Legislative Committee Packet
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AGENDA BOARD LEGISLATIVE COMMITTEE Friday, October 24, 2014 12:45 p.m., Peralta Oaks Board Room The following agenda items are listed for Committee consideration. In accordance with the Board Operating Guidelines, no official action of the Board will be taken at this meeting; rather, the Committee’s purpose shall be to review the listed items and to consider developing recommendations to the Board of Directors. AGENDA STATUS TIME ITEM STAFF 12:45 p.m. 1. STATE LEGISLATION / ISSUES A. NEW LEGISLATION – N/A Doyle/Pfuehler (R) B. ISSUES Doyle/Pfuehler 1. Proposition 1- State Water Bond 2. Proposition 48 –Referendum on Indian Gambling 3. Legislative Wrap up 4. Measure T- Dublin Open Space Initiative 5. Other issues Doyle/Pfuehler II. FEDERAL LEGISLATION / ISSUES A. NEW LEGISLATION – N/A (R) B. ISSUES Doyle/Pfuehler 1. Land and Water Conservation Fund – competitive grant application update 2. Other issues III. ADVOCATE CONTRACT RENEWAL IV. PUBLIC COMMENTS V. ARTICLES (R) Recommendation for Future Board Consideration (I) Information Future 2014 Meetings: November 21, 2014 (D) Discussion December 19, 2014 Legislative Committee Members: Doug Siden, Chair, Ted Radke, John Sutter, Whitney Dotson, Alternate Erich Pfuehler, Staff Coordinator Distribution/Agenda Only Distribution/Agenda Only Distribution/Full Packet Distribution/Full Packet Distribution/Full Packet District: Public: District: Public: AGMs Judi Bank Director Whitney Dotson Carol Johnson Ann Grodin Yolande Barial Bruce Beyaert Director Beverly Lane Jon King Nancy Kaiser Afton Crooks Director Ted Radke Glenn Kirby Kristina Kelchner Robert Follrath, Sr. Director Doug Siden Mona Koa Connie Swisher Stana Hearne Director John Sutter Dr. George Manross Michael Kelley Director Carol Severin Jim O’Connor Distribution/Agenda Only Distribution/Full Packet Distribution/Full Packet Public: District: Allen Pulido Norman LaForce Robert Doyle Carol Victor Dan Levy Tim Anderson Bob Nisbet Fred W. Lopez Pat O’Brien Carol Victor Peter Rauch Dave Collins Pete Wilson Tyrone Davis Doug Houston Cliff Rocha – Local 2428 Sharon Corkin – Local 2428 TO: Board Legislative Committee (Chair Doug Siden, Ted Radke, John Sutter and Alternate Whitney Dotson) FROM: Robert E. Doyle, General Manager Erich Pfuehler, Government Relations and Legislative Affairs Manager SUBJECT: Board Legislative Committee Meeting WHEN: Friday, October 24, 2014 - 12:45 p.m. Lunch will be served WHERE: Board Room, Peralta Oaks _______ Items to be discussed: I. STATE LEGISLATION / ISSUES A. NEW LEGISLATION – N/A B. ISSUES 1. Proposition 1 – State Water Bond The $7.5 billion water package will appear on the Nov. 4 ballot as Proposition 1. In August, both Democrats and Republicans voted nearly unanimously to put the water bond on the ballot. Prop. 1 has backing from Governor Jerry Brown and the legislature, as well as agricultural and conservation groups. The allocation of the funding is as follows: $2.7 billion for water storage, potentially for new reservoirs $900 million for groundwater cleanup and monitoring $725 million for water recycling projects $1.5 billion for watershed restoration programs, such as increasing river flows for wildlife $200 million for storm water capture projects $395 million for statewide flood management, including delta flood protection projects * The state anticipates it would cost $360 million annually over 40 years to pay off the bond debt. The $1.5 billion for watershed restoration programs could be a potential funding opportunity for the District. Overall, the bond money is not tied to specific projects and deliberately left vague so the projects would go through a public competitive grant process. This was likely a reaction to the previous $11.1 billion measure which was seen as too “pork” laden. The vagueness also enables more entities to support the measure than will actually see any financial benefit from the final funding allocations. If the water bond passes, expect intense lobbying efforts over how the funds are spent. Beside the Governor, and Senators Dianne Feinstein and Barbara Boxer, supporters include: The Nature Conservancy, Audubon California, Natural Resources Defense Council, California League of Conservation Voters, Association of California Water Agencies, League of Cities and California State Association of Counties. Opponents include: Center for Biological Diversity, Friends of the River, San Francisco Baykeeper and Restore the Delta. Staff Recommendation: Watch 2. Proposition 48 – Referendum on Indian Gambling Prop. 48 asks voters to approve or reject a deal signed by the Governor and passed by the state legislature that would allow the North Fork Rancheria of Mono Indians to build a casino on a 305 acre plot of land about 30 miles northwest of Fresno. In 2005, the North Fork Rancheria of Mono Indians submitted a request to the federal government to acquire and put into trust about 305 acres of land in Madera County along Highway 99 for the purpose of establishing a casino with up to 2,000 slot machines. In 2011, the Federal