HomeMy WebLinkAboutMINUTES - 12062011 - C.16RECOMMENDATION(S):
1. ADOPT Resolution No. 2011/490, declaring the Board’s intent to establish Zone 100 of
the Contra Costa County Flood Control & Water Conservation District (“District”) and
fixing a public hearing regarding said resolution for January 17, 2012, at 10 a.m. in Room
107 of the Board of Supervisors Chambers, Administration Building, 651 Pine Street,
Martinez, California.
2. DIRECT the Clerk of the Board to publish a notice of the hearing once a week for three
(3) successive weeks prior to the hearing in the Contra Costa Times. Publication shall be
complete at least seven (7) days before said hearing and said notice shall be given for a
period of not less than twenty (20) days.
3. DIRECT the Clerk of the Board to forward a copy of Resolution No. 2011/490 to the
governing bodies of the following cities and towns at least twenty (20) days before the
January 17, 2012, hearing: Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito,
Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill,
Richmond, San Pablo, San Ramon and Walnut Creek.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/06/2011 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: Paul Detjens (925)
313-2394
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: December 6, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Laura Strobel, B. Campbell, Paul Detjens, Carl Roner, Cece Sellgren, Adrience Clark, Catherine Windham
C.16
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:December 6, 2011
Contra
Costa
County
Subject:Fix Hearing to consider the formation of Flood Control Zone 100, Project No. 7505-6F8520
FISCAL IMPACT:
The cost to form this zone is approximately $5,000, which will be funded by the District.
BACKGROUND:
The Contra Costa County Flood Control and Water Conservation District Act (West’s
Ann. Cal. Water Code App., 63) (the “Act”) authorizes the Board, as governing board of
the District, to establish zones of the District.
District staff is proposing the establishment of Flood Control Zone 100. Flood Control
Zone 100 would consist of the entire area of Contra Costa County, encompassing the
unincorporated areas and the 19 cities and towns located in the county. A map and
description of the proposed zone are attached as Exhibit A to Resolution No. 2011/490.
Staff is proposing the establishment of Flood Control Zone 100 in conjunction with a
separate proposal to establish a new Countywide parcel fee to fund activities required to
comply with National Pollutant Discharge Elimination System permits held jointly by the
District, County and the above-referenced 19 cities and towns. The parcel fee measure
contains assurances that fee revenues will be spent on projects in the communities from
which the revenues were collected. However, under the Act, the proposed fee may be
used only for the acquisition, construction, engineering reconstruction, maintenance and
operation of the flood control, storm drainage, water or sewerage facilities of a zone.
Some areas of the County, including El Cerrito, Orinda, Moraga, Pittsburg and Clayton
are not currently located in any zones. Without the formation of the new zone, there may
be an impediment to spending fee revenues in those communities.
As a later step in the related process to enact a Countywide parcel fee, the District will
enter into a cost sharing agreement that will dictate the terms of sharing this revenue with
the County, and the 19 cities and towns. The percentage of funds to be shared with the
County and the Cities has not yet been negotiated. Any cost sharing agreement will be
brought back to the Board as a separate item for approval.
The establishment of a new zone begins with a resolution of intention to create the zone,
which staff is recommending the Board approve today. This is followed by a period of
public notice of a hearing and then the hearing, at which hearing the Board must consider
all written and oral objections to the proposed zone. Upon the conclusion of the hearing,
the Board may either abandon the proposal or proceed with the formation of the zone,
unless there (1) a written protest is filed by a majority of property owners (measured by
assessed property valuation), in which case proceedings must either be abandoned or
suspended for at least six months; or (2) a written petition for an election is filed by 25
percent of the registered voters within the proposed zone, in which case a special election
must be called.
CONSEQUENCE OF NEGATIVE ACTION:
If Resolution No. 2011/490 is not approved, Flood Control Zone 100 will not be created.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Resolution No. 2011/490
Exhibit A Legal Description