HomeMy WebLinkAboutMINUTES - 12192006 - D.2 TO: BOARD OF SUPERVISORS „`.'`. CONTRA
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FROM: John Cullen, County Administrator COUNTY
DATE: December 19, 2006
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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 2006 federal and state legislative programs.
2. ADOPT the Contra Costa County 2007 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 2007 Federal and State
Legislative Platforms.
CONTINUED ON ATTACHMENT: X YES SIGNATUREY. -)(Mk fn �M
RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD C ITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
Regarding number 10 on page 16 of the 2007 Platform: "Support reduction in the 2/3 vote
requirement for special taxes that fund high priority local services," Supervisor Piepho abstained
and Supervisor Uilkema voted no
VOTE OF SUPERVISORS (except as indicated above)
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT '
f ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
VACAPT 56A-r r -_0Z SUPERVISORS ON THE DATE SHOWN.
Contact:Sara Hoffman-335-1090 'q12c,
ATTESTED
JOHN CULLEN,CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
cc: CAO `
Nielsen Merksamer(via CAO)
Alcade&Fay(via CAO) \
Dept Heads(via CAO)
BY, OL DEPUTY
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ADDENDUM to D.2
December 19, 2006
On this day,the Board of Supervisors considered adopting the Contra Costa County 2007 Federal and
State Legislative Platforms and accepting the year-end report on the County's 2006 Federal and State
legislative programs.
Sara Hoffman of the County Administrators Office presented the report to the Board and distributed a
handout: Additional Proposed 2007 State Legislative Platform Policy Positions and Background, for
consideration with the item.
Ms.Hoffman noted it will be very important to work with local regional office to advocate for local
projects, as well as for the levees. She said that items from last year's platform that have had no forward
movement are continued in the 2007 platform. She publicly thanked Senator Torlakson for his efforts in
`06 that supported Contra Costa County. Ms. Hoffman said she thought there would be many legislative
issues coming in `07 on which the Board weigh in.
Supervisor Gioia said he would like to see the pension policy in the platform.
The Chair called for public comment. The following person spoke:
Rollie Katz, Public Employees Union Local 1, said he encouraged the Board to support the repeal
of the need for a 2/3 majority vote on issues pertaining to taxes.
Chair Gioia responded to Mr.Katz to note that the Board's position on the 2/3 vote was included in the
proposed 2007 platform, as number 10 on page 16. He added that was an issue that could come back to
the Board for further discussion, if the Board so desired.
With none absent and the District N seat vacant,the Board of Supervisors took the following action by a
unanimous vote except where indicated:
ACCEPTED the report on the County's 2006 Federal and State legislative programs; ADOPTED the
2007 Federal and State Legislative Platforms[Regarding number 10 on page 16 of the 2007 platform:
"Support reduction in the 2/3 vote requirement for special taxes that fund high priority local services, "
Supervisor Piepho abstained and Supervisor Uilkema voted no]; DIRECTED the County Administrator
to review legislations that affect the County's adopted legislative platforms and to recommend
appropriate positions on specific bills for consideration by the Board; and AUTHORIZED Board
members,the County's Federal and State legislative representatives,the County Administrator and the
Assistant County Administrator to prepare and present information, position papers and testimony in
support of the 2007 Federal and State Legislative Platforms.
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. At the same time, the Board
considers its legislative platforms for the following year.
2006 FEDERAL LEGISLATIVE PROGRAM YEAR-END REPORT
In 2006, the County was poised to do very well on its FFY 2007 appropriation requests, with
significant appropriations for priority projects:
Juvenile Hall Library - $100,000 in House Labor/HHS/Education Appropriations bill.
Pinole Shoal Management, Delta Long Term Management Strategy - $500,000 in Senate Committee
Energy and Water Appropriations bill.
San Francisco to Stockton Channel Deepening - $700,000 in Senate Committee Energy and Water
Appropriations bill.
San Pablo Bay / Mare Island (Pinole Shoal Maintenance Dredging) - $2.498 million in both the
House-passed and Senate Committee-reported Energy and Water Appropriations bills.
Suisan Bay Channel Maintenance Dredging - $2.833 million in both the House-passed and Senate-
Committee-reported Energy and Water Appropriations bills.
CALFED Levee System Integrity Program - $6 million in both the House-passed and Senate
Committee-reported Energy and Water Appropriations bills.
Grayson and Murderer's Creeks Flood Control Project - $200,000 in both the House-passed and
Senate Committee-reported Energy and Water Appropriations bills.
Unfortunately, Congress enacted only two of the eleven appropriations bills for FFY 2007 prior to its
November recess. Consequently, Congress extended current funding levels under a short-term
Continuing Resolution, with an expectation that the remaining appropriation bills would be handled
after the November election. Instead, the new Democratic leadership, the incoming Chairmen of the
Senate and House Appropriations Committees, announced on December 11, 2007 that all federal
activities not funded by the Defense Appropriations or Homeland Security Appropriations bills will be
funded through the end of FFY 2007 (September 30, 2007) by a Continuing Resolution with no
earmarks included in the package. This action is unprecedented, and obviously, not to the County's
advantage.
For the Army Corps of Engineers projects, the continuing resolution brings uncertainty. Overall
funding will be the same in FFY 2007 as FFY 2006 which means that the Army Corps should have
the same funding levels for annual dredging maintenance this coming year as they did for last year.
However, without direction from Congress on how to spend the money, it appears that the Army
Corps will have discretion over allocation of its resources. Consequently, it will be very important for
the County to advocate at the regional office level for projects of importance.
Water Resources Development Act (WRDA) - Both the House and Senate passed amendments to
WRDA that authorized various Army Corps of Engineers projects and programs. These bills
contained provisions accommodating the County's objectives, including the following provisions:
• Work done by the nonfederal sponsor on flood control projects in Grayson Creek/Murderer's
Creek, Wildcat/San Pablo Creek Phase II, Walnut Creek Channel, Wildcat/San Pablo Creek,
Phase I, and Pinole Creek Channel prior to the date of the local partnership agreement with the
Army Corps of Engineers would be credited to its share of the project cost. -The House bill
contained discrete provisions for each flood control project; the Senate bill contained a general
provision providing for credit, while the accompanying committee report specifically mentions
our five projects, among 22 such project-specific mentions around the country.
• The Army Corps of Engineers should consider ecosystem restoration benefits in determining the
federal interest (cost-benefit analysis) of the Grayson Creek/Murderer's Creek, Wildcat/San
Pablo Phase II, and Walnut Creek flood control projects. This same provision was included in
both the House and Senate bills.
