Agenda

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LEGISLATION COMMITTEE

Meeting Date:	02/08/2021
Subject: Proposed Amendments to 2021-22 Adopted Legislative Platforms
Submitted For:	LEGISLATION COMMITTEE
Department:	County Administrator
Referral No.:	2021-04
Referral Name:	Amendments to Legislative Platforms
Presenter:	L. DeLaney	Contact:	L. DeLaney, 925-655-2057

Information

Referral History:

The Contra Costa County Legislation Committee reviews and makes recommendations to the Board of Supervisors on the County's draft State and Federal Legislative Platforms as well as proposed Platform amendments.

Subsequent to the Board of Supervisors' adoption of the 2021-22 State and Federal Legislative Platforms at their January 19, 2021 meeting, staff was advised of advocacy interests that had not been incorporated into the Platforms. One request is to add to the Federal Platform a principle included in the adopted State Platform related to supporting climate change initiatives through the COVID-19 pandemic recovery. Two additional requests are recommended for inclusion in the State Platform.

Referral Update:

1. Adopted 2021-22 Federal Legislative Platform Amendment Proposal

The County's Sustainability Coordinator, Jody London, has requested that the following language, currently included in the County's adopted 2021-22 State Legislative Platform, also be incorporated into the Federal Platform as a "Priority Policy Statement":

ENSURE that the recovery from the COVID-19 pandemic supports the following:

Technologies that support the County’s climate goals, including battery energy storage and microgrids, solar and wind energy, electric vehicles, and electric vehicle charging infrastructure;
Energy efficiency programs that encourage whole house retrofits and address asthma triggers in the built environment;
Planning work for adapting to rising sea levels;
Planning and implementation of microgrids;
Active transportation and green infrastructure programs;
Job training for careers in clean energy, clean transportation, and green infrastructure.

2. Adopted 2021-22 State Legislative Platform Amendment Proposals

a. Chief Assistant County Administrator Eric Angstadt has requested advocacy assistance for the use of the Progressive Design-Build (PDB) project delivery method for construction contracts. This proposal, supported by Los Angeles County, would allow counties to: (1) use the PDB project delivery method for construction contracts, allowing local agencies to evaluate bids on factors other than price; (2) reduce certain risks as compared to alternative contracting methods; reduce project delivery schedules and costs; and (3) partner with the designer during the initial phase of the process.

A synopsis of the PDB methodology change and background from Mr. Angstadt is included in Attachment A.

b. County staff and Board members have expressed interest in advocating for legislation that would enable virtual public meetings, including advisory body meetings, to continue in some fashion after the pandemic's emergency has ended.

Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The Governor has issued several Executive Orders during the COVID-19 pandemic enacting suspensions of certain Bagley-Keene Act and Brown Act provisions so that there is no requirement for state or local legislative bodies to make a physical location available from which the public can make public comment, so long as options to participate telephonically or electronically are provided. Local bodies must still adhere to noticing requirements and implement a procedure for resolving requests for accommodation from individuals with special needs.

As the adopted 2021-22 State Platform does not address the issue of public meetings, an amendment would be required to advocate on the subject.

Recommendation(s)/Next Step(s):

1. RECOMMEND to the Board of Supervisors that the adopted 2021-22 Federal Legislative Platform be amended to include the following:

ENSURE that the recovery from the COVID-19 pandemic supports the following:

Technologies that support the County’s climate goals, including battery energy storage and microgrids, solar and wind energy, electric vehicles, and electric vehicle charging infrastructure;
Energy efficiency programs that encourage whole house retrofits and address asthma triggers in the built environment;
Planning work for adapting to rising sea levels;
Planning and implementation of microgrids;
Active transportation and green infrastructure programs;
Job training for careers in clean energy, clean transportation, and green infrastructure.

2. RECOMMEND to the Board of Supervisors that the adopted 2021-22 State Legislative Platform be amended to:

A. SUPPORT legislation that would enable the use of Progressive Design-Build (PDB) in project delivery for construction contracts; and
B. SUPPORT legislation that would enable virtual or teleconferencing public meetings, including advisory body meetings, to continue post-pandemic with an opportunity for all persons to attend via a call-in option or an internet-based service option.

Attachments
Attachment A