government determined this would be in the best interest of the tribe and would not hurt the surrounding communities. The California Legislature passed AB 277, which approved the North Fork compact, as well as a compact with the Wiyot Tribe. The Wiyot compact does not allow the tribe to operate a casino, but allows the tribe to receive a portion of the revenue generated by North Fork's casino. Governor Jerry Brown signed the bill in July 2013. The Federal government issued final approval for the Wiyot compact in September 2013 and the North Fork compact in October 2013. A “yes” vote on Prop. 48 would allow the casino development to move forward. Governor Brown is a supporter. Opponents of the measure argue Indian gaming should be only allowed on tribal reservation land. The 305 acre property is nearly 40 miles from the North Fork Rancheria’s reservation, leading to accusations of “reservation shopping.” The tribe claims this land historically served as part of their reservation in the 1850’s. The U.S. Department of Interior (DoI) agreed and determined the North Fork Rancheria tribe has a historical connection to the proposed gaming site. Opponents include Senator Dianne Feinstein, other casino-owning tribes – including Table Mountain Rancheria whose casino is about 25 miles from the proposed North Fork site. A major funder of the opposition is New York-based Brigade Capital Management, an investment firm that backs the Chukchansi Gold Resort and Casino, another Indian Casino near the North Fork site. Among the opponents are Citizens for a Sustainable Point Molate. The relevancy to the District is a successful “reservation shopping” effort precedent could be made here which could renew efforts for a casino at Point Molate. Staff recommendation: Watch 3. Legislative Wrap up Advocate Doug Houston will provide a report about the end of the legislative session in Sacramento – including enactment of SB 1183 the District sponsored effort to authorize the collection of a vehicle registration surcharge for bicycle infrastructure purposes. 4. Measure T- Dublin Open Space Initiative Measure T on the Nov. 4 ballot puts the future of Doolan Canyon before Dublin voters, who will decide whether the city should annex the canyon. A yes vote opens the door to development; a no vote leaves Doolan outside city boundaries as the last bit of open space between Dublin and Livermore. The Dublin City Council voted unanimously in June to exclude Doolan Canyon from the city’s urban growth limit, leaving it as unincorporated agricultural open space. Developers, however, moved forward with Measure T which is meant to confuse voters and to nullify the City Council adopted urban limit line. Opponents include every Dublin city councilmember and planning commissioner, the Dublin Unified School District, the Dublin San Ramon Services District Board members, Tri-Valley Conservancy, Save Mount Diablo, the Sierra Club, Greenbelt Alliance, the Ohlone Audubon Society and the California Native Plant Society. The District’s Doolan Canyon Preserve is adjacent to the proposed development site. Staff believe the existing urban growth limit is appropriate and consistent with District efforts to develop a positive park experience at Doolan Canyon. Staff recommendation: Oppose 5. Other issues II. FEDERAL LEGISLATION / ISSUES A. NEW – N/A B. ISSUES 1. Land and Water Conservation Fund – competitive grant application update The District has a $500,000 grant request before the National Park Service to help create the first staging area for Concord Hills Regional Park. The project would develop the 587 acres of the Alaimo property the District already owns off of Kirker Pass Road. Additional information about the application is included as attachments. Staff will provide an update about the grant application. 2. Other Issues III. ADVOCATE CONTRACT RENEWAL Staff may bring forward proposed contract renewals for E2 Strategies and Agricultural Resources. IV. PUBLIC COMMENTS V. ARTICLES a. “Gov. Brown stars in ads for Propositions”, SF Gate, b. “Fixing the state’s flawed bay Delta Conservation Plan”, San Francisco Chronicle, September 25, 2014 c. “Proposition 48 pits Indian tribes against each other”, Contra Costa Times, October 10, 2014 d. “Railroads say California lacks authority to impose safety rules on oil shipments”, Capitol Alert, October 8, 2014 e. “Decision in Dublin: development or open space in canyon?”, SF Gate, October 3, 2014 f. “Chronicle recommends: Catharine Baker for Assembly”, SF Gate, September 24, 2014 g. “13th Congress could yield fewest laws in 60 years”, Roll Cal, September 22, 2014 h. “Proposition 1: Voters decide on $7.5 billion water bond”, SF Gate, September 21, 2014 i. “Poll: California water bond looking good to voters”, Contra Costa Times, September 10. 2014 j. “No, Barack Obama isn’t on the ballot this fall. Yes, he is hurting Democrats’ chances”, Washington Post, September 10. 2014 k. “Kashkari attacks Jerry brown on Tesla, teachers, ‘crazy train’ in spirited debate”, Contra Costa Times’ September 4, 2014 l. “Sen. Barbara Boxer knocks down resignation” SF Gate, September 5, 2014 m.