HomeMy WebLinkAboutMINUTES - 01112005 - D.3 (3) TO: BOARD CP SUPERVISORS C ONTRA
COSTA4T
FROM: John Sweeten, County Administrator x COUNTY
MATE: January 11, 2005
Ay_
SUBJECT: 2005 State Legislative Platform
SPECIFIC REQUEST(S) OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
RECOILMENDATION
1. ADOPT the Contra Costa County 2005 State Legislative Platform.
2. APPROVE for County sponsorship the four legislative proposals described in the
Background discussion fallowing.
3. DIRECT the County Administrator to review legislation introduced in 2405 to identify bills
that affect the County's adopted legislative platform, and to recommend appropriate
positions on specific bills for consideration by the Board of Supervisors.
+4. AUTHORIZE Board members, the County's state legislative representatives, the County
Administrator and Assistant County Administrator to prepare and present information,
position papers and testimony in support of the 2005 State Legislative Platform.
CONTINUED ON ATTACHMENT- YES SIGNATURE:
.._ ._-
RECOMMENDATION OF COUNTY ADMIFOSTRATER—RECOMMENDATION OF COMMITTEE
—APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON i t i' c2 It . 7577 Z APPROVED AS RECOMMENDED_. THER yg
i `e
VOTE OF SUPERVISORS
f I HEREBY CERTIFY THAT THIS IS A
_UNANIMOUS(ABSENT ` ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ASSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPE/ ORS ON THE DATE SHOWN.
Contac#:Sara Hot#►xran-336-100 ATTESTED (d;Vi(r'b '-'ti-' h
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JOHN SW TE CLERK OF
TIME SOAM OF SUPERVISORS
AND COUNTY ADMINISTRATOR
cc: CAC? s
Nielsen Merksarner{via CAO)
Dept Heads(via CAC))
BY.
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BACK( ROUNDIREASONISl FOR RECOMMENDATION(S):
Each year, the Beard 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 2005, four Board sponsored legislative proposals are recommended, all of which respond to
Board articulated priorities and/or past direction to staff. They include:
➢ Property tax assessment for unpaid solid waste collection fees -- Current law allows for
collection of delinquent accounts via property taxes only if the county directly provides solid
waste collection services. Since Contra Costa County franchises its solid waste collection,
this collection method for unpaid fees is not available to us. The proposed bill would extend
the collection authority to situations where collection services are franchised as it is in Centra
Costa County,
➢ Cost threshold for design/build projects -- Public Contract Code Section 20133 allows the
counties of Alameda, Centra Costa, Sacramento, Santa Clara, Solana, Sonoma and Tulare to
utilize design/build contracting for projects over $20 million, using either the lowest
responsible bidder or best value mechanism and the lowest responsible bidder mechanism for
projects between $10 million and $20 million. This authorization expires on January 1, 2006,
The proposed bill would continue the current authorization, lowering the threshold for both
lowest responsible bidder and best value awards to $1 million. This bill proposal would be
advocated in cooperation with the other involved counties and others who are interested in
continuing the authorization.
➢ Alternate for Board of Supervisors member appointed to the Retirement Board _ Current
law does not authorize an alternate for the Board of Supervisors member on the Retirement
Board. This bill would provide specific authorization: for Contra Costa County to appoint an
alternate to the Board member appointee on the Retirement Board.
➢ AS 2888, Educational Credits for Inmates-- In 2004, the County sponsored AB 2586, which
would have authorized the Contra Costa County Sheriff to provide educational credit to jail
inmates under specified terms and conditions. It did not pass, however, due to controversy
about whether or not it should be applicable statewide. This proposal would be a Contra
Costa-only bill.
In 2004, much of Contra Costa County's efforts with regard to legislative advocacy revolved around
budgetary issues, including Proposition 1A_ Despite the passage of Proposition 1A, it is anticipated
that 2005 will also be difficult year for the State budget and, consequently, expose the County to
proposals that would affect County-run services and programs. Consequently, there will be a
continued need to be active in the State budgetary process.
(Note: new and revised policy positions are in italics)
General Revenues/Finance Issues
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, sates taxes or property taxes.
3. OPPOSE efforts to limit local authority over transient occupancy takes (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.
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5. SUPPORT efforts to ensure that Contra Costa County receives its fair share of state
allocations, including omental health funding under Proposition 63 and pass-through of federal
funds for anti-terronsrrr and homeland security measures.
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.
11 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.
