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12.

LEGISLATION COMMITTEE

Meeting Date:	03/13/2017
Subject: County Comments on the State's Efforts to Reform Title 5 School Siting and Design Practices
Submitted For:	John Kopchik, Director, Conservation & Development Department
Department:	Conservation & Development
Referral No.:	1
Referral Name:	1: Review legislative matters on transportation, water, and infrastructure. 12: Monitor the implementation of the County Complete Streets Policy.
Presenter:	John Cunningham, 674-7833	Contact:	John Cunningham (925) 674-7833

Information

Referral History:

The issue of school siting is a longstanding issue with the County. This item is typically discussed at the Transportation, Water, and Infrastructure Committee and the full Board of Supervisors. However, the issue has a legislative component and is being brought to the Legislative Committee in March.

Referral Update:

History
The reform of State school siting policies is a longstanding item of the Board of Supervisors (BOS) largely due to our experience with problematic sites in East Contra Costa County. In short, the County has found that school siting practices are in conflict with community development/growth management goals, student safety, agricultural preservation, safe routes to school, and complete streets policies. In addition, the State is internally conflicted in that school siting practices undermine state level policies similar to our own, including greenhouse gas reduction, safe routes to school, public health, vehicle miles traveled, etc.

Update
The County's efforts in advocating for the reform of school siting is being bolstered by three efforts now taking place at the state:

The California Department of Education (CDE) has initiated a long anticipated update to Title 5 which contains school siting and design guidance. County staff has attended a webinar held by CDE on the update and met with CDE staff at the County Office of Education's regular school facilities coordination meeting.
The State Assembly Committee on Education initiated an effort to streamline the Title 5 school approval process. In contrast to CDE's well publicized update to Title 5, very little is known about this "streamlining" effort. As alluded to in the Board of Supervisor's February 8, 2017 letter to the Assembly Committee on Education, it does not appear that the streamlining effort is being coordinated with CDE's Title 5 update.
The Governor's Office of Planning and Research (OPR) and the Strategic Growth Council have been conducting research and outreach regarding State school siting practices. OPR staff has interviewed County staff regarding our experience with school siting issues. In addition OPR staff attended California County Planning Directors Association 2017 Annual Conference and gave a presentation on their efforts relative to Title 5 and school siting. At the Conference Contra Costa County staff communicated our concerns about the school siting practices. In addition, many other Counties voiced their concerns to OPR staff as well.

In the past, the County has been advocating for school siting reform absent any formal process at the state to accommodate or respond to our concerns. That said, staff intends on making the most of the opportunity represented by the three efforts listed above. The attached draft letter communicates the County's recommendations for consideration by the State on school siting practices.

Draft Letter
Given the general input being provided the approach we are taking at this time is to have staff, through the Planning Integration Team for Community Health (PITCH), provide comments to the State. At this early point in the Title 5 update process we are asking that our concepts be further explored by the State. As the process moves ahead, staff will return to the BOS with more explicit recommendations. Those recommendations are likely to include legislation to grant the necessary authority to CDE to appropriately manage the school siting program.

Having the PITCH Departments approach the state on this topic is a new strategy. This letter can also be used by staff representing each discipline, engineering, planning, and public health, to approach their respective professional organizations and related advocacy groups for support on this effort.

Staff from the PITCH Departments have been asked to review and comment on the letter and attend the March 13 meeting of the Legislative Committee. As seen in the draft letter, staff is requesting that the State examine the involvement of the Local Agency Formation Commission in school siting decisions. That said, staff from LAFCO was also requested to review the letter and attend the upcoming meeting of the Legislative Committee.

Recommendation(s)/Next Step(s):

DISCUSS the attached letter to the State regarding school siting practices, REVISE as appropriate, and CONSIDER recommending to the Board of Supervisors that staff be AUTHORIZED to send the attached letter on behalf of the County.

Fiscal Impact (if any):

None.

Attachments
DRAFT Letter: CC County to CA CDE Re Title 5
CC County: Title 5 Mark Up