HomeMy WebLinkAboutMINUTES - 12102013 - C.12RECOMMENDATION(S):
I. APPROVE the Principles of Understanding among the Contra Costa County Flood Control and Water
Conservation District, Zone 7 Water Agency, Contra Costa County Water Agency and Contra Costa County for the
establishment of a separate Zone 7 Water Agency; and,
II. REFER this to the Legislation Committee for monitoring future legislation anticipated with the Principles of
Understanding and the establishment of a separate Zone 7 Water Agency.
FISCAL IMPACT:
No fiscal impact. Some staff costs will be incurred, but Zone 7 has agreed to pay reasonable costs to the County in
reviewing their proposal. This is outlined in Section 3 “Financial Provisions” in the Principles of Understanding.
BACKGROUND:
Alameda County Flood Control and Water Conservation District has 10 flood control zones throughout the County.
Flood Control Zone 7 covers all of Eastern Alameda County. Zone 7 is unique in that it also provides water
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/10/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Mitch Avalon
925-313-2203
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 10, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: David Twa, Sharon Anderson, Catherine Kutsuris, Mitch Avalon, Steve Kowalewski, Jill Duerig, Daniel Woldesenbet, Hank Ackerman, Ryan
Hernandez
C.12
To:Board of Supervisors
From:TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE
Date:December 10, 2013
Contra
Costa
County
Subject:Approve Principles of Understanding with Alameda County's Zone 7 on Establishing a Separate Water Agency
BACKGROUND: (CONT'D)
supply services to Eastern Alameda County in addition to Dougherty Valley in Contra Costa County. Over the
years Zone 7, through agreements with the Alameda County Board of Supervisors and State legislation, has
gained increasingly separate authorities and autonomy from the Alameda County Flood Control and Water
Conservation District. Last year, Zone 7 proposed legislation that would separate them completely from the
Alameda County Flood Control and Water Conservation District and create a separate and independent Special
District. Attached is an issue paper from Zone 7 that explains why Zone 7 is endeavoring to be an independent
special district. More detailed information is available on their website at
http://www.zone7water.com/about-us/independence.
Senate Bill 1337 was introduced by Senator De Saulnier on February 24, 2012. This legislation would have
created an independent Zone 7 Water Agency providing services in the Flood Control Zone 7 area of Alameda
County and in the Dougherty Valley area within Contra Costa County. The legislation would have created the
new Water Agency using a Flood Control District statutory format. This caused concerns with two agencies
having Flood Control District authorities within the Dougherty Valley area of Contra Costa County.
On May 8, 2012, the Contra Costa County Board of Supervisors heard a report on SB 1337 and the concerns to
protect the Contra Costa County Flood Control and Water Conservation District’s rights and authorities in the
Dougherty Valley area. The Board then authorized the Chief Engineer of the Contra Costa County Flood Control
and Water Conservation District to work with the Alameda County Flood Control and Water Conservation
District, Zone 7 and Senator De Saulnier on amendments to the legislation to address our concerns. The Board
also acknowledged Zone 7’s desire to fully bring Dougherty Valley into their service area with all the rights and
representation that other rate payers enjoy in the Alameda County portion of their service area. Ultimately, Senator
De Saulnier pulled the legislation so that concerns and issues raised in Contra Costa County and Alameda County
could be resolved.
Since that board meeting last year, staff from the Contra Costa County Flood Control and Water Conservation
District has worked with Zone 7 staff to address all of our concerns. In doing so, staff developed the attached
Principles of Understanding which will guide staff in the Contra Costa County Flood Control and Water
Conservation District, Contra Costa County Water Agency, and Contra Costa County in reviewing proposed
legislation, and guide staff from Zone 7 in developing legislation to achieve their goal. Contra Costa County Flood
Control and Water Conservation District staff has also been in contact with the Alameda County Flood Control
and Water Conservation District staff on this issue. Because this is ultimately a political process, the Principles of
Understanding include a role for the Transportation, Water and Infrastructure Committee as a “policy approval
liaison” between Zone 7 and the County.
It is also recommended to refer this to the Legislative Committee to monitor the development of any legislation
regarding the creation of a separate Zone 7 Water Agency. There is no action needed at this time as Zone 7 staff
doesn’t anticipate legislation being submitted for two or three years.
The Transportation, Water and Infrastructure Committee considered this item on October 3, 2013 and
recommends full board approval. Subsequently, the Zone 7 Board of Directors approved the Principles of
Understanding at their October 16, 2013 meeting. Attached is their approval Resolution No. 14-4315.
CONSEQUENCE OF NEGATIVE ACTION:
The Principles of Understanding will not be approved and staff will not have guidance in working with Zone 7 to
develop legislation in creating their separate Water Agency.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Zone 7 attachment