HomeMy WebLinkAboutMINUTES - 11291983 - FC.3 TO: BOARD OF SUPERVISORS
FROM: Finance Committee Contra
Costa
DATE: November 28, 1983 County
SUBJECT: Jersey Island Road Closure, Oakley Area
SPECIFIC REOUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. Restrict local traffic- on the road to daylight hours or the
operation_of the Delta Ferry for public protection.
2. Authorize the expenditure of $5, 000 for the immediate
installation of road markers and warning signs and for the
installation of a traffic control gate following necessary
public hearings for such installation for traffic control
purposes.
3. Direct the staff of the Public Works Department and County
Counsel to prepare a report to the Board on the legal issues
involved with County relinquishment or maintenance of this
limited use road and the immediate and long-term policy
considerations and related cost factors.
BACKGROUND:
The Public Works Director submitted a report dated November 15, 1983
requesting certain specific actions including expending $30 , 000 to winterize
the road. After hearing testimony that the road is passible to local
traffic, it is proposed that the road maintenance be restricted to only
taking those measures considered necessary to warn traffic of the condition
of the road and restrict county liability. Also, it was indicated that the
proposed road surface work would be only temporary.
The condition of the road, its limited use, the financial drain for its
maintenance and legal liability to the public are of concern; consequently,
the staff has been directed to prepare a report explaining the policy
issues and alternatives with respect to this road for Board consideration.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR CSX_ RECOMMENDATION OF BOARD COMMITTEE
XX APPROVE OTHER
SIGNATURE(S) Supervisor T. Torlakson Supervisor S. W. McPeak
ACTION OF BOARD ON November 29. 1983 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS 3631
X UNANIMOUS (ABSENT ) 1 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.
gd
CC: Public Works Director ATTESTED —�h� /• /O3
County Counsel
County Administrator J.R. OLSSON, COUNTY LERK
AND EX OFFICIO CLERK OF THE BOARD
M382/7-83 BY ,v DEPUTY
Diana M, flerman
TO: BOARD OF SUPERVISORS
Contra
FROM: Finance and Internal Operations Committee Costa
1 DATE: November 28, 1983 w�-+rmy
SUBJECT: Guidelines for Establishment of Municipal Advisory
Councils
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) !I BACKGROUND AND JUSTIFICATION
Adopt the following guidelines for use in reviewing requests for establish-
ment of municipal advisory councils.
In reviewing a request for establishment of a municipal advisory council,
the Board shall consider the following factors which must be included in
such a request:
1. Description (including map) of the proposed MAC
boundaries .
2. The proposed MAC area must have a minimum of 1,000
registered voters.
3. An explanation of how the proposed MAC area has a
"community of interest. "
4. A statement of community problems relating primarily
to provision of local governmental services and how
establishment of a MAC would assist in resolving such
problems.
5. The extent to which the community is or will be under-
going major land use changes, development or other
activities affecting the physical economic or social
characteristics of the community.
6. The potential for consolidating local public agency
governing bodies under the MAC.
7. A clear expression of interest by the residents. At
its option, the Board may require a petition or election
to determine the extent of interest.
8. A list of the proposed specific matters on which the
MAC will advise the Board.
9. Acknowledgement that the MAC will function with no
financial or ongoing staff assistance from the County.
Although the above factors will be considered they will not be conclusive
and the Board retains the sole authority to determine if a municipal
advisory council should be established and the terms conditions thereof.
CONTINUED ON ATTACHMENT: xx YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMI/NIISST�R,ATO R� COM END TIO F1 A C MMIT E
ERI V7
-'e�+'V
SIGNATURES)
ACTION OF BOARD ON "Z t3 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
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. G G
CC: County Administrator ATTESTED �, /7d&
County Counsel J.R. OLSSON. COUNTY CLERK
County Auditor-Controller AND EX OFFICIO CLERK OF THE BOARD
Public Works Director 362 62
Director of Planning
Assessor BY DEPUTY
Lafco & Elections
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2 .
In addition, requests for establishment of municipal advisory councils will
be referred to the County Planning Department and the Local Agency Formation
Commission for review and comment.
A municipal advisory council shall be established for a three year period
during which the council shall undertake and submit to the Board a study of
the way public services are currently provided to the community to deter-
mine if some reorganization of the local government structure would improve
the efficiency of service delivery. Such study is to be conducted in
accordance with the LAFCO feasibility study guidelines . At the time of
submission of this report, the council shall also provide the Board with a
statement as to whether or not there is a purpose for the MAC to continue
in existence beyond the three year sunset date. The Board shall determine
whether or not the MAC will be continued and at its option, may determine
that future council members are to be elected. In such case, the cost of
elections must be paid by the community. The ability of the community to
finance elections will be considered by the Board in determining whether or
not elections should be held. Any such elections must be held in accordance
with the Uniform District Election Law (California Elections Code Sections
23500 et seq. ) . The current council members shall serve until the new
members are duly elected.
BACKGROUND
On October 11, 1983 the Board of Supervisors adopted Res
establishing the Oakley Municipal Advisory Council . In iSFR:v
taking this action, the Board referred to LAFCO, the Fir
Internal Operations Committee, and the County Administrz
developing guidelines to be considered when reviewing t1 R9SDWTiU hD i-
ment of Municipal Advisory Councils in other unincorpora
The Board has requested a report back as soon as possib]
appointments to the Oakley MAC are being deferred until ----_
report. The recommended guidelines have been developed
the County Administrator and LAFCO.
333
r
MUNICIPAL ADVISORY COUNCIL FUNCTIONS
As provided by State law, a municipal advisory council is
established by a Board of Supervisors "to advise the board on
such matters which relate to that area as may be designated by
the board concerning services which are or may be provided to
the area by the county or other local governmental agencies,
including but not limited to advice on matters of public health,
safety, welfare, public works, and planning. Unless the board
of supervisors specifically provides to the contrary, a municipal
advisory council may represent the community to any state, county,
city, special district, or school district, agency or commission,
or any other organization on any matter concerning the community. "
Essentially, a municipal advisory council provides a forum
for community residents to discuss and formulate recommendations
on matters related to the provision of local government services
to their community. The Board of Supervisors determines the
specific matters for which the council will serve in an advisory
capacity.
Typical functions of a municipal advisory council include:
1. Advise the Board of Supervisors on those
local government services as designated by
the Board.
2. Review and report to the Board on the
feasibility of reorganizing existing special
districts in order to increase service
delivery efficiency.
3. Represent the community before the Local
Agency Formation Commission on proposed '
boundary changes affecting the community.
4. Represent the community before the County
Planning Commission, Area Planning Commissions
or the Zoning Administrator on land use and
other planning matters affecting the
community.
5. Provide input and reports to the Board,
County staff or any County hearing body on
issues of concern to the community.
6 . Serve as a liaison between the .community and
the County Supervisor representing that area.
364
5
2.
7. Facilitate ditizen participation in the
formation of local opinion on public
problems.
8. Train community leaders in local government.
9 . Stimulate civic participation and volunteer
services .
10 . Provide the community a sense of identity.
11. Assume the duties of advisory or governing
body for existing special districts .
12. Settle community conflict.
13. Answer citizen complaints .
Municipal advisory councils are to function without any
financial or ongoing staff support from the county. Council
meetings are to be held at least monthly at an established time
and place and meetings must be conducted in accordance with the
Brown Act.
365
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 29 , 1983 , by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson and Schroder
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Water Committee Report
The Vater Committee met on November 7, 1983, and discussed the following
items: .
1. Tulare Lake - Long-term Alternatives. Staff reported that a
preliminary analysis and conversations with others indicate that it may be possible
to divert water draining into the Tulare Lake basin into the California Aqueduct,
or store the water into the lake basin for future use. The Planning and Conservation
League has contacted Assemblyman Isenberg to ask that he introduce a resolution
in the legislature to ask the Department of Water Resources to conduct a study
of the area to determine if modifications can be made to make better use of
the water in the watershed.
2. Water Hyacinths Program - Health Department Report.
Mr. Rafat Shahid reported on the N e.! Services Department 's evaluation of
heavy metals in water hyacinth samples taken from Rock Slough. This evaluation
was done at the request of the Board of Supervisors' Water Committee to determine
if there would be any restrictions on the end use of harvested water hyacinths.
The evaluation showed that the lead and copper content of samples taken on September
27, 1983, were higher than the sample taken on June 13, 1983. The lead content
of the hyacinths exceeded levels set by regulation for animal feed. The copper
content would be acceptable for feed for some animals. The Health Department
reported that these tests were only done for Rock Slough and cannot be considered
representative of the entire Delta. The State Water Resources Control Board
has been asked to further explore lead contact of sediments in the Delta and
testing of fresh water clams for their lead content.
Dr. Wendel Brunner of the Department of Health Services reported that the information
gathered does not indicate a significant health problem from Diquat spraying
in the Delta. Dr. Brunner made the following recommendations concerning public
notice of future sprayings.
a. Local communities should be notified by posting and/or handbills
of where and when the spraying is to. take place so that they
could avoid direct contact with the spray.
b. Persons should be informed of the possibility of local irritation,
and advised not to swim in water that has been sprayed for at
least several .hours.
C. People who feel that they may have developed symptoms after exposure
should be given a phone number to contact the Health Department.
3. Mechanical Harvesting of Water. Hyacinths. Staff reported on
the mechanical water hyacinth harvesting demonstration that was held on October
20, 1983. The Contra Costa Water District announced that they will also be
conducting a demonstration of mechanical hyacinth removal in their intake canal .
