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Home My WebLink AboutMINUTES - 10181983 - IO.5 TO: BOARD OF SUPERVISORS Contra FROM: Internal Operations Committee Costa DATE: October 17, 1983 County SUBJECT: Subdivision Ordinance Code Requirements for Drainage SPECIFIC REQUEST(S) OR RECOMMENDATION(S) $ BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Accept memorandum report from Public Works Director dated October 14, 1983. 2. Direct Public Works Director and Director of Planning to arrange a meeting between the Board of Supervisors, the County.Planning Commission, and Orinda and San Ramon Valley Area Planning Commissions., and prepare an agenda for the meeting, preferably as a Tuesday dinner meeting during November or December, after the Board meeting and prior to the meeting of the County Planning Commission to give the Board and Planning Commissioners an opportunity to discuss issues of mutual concern with each other. 3. Direct the Director of Planning, in presenting staff recommendations to the Planning Commissions which involve request for waiver of drainage collect and convey require- ments; to emphasize the need for each Planning Commission to enforce Ordinance Code Section 92-6.002 as it relates to the need to make specific findings in order to waive "collect and convey" requirements, and reminding the Commissioners that the burden of proof is on the party requesting the waiver to show that all three conditions have been satisfied before considering granting a waiver. 4. Direct the Director of Planning to determine what enhancements are needed in the County General Plan in order to deal with problems which occur with premature develop- ment in an area and which address the need to insure adequate drainage in an area being developed and return his recommendations to the Board. 5. Authorize the Internal Operations Committee to review and consider recommending to the Board amendments to Ordinance Code Section 26. 2-2404 which would clarify the right of the Public Works and Planning departments to appeal subdivision decisions of the Planning Commission to the Board of Supervisors as they explicitly can now do on conditional use, variance, plan and special permit decisions. BACKGROUND/JUSTIFICATION: On June 14, 1983, the Board asked the Public Works Director to discuss with the Internal Operations Committee whether the Board of Supervisors should be asked to review and approve all requests for waiver of drainage "collect and convey" requirements. At the present time, any of the Planning Commissions are empowered to waive the requirements if certain conditions are met as outlined in Ordinance Code Section 92-6.002. It is the feeling of staff that this section has not been as strictly enforced as it was intended to be in that specific findings are not always made and the language is sufficiently broad to allow exceptions in cases where the Board did not intend a pti to be made. CONTINUED ON ATTACHMENT: X YES SI ATURE: ��G' RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE X APPROVE OTHER SIGNATURES) ACTION OF BOARD ON October 18, 1QRI APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator Jn,2r� /? -, too 3 Planning Director ATTESTED Public Works Director J.R. OLSSON, COUNTY CLERK I. 0. CommitteeAND EX OFFICIO CLERK OF THE BOARD M382/7-88 BY DEPUTY e -2- This has led to cases of downstream flooding and legal problems for the County. We believe that the Planning Commissioners are not .always aware of the legal liability problems their actions can lead to. In addition, there are several new Commissioners. Therefore, we believe a meeting with all three Planning Commissions would be helpful . An additional problem pointed out by County Counsel is that Ordinance Code Section 92-6. 002 is not reflected in clear and direct language of a policy nature in the General Plan. This could lead some to the false assumption the Board has no policy on the need to enforce drainage "collect and convey" ordinances. In addition, it is not clear in the Ordinance Code that the Public Works and Planning Directors can appeal decisions of the Planning Commission to the Board of Supervisors in matters relating to subdivisions. Language to clarify this right was drafted in 1981 , but never enacted. Our Committee would like to review this language and may recommend its adoption at a subsequent meeting. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 18, 1983 by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson and Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Water Committee Report The Water Committee met on October 10, 1983, to discuss various water issues: Water Hyacinth Control Program Staff briefed the Water Committee on the summary report of the water monitoring results from the 1983 use of herbicides to control water hyacinths. The monitoring reports show that the water quality for the Contra Costa Water District was not adversely affected by the use of herbicides. The Contra Costa Water District is developing a year-round monitoring program which will be able to detect background levels of herbicides in the Delta. The County Health Services Department will also monitor the water near the Rock Slough intake on a monthly basis for 2,4-D and Diquat. The Health Services Department was asked to report at the next meeting on the epidemiology report on individuals who claim that they have suffered adverse health affects from exposure to herbicides applied �. to water hyacinths. The Committee that sponsored the volunteer effort to remove hyacinths manually from the Delta gave a report on the two days of clean-up in May. A written report was also submitted which summarizes the activities of various subcommittees which had specific responsibilities. The Water Committee commended the volunteer effort. Staff reported that a demonstration of mechanical harvesting has been arranged for October 20, 1983, at Rock Slough. Interested individuals have been invited. The Contra Costa Water District informed staff that the existence of water hyacinths in the Delta does not create a water quality problem for their system. The Water District is continuing to research the matter, but have not yet found any water quality problems from the existence of the hyacinths. Staff advised that without evidence of water quality problems from the existence of water hyacinths, funding for mechanical removal of hyacinths in Rock. Slough should be the responsibility of the State of California. Legislative Hearings Staff has received informal communications giving indications that the joint legislative hearings on state-wide water development will not be held. The hearing scheduled for October 14, 1983, on Assembly Bill 367 may also be cancelled. If the hearing on AB 367 is held, the County should make a statement at the hearing. Delta Workshops- Institute for the Human Environment Staff reported that the Institute for the Human Environment has requested that the County help sponsor a team of Dutch experts to participate in a series of workshops in California focused on the long-term problems of the Delta. The Water Committee recommended that the Institute for the Human Environment contact the State of California via the Assembly Water, Parks and Wildlife Committee and Delta Assemblyman for sponsorship of the workshops. The County does not have the resources to be involved in another major endeavor. The Water Committee recommends the following actions: 1. Certificates of Commendation be issued to the organizers of the volunteer hyacinth removal effort. � : 333 r 2. If the legislative hearing is held on AB 367, the County should express its adopted position in support of AB 367, present the County' s "New Water Ethics for the 1980 ' s" and also present an update on the activities on the Committee for Water Policy Consensus. 3. The Board refer the request for funding of a series of workshops on the Delta by the Institute for Human Environment to the State of California. ` Sunne Wright McPeak Tom Torlakson Supervisor, District IV Supervisor, District V IT IS BY THE BOARD. ORDERED that -the aforesaid recommendations of its Water Committee are APPROVED. I rt&.reby certify that this to•true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: _ g3 J.R. OLSSOP, COUNTY CLERK and ex off'efo Giem of the Board By Q , Deputy DBO:WCMtg.BD.11.t10 Orig. Dept.: Public Works - EC cc: County Administrator Environmental Health Public Works Department Grand Jury 334