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• Authorization was given to the Army Corps of Engineers to conduct a feasibility study on using
Sherman Island as a dredged material rehandling facility. This provision was contained in both
the House and Senate versions of WRDA.
Unfortunately, conferees were unable to resolve other differences between the bills and so the
legislation died when the 109th Congress adjourned. It is believed that WRDA will be given priority
consideration when the 110th Congress convenes in January and could be among the first bills
considered next year.
Indian Gaming Legislation - Chairman of the House Resources Committee, Congressman Richard
Pombo's legislation did not have sufficient support to pass under suspension in the House, and the
leadership could not find the support to reconsider the legislation during the lame duck session. On
the Senate side, holds were placed on Senator Feinstein's legislation (S.113) regarding the Lytton
Band, so it was never brought to the floor. Similarly, Senator McCain's effort to amend the Indian
Gaming Regulatory Act was never considered by the full Senate.
Mt. Diablo Mercury Mine - Given the County's interest in the cleanup of the mercury mine on Mt.
Diablo, Alcalde and Fay assisted the County in preparing for its testimony before the Senate
Environment and Public Works Committee regarding proposals relating to the remediation of
abandoned mine sites. Most particularly, the County's federal advocate brought together the County
and the office of Senator Boxer, who serves on the Environment and Public Works Committee and
will be its Chair in the next Congress. While the Committee's proposal, which was opposed by the
Senator, did not progress this year, the Senator's office appears committed to helping the County
address its concerns next year through an appropriations request.
PROPOSED 2007 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 2007
Federal Legislative Platform includes 11 requests for appropriations; 10 appropriation support
positions and 14 policy positions.
2007 Federal Legislative Platform Appropriation Requests
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. The rationale for the
ranking is noted at the end of each appropriation request.
1. Mt. Diablo Mercury Mine Clean-up — $960,000 to clean up the Mt. Diablo Mercury Mine in a cost
effective, environmentally sound manner with minimal liability exposure for the County and involving
all stakeholders through an open community-based process. The project would develop a
preliminary remediation plan, identify applicable permit and environmental standard requirements,
complete appropriate federal and state environmental analysis, and help produce liability limiting
agreements among responsible parties for the clean up of the Mt. Diablo Mercury Mine. Located on
private property on the northeast slope of Mt. Diablo at the upper end of the Marsh Creek watershed,
the Mt. Diablo Mercury Mine tailings are responsible for 88% of the mercury in Marsh Creek.
Mercury levels in fish in Marsh Creek Reservoir exceed the health standard concentration of 0.5 ppm.
Priority Rationale: Senator Boxer's Office expressed interest in supporting the County in resolving
this issue.
2. 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 and modifying the sidewalk, improving the lighting in a pedestrian tunnel, modifying
a traffic signal and installing a more direct pedestrian crossing through the interchange area, 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 pedestrian and bicycle commuters and closes a gap
in this regional trail.
3. Library for New Juvenile Hall— $100,000 appropriation to support the public library at the new
Juvenile Hall. 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
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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 new Juvenile Hall, this funding is desperately needed now. While the new
Juvenile Hall Library has successfully competed for other grant funding, there is still a large unmet
need. (Note: This funding was requested in 2006 and included in the House Labor HHS
appropriations bill. However, the 2007 Continuing Resolution allows for no earmarks.
4. 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
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.
5. 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 on a regional highway connection for the rapidly growing East County.
6. Delta LTMS-Pinole Shoal Management, CA — $1 million appropriation request 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, Army Corps, levee districts, local
governments and other interested parties are participating in initial stages of LTMS development.
FFY 2008 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;
$225,000 for FFY 2006; FFY 2007 appropriation unknown at this time.) Priority Rationale: Project of
regional significance. Levee stability is a high priority issue for Contra Costa County.
7. San Francisco to Stockton (J. F. Baldwin) Ship Channel Deepening — $600,000 FFY 2008
appropriation request for the Army Corps of Engineers to continue the Ship Channel J. F. Baldwin
Deepening Project, a study of the potential for deepening channel sections an additional 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; $200,000 for FFY 2006; no FFY 2007 appropriation.) Priority Rationale: Project of regional
significance. On-going need for funding— safety, environmental and economic issue.
8. Grayson and Murderer's Creek, California — $600,000 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:
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$100,000 appropriated for FFY 2006; no FFY 2007 appropriation.) Priority Rationale: Flood control
protection issue.
9. Lower Walnut Creek Basin Study, California — $400,000 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; no FFY 2007
appropriation.) Priority Rationale: Flood control protection issue.
10. San Pablo/Mare Island Strait/Pinole Shoal Channel Maintenance Dredging - $5.3 million
appropriation request 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; $2.988 million for FFY 2006;
no FFY 2007 appropriation.) Priority Rationale: On-going need for funding — safety, environmental
and economic issue.
11. Suisun Bay Channel/New York Slough Maintenance Dredging - $5.8 million appropriation
request 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; $4.619 million for FFY 2006; no FFY 2007 appropriations.) Priority Rationale: On-
going need for funding— safety, environmental and economic issue.
2007 Federal Legislative Platform Appropriations — Support Positions
Byron Airport — 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.
CALFED Bay Delta Reauthorization Act Levee Stability Program — $18 million appropriation
request for the Army Corps of Engineers for levee rehabilitation activities. The, CALFED
Reauthorization Act, passed in January 2004, authorized $90 million, which may be appropriated for
levee rehabilitation work. The Corps has prepared a "180-Day Study" which determines how these
funds would be spent, contained in a Levee Stability Reconstruction Projects and Priorities Report.
(Note: $500,000 appropriated for FFY 2006 to enable the Corps to prepare the 180-day Report
currently before Congress).
Carquinez Scenic Drive Bay 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.
Delta Risk Management Strategy (DRMS) — $2.75 million appropriation request for the Army Corps
of Engineers for the Delta Islands and levees feasibility study (the DRMS), a compilation of a number
of ongoing, concurrent studies that, over the next 18 months will provide necessary information for
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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.)
Eastern Contra Costa Trail Network — $2 million appropriation for joint planning and trail
implementation and construction of a coordinated network of trails for walking, bicycling and
equestrian uses in eastern Contra Costa County. Eligible uses include trail projects as required to
mitigate for the closure of roads and trails by the U.S. Navy in 1995 at the Concord Naval Weapons
Station (the appropriation would augment the $1 million in Navy mitigation funds given to Contra
Costa County for implementing trail projects); planning, design and implementation or construction of
the Great California Delta Trail as authorized in SB 1556, authored by State Senator Tom Torlakson
in 2005 and signed into law by Governor Schwarzenegger in 2006, which will link Contra Costa
County and other counties in the San Joaquin/Sacramento River Delta; and a supportive network of
East Contra Costa Trails in unincorporated County areas and the Cities of Antioch, Brentwood,
Oakley and Pittsburg.
Environmental Windows, Science Projects, LTMS-San Francisco Bay — $2.6 million
appropriation request 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.
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 over-crossing 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.
Regional Habitat Planning and Conservation — $100 million appropriation increase to the
Department of the Interior Cooperative Endangered Species Conservation Fund to keep pace with
the increased number of Habitat Conservation Plans (HCPs) throughout the country and to keep
pace with rising costs. The Cooperative Endangered Species Conservation Fund awarded only $67
million nationwide this year, including $7.5 million through the Habitat Conservation Planning
Assistance Grants Program, $46 million through the Habitat Conservation Plan Land Acquisition
Grants Program and $13.9 million through the Recovery Land Acquisition Grants Program. $6.5
million was awarded this year for land acquisitions in east Contra Costa County to benefit the East
Contra Costa County HCP. Southern California Counties have effectively tapped the Cooperative
Endangered Species Conservation Fund for almost a decade to obtain significant federal investment
in habitat and open space acquisition in their region, but for Contra Costa County and other new
northern California HCPs to recoup their fair share of these funds, the overall amount of funding must
be increased by at least 100%. In addition to the East Contra Costa County HCP, regional HCPs are
also being prepared in the northern California Counties of Sacramento, Solano, Yolo, Placer, Sutter,
Yuba, EI Dorado and Santa Clara. Significant new HCPS are also underway in the states of
Washington and Nevada. The total federal allocation to the Cooperative Endangered Species
Conservation Fund has not been increased in recent years despite the rapid increase in the number
of HCPs competing for funds and the increase in land costs.
Regional Watershed Planning — $500,000 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. Also, this project should be added to the list of authorized projects
in the Water Resources Development Act (WRDA) to facilitate additional appropriations in future
years. Further, the provision of WRDA that authorizes the Army Corps to partner with local entities to
cooperatively fund dedicated permitting assistance by Army Corps staff should be continued for
another five years to provide another avenue for developing and implementing Regional Wetlands
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Permits with the Army Corps. This Regional Watershed Planning 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.
Rosie the Riveter Historic Childcare Center Restoration Project — $5.5 million appropriation to
retrofit and rebuild the Maritime Head Start childcare center in the Rosie the Riveter National Park in
Richmond, CA. This childcare center was in operation from 1943 to 2004 and was the first of its
kind.
2007 Federal Legislative Platform Policy Positions
Advance Refunding of Municipal Bonds — Advance refunding is the refinancing of bonds before
they become "callable." Current law limits local governments to a single advance refunding of bonds
issued for government facilities, which have a typical initial noncallability period of up to ten years. If
such bonds are advance refunded prior to their call date, the refunded bonds have their own typical
initial noncallability period because the original bonds cannot be advance refunded again. Instead,
the issuer has to wait until at least 60 days prior to the call date on the refunded bonds in order to
undertake a "current" refunding. Market conditions can change substantially after an initial advance
refunding, and the economy may go through several economic cycles over the long period over
which the refunded bonds are outstanding. For many issuers, the initial term to maturity may be 25
years or longer. Allowing for more than one advance refunding of municipal bonds would enable the
County to take advantage of interest rate declines by permitting the County to advance refund
outstanding refunding bonds earlier than 60 days prior to their call date. The County will continue its
support of allowing more than one advance refunding attributable to an original issue of bonds.
Agricultural Pest and Disease Control — Agriculture and native environments in Contra Costa
County continue to be threatened by a variety of invasive/exotic pests, diseases and non-native
weeds. The Federal government provides funding for research, regulation, pest exclusion activities,
survey and detection, pest management, weed control, public education and outreach. The County
will support funding in all these areas for protection of our agricultural industry and open space.
Consistent with the policy position, the County will also support legislation which would authorize and
direct the USDA to provide state and local funding for High Risk Prevention programs (also called
Pest Detection Funding).
Beneficial Use of Dredged Materials — 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 amendments to the Water Resources and Development Act (WRDA) in 2003, 2004, 2005
and 2006; 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 federal deficit, and to
force more costs onto state and local.governments. The County will oppose proposed cuts in these
vital community development programs. In addition, as part the Administration's "Community
Development Block Grant Reform Act" introduced last year, the formula used in the CDBG program
to determine a grantee's entitlement amount would be amended in several ways. If this formula
change is enacted by Congress, the County would lose approximately $1.2 million dollars or 35
percent of its CDBG grant. The County will oppose the proposed changes in the CDBG allocation
formula.
Concord Naval Weapons Station Reuse Plan — Use of the military property exchange authority for
the inland area of the Concord Naval Weapons Station without the community-based reuse planning
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process would jeopardize the expansion of homeless assistance services and programs needed by
the County. The County will support action by the U.S. Department of Defense to formally declare
the site as surplus and maintain the community-based reuse planning process, to ensure that local
priorities, particularly homeless assistance, are included in the reuse plan and development for the
site. The County supports and commends current Congressional action to protect the community-
based reuse planning process for the site, and prohibit any use of statutory exchange authority to
transfer the site prior to completion and acceptance of the community-based plan.
Cost Shifts to Local and State Government — Contra Costa County performs many of its services
and programs pursuant to federal direction and funding. Other services and programs are performed
at the behest of the state, which receives funding through the federal government. In the past, the
Administration's budget has contained significant cuts to entitlement programs and/or caps on
entitlements. Such actions could shift cost of services from the federal government to the state
and/or local governments (and to the extent that costs would shift to the state, it is highly likely that
these would be passed on to the County). The County will oppose any actions that would result in
cost shifts on federal entitlement programs or which would result on greater dependency on county
funded programs. In addition, the County will support federal and state financial assistance to aid
county and local government efforts to meet unfunded federal mandates, such as those contained in
the National Response Plan (NRP), the National Infrastructure Protection Plan (NIPP), and the
National Incident Management System (NIMS).
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 continue to
advocate for federal legislation and regulation that supports the CSAC policy documents, including
S.113 (Feinstein) limitations on reservations shopping, tightening the definition of Class II gaming
machines and greater transparency and accountability in the decision-making process.
