HomeMy WebLinkAboutMINUTES - 05032011 - C.40RECOMMENDATION(S):
SUPPORT language in the 2011 Water Resources Development Act (WRDA) or other
federal legislation that would amend 1996 WRDA Section 202(g) regarding the US Army
Corps of Engineers (Corps) vegetation management guidelines.
FISCAL IMPACT:
Supporting this legislation will cost approximately $5,000 in staff costs, to be funded by
Contra Costa County Flood Control & Water Conservation District (FC District) funds.
BACKGROUND:
The Corps is proposing new nationwide guidelines for approving variances to their
vegetation requirements along Corps built levees, floodwalls, and appurtenant structures.
The FC District currently owns and maintains several federally authorized flood control
facilities with levees as part of their flood protection system improvements. The Corps
vegetation policy does not allow vegetation, other than low grasses, on any part of a flood
control levee. Under certain circumstances, the Corps proposes to allow vegetation to
remain on a small portion of the levee if a
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/03/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Tim Jensen (925) 313-2390
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: May 3, 2011
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Carrie Del Bonta, Deputy
cc: David Twa, County Administrator, Sharon Anderson, County Counsel, Lara DeLaney, County Administrators Office, Julia R. Bueren, Public Works
Director, R. Mitch Avalon, Deputy Public Works Director, Tim Jensen, Flood Control, Catherine Windham, Flood Control, Abby Fateman, Dept. of
Conservation & Development
C. 40
To:Board of Supervisors
From:Transportation, Water & Infrastructure Commit
Date:May 3, 2011
Contra
Costa
County
Subject:Support federal legislation amending 1996 WRDA Section 202(g), Countywide. (100% Flood Control
District Funds) Project No. 7505-6F8189
BACKGROUND: (CONT'D)
variance is approved. The FC District levees impacted by this policy were designed with
vegetation as an integral part of the facility and as environmental mitigation.
The proposed guidelines will place the FC District in a very difficult situation to either
violate State Endangered Species Law to comply with the variance requirements or lose
storm damage funding from the Corps for noncompliance. Complying with the
guidelines would also break a covenant with the community on their expectation for
vegetation within flood control channels. In addition, the FC District does not have the
funds to obtain a variance or comply with the guidelines.
The following actions have been taken by the FC District and our Congressional
Delegation since the Corps published their vegetation variance policy in the Federal
Register on February 9, 2010:
1. March 15, 2010, letter from FC District to Corps expressing concerns with the variance
policy.
2. April 20, 2010, letter to Congressional Delegation from the Board of Supervisors
describing the impacts and requesting assistance to engage the Corps on this issue.
3. September 28, 2010, letter to Congressional Delegation from the Board of Supervisors
requesting that they sign a statewide letter to the Corps.
4. October 11, 2010, Press Conference hosted by the Board of Supervisors with
Congressmen Garamendi and Miller represented.
5. December 6, 2010, letter from California Congressional Delegation to Corps Assistant
Secretary asking that the Corps work with local and state officials.
6. February 15, 2011, letter from California Congressional Delegation to Corps Assistant
Secretary asking for a delay in implementation of their vegetation guidelines and to work
with California stakeholders to resolve issues.
7. April 8, 2011, letter from California State Association of Counties to Senator Boxer,
Congresswoman Matsui, and Congressman Garamendi proposing amendment of 1996
WRDA language.
Several other agencies at the state and federal level have made similar requests to the
Corps. To date, the Corps has not engaged the state or local officials as requested. Staff
recommends supporting the attached 2011 WRDA legislation amending 1996 WRDA
Section 202(g) regarding the Corps vegetation management guidelines. This specifically
directs the Corps to review and revise their vegetation management guidelines in
cooperation and consultation with all interested stakeholders. A statewide coalition of
agencies has drafted this proposed amendment. If 2011 WRDA legislation is not enacted,
then staff also recommends supporting other federal legislation or appropriations
legislation if necessary to engage the Corps on this issue.
CONSEQUENCE OF NEGATIVE ACTION:
The ability to engage the Corps on this critical issue will be less effective, increasing the
The ability to engage the Corps on this critical issue will be less effective, increasing the
probability that the FC District and Contra Costa communities will be adversely impacted.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Prop Amendments