HomeMy WebLinkAboutMINUTES - 01172012 - SD.3 (2)RECOMMENDATION(S):
1. OPEN the public hearing, CONSIDER all public comments received regarding the
proposed formation of the Contra Costa County Flood Control and Water Conservation
District Zone 100, and CLOSE the public hearing.
2. DETERMINE that the formation of Zone 100 is not subject to the California
Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061 (b)(3) of the
CEQA Guidelines.
3. DIRECT the Conservation and Development Director, or designee, to file a Notice of
Exemption with the County Clerk.
4. AUTHORIZE the Chief Engineer of the Contra Costa County Flood Control and Water
Conservation District (“District”), or designee, to arrange for payment of a $25 fee to the
Department of Conservation and Development for processing, and a $50 fee to the County
Clerk for filing the Notice of Exemption.
5. ADOPT Resolution 2012/6 approving the formation of Zone 100.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 01/17/2012 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: January 17, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: L. Strobel, County Administrator's Office, B. Campbell, Auditor-Controller's Office, P. Detjens, Flood Control, C. Roner, Flood Control, C. Sellgren,
Flood Control, L. Chavez, Environmental, A. Clark, PW Finance, C. Windham
SD.3
To:Contra Costa County Flood Control District Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:January 17, 2012
Contra
Costa
County
Subject:Hearing to Consider Formation of Flood Control District Zone 100 and related findings under CEQA,
Countywide. Project No. 7505-6F8520, CDD–CP# 11-97
FISCAL IMPACT:
The cost to form this zone is approximately $5,000, which will be funded by the District.
(100% Drainage Zone Funds)
BACKGROUND:
The Contra Costa County Flood Control and Water Conservation District Act (West’s
Ann. Cal. Water Code App., § 63) (the “Act”) authorizes the Contra Costa County Board
of Supervisors, as governing board of the District, to establish zones of the District.
District staff is proposing the establishment of Contra Costa County Flood Control and
Water Conservation District Zone 100, which 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 100 are attached as
Exhibit A to Resolution No. 2012/6.
Staff is proposing the establishment of 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 Contra Costa County Board of Supervisors (“Board”) as a separate
item for approval.
The establishment of a new zone began on December 6, 2011, when this Board adopted a
resolution of intention to create Zone 100. This was followed by a period of public notice
of today’s hearing. At this 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 (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. 2012/6 is not approved, Zone 100 will not be created. Without the
formation of the new zone, there may be an impediment to spending fee revenues in those
communities.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
Closed the public hearing.
ATTACHMENTS
Resolution No. 2012/6
Exhibit A
CEQA