areas, definition of blight, use of eminent domain, and to give authority to
Boards of Supervisors in the approval, creation or modification of project areas. There is also
the possibility that a voter initiative will be placed on the ballot in 2006.
3. The Board may want to consider a workshop on these issues, to provide direction for our
legislative advocacy program.
Flood Control/Clean Water Issues
1. SUPPORT legislation to allow Regional Water Quality Control Boards greater flexibility in
assessing penalties on small sewer treatment plants for water quality violations and to
authorize application of penalty amounts to plant improvements that correct the violations. As
an example, one of our county's small treatment plants was issued a violation that represented
one year's entire operating budget. All agencies felt the best solution was to use the fine
money for fixing the problem, but the existing statues did not allow for that option.
2. SUPPORT authorization for regional approaches to compliance 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.
3. SUPPORT efforts to provide local agencies with more flexibility and options to fund clean
water programs. Stormwater requirements issued by the Regional Water Quality Control
Boards are becoming more and more expensive, yet there is no funding. Stormwater should
16
be structured like a utility with the ability to set rates similar to the other two key water services
for society, drinking water and wastewater.
4. SUPPORT efforts to provide immunity to local public agencies for any liability for their clean-up
of contaminations on private lands. Several years ago, the County had the opportunity to
receive grant funding for a clean-up project at an abandoned mercury mine, however, was
unable to perform the clean-up because of the associated liability. 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.
5. SUPPORT full funding of unpaid claims to counties for flood control subventions. The state
owes counties millions of dollars for the state-wide flood control subvention program. In 1997,
the County submitted a claim of $119,393 for Wildcat and San Pablo Creeks which is still
outstanding.
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, to "redistribute"
county General Funds to other agencies, to impose service mandates and/or regulatory requirements
without adequate compensation and to generally put counties in the difficult position of trying to meet
local service needs with inadequate resources. The policies under General Revenues/Finance
Issues reflect the desire to preserve the fiscal integrity of the County.
1. 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.
2. OPPOSE any state-imposed redistribution, reduction or use restriction on general purpose
revenue, sales taxes or 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 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. For
example, with Proposition 63 mental health funding, the Department had anticipated $12-16
million per year. The state allocation is only $7.1 million for the first 3 years, in part because
the homeless population was not considered in the allocation methodology.
6. 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.
7. SUPPORT continued efforts to reform the state/local relationship in a way that makes both
fiscal and programmatic sense for local government.
8. OPPOSE reductions in County-run State programs that shift responsibility or costs to the
County.
9. SUPPORT efforts to relieve California of the federal Child Support penalties without shifting
the cost of the penalties to the counties.
10. SUPPORT reduction in the 2/3 vote requirement for special taxes that fund high priority local
services.
11. SUPPORT efforts to authorize counties to impose forfeitures for violations of ordinances , as
currently authorized for cities. This would provide the County with the opportunity to require
deposits to assure compliance with specific ordinance requirements as well as retain the
deposit if the ordinance requirements are not met. Currently, the.County is limited to imposing
17
fines which are limited to only $100 - $200 for the first violation, which has proven to be an
ineffective deterrent in some cases.
12. 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.
13. SUPPORT efforts to reduce County costs for Workers Compensation, including the ability to
control excessive medical utilization and litigation. Worker's Compensation costs are
significant, diverting funds that could be utilized for County services. Worker's 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.
14. SUPPORT state actions that maximize federal revenues for County-run services and
programs.
15. SUPPORT legislative compliance with both the intent and language of Proposition 1A.
16. SUPPORT full State funding of all statewide special elections, including recall elections. The
2005 special election cost Contra Costa County approximately $2.5 million, none of which has
yet been reimbursed by the state.
17. 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.
Health Care Issues
1. SUPPORT efforts to increase revenues and to contain mandated costs in the County's
hospital and clinics system.
2. SUPPORT state action to implement California's Medi-Cal Hospital/Uninsured Care 1115
Waiver to ensure full Federal financial participation by creating a health coverage program
through public hospitals that would establish the provider network and set of services; qualify
eligible enrollees; issue coverage cards; and assign primary care providers. The federal
waiver provides $180 million per year for years 3 to 5 of the waiver, contingent upon the state
developing a "coverage initiative for the uninsured." The California Association of Public
Hospitals has taken the lead in structuring an initiative that would not only improve the health
status of enrollees, but also promote prudent use of health care services and ultimately lower
costs for counties and the Medi-Cal system.
3. 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. Youth in Contra Costa County, as well as state wide, are
the most underserved population in the County's Alcohol and Other Drug (AOD) Services'
caseloads. The Health Family initiative holds great potential as a funding source to address
this major deficit in our AOD treatment services.
4. SUPPORT efforts to require coverage of medically necessary alcohol and substance abuse
related disorder treatment on the same levels as other medical conditions in health care
service plans and disability insurance policies. Alcohol and drug treatment services are the
most under-funded of all health services. Neither the state nor the,federal allocations'to the
County covers medical treatment for AOD services, and so are a cost borne by the County.
5. SUPPORT efforts to transfer responsibility for inspection of above ground storage tanks from
the State Water Quality Control Board to the Certified Unified Program Agencies (CUPA),
along with current unexpended fees and fee assessment authority. Current law requires the
State Water Quality Board to inspect above ground storage tanks that contain petroleum
products and to collect fees to support the inspections. The law was initially written in
response to a catastrophic failure of a petroleum storage tank at the Shell Martinez Refinery
that released into the Shell Marsh, resulting in a significant environmental impact on the marsh
and the surrounding area. The State Water Quality Board is no longer inspecting these tanks
and the above ground storage tanks have not been inspected for the last four years. The local
CUPA's are already responsible for other hazardous materials and waste programs, including
18
the responsibility for ensuring that facilities have Spill Prevention Containment and
Countermeasures (SPCC) Plans associated with above ground storage tanks.
Human Services Issues
1. SUPPORT efforts to increase County flexibility in use of CalWORKs funds and in program
requirements in order to better support the transition of welfare dependent families from
welfare-to-work and self sufficiency, including, but not limited to, extending supportive services
beyond the current limit; enhancing supportive services; increasing diversion and early
intervention to obviate the need for aid; developing a state earned income tax credit;
expanding job retention services; developing a eligibility definition to 250% of the poverty level;
and exempting the hard-to-serve from welfare-to-work activities and the 20% exemption or
providing flexibility in the time limit (dependent upon terms and conditions of TANF
reauthorization). All of these measures would make it easier for CaIWORKs families to enter
employment services, become employed, and continue with the support they need in order to
maintain their jobs.
2. 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 CaIWORKs families. Current law
prevents CaIWORKs 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, assumably,
better maintain the parents'employment status.
3. SUPPORT efforts to ensure funding of child care for CalWORKs and former CaIWORKs
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 CaIWORKs and
post-CaIWORKs families to become and/or stay employed.
4. 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. Should the
Department of Justice develop 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.
5. SUPPORT efforts to reduce County costs for In-Home Supportive Services, including but not
limited to extending the required reassessment period. There are many administrative tasks
required in regulation for counties to follow in managing the In-Home Supportive Services
program. Options to many of these tasks would lower administrative costs while maintaining
program integrity.
6. SUPPORT efforts to eliminate the finger-imaging requirement for adult food stamp applicants,
recognizing the fraud deterrent aspects of the Electronic Benefits Transfer System.
Elimination of the finger-imaging requirement, which was originally implemented as a fraud
control measure in the old welfare programs, is viewed by many as an unnecessary or
duplicate process. The current electronic benefits transfer system combined with program
eligibility processes provides more fraud prevention/detection than does finger-imaging.
7. SUPPORT efforts to allow phone-in Medi-Cal and Food Stamp Eligibility Redeterminations as
a more cost effective benefit reassessment process. As counties such as Contra Costa
change their business models to utilize centralized service centers, some of the antiquated
process rules and requirements also need to be changed, to allow cost efficient practices.
Changing the rules to allow phone-ins for Eligibility Redeterminations is one example.
8. SUPPORT efforts to roll-out and expand Child Welfare Redesign Program Improvements
including: use of Federal ME funding for pre-placement, prevention activities; development of
caretaker recruitment and retention campaigns; extension.of Independent Living Skill services
to age 21; and, funding to implement Children's Child Welfare Workload Study Results, SB
2030. These four policies are part of the 2006 legislative agenda of the California Welfare
Directors Association which target specific program areas and funding processes which, if
changed, would enable counties to better meet their performance accountability goals, as
required under Federal and State statutes.
19
Indian Gaming Issues
Contra Costa County is currently home to the Lytton Band of the Pomo Indians' Casino in San Pablo,
a Class 11 gaming facility. There are also proposals for two additional casinos in West County, one in
North Richmond, and the other in Point Molate. 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. 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 11 casino.
1. SUPPORT efforts to insure that counties who have existing or proposed Class 11 Indian
gaming facilities receive the Special Distribution Funds.
2. OPPOSE the approval or establishment of Indian gaming facilities in Contra Costa County.
3. SUPPORT State legislative and administration actions consistent with the California
Association of Counties' policy documents on development on Indian Lands and Compact
negotiations for Indian gaming.
Land Use/Community Issues
1. SUPPORT efforts to promote economic incentives for "smart growth," including in-fill and
transit oriented development. Balancing the need for housing and economic growth with the
requirements of the voter approved urban limit line requirements of Measure J (2004) will
require maximum utilization of"smart growth"principles.
2. 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. Approximately 10% of
Contra Costa Households can afford to buy a single family home in the county and many low
income families cannot afford to rent in the county. The widening gap between prices and
incomes points to the need to increase housing affordability wherever possible. This position
supports Goals 2, 3 and 4 of the County General Plan Housing Element.
3. SUPPORT efforts to amend Section 65915 of the Government Code (amended in 2004 by SB
1818 - Hollingsworth) so that state law enhances rather than inhibits local efforts to increase
the supply of affordable housing. The provisions of law regarding density bonuses and
inducements to them should be clarified and simplified in order to encourage this avenue for
affordable housing production.
4. 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.
5. OPPOSE efforts to limit the County's ability to exercise local land use authority.
6. SUPPORT increased flexibility in the use of Redevelopment set-aside funds for low and
moderate income housing. Such flexibility would encourage creative use of these funds,
resulting in higher overall production of units.
7. 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.
8. SUPPORT efforts to identify funding mechanisms and require producer responsibility for
recycling universal waste (e.g., electronic waste and mercury containing items) that will be
banned from landfills as of 2006. Some means of disposal will be required for these items
once their useful economic life has ended. By creating a universal method of disposal, all
Californians will be treated equally.
9. SUPPORT efforts to develop a State Park Bond measure for consideration by the electorate
that provides a fair share of funding to Contra Costa County, including but not limited to per
20
capita apportionment of funds for local parks that does not differentiate between residents of
unincorporated and incorporated areas as well as funding for land acquisition and restoration
under Natural Community Conservation Plans, such as the plan being developed for East
County. In the past, the residents of unincorporated Contra Costa County have not received
their fare share of local park funds due to an inequitable allocation process. This policy would
address that inequity. In addition, funding is needed to support Natural Community
Conservation Plans.
Law and Justice System Issues
1. SUPPORT full funding of the state Juvenile Probation and Camps Funding (JPCF). In FY
2004-05, the state eliminated Probation's allocation of federal Temporary Assistance to Needy
Families (TANF) funds, and backfilled them with state General Funds. At risk is approximately
$5.2 million of revenue that supports the Orin Allen Youth Rehabilitation Facility, Home
Supervision and Juvenile Electronic Monitoring Program, and the Juvenile Community Service
program (weekend work).
Levee Issues
1. SUPPORT state funding for Delta Risk Management Strategy (DRMS Study). The Risk
Assessment Strategy is a compilation of a number of ongoing, concurrent studies that, over
the next two years will provide necessary information for evaluation of the risk associated with
levee failure over the next 50 years. The study is a joint effort of the state Department of Water
Resources (as lead), the Army Corps of Engineers, and the Department of Fish and Game, in
conjunction with CALFED. The study is expected to assess the hazard and risk associated
with continuing subsidence, sea level rise, earthquake potential, etc; identification of probable
consequences of several levee failure scenarios; identification of highest risk areas; specific
levee information; priorities for maintenance; land use changes that could reduce risk;
evaluation of alternatives to levee maintenance (ecosystem enhancement); short and long
term actions; and a number of other items.
2. SUPPORT significant state funding and legislative language supporting the Department of
Water Resources (DWR) Special Projects and Subventions Program for Delta levees, under
the Delta Flood Protection Fund. The Special Projects fund provides monies for DWR's study
of, and work on, levees. The Subventions Program is a state cost-share program to offset
costs borne by reclamation districts for levee rehabilitation activities. While SB 264
(Machado), recently chaptered, extended the program until 2008, no funding has been
identified for it.
3. ADVOCATE for Administrative and Legislative action to provide significant funding for levee
rehabilitation. Other than the Delta Flood Protection funds for special levee projects and
subventions programs, the state has directed very little funding to levees. Most recent funds
have come from other sources bond measures.
4. 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.
Library Issues
1. SUPPORT passage of the California Reading and Literacy Improvement and Public Library
Construction and Renovation Bond Act of 2006 on the June 2006 ballot. This Act will provide
$600 million for library construction and renovation. The first $300 million can go to unfunded
projects from the 2000 library construction bond. Antioch and Walnut Creek have applications
that were ranked as "outstanding" and San Ramon's application was ranked "very good".
These projects have a strong likelihood of being funded if this measure is passed by the voters
in June 2006. The second $300 million will be used to fund new projects and could be of
benefit to many communities in the County seeking funding for new libraries, including
Brentwood, Oakley, Pleasant Hill, Concord, Kensington, El Cerrito, Martinez, Bay Point and
Richmond. (Note: funds from the 2000 construction bonds were awarded to Hercules and
Lafayette for their new libraries.)
21
2. SUPPORT State financial assistance in the operation of public libraries, including full funding
of the Public Library Fund (PLF). The Contra Costa Library has lost over $1 million in PLF
funds in the last 3 years. This is the only source of state funding for public libraries.
22