Staff was directed to coordinate the County's efforts in mechanical harvesting
with the Contra Costa Water District for a possible joint proposal to the State
Water Resources Control Board for additional funding. The Committee expressed
preference that the State Department of Boating and Waterways include in their
program of water hyacinth control , mechanical harvesting of hyacinths in the
Rock Slough area, which will not be sprayed due. to the proximity to the Contra
Costa water District intake.
z 366
4. Delta Drinking Water Defense Committee Proposal . Members of
the Delta Drinking Water Defense Committee proposed to the Water Committee that
voluntary contributions be collected to pay for alternative hyacinth control,
measures and be collected through water utility bills. The Water Committee
supported the concept of funding alternative hyacinth control measures through
voluntary contributions. The Delta Drinking Water Defense Committee was requested
to work out details of establishing the fund with local water utilities. Staff
was directed to monitor the progress of this proposal.
5. DWR Report on Alternatives for Delta Water Transport. Staff
summarized the report for the Water Committee. The report was issued by the
Department of Water Resources for public input before a recommended alternative
is selected for implementing legislation. The Water Committee asked the Fish
and Wildlife Study Committee to review the report. The Contra Costa Water District
announced that the Director of Water Resources will be making a presentation
to the District on November 29, 1983, on the Delta Alternatives to which the
public is invited.
6. Southern California Water Company Rate Increase. The Board referred
to the Water Committee a correspondence from the Southern California Water Company
notifying the County that its Bay District (West Pittsburg) has applied for
a rate increase to the Public Utilities Commission. Supervisor Torlakson noted
that residents of West Pittsburg have complained about the quality of the water
and service from the company. A informal public hearing by the PUC was held
on November 7, 1983, in West Pittsburg. 'The final decision on the rate increase
will be made after a formal public hearing is held in January, 1984. Staff
was directed to send a letter to the Public Utilities Commission, expressing
concern that interested agencies were not notified in advance of the public
hearing and requesting notification of future hearings.
7. Acme Fill - Water Quality Concerns. The Water Committee acknowledged
receipt of a letter from the Regional Water Quality Control Board in response
to the County's letter asking the Regional Board to confirm that they will incor-
porate water quality mitigation measures, as identified in the Acme Fill Environ-
mental Impact Report, into the Regional Board's waste discharge permit. The
letter from the Regional Board states that they will incorporate the measures
necessary for the protection of ground and surface water quality from Acme's
proposed expansion.
The Water Committee recommends the following actions:
1. The Chairman be authorized to sign a letter to Assemblyman Isenberg
requesting that legislation be introduced to have the Department of Water Resources
study the Tulare Lake basin area for use of surplus water from the basin within
the San Joaquin Valley or Southern California. The study should include interim
storage facilities and other improvements as part of the State Water Project
and an analysis of the economic impact to the surrounding community.
2. The Health Services Department be directed to ask the State Water
Resources Control Board to conduct testing of water hyacinths in the Delta for
heavy metals and herbicides/pesticides in various locations in the Delta.
3. The County Agricultural Commissioner be authorized to forward
to the State Water Hyacinth Task Force, the County Department of Health Services'
recommendations- for public notification of future spraying and an additional
recommendation that the notification be published in local newspapers, if possible.
4. The Public Works Director be authorized to submit a letter to
the State Department of Boating and Waterways requesting mechanical harvesting
of water hyacinths be a part of their overall control program in areas where
spraying will not be allowed, particularly in the Rock Slough area.
367
5. The Public Works Department be authorized to submit a letter
to the Department of Water Resources transmitting a preliminary County response
to their report on alternatives for Delta water transport. The letter is to
state: the County's concurrence in not recommending an isolated facility; reference
the County' s adopted policy on Delta water transfer; encourage the development
off-stream storage; require the establishment of Bay and Delta standards before
construction of a transfer facility; a commitment to a long-term mitigation
of the impacts of the State Water Project; and other comments that the Fish
and Wildlife Study Committee may have after their review.
� � , � kvvv
unne Wright McPeak Tom Torlakson
Supervisor, District IV Supervisor, District V
IT IS BY THE BOARD ORDERED that the recommendations of its. Water
Committee are APPROVED.
IT IS FURTHER ORDERED that Recommendation No. 2 include testing for
heavy metals for crustaceans and fish; and that Recommendation No. 4 .include new
ways of mechanical harvesting.
i riereby certify that this is a true and correct copy O6
an action taken and entered on the minutes of the
Board of Supervisors on`the date shown.
Al'TESTED: `�'� sa �� /2
J.R. OLSSO.N, W 0s L1'Fc:Y CLEERK
and ex aff�, Io Cla k of :::a Loatd
By Deputy
DBO:BD.WC.9.t11
Orig. Dept: Public Works - EC
cc: County Administrator
Environmental Health
Agricultural Commissioner
Grand Jury
368