No impact to the County from the adoption of the 2011 State Legislative Platform.
At its January 18, 2011 meeting, the Board of Supervisors considered adoption of the proposed 2011 State and Federal Platforms. The Board adopted the 2011 Federal Platform with referral of two matters to the Legislation Committee for further consideration. However, the Board did not adopt the proposed 2011 State Platform, as there were several issues the Board referred to the Legislation Committee for review and recommendation. Subsequent to the January 18, 2011 Board meeting, County Administrator staff received information about additional legislative issues that were requested to be included in the 2011 State Platform.
At its February 7, 2011 meeting, the Legislation Committee reviewed and approved recommendations to the Board of Supervisors with respect to the following policy positions:
1) Realignment Principles
2) Redevelopment Agency Revenue
3) Vehicle License Fee (VLF) Extension for Public Safety
4) AB 3632 Mental health services for special education students
5) Funding for the Local Planning Council for Child Care and Development (LPC) and the AB 212 Child Care Salary and Retention Incentive Program
6) Vasco Road Double Fine Zone (DFZ) Extension
In addition, at the February 7, 2011 meeting, the Legislation Committee reviewed a recommendation from staff to include an Agricultural policy position with respect to the invasive South American Spongeplant. However, due to the fact that the item was not included on its agenda, the Committee was unable to act on that item. Staff recommends its inclusion in the 2011 State Legislative Platform.
The Legislation Committee also considered and approved recommendations with regard to the on-going operations of the Contra Costa County Redevelopment Agency.
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1) Realignment Principles
At the January 18 Board meeting, Supervisor Gioia noted that there were "General Revenue/Finance Issues" policy positions in the proposed 2011 Platform that touched on the reforms of the state/local relationship that are under discussion by the Legislature and the Governor. However, these positions do not sufficiently address the Realignment proposals that are currently under consideration.
The current State Platform positions are:
36. SUPPORT continued efforts to reform the state/local relationship in a way that makes both fiscal and programmatic sense for local government.
37. OPPOSE reductions in county-run State programs that shift responsibility or costs to the County.
The Legislation Committee recommended that the following policy position instead be adopted by the Board of Supervisors:
37. SUPPORT continued efforts to reform the state/local relationship in a way that makes both fiscal and programmatic sense for local government and conforms to the adopted 2010 CSAC Realignment Principles, with an emphasis on maximum flexibility for counties to manage the existing and realigned discretionary programs.
The Legislation Committee recommended that the previous policy #37 to oppose reductions in county-run State programs be removed. They also recommended that the following policy position be amended:
39. SUPPORT reduction in the 2/3 vote requirement for special taxes that fund high priority local services.
The recommended amended policy is as follows:
39. SUPPORT a reduction in the 2/3 vote requirement for special taxes that fund a comprehensive community plan developed by the county, cities and school districts that improve health, education and economic outcomes and reduce crime and poverty.
(See page 9 of Attachment A.)
2) Redevelopment Agency Revenue
The Legislation Committee reviewed the proposed language changes to the Redevelopment Agency Revenue priority of the Platform and made adjustments, as proposed on page 3 of Attachment A.
In addition, the Legislation Committee reviewed recommendations from staff with respect to the on-going operations of the Contra Costa County Redevelopment Agency, which they approved. The Legislation Committee also recommended that the Board of Supervisors receive financial information about redevelopment revenue, which is Attachment C.
The recommendations to the Board of Supervisors are as follows:
A. The Board of Supervisors, acting as the RDA, should continue to consider and approve contracts involving bond proceeds;
B. The Board of Supervisors, acting as the RDA, should continue to consider and approve contracts involving tax increment subject to business agreements and legal obligations; and
C. The Board of Supervisors, acting as the RDA, should continue to consider and approve contracts set forth on Exhibit B—Contract Status Report.
3) Vehicle License Fee (VLF) Extension for Public Safety
The VLF rate is currently 1.15 percent, but, absent legislative action to extend it, will drop to 0.65 percent on July 1, 2011. The Vehicle License Fee (VLF) increase was enacted as a component of the temporary taxes under Governor Schwarzenegger and is dedicated to local public safety programs.
Specifically, 0.15 percent of the VLF is dedicated to the Local Safety and Protection Account (LSPA). Revenue in the LSPA is statutorily dedicated to a range of local programs, including the Citizens’ Option for Public Safety (COPS), the Juvenile Justice Crime Prevention Act (JJCPA), the rural and small county sheriffs’ local assistance programs, booking fee “replacement” revenue, and a range of other local assistance programs.
Governor Brown’s proposed budget includes maintaining the Vehicle License Fee at 1.15 percent ($1.4 billion in 2011-12 related to extension of 0.5% of VLF). However, the Governor proposes ongoing support for local public safety by dedicating GF (backfilled dollar-for-dollar with realignment funds) to programs now funded out of the Local Safety and Protection Account (0.15 percent of the VLF). Under this proposal, funding levels would effectively be restored to the levels enacted in the 2008-09 budget (prior to February 2009 budget revision).
The VLF extension would certainly be our first choice. It would provide the best chance to maintain a formula that would not only be sustainable but with the revenue basically predictable. That is why staff recommends supporting a bill that legislatively removes the sunset clause. The Legislation Committee supported this recommendation; it is #109 on page 19 of Attachment A.
4) AB 3632 Mental health services for special education students
Last fall, the Legislature rejected Governor Schwarzenegger’s proposal to suspend the AB 3632 mandate and voted to continue the mandate on county mental health. This included $133 million in outstanding county mandate claims and funding of $ 3million for a best practices study. The conference committee, however, did not adopt the LAO alternative which would have shifted the mandate from counties to schools.
Subsequently, the Governor line item vetoed all $132.9 million of funding to reimburse counties for their unreimbursed costs from 2004-05 through 2008-09 for complying with the AB 3632 mandate (Handicapped and Disable Students I and II, and Seriously Emotionally Disturbed Pupils: Out of State Mental Health Services). In doing so, he also declared that the mandate on counties for the 2010-11 fiscal year was suspended.
The Governor’s action three months into the current fiscal year left many unanswered questions for counties, schools, community-based providers, parents and students related to this special education program. The big question is whether the Governor’s unilateral action to de-fund the program actually suspends the mandate. Moreover, does the mandate suspension remove the financial obligations on counties? CSAC is working with the County Counsels Association and the California Mental Health Directors Association (CMHDA) to examine the policy and legal issues created by this action and will provide additional information to counties.
At this time, Governor Brown’s budget proposal would fund the AB 3632 mandate on counties using Proposition 63 funds, for a General Fund savings of $98.6 million.
The Legislation Committee supported staff's recommendation that the County support the LAO proposal that would shift the mandate from counties to schools. Alternatively, there could be a legislative requirement that the private insurance companies that insure the parents of these children be required to provide funding for the necessary services. (See policy position #88, pages 15-16 on Attachment A.)
5) Funding for the Local Planning Council for Child Care and Development (LPC) and the AB 212 Child Care Salary and Retention Incentive Program
At the December 6, 2010 Family and Human Services (FHS) Committee Meeting, a recommendation was made by the Committee that a report be given to the Legislation Committee so that language in support of the restoration of funding for the Local Planning Council for Child Care and Development (LPC) and the AB 212 Child Care Salary and Retention Incentive Program would be added the County’s state legislative platform. A report was provided to the Legislation Committee. The Legislation Committee recommends policy position #89 on page 16 of Attachment A.
6) Vasco Road Double Fine Zone (DFZ) Extension
SB 3 (Torlakson, 2006) established a Double Fine Zone (DFZ) for Vasco road. Additionally, in the wake of a number of similar legislative requests, SB 3 became the focus of specific legislative direction to provide a standard set of criteria and terms governing DFZ’s, while approving the extension of the Vasco Road DFZ through 2010.
