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HomeMy WebLinkAboutMINUTES - 02151994 - 1.31 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: February 15, 1994 SUBJECT: APPROVE THE COMPOSITION OF THE STORMWATER UTILITY ASSESSMENT APPEAL BOARD; AND, MAKE APPOINTMENTS FOR THE 1993-94 FISCAL YEAR. Specific Request(s)or Recommendations)&Background&Justification I. Recommended Action: 1) APPROVE the composition of the Stormwater Utility Assessment Appeal Board as follows: A) Two City/Town representatives. B) One County representative. C) Two alternates from either City/Town or County. 2) APPOINT the following members and alternates to the Stormwater Utility Assessment Board for 1993-94: Members: -. A) Mark Lander, City Engineer - City of Lafayette B) Marcia Raines, Public Works Director - City of Martinez C) Joseph "Bud" Murphy, Assistant Public Works Director - Contra Costa County Alternatives A) Rick Angrisani, City Engineer - City of Clayton ' B) John Fuller, City Engineer - City of Concord l� II. Financiallmpact: The administrative costs to operate the Stormwater Utility Assessment Appeal Board will cost approximately $5,000 for the 1993-94 Fiscal Year. The costs shall be funded by cities and county directly proportioned to the number of appeals filled per jurisdiction. Contra Costa County shall fund expenses through their Stormwater Utility Assessment Fees. Continued on attachment: X yes SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON:—TAPPROVED AS RECOMMENDED OTHER CYa VOTE OF SUPERVISORS UNANIMOUS (ABSENT AYES: NOES: he.,ah,, a�rt;h, tnst ttss a rrr:o ano cor-,ect copy of ABSENT: ABSTAIN: an action, taken ann cLntered on the minutes of the Board of Supervisors on the date shown. ATTESTED: Contact: Donald P. Freitas(510)313-2373 PHIL BATCHELOR,6Wrk of the Board Orig. Div.: PW(NPDES) of Supervisors anti Countv Adminiptratof cc: County Administrator ` Auditor-Controller Ble _ _._.,d_ __ Deputy Public Works �,t -, -Accounting, R.Gilchrist DPF:fp M. K_4 s icEr' h:\BO\Appeal15.t2 SUBJECT: APPROVE THE COMPOSITION OF THE STORMWATER UTILITY ASSESSMENT APPEAL BOARD; AND, