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HomeMy WebLinkAboutMINUTES - 07112006 - SD.9 SD � SE.L Contra TO: BOARD OF SUPERVISORS FROM: TRANSPORTATION, WATER AND mgiCosta INFRASTRUCTURE COMMITTEE -` 9•�.-. a ti40 DATE: JULY 11, 2006 CountySTA'coUK SUBJECT: CONSIDER ASSEMBLY BILL AB 2838 (PAVLEY), THE COASTAL ENVIRONMENTAL MOTOR VEHICLE MITIGATION PROGRAM,AND AUTHORIZE THE BOARD CHAIR TO SEND A LETTER TO ASSEMBLYMEMBER PAVLEY (COUNTYWIDE) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Option l: SUPPORT Assembly Bill AB 2838 by Assemblymember Pavley, the Coastal Environmental Motor Vehicle Mitigation Program and request amendments, and AUTHORIZE the Chair, Board of Supervisors, to execute the attached letter of support. Option 2:AUTHORIZE the Chair,Board of Supervisors,to execute the attached letter to Assemblymember Pavley requesting amendments be made to Assembly Bill AB 2838 prior to the Board taking a position on the bill. CONTINUED ON ATTACHMENT: L] SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON _ APPROVED AS RECOMMENDED _� OTHER The Board approved Option':f.,Supervisor Uilkema cast a vote of opposition,citing that she is not opposed to the program but is opposed to adding additional fees to_vehicle registration. VOTE OF SUPERVISORS: r Httct,ts Y UtK 1-11,Y I HAF THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS("ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE t�� AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Mitch Avalon(313-2203) RMA:lz G:\Admin\Mitch\bo\2006\AB 2838 7-11-06.doc ATTESTED ('� 1 ©u JOHN CULLEN,CLEIZK OF THE BOARD OF SUPERVISORS cc: John Cullen,CAO Sara Hoffman,CAO Maurice Shin,PW � Greg Connaughton,PW EPUTY Steve Goetz,CDD Don Freitas,Clean Water Program Tom Dalziel,Clean Water Program John Kopchik,CDD SUBJECT: CONSIDER ASSEMBLY BILL AB 2838(PAVLEY),THE COASTAL ENVIRONMENTAL MOTOR VEHICLE MITIGATION PROGRAM,AND AUTHORIZE THE BOARD CHAIR TO SEND A LETTER TO ASSEMBLYMEMBER PAVLEY(COUNTYWIDE) DATE: JULY 11, 2006 PAGE: 2 of 3 FISCAL IMPACT: It is anticipated that AB 2838 will result in approximately $1,620,000 per year as drafted (30% local share) or $2,200,000 if amended (40%local share)that would be received directly by Contra Costa County. An additional $3,780,000 in funds($3,200,000 if amended)would be available each year for the County and other eligible entities to apply for through a grant program with the Coastal Conservancy. REASONS FOR RECOMMENDATIONS AND BACKGROUND: For the past several years the Board has supported the concept of funding stormwater quality and watershed improvement programs through vehicle registration fees, which are viewed as a user fee and not a tax. A vehicle license fee is essentially a personal property tax that is returned to local government,whereas a vehicle registration fee is a user fee to pay the cost of mitigating the impact of motor vehicles, such as funding the Highway Patrol and the Department of Motor Vehicles. The concept for AB 2838 was first introduced by Assemblymember Nation in 2001. That bill was AB 104,which later evolved into AB 204, and only pertained to the Bay Area counties. AB 2838 authorizes a county Board of Supervisors to request the Coastal Conservancy to establish a $6 fee on the registration of vehicles within their county. This legislation would direct 30% of the revenue collected to go to the County to fund the Contra Costa Clean Water Program. It would also direct 70%of the revenue to the Coastal Conservancy for grants to be allocated within Contra Costa County to mitigate the impacts of motor vehicles. AB 2838 is the same legislation that was proposed last year as SB 658 (Kuehl), which expanded AB 204 to include the coastal counties. Last year the Board supported SB 658 with two amendments. Those amendments were the following: • Increase the portion of funding to the County from 30%to 40%. • Include city participation in deciding where the local funding would be spent, or alternatively indicate for' Contra Costa County the local funding would be directed to the County to be transferred to the Contra Costa Clean Water Program (an entity representing the County and the cities). These amendments were consistent with AB 204 which had 40% of funds returned to counties and included city