14. SUPPORT the State's efforts to increase the efficiency and effectiveness of State government
(California Performance Review) to the extent that such reform enhances the County's ability
to meet its governmental responsibilities and does not adversely affect local government
finances.
15. SUPPORT measures that will maximize federal revenues for County-run services and
programs.
16. SUPPORT legislative compliance with both the intent and language of Proposition M.
17. SUPPORT full State funding of all statewide special elections, including recall elections.
Libra[y Issues
18. SUPPORT passage of the California Reading and Literacy Improvement and Public Library
Construction and Renovation Bond Act of 2006 on the,tune 2006 ballet.
19. SUPPORT State financial assistance in the operation of public libraries, including full funding
of the Public Library Fund(PLF).
Land UselCommunit issues
20. SUPPORT efforts to promote economic incentives for"smart growth," including in-fill and
transit oriented development.
21. 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.
22. SUPPORT efforts to amend Section 65915 of the Government Cade (amended in 2004 by SB
1818 -Hollingsworth) so that stage law enhances rather than inhibits local efforts to increase
the supply of affordable housing.
23, 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.
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24. OPPOSE efforts to limit the County's ability to exercise local land use authority.
25. SUPPORT increased flexibility in the use of Redevelopment set-aside funds for low and
moderate income housing.
26. SPONSOR legislation to authorize.the County to collect unpaid solid waste collection fees
through property tax assessments.
27. SUPPORT efforts to reduce the fiscalization of land use decision-making by local government,
which favors retail uses over other lob-creating uses and housing.
28. 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.
Agricultural Issues
29. SUPPORT efforts to limit charges by the Department of Finance against the Agricultural Fund.
30. SUPPORT efforts to ensure sufficient State funding for pest and disease control to protect
bath 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.
31. 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.
32. SUPPORT funding for agricultural land conservation: programs and agricultural enterprise
programs to protect and enhance the viability of local agriculture.
33. SUPPORT establishing County level administrative civil penalty authority for fruit and
vegetable standardization violations (produce labeling).
34. SUPPORT removal of `sunsets" on the County's authority to assess administrative civil
penalties and device registration fees in the Weights and Measures program.
Flood Control/Clean Water Dues
35. SUPPORT legislation to allow Regional Water Quality Control Boards greater flexibility in
assessing penalties on small sever treatment plants for water quality violations and to
authorize application of penalty amounts to plans`improvements that correct the violations.
36. SUPPORT authorization for regional approaches to compliance with aquatic pesticide permit
issues under the purview of the State Dater Resources Control Board.
37. SUPPORT efforts to provide local agencies with more flexibility and options to fund clean
water programs.
38. SUPPORT efforts to provide immunity to local public agencies for any liability for their clean-
up of contaminations on private lands.
Health Care Issues
39. SUPPORT redesign of California's Medi-Cal program (requires a federal Medicaid waiver) to
the extent that it increases County flexibility in providing services, allows for coordinated
systems of care, increases efficiency while improving service levels and increases available
funding for the County.
40. SUPPORT efforts to increase revenues and to €ontain mandated costs in the County's
hospital and clinics system.
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41. SUPPORT efforts to increase funding for breast cancer and prostate cancer awareness,
public education and treatment and to ensure equitable allocation of resources for awareness
and education efforts among the County's public health departments.
42. SUPPORT efforts to streamline the Healthy Family program to simplify the application process
and reduce the dropout rate.
43. SUPPORT the development and institutionalization of a trading system for use on utilization
and notification of Healthy Family substance abuse benefits for youths enrolled under
California's Health Family program.
44, 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.
Human Services Issues
45. 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; expanding the state earned income tax credit;
expanding job retention services, expanding the eligibility definition to 250% of the poverty
level; and exempting the hard-to-serve from welfare-to-workk activities and the 20% exemption
or providing flexibility in the time limit (dependent upon terms and conditions of TANF
reauthorization)
46. SUPPORT efforts to ensure funding of child care for CalWORKs and former CalWORKs
families at levels sufficient to meet demand.
47. SUPPORT efforts to reduce County costs for In-Horne Supportive Services, including but not
limited to extending the required reassessment period (reduces administrative costs).
49. SUPPORT efforts to eliminate the finger-imaging requirement for adult food stamp applicants,
recognizing the fraud deterrent aspects of the Electronic Benefits Transfer System.
49. SUPPORT efforts to streamline the Medi-Cal eligibility redetermination process in order to
reduce administrative costs.
50. SUPPORT changes in State regulations to permit County Medi-Cal eligibility staff to enroll
children in the Healthy Families program.
Law and Justice System Issues
51. SUPPORT protection of County revenues derived from undesignated court fees (those not
covered by AB 233/Trial Court Funding Act),
52. SPONSOR legislation to authorize the Sheriff to grant educational credits to inmates
(introduced in 2004 as AB 2556).
53. SUPPORT reauthorization of SB 425 which authorizes Contra Costa County to collect vital
record fees up to $2 per record for oversight and coordination of the Zero Tolerance for
Domestic Violence Initiative.
54. OPPOSE realignment or reductions in funding for the juvenile justice system unless the
changes promote a full continuum of services and result in stable revenues at levels sufficient
to maintain current service levels and support any realigned responsibilities,
Animal Services issues
55. SUPPORT efforts to protect local revenue sources designated for use by the Animal Services
Department; i.e., animal licensing, fines and fees.
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55. SUPPORT efforts to protect or increase local control and flexibility over the scope and level of
animal services.
57. 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..
58. 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 5S 1755.
59. SUPPORT efforts to protect and/or increase County flexibility to provide animal services
consistent with local needs and priorities.
60. SUPPORT efforts to preserve the integrity of existing County policy relating to Animal
Services (e.g., the Animal Control Ordinance and land use requirements).
Other Issues
61, SUPPORT State legislative and administration actions consistent with the Califomia
Association of Counties' policy documents on development on Indian Lands and Compact
negotiations for Indian gaming.
62. SPONSOR legislation to authorize the Board of Supervisors in Contra Costa County to appoint
a Board member alternate to the Retirement Board.
63. SPONSOR legislation to set the cost threshold for designfbuild projects using either the lowest
responsible bidder or best value mechanism at$1 million.
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ADDENDUM TO
D.3 011105
On this day the Board considered adoption of the 2005 State Legislative Platform as
presented by Sara Hoffman, Assistant County Administrator.
Sara Hoffinan read out the list of recommendations for the Board's consideration,
including Board sponsorship of the following four bill proposals:
1. Property tax assessment for unpaid solid waste collection fees
2. Cost threshold for design/build projects
3. Alternate for Board of Supervisors member appointed to the Retirement
Board
4. AB 2586,Educational Credits for Inmates
After discussions, Supervisor Gioia proposed to amend(Bullet No.3), which would allow
an alternate to the appointee who is a Board member, as the Retiree, Treasurer and
employee had alternates. Bullet No.3 now reads:
"Current law does not authorize an alternate for the Board of Supervisors-appointed
members on the Retirement Board. This hill would provide specific authorization for
Contra Costa County to appoint an alternate Supervisor to the Board of Supervisors
member on the Retirement Board as well as an alternate for the other Board of
Supervisors appointed members".
Supervisor Gioia made reference to Assembly Bill 1732,the Hospital Financing bill, and
requested Dr. Walker, Director,Health Services Department to re-examine this bill and
see if this legislation could be used to finance a new West County Health Clinic.
Sara Hoffman presented two more policy positions for the Board's consideration. Since
these items had not been notified, Supervisor Uilkema preferred these two proposals
return to the Board next week on the consent calendar, so that the public would have an
opportunity to review and comment on these proposals.
Supervisors Uilkema registered a"no"vote on item 10, to"SUPPORT reduction in the
2/3 vote requirement for special taxes that fund high priority local services".
Supervisor Mary N. Piepho expressed her concerns and questions about the Legislative
Platform recommendations not being self-explanatory and requested more information in
the fixture. She also registered a"no"vote on item No.10.
The Chair invited the public to speak. There were no speakers.
After some discussion,the Board of Supervisors took the following action by unanimous
decision.
• Directed Dr. Walker to investigate the funding issue in Assembly Bill 1732 and
return to the Board with a determination of its feasibility as a funding source for a
new West County Health Clinic.
• Reword the alternate for the Board of Supervisors member appointed to the
Retirement Board on Bullet No.3 as noted above.
• Two policy positions proposed by Sara Hoffman will be returned to the Board
next week for their consideration on the Consent calendar. These are:
1. SUPPORT efforts to develop a State Park Bond Measure for consideration
by the electorate in 2006 that provides a fair share of funding to Contra
Costa County, including but not limited to per 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.
2. 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.
• Two "no"votes on State Legislative Policy Position No.10 by Supervisors
Uilkema and Piepho
Motion was made by Supervisor Mark DeSaulnier and seconded by Supervisor John
Gioa. Passed unanimously.