In 2007, the Legislature again addressed the general standards and criteria for DFZ’s in AB 112 (Wolk) setting out general parameters for state highway segments to qualify for DFZ’s, but excluded their application to Vasco road, under previously-approved SB 3.
Following in 2008, SB 1419 added changes to the DFZ criteria and continued the focus on state highways as being eligible for DFZ. Additionally, two segments in San Francisco were authorized to be DFZ’s and were not required to meet the now specific criteria applicable to state highway designations as DFZ’s due to the unique, pedestrian oriented issues on those segments.
At present there is no authority for the Caltrans or the CHP to authorize DFZ on non-state highway segments. To re-authorize the Vasco Road as a DFZ, legislation will be required. It will be vital to demonstrate that the elements in place during the DFZ on Vasco Road served their purpose and reduced traffic incidents, injuries and fatalities during the period of operation.
The Legislation Committee recommends a policy be added to the 2011 State Platform that supports legislative efforts to re-authorize Vasco Road as a Double Fine Zone. (See policy #126, page 24, Attachment A.)
7. South American Spongeplant
South American spongeplant, Limnobium leavigatum, was found in the central portion of the Delta (southern Sacramento County - Brannan Island and Isleton) in July 2010. A cursory on-the-water survey performed by the California Department of Food and Agriculture (CDFA), assisted by the County Agriculture Department staff, found incipient spot infestations in the waterways around Webb Tract and Frank's Tract. CDFA is the lead agency. CDFA had been treating it in a pond in Redding and doing their best in with an infestation in the San Joaquin River in Fresno County.
In the last couple of years, the occurrence of the South American spongeplant has greatly increased and has also been found in some agricultural irrigation canals in Fresno and Stanislaus counties. Through pressure from the Sacramento and Contra Costa County Agricultural Commissioners, the experts at CDFA developed a Pest Profile. The potential adverse impact of this new invasive species to agriculture, boating, marinas, fishing and recreation in the Delta and other waterways in the state is great. The South American spongeplant has the potential to become a worse pest than water hyacinth and Egeria densa were before the Department of Boating and Waterways (DBW) started their control program.
The Department of Boating and Waterways (DBW) does not have legal authority to treat any species other than water hyacinth and Egeria. Their authority, which is very specific, is found in the California Harbors and Navigation Code, section 64. DBW is in the Delta all summer long treating hyacinth and Egeria. Spongeplant looks very similar to hyacinth and is easily controlled by the same materials that DBW uses on hyacinth, but they cannot currently treat it.
CDFA was able to procure $92K from an emergency fund to do an extensive survey and to treat "hot spot" areas as they go. The potential of this pest is to spread very rapidly and it is strongly felt by our Agricultural Commissioner and others that a concerted effort is needed to have a chance at eradication or control, if eradication is not possible.
Due to the threat to agriculture, the environment and recreation in the California Delta from a newly discovered invasive aquatic species, Limnobium laevigatum (South American spongeplant), staff supports a cooperative and concerted effort by CDFA and DBW to survey and treat all incipient infestations of this species. Staff recommends that the Board support legislation to establish legal authority where needed to facilitate this effort, as well as a continued long term effort to rid the Delta of this invasive species. (See policy #4, page 4 of Attachment A.)
If the Board does not adopt the 2011 State Legislative Platform, there will be no direction from the Board of Supervisors on legislative priorities or policy positions for the year. If the Board does not consider the recommendations with regard to the on-going operations of the Contra Costa County Redevelopment Agency, certain programs and projects will not proceed.
Speakers: Ralph Hoffman, resident of Contra Costa County; Vince Wells, President, Firefighters' Local 1230; Rollie Katz, Public Employees' Union, Local One.
ADOPTED the Contra Costa County 2011 State Legislative Platform as recommended by the Legislation Committee, with Supervisor Uilkema registering a "No" vote on Line item 39 in regard to supporting the repeal of the 2/3 vote requirement to increase taxes for certain areas linked to provision of services.