participation in determining how the funds were spent. AB 204 required resolutions by the County Board of Supervisors and the City Council's of a majority of the cities representing a majority of the population to determine where the local funds would be deposited. AB 2838 directs the local funds(30%of the revenue collected)directly to the County. There is no provision for input or cost sharing with the cities even though the vehicle registration fees collected will include residents living in cities. The expectation with AB 2838, as with AB 204, is that the revenue directed to the County would go to the Contra Costa Clean Water Program to mitigate the impacts of motor vehicles on stormwater quality. Projects and programs eligible to receive grant funding from funds administered by the Coastal Conservancy would include creek restoration,bank stabilization and erosion reduction,wetland and watershed revegetation,restoration and enhancement, and acquisition of waterway and watershed land. Projects and programs must demonstrate the ability to improve water quality and mitigate the impact of motor vehicles on the environment to receive grant funds. y SUBJECT: CONSIDER ASSEMBLY BILL AB 2838(PAVLEY),THE COASTAL ENVIRONMENTAL MOTOR VEHICLE MITIGATION PROGRAM,AND AUTHORIZE THE BOARD CHAIR TO SEND A LETTER TO ASSEMBLYMEMBER PAVLEY(COUNTYWIDE) DATE: JULY 11, 2006 PAGE: 3 of 3 Examples would include the purchase of the Pacheco Marsh property,developing classroom curriculum for teachers on water quality, creek restoration components of the Grayson Creek/Murderers' Creek or Lower Walnut Creek Channel project,any program currently conducted by the County or cities through our NPDES program,restoration of the Marsh Creek Reservoir expansion, purchase of property for the Knightsen Wetlands Biofilter, Creek bank restoration at the Appian Way Library, restoration of wetlands near McAvoy harbor, etc. While passage of AB 2838 would be a much needed funding boost for our Clean Water Program,it will not solve all the funding needs anticipated to comply with the new and evolving clean water regulations. Additional funding will ultimately be needed through mechanisms such as a ballot vote for an assessment increase or a Proposition 218 exemption for stormwater as proposed last year by ACA 13. The Committee recommends the Board consider taking a position on AB 2838 by approving Option 1 or Option 2. Attached are letters from the Board for AB 2838, one for each option. CONSEQUENCES OF NEGATIVE ACTION Board position/comments on Assembly Bill AB 2838 would not be sent to the legislature. The Board of Supervisors Contra John Cullen Clerk of the Board ostaand County Administration Building County Administrator 651 Pine Street,Room 106 County (925)335.1900 Martinez,California 94553-4068 s t John Gioia,District 1 0E'"------` Gayle B.[iiikenra,District It Mary Piepho,District III A4ark DeSaulnier,District IV Federal D.Clover, District V o. ailiiit SpA.COUN'� July 11 2006 Draft Letter Option One Assemblymember Pavley P.O. Box 942849 Sacramento, CA 94249-0041 Subject: AB 2838 Dear Assemblymember Pavley: The Contra Costa County Board of Supervisors supports Assembly Bill 2838 (AB 2838), and requests the bill be amended as follows: • Increase the portion of funding to the County from 30% to 40%. • Include city participation in deciding where the local funding would be spent, or alternatively indicate for Contra Costa County the local funding would be directed to the County to be transferred to the Contra Costa Clean Water Program (an entity representing the County and the cities). These two changes would be consistent with AB 204 from a prior years legislative session. AB 204 was a bill similar to AB 2838 that Bay Area counties worked together on for several years. AB 204 had 40% of funds returned to counties and included city participation in determining how the funds were spent. When the Clean Water Act was adopted in 1972, agencies focused on point-source pollution. Much of the pollution at that time came from wastewater treatment plants. Many of these plants were upgraded with federal funding through grant programs. Today, the remaining pollution comes primarily from non- point sources. Non-point source pollution is more complex, more difficult to recognize and more expensive to clean up than point-source pollution. Clean up of non-point source pollution has fallen on the cities and counties, and unfortunately there is no corresponding federal grant program as there was for point-source pollution. Cities and counties in the Bay Area have established clean water programs to address the water quality issues and permit requirements from the Regional Water Quality Control Boards. Many cities and counties view their clean water program as yet another unfunded mandate by the State and Federal government. Contra Costa County is a "self help" county in that we have added a tax for transportation improvements and each parcel pays an annual clean water assessment. Our clean water assessment is at its maximum rate and cannot be raised without a Proposition 218 vote. New permit requirements 0 r , Senator Pavley July 11, 2006 Page 2 imposed by the Regional Water Quality Control Board will increase our clean water program costs significantly. AB 2838 will provide an important source of funding directly to our Contra Costa Clean Water Program, in addition to providing funding on a countywide basis that the County, cities, and other entities can apply for through the Coastal Conservancy. Passage of this legislation will authorize a program in the Bay Area and coastal counties to fund projects that mitigate the adverse impacts of motor vehicles and related infrastructure on our natural environment, especially water quality, wetlands, riparian areas, watersheds and associated habitats. The most pervasive water quality problems today come from non-point source pollution, and runoff from streets and roads is the largest source of the trouble. We support AB 2838, and respectfully request its amendment, and appreciate your interest and efforts in helping to mitigate the pollution caused by motor vehicles. If you have any questions, please contact Mitch Avalon at (925) 313-2203. Sincerely, Supervisor John Gioia Chair, Board of Supervisors JG:RMA:lz G:\Admin\Mitch\2006\Senator Pavley ltr 1 7-11-06.doc c: Arnold Schwarzenegger,Governor of California State Capitol Building Sacramento,California 95814 J.Cullen,County Administrator S.Hoffman,County Administrator's Office M.Shiu,Chief Engineer,Flood Control District M.Avalon,Deputy Chief Engineer,Flood Control District G.Connaughton,Assistant Chief Engineer,Flood Control District D.Freitas,Clean Water Program J.Kopchik,Community Development The Board of Supervisors Contra John Cullen Clerk ofthe Board Costaand County Administration'Building County Administrator 651 Pine Street,Room 106 County (925)335-1900 Martinez.California 94553-4068 s t .Toho(:iota,District 1 dE•'"....."• Gayle B.L"ilkema,District 11 Mary Piepho,District 111 Mark DeSaulnier,District IV Federal D.Glover, District V o: Sra'c6urt`t'{ July 11, 2006 Draft Letter Option Two Assemblymember Pavley �► P.O. Box 942849 Sacramento, CA 94249-0041 Subject: AB 2838 Dear Assemblymember Pavley: The Contra Costa County Board of Supervisors recommends Assembly Bill 2838 (AB 2838) be amended as follows: • Increase the portion of funding to the County from 30%to 40%. • Include city participation in deciding where the local funding would be spent, or alternatively indicate for Contra Costa County the local funding would be directed to the County to be transferred to the Contra Costa Clean Water Program (an entity representing the County and the cities). These two changes would be consistent with AB 204 from a prior years legislative session. AB 204 was a bill similar to AB 2838 that Bay Area counties worked together on for several years. AB 204 had 40% of funds returned to counties and included city participation in determining how the funds were spent. We recommend amending AB 2838 as noted and appreciate your interest and efforts in helping to mitigate the pollution caused by motor vehicles. If you have any questions, please contact Mitch Avalon at(925) 313-2203. Sincerely, Supervisor John Gioia Chair, Board of Supervisors JG:RMA:lz G:\Admin\Mitch\2006\Senator Pavley 7-11-06.doc c: Arnold Schwarzenegger,Governor of California State Capitol Building Sacramento,California 95814 J.Cullen,County Administrator S.Hoffman,County Administrator's Office M.Shiu,Chief Engineer,Flood Control District M.Avalon,Deputy Chief Engineer,Flood Control District G.Connaughton,Assistant Chief Engineer,Flood Control District D.Freitas,Clean Water Program J.Kopchik,Community Development The Board of Supervisors Contra John Cullen P Clerk of'Ihe Board Costa and County-Administration Building Count):Administrator 651 Pine Street, Room 106 County (925) 1900 Martinez, California 94553-4068 s L John Gioia,District I ' Gavle B.Uilkema,District 11 ti Mary Piepho,District 111 Mark DeSaulnier,District IV FederalD.D.Glover, District V srd'codK`t t July 11, 2006 Assemblymember Pavley P.O. Box 942849 Sacramento, CA 94249-0041 Subject: AB 2838 Dear Assemblymember Pavley: The Contra Costa County Board of Supervisors supports Assembly Bill 2838 (AB 2838), and requests the bill be amended as follows: • Increase the portion of funding to the County from 30%to 40%. • Include city participation in deciding where the local funding would be spent, or alternatively indicate for Contra Costa County the local funding would be directed to the County to be transferred to the Contra Costa Clean Water Program (an entity representing the County and the cities). These two changes would be consistent with AB 204 from a prior years legislative session. AB 204 was a bill similar to AB 2838 that Bay Area counties worked together on for several years. AB 204 had 40% of funds returned to counties and included city participation in determining how the funds were spent. When the Clean Water Act was adopted in 1972, agencies focused on point-source pollution. Much of the pollution at that time came from wastewater treatment plants. Many of these plants were upgraded- with federal funding through grant programs. Today,the remaining pollution comes primarily from non- point sources. Non-point source pollution is more complex, more difficult to recognize and more expensive to clean up than point-source pollution. Clean up of non-point source pollution has fallen on the cities and counties, and unfortunately there is no corresponding federal grant program as there was for point-source pollution. Cities and counties in the Bay Area have established clean water programs to address the water quality issues and permit requirements from the Regional Water Quality Control Boards. Many cities and counties view their clean water program as yet another unfunded mandate by the State and Federal government. Contra Costa County is a "self help" county in that we have added a tax for transportation improvements and each parcel pays an annual clean water assessment. Our clean water assessment is at its maximum rate and cannot be raised without a Proposition 218 vote. New permit requirements Senator Pavley July 11, 2006 Page 2 'imposed by the Regional Water Quality Control Board will increase our clean water program costs significantly. AB 2838 will provide an important source of funding directly to our Contra Costa Clean Water Program, in addition to providing funding on a countywide basis that the County, cities, and other entities can apply for through the Coastal Conservancy. Passage of this legislation will authorize a program in the Bay Area and coastal counties to fund projects that mitigate the adverse impacts of motor vehicles and related infrastructure on our natural environment, especially water quality, wetlands, riparian areas, watersheds and associated habitats. The most pervasive water quality problems today come from non-point source pollution, and runoff from streets and roads is the largest source of the trouble. We support AB 2838, and respectfully request its amendment, and appreciate your interest and efforts in helping to mitigate the pollution caused by motor vehicles. If you have any questions, please contact Mitch Avalon at(925) 313-2203. Sinc ely, upervisor John Gioia Chair, Board of Supervisors JG:RMA:iz G:\Admin\Mitch120061Senator Pavley Itr 1 7-11-06.doc c: Arnold Schwarzenegger,Governor of California State Capitol Building - Sacramento,California 95814 J.Cullen,County Administrator S.Hoffman,County Administrator's Office M. Shiu,Chief Engineer,Flood Control District M.Avalon,Deputy Chief Engineer,Flood Control District G.Connaughton,Assistant Chief Engineer,Flood Control District D.Freitas,Clean Water Program J.Kopchik,Community Development