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.
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, 2005 and 2006 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.
Head Start Reauthorization — Although Head Start Reauthorization has been delayed for four
straight years, if there is another attempt at reauthorization, the County will support legislation that
would continue the traditional governance model that includes a robust Parent Policy Council; provide
funding for mandated professional development; call for a moratorium on the National Reporting
System until the National Academy of Sciences has an opportunity to comment on its validity; and
expand Head Start income eligibility up to 150% of the Federal poverty guidelines. The County will
not support reauthorization of any bill that would allow discrimination in hiring practices by any
organization.
8
Regional Watershed Planning — The County's Regional Watershed Planning 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.
The County will advocate for addition of the County's project the list of authorized projects in WRDA
to facilitate additional appropriations in future years as well as for continued provision that
authorization for the Army Corps to partner with local entities to cooperatively fund dedicated
permitting assistance by Army Corps staff should be continued for another five years to provide
another avenue for developing and implementing Regional Wetlands Permits with the Army Corps.
San Luis Drain — The U. S. Bureau of Reclamation is in the process of NEPA/CEQA review 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.
Telecommunications Act of 1996 Revisions — The Telecommunications Act of 1996 governs local
government's role in telecommunications, primarily broadband cable that uses the County's right-of-
way as well as consumer protections. As Congress works to update the Act, the County will continue
to advocate for strengthening consumer protections and local government oversight of critical
communications technologies; local access to affordable and reliable high speed broadband
infrastructures to support the local economy; coordination and integration of private communication
resources for governmental emergency communication systems; preservation of local government's
franchise fees; preservation of the local community benefits, including but not limited to public,
education and governmental (PEG) access channels; authority for provision of municipal
telecommunication services; preservation of local police powers essential for health, safety and
welfare of the citizenry; preservation of local government ownership and control of the local public
rights-of-way; and support for ensuring that communication policy promotes affordable services for all
Americans. Numerous bills have been considered by Congress, including S.1504, S.1349, H.R.3146
and the draft Telecom Reform Act considered in the House Energy and Commerce Committee in
2006. None incorporated the County's concerns. The County will oppose all bills that do not address
the County's concerns unless appropriately amended. In addition, the Federal Communications
Commission (FCC) has recently begun consideration of rule-making that, in the opinion of local
government, goes beyond the scope of their authority in this area. The County will oppose all such
rule making efforts.
Workforce Investment Act (WIA) Reauthorization — Congress may again consider reauthorization
of the Workforce Investment Act in 2007. 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 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 will support reauthorization of the Workforce Investment Act at
current funding levels or higher; keeping the program at the federal level rather than block granting it;
maximizing local control, so that we can meet local needs; and establishing reasonable performance
measures.
9
2006 STATE LEGISLATIVE PROGRAM
YEAR-END REPORT
The 2005-06 legislative session came to a close on October 1, 2006, completing Governor
Schwa rzenegger's first full legislative cycle. The relationship between the Governor and Legislative
leaders started off on extremely rocky footing. The Governor-supported package of initiative
measures that appeared on the special election November 2005 ballot was widely perceived as
hostile to the Legislature and an attempt to avoid dealing with them. However the Governor made
clear from the beginning of the 2006 session that he understood the defeat of those measures was
an indication that the people wanted him to work with the Legislature. As a result, and due to
agreement between the Democratic leadership and the Governor on a number of important issues,
there was an "on-time" budget, approval of far-reaching measures such as the increase in the
minimum wage, as well as the passage of a comprehensive infrastructure bond package..
County Sponsored State Bills
For 2006, the Board of Supervisors' adopted legislative platform was largely successful. Three of the
County's sponsored bills passed the legislature and were signed by the Governor. In addition, many
of the other bills on which the County was active were resolved in a manner consistent with the
County position.
SB 524 (Torlakson), Chapter 633, Statutes of 2006 authorized the Board to establish different
retirement benefits for different classifications of Sheriff's Deputies, pursuant to agreement with the
Deputy Sheriff's Association (DSA). The County brought this bill to Senator Torlakson near the end
of the session, and it raised numerous technical questions. Senator Torlakson's personal attention to
the bill as well as the joint efforts of the County and the DSA were critical to its success.
SB 968 (Torlakson), Chapter 635, Statutes of 2006 repealed the December 31, 2006 sunset of the
County's "Zero Tolerance for Domestic Violence" program. In addition, it modified the program's
funding base, fees imposed on certain vital records. This fee modification was inaccurately labeled
by some as a fee increase, which caused some opposition to the bill. However, the County was able
to demonstrate the positive outcomes of the program, and the bill passed in both houses.
AB 2253 (Hancock), Chapter 765, Statutes of 2006 increased the County's ability to combat the
problem of illegal dumping. Specifically, this bill allows for a County to impound, and in some cases
forfeit, vehicles used in the commission of illegal dumping. Although the bill was scaled back from its
original version by the Speaker amid concerns expressed by the ACLU, the bill passed out of the
legislature on a bi-partisan vote and was signed by the Governor. AB 2253 sparked the interest of
many other localities who share the County's concern about the lack of enforcement tools to combat
illegal dumping. Illegal dumping is expected to be brought forward as a legislative issue in 2007,
following public release of the Integrated Waste Management Board's Illegal Dumping Enforcement
Taskforce report.
SB 521 (Torlakson) would have permitted the County to increase recording fees on certain property-
related documents. The fees would have established an on-going revenue source for the County's
Housing Trust Fund to facilitate the development of low-income housing. The bill was supported by
many housing advocates, but was opposed by the California Association of Realtors. The bill was
approved by the Senate, but failed passage in the Assembly. (Reintroduction in 2007 is proposed
under the 2007 Sponsored Bills section.)
Acute and Long-term Care Integration Project would have created a continuum of care (linking In-
home Supportive Services and Contra Costa County Health Plan programs) for seniors and adults
with disabilities who need medical, social and supportive services. Despite herculean efforts on the
part of County staff and many hours of negotiation in which Nielsen Merksamer sought to find
support for the program, there was not sufficient agreement from organized labor to develop
appropriate legislation to move this project forward. Without labors' unqualified support, a bill
authorizing the pilot had no chance of being approved by the legislature. Hopefully, that support will
emerge in the future.
State Legislative Advocacy Issues
In addition to sponsored bills, Nielsen Merksamer advocated the County's position on other
legislation of importance, ranging from health care to disaster relief and levees to election financing.
The following are some of the key areas of legislative advocacy.
State Budget Issues— The California budget process and the protection of local government revenue
was, and continues to be, a primary concern and focus of Contra Costa County advocacy efforts. In
2006, Nielsen Merksamer worked closely with others, including but not limited to CSAC and the
Urban Counties Caucus, to advocate for county programs. The 2006-07 state budget was signed
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this year prior to the July 1St fiscal year deadline for the first time in many years. Timely adoption of
the State budget is important to the County since so many of the County's programs are dependent
on State funding. With $5.5 billion deficit projected for FY 2007-08, the State budget will continue to
be a high priority for advocacy.
Land Use and Housing Issues — Over the last three years, there has been considerable legislative
activity related to housing and its impacts on land use decisions. Specifically, legislation was
introduced aimed at restricting local government's discretionary powers over land use decisions, such
as mandating specific land use decisions relating to low income housing. The County has been
active on selected legislation in this area.
Much of the activity in this area was sparked by the Supreme Court case of Kelo v. City of New
London in the summer of 2005. This case led to eminent domain "reform" efforts throughout the
country. In California, much of the discussion surrounding reform had to do with tightening the
California Redevelopment law by proposing such things as a narrowing of the "blight" definition.
The County and its advocates were part of a group that lead the way toward meaningful, yet
reasonable, reform that preserved the important powers of a county's ability to redevelop. Among
these reform efforts, SB 1210 (Torlakson) and SB 1206 (Kehoe) improved the definition of blight and
added certain notice provisions to protect individual property rights from some noted abuses of the
Redevelopment system. In addition, the County advocates worked to help defeat Proposition 90,
which would have impeded a local government's ability to acquire property for public works and other
public purposes and to enact standards and regulations to protect the public interest.
State Telecommunications Franchising — Nielsen Merksamer worked extensively with CSAC and the
League of California Cities in opposing AB 2987 (Nunez) which drastically alters the franchising of
video service providers. Unfortunately, the Legislature's desire to facilitate the delivery of "new" video
technologies to consumers outweighed some of the serious policy issues raised by local government
advocates, and the bill was approved and signed by the Governor.
AB 2987 transfers authority for franchise approval from local governments to the State, under the
jurisdiction of the Public Utilities Commission. Along with this statewide approval process comes
standardization of franchise components including customer service regulations, Public, Educational
and Governmental (PEG) channel provisions, and Institutional Network (I-NET) provision, among
others. AB 2987 eliminates the authority of local government to negotiate free service to schools,
libraries and other public buildings. Further, it restricts the ability of public officials to use the cable
system for emergency alerts.
Local government was successful in obtaining amendments to the bill which grandfathered in the
existing PEG channels, secured continued franchise fees and continued, for two years, County
access rights to the video service providers' channels in case of emergencies. However, there are
numerous technical clean-ups as well as substantive issues which will undoubtedly be addressed in
subsequent legislation. In addition, the PUC is currently considering regulations to implement the bill.
Both will require vigilance on the part of local government, to protect the interests of our residents as
much as possible.
PROPOSED 2007 STATE LEGISLATIVE PLATFORM
Each year, the Board of Supervisors adopts a State legislative platform that establishes priorities and
policy positions with regard to potential state legislation and regulation. The State Legislative
Platform includes 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.
State Sponsored Bills
For 2007, staff recommends that the Board approve the following sponsored bill proposals, one of
which would be introduced as a spot bill. These proposals respond to Board articulated priorities
and/or past direction to staff.
➢ 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
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issue in Contra Costa County. 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. Rationale: This issue was brought to the
Legislature in 2006 as SB 521 (Torlakson). Reintroduction will allow development of a
stronger local coalition to support passage of this measure. Establishing a funding source to
address the affordable housing crisis in Contra Costa County is a high public policy priority for
the Board.
➢ Children's Prevention Services — It is generally accepted that prevention programs are more
cost-effective than safety net services and also better public policy, to the extent that more
children become healthy, productive members of society as adults. However, most federal
and state programs fund safety net services, not prevention services. Contra Costa County
has taken the leadership in a variety of venues to create continuums of care that include
prevention, early intervention, safety net and remediation services.
The County Administrator's Office is currently analyzing the County's system of care for
children to identify opportunities for increased efficiency and effectiveness. Preliminary results
should be available by early January, which would leave sufficient time for introduction of a
spot bill. This would give the County time to refine the proposal and still meet legislative
deadlines. Rationale: Increasing the County's capacity to provide prevention services has
long been a priority of the County. In addition, Assemblyman-elect DeSaulnier has expressed
his interest in carrying such a bill.
State Legislative Advocacy Priorities
Each year, issues emerge through the legislative process that are of importance to the County and
require advocacy. For 2007, it is anticipated that critical issues requiring the attention of Nielsen
Merksamer, the County's advocate, will include:
State Budget — The state is currently facing a structural deficit of approximately $5.5 billion for the
budget year. The longstanding practice of state government has been to look to county government
as a means of balancing its budget. While opportunities to do so are more limited with the passage
of Proposition 1A, the magnitude of the deficit makes it certain the state will be creative in their effort
to include counties as part of its budget balancing solution.
Eminent Domain — Proposition 90 was defeated by the voters because of the broad-based coalition
of opposition that mounted an effective media campaign as well as the fact that the proponent put no
money into the measure beyond its initial qualification for the ballot. There is general agreement that
a version of Prop. 90 will come back again in 2008 unless the Legislature acts to provide protections
against taking of private property for non-public projects. Counties and cities throughout the state
have a critical interest in ensuring such reform occurs in 2007.
Telecommunications Franchising — The Telecommunications Reform Act (AB 2987 Nunez)
provides only a two-year grandfathering of the County's current franchise authority to override the
cable system for an emergency alert. Assemblymember Nunez had previously indicated his intention
to come back to the legislature to address the issue. In addition, there are numerous technical
cleanups that are necessary to eliminate inconsistencies and errors in the bill. Reopening the bill
could be positive in that local government may be able to marginally advance its position; however,
amendments could also be detrimental to our interests. Consequently, it is important for our County
to be involved in any legislative initiative in this area.
Illegal Dumping — The Integrated Waste Management Board's Illegal Dumping Task Force report is
expected to be released sometime in December or January. It is anticipated the report will spark
legislative interest in addressing this issue, which is not only costly to counties but also a blight on the
environment. Contra Costa County has been a leader in addressing this issue and will undoubtedly
want to be active in the public policy debate. ,
Water and Levees - A significant amount of legislative activity related to levees and flood control is
anticipated that could have significant negative impacts upon the County. A number of bills dealing
with levee rehabilitation, development restrictions behind levees, cost-sharing (beneficiary pays
system), sharing of flood/ levee liability, land use requirements, flood control studies, mapping and
climate change were tabled late in the last legislative session and are expected to be re-introduced.
Of particular concern is legislation potentially exposing the County to joint liability under levee
12
break/flood scenarios and other land use requirements which may complicate the ability of the
County to operate under existing mandates.
In addition, the County has been engaged in outreach with other agencies and organizations to
establish a coalition to obtain significant funds from the Proposition 1E levee bond for levees in the
western and central delta. It is anticipated that advocacy will be required as part of this effort as well.
2007 State Legislative Platform Policy Positions
As requested by the Board, a brief background statement accompanies policy positions that are not
self-evident. Explanatory notes are included either as the preface to an issue area or following a
specific policy position. Please note that new and revised policy positions are in italics, as are the
explanations regarding policy positions.
Agricultural Issues
1. 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.
2. SUPPORT continued appropriations for regulation and research on sudden oak death, a
fungal disease affecting many species of trees and shrubs in native oak woodlands. The
County's natural environment is being threatened by this disease.
3. SUPPORT funding for agricultural land conservation programs and agricultural enterprise
programs to protect and enhance the viability of local agriculture. The growth in East County
and elsewhere has put significant pressure on agricultural lands, yet agriculture is important
not only for its production of fresh fruits, vegetables and livestock, but also as a source of open
space.
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
13
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.
Child Support Services Issues
1. SUPPORT the establishment of a statewide electronic registry for the creation and
release/satisfaction of liens placed on property of a non-custodial parent as necessary to
collect delinquent child support payments. California law currently provides that recording an
abstract or notice of support judgment with a County Recorder creates a lien on real property.
This requires recording the judgment in each of the 58 counties in order not to miss a property
transaction. An electronic registry would simplify not only the creation of liens, but also the
releaselsatisfaction of liens, because there would be a single statewide point of contact, and
the entire process would be handled electronically through automated means..
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 by a local child support
agency. This amendment clarifies that documents that are prepared by the local child support
agency and then sent for recording either by the local child support agency or by the obligor
(non-custodial parent) or by a title insurance company are covered by the exemption, a
technical point 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.
4. SUPPORT efforts to ensure that the reduction caused by the federal Deficit Reduction Act of
2005 to the California Department of Child Support Services is not passed down as a
reduction to the local program. The Act places a restriction on the ability of states to use
incentive funds as the state match to draw additional federal funds. In previous years,
California used its $30 million in federal funds in child support programs. As a result, unless
the State decides to backfill the lost incentive funding, the program will be facing the prospect
of a $90 million reduction in State FY 2007-08. The estimated reduction resulting from the
loss of federal matching incentives to Contra Costa County in 2007-08 would be $1.7 million.
Eminent Domain and Redevelopment Reform Issues
In the aftermath of the successful "No on 90" campaign, it is recognized that legislation will be
required to address the unresolved eminent domain concerns resulting from the Weld vs. New
London" Supreme Court decision. The California Redevelopment Association (CRA) will be working
with representatives from the League of Cities, CSAC, environmental organizations, and the Jarvis
organization to identify common ground. The goal is to identify from the stakeholder groups a
common set of principles or provisions of a legislative solution to the Kelo concerns. It would be
advisable for the County as an individual governmental entity to wait on a position until this group has
developed something for review. Through CSAC we should support efforts to pursue appropriate
reforms, however that comes to be defined.
Redevelopment reform legislation was passed last year that addressed many county concerns about
the use of redevelopment (SB 1206). Except for the Kelo issue, it is not anticipated that there will be
a need for the legislative action in this area in 2007.
Some Eminent Domain reforms were passed last year as well. They did not address the direct issue
of Kelo (single family owner-occupied properties), but did provide for some meaningful reforms that
further protect property owners (SB 1026 Kehoe and SB 1210 Torlakson).
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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
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.
General Revenues/Finance Issues
As a political subdivision of the state, many of Contra Costa County's services and programs are the
result of state statute and regulation. The state also provides a substantial portion of the County's
revenues. However, the state has often used its authority to shift costs to counties and to generally
put counties in the difficult position of trying to meet local service needs with inadequate resources.
While Proposition 1A provided some protections for counties, vigilance is necessary to protect the
fiscal integrity of the County.
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 unless financially beneficial to the County. (Note that a
redistribution of sales and property tax may be beneficial to Contra Costa County in the event
that sales tax growth continues to lag behind property tax growth.)
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.
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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
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.
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.
18. REQUEST the Board of Equalization (BOE) provide more detailed and accurate data on the
Bradley-Burns local sales and use tax revenue administered by the BOE on behalf of local
governments.
19. SUPPORT strong Public Utilities Commission (PUC) oversight of state-franchised providers of
cable and telecommunications services, including rigorous review of financial reports and
protection of consumer interests. AB 2987 (Nunez), Chapter 700, statutes of 2006 transferred
regulatory oversight authority from local government to the PUC.
20. SUPPORT timely, full payments to Counties by the State for programs operated on their
behalf or by mandate. The State currently owes counties approximately $252 million in State
General Funds for mental health costs dating back to FY 2003-04 and continuing through FY
2005-06.
Health Care Issues
The federal Medi-cal waiver provided $180 million per year during 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.
In addition, the Governor has announced plans to propose a health care initiative for children and
families. Such an initiative could transfer responsibility to counties, without commensurate financing
structures or in a manner not compatible with the County's system.
16
1. 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.
2. SUPPORT efforts to increase revenues and to contain mandated costs in the County's
hospital and clinics system.
3. SUPPORT efforts to increase the availability of health care to the uninsured in California,
whether employed or not.
4. SUPPORT legislation that improves the quality of health care, whether through the use of
technology, innovative delivery models or combining and better accessing various streams of
revenue, including but not limited to acute and long term care integration.
5. SUPPORT legislation to protect safety net providers, both public and private. Legislation
should focus on stabilizing Medi-Cal rates and delivery modes and should advocate that these
actions are essential to the success of any effort to improve access and make health care
more affordable.
6. 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. Like other youth in California, youth in Contra Costa
County, are the most underserved population in the County's Alcohol and Other Drug (AOD)
Services' caseloads. The Healthy Family initiative holds great potential as a funding source to
address this major deficit in our AOD treatment services.
7. 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.
8. 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
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 CalWORKs families. Current law
prevents CaIWORKs from providing homeless assistance until the CaIWORKs family is
actually "on the street." This rule change would enable the County to work with CalWORKs
17
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 CalWORKs
families at levels sufficient to meet demand. The State of California has not fully funded the
cost of child care for the "working poor." Additional funding would allow more Ca1WORKs and
post-CalWORKs 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. Under an "umbrella
code," law enforcement agencies and social services departments would uniformly report
incidents of elder abuse and California would have much better data for policy and budget
development purposes.
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 IV-E 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. Changes in these areas would enable counties to better meet their performance
accountability goals, as required under Federal and State statutes.
Illegal Dumping of Waste
Contra Costa County has been a leader in seeking greater statutory control to ensure proper disposal
of waste, including holding perpetrators of illegal dumping accountable for their actions. A recent
survey indicated that cities, counties and CaITRANS collectively spend over $88 million per year on
remediation.
Recognizing that illegal dumping is a problem statewide, the Integrated Waste Management Board
convened a task force this year to address this issue. While the task force's report is not yet
finalized, it is clear that enforcement, community outreach/involvement and site maintenance and
control issues will be part of the report.
The California State Association of Counties (CSAC) has not yet developed its platform or identified
legislative priorities on illegal dumping, pending release of the report. To ensure consistency, staff
recommends that Contra Costa County also consider policy positions at that time.
Indian Gaming Issues
Contra Costa County is currently home to the Lytton Band of the Pomo Indians' Casino in San Pablo,
a Class ll 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
18
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 II 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 authority to determine if gaming machines are Class II or Class III machines.
4. 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 establishment of a CEQA exemption for 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.
9. SUPPORT efforts to identify funding mechanisms and require producer responsibility for
recycling universal waste (e.g., electronic waste and mercury containing items) that were
banned from landfills as of February 8, 2006. Some means of disposal is required for these
items once their useful economic life has ended. By creating a universal method of disposal,
all Californians will be treated equally.
19
10. SUPPORT allocations, appropriations, regulations, and rule making processes related to the
expenditure of Proposition 84 funds that provide a fair share of funding to Contra Costa
County for the water, park, and resource conservation projects funded by the Proposition,
including but not limited to a 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. In the past, the residents of unincorporated Contra
Costa County have not received their fair share of local park funds due to an inequitable
allocation process. This policy would address that inequity. In addition, funding is needed to
support the East Contra Costa County Natural Community Conservation Plan.
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).
2. SUPPORT Adult Probation Funding that would provide state funding for adult probation
services to enhance public safety and provide realistic opportunities for the rehabilitation of
probationers. The state of California is providing approximately $300 million in funding for
Juvenile probation services through the Juvenile Justice Crime Prevention Act and the former
Comprehensive Youth Services Act, now referenced to in state law as Juvenile Probation
Funding. The Probation Service Task Force, created jointly by the Judicial Council and the
California Association of Counties and staffed by the Administrative Offices of the Court,
stated in a report to the Governor and the legislature "...Probation Departments must have
stable and adequate funding to protect the public and ensure accountability and
rehabilitation..." Implementing evidence-based practices can potentially reduce the prison-
bound probation population by between 10 and 30 percent. Intervening with this population of
prison-bound probationers to increase supervision and treatment services can have a
significant impact on prison admissions and help to reduce prison overcrowding in California.
Levee Issues
1. ADVOCATE for Administrative and Legislative action to provide significant funding for
rehabilitation of levees in the western and central delta. Proposition 1E, passed in November
2006, provides for $3 billion for levees, primarily those in the Central Valley Flood Control
Program. Language is included on the bond for other delta levees, but funding is not
specifically directed. The County will work on a coalition basis to actively advocate for $1
billion in funding through this bond.
2. ADVOCATE for legislation dealing with levees, such as level and type of flood protection,
protection of local agencies from liability, beneficiary-pays programs, funding of programs for
western and central delta levees, flood insurance, and levee/land use issues.
3. 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.
4. SUPPORT state funding for Delta Risk Management Strategy (DRMS). DRMS is a
compilation of a number of ongoing, concurrent studies that will provide necessary information
for evaluation of the risk associated with levee failure over the next 50 years. The study, led by
the state Department of Water Resources is a joint effort of state and federal agencies, 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;
20
I
evaluation of alternatives to levee maintenance (ecosystem enhancement); short and long
term actions; and a number of other items.
5. Engage in the state Delta Vision program created through legislation and Governor's
Executive Order in 2006. Together with the Delta Risk Management Strategy, the Delta Vision
will ultimately determine how the Delta can become a sustainable system and ultimately, what
the final configuration of the Delta will be.
Library Issues
1. 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.
Telecommunications Issues
1. SUPPORT clean-up legislation on AB 2987 that provides for local emergency notifications
similar to provisions in cable franchises for the last 20 years. Currently our franchises require
the cable systems to carry emergency messages in the event of local emergencies. With the
occurrence of several local refinery incidents, this service is critical for Contra Costa. Under
federal law, Emergency Alert System requirements leave broad discretion to broadcasters to
decide when and what information to broadcast, emergency management offices to
communicate with the public in times of emergencies.
2. SUPPORT preservation of local government ownership and control of the local public rights-
of-way. Currently, local government has authority over the time, place, and manner in which
infrastructure is placed in their rights-of-way. The California Public Utilities Commission is
considering rulemaking that would give them jurisdiction to decide issues between local
government and telecommunication providers.
Transportation Issues
1. SUPPORT increased transportation funding and protection of current transportation funding
sources. While County voters' extension of Measure J and the transportation infrastructure
bond measure of November 2006 have increased the funds available for transportation,
additional funds are needed to complete the funding for major transportation projects such as
the Caldecott Tunnel 4t" Bore Project, eBART, and Vasco Road improvements. Funds also
are needed to meet a growing number of unfunded state and federal mandates such as the
Americans with Disabilities Act and stormwater and habitat preservation requirements. The
County supports creation of new transportation funding sources provided that the new source
does not shift revenue away from the State's General Fund.
2. SUPPORT regional coordination in addressing transportation needs. Coordinated planning
and delivery of public transit, paratransit, and rail services will help ensure the best possible
service delivery to the public. Regional coordination also will be needed to effectively deal
with the traffic impacts of Indian gaming casinos such as those in West County. Regional
coordination also will be essential to complete planning and development of important regional
transportation projects such as State Route 239, improvements to Vasco Road, completion of
remaining segments of the Bay Trail, improvements to the Delta DeAnza Regional Trail, and
the proposed California Delta Trail.
3. SUPPORT efforts to improve safety throughout the transportation system. The County
supports new and expanded projects and programs to improve safety for bicyclists,
pedestrians and wheelchair users, as well as projects to improve safety on high-accident
transportation facilities. Data on transportation safety would be improved by including global
positioning system (GPS) location data for every reported accident to assist in safety analysis
and planning. The County also supports school safety improvement programs such as
crossing guards, Safe Routes to Schools (SR2S) grants, efforts to improve the safety and
security of freight transportation system including public and private maritime ports, airports,
rail yards, railroad lines and sidings. The County also supports limits or elimination of public
liability for installing traffic-calming devices on residential neighborhood streets.
4. SUPPORT funding or incentives for the use of renewable resources in transportation
construction projects. The County seeks and supports grant programs, tax credits for
manufacturers, state purchasing programs, and other incentives for local jurisdictions to use
21
environmentally friendly materials such as the rubberized asphalt (made from recycled tires)
that the County has used as paving material on San Pablo Dam Road and Pacheco
Boulevard.
5. SUPORT streamlining the delivery of transportation projects. The length of time and amount
of paperwork should be reduced to bring a transportation project more quickly through the
planning, engineering and design, environmental review, funding application, and construction
phases. This could include streamlining the environmental review process and also
streamlining all state permitting requirements that pertain to transportation projects.
6. SUPPORT efforts to better link transportation planning and land use planning. Local
jurisdictions should be given financial or regulatory incentives for incorporating transit oriented
development in their General Plans, particularly for areas where rail stations are planned. The
County also seeks financial or regulatory assistance for implementation of existing plans for
transit-oriented development, incentives for development of additional affordable housing, and
for providing housing and transportation improvements near state-owned facilities such as
courts, schools, jails and state offices. The County supports efforts to better coordinate
planning between school districts and local jurisdictions such as joint efforts to select sites for
new schools, and funding programs that foster collaboration to help finance off-site
transportation improvements for access to schools.
22
'� 02
Additional Proposed 2007 State Legislative
Platform Policy Positions and Background
Currently there is no planned or organized system of care for young people
and their families in need of alcohol and drug treatment services. Moreover
there is a vast disparity between treatment need and treatment capacity for
adolescents. In 2002, an estimated 468,000 persons between the ages of
12 & 18 in our state had an alcohol and drug problem (abuse or
dependence) that warranted treatment. In that same year only 18,965
adolescents in that age group were actually admitted to publicly-funded
alcohol and drug programs. This number represents only 4% of the
estimated population in need of treatment. Relative to the need and
demand for this service, this is an area of the State's health care system
that has been largely ignored.
• SUPPORT state efforts to increase the scope of benefits and
reimbursement rates contained in Minor Consent Medi-Cal to give
youth suffering from substance abuse disorders access to a
continuum of care, including residential and one-on-one outpatient
treatment.
• SUPPORT efforts to give incentives to providers to establish more
youth-driven treatment facilities within the community.
• SUPPORT efforts to extend Minor Consent Medi-Cal Coverage to
incarcerated youths, many of whom are in custody due to drug
related crimes. This could greatly decrease recidivism in the juvenile
justice system.
• SUPPORT county efforts in the promotion of partnerships that
provide integrated responses to the needs of alcohol and drug
populations, including
• criminal justice, perinatal and youth as well as those populations with
co-occurring disorders.
• Support and encourage the development of strategies that include
alcohol and drug services in the provision of all culturally appropriate
health care services.
Additional Proposed 2007 State Legislative
Platform Policy Positions and Background
Currently there is no planned or organized system of care for young people
and their families in need of alcohol and drug treatment services. Moreover
there is a vast disparity between treatment need and treatment capacity for
adolescents. In 2002, an estimated 468,000 persons between the ages of
12 & 18 in our state had an alcohol and drug problem (abuse or
dependence) that warranted treatment. In that same year only 1 8,965
adolescents in that age group were actually admitted to publicly-funded
alcohol and drug programs. This number represents only 4% of the
estimated population in need of treatment. Relative to the need and
demand for this service, this is an area of the State's health care system
that has been largely ignored.
• SUPPORT state efforts to increase the scope of benefits and
reimbursement rates contained in Minor Consent Medi-Cal to give
youth suffering from substance abuse disorders access to a
continuum of care, including residential and one-on-one outpatient
treatment.
• SUPPORT efforts to give incentives to providers to establish more
youth-driven treatment facilities within the community.
• SUPPORT efforts to extend Minor Consent Medi-Cal Coverage to
incarcerated youths, many of whom are in custody due to drug
related crimes. This could greatly decrease recidivism in the juvenile
justice system.
• SUPPORT county efforts in the promotion of partnerships that
provide integrated responses to the needs of alcohol and drug
populations, including
• criminal justice, perinatal and youth as well as those populations with
co-occurring disorders.
• Support and encourage the development of strategies that include
alcohol and drug services in the provision of all culturally appropriate
health care services.
Additional Proposed 2007 State Legislative
Platform Policy Positions and Background
Currently there is no planned or organized system of care for young people
and their families in need of alcohol and drug treatment services. Moreover
there is a vast disparity between treatment need and treatment capacity for
adolescents. In 2002, an estimated 468,000 persons between the ages of
12 & 18 in our state had an alcohol and drug problem (abuse or
dependence) that warranted treatment. In that same year only 18,965
adolescents in that age group were actually admitted to publicly-funded
alcohol and drug programs. This number represents only 4% of the
estimated population in need of treatment. Relative to the need and
demand for this service, this is an area of the State's health care system
that has been largely ignored.
• SUPPORT state efforts to increase the scope of benefits and
reimbursement rates contained in Minor Consent Medi-Cal to give
youth suffering from substance abuse disorders access to a
continuum of care, including residential and one-on-one outpatient
treatment.
• SUPPORT efforts to give incentives to providers to establish more
youth-driven treatment facilities within the community.
• SUPPORT efforts to extend Minor Consent Medi-Cal Coverage to
incarcerated youths, many of whom are in custody due to drug
related crimes. This could greatly decrease recidivism in the juvenile
justice system.
• SUPPORT county efforts in the promotion of partnerships that
provide integrated responses to the needs of alcohol and drug
populations, including
• criminal justice, perinatal and youth as well as those populations with
co-occurring disorders.
• Support and encourage the development of strategies that include
alcohol and drug services in the provision of all culturally appropriate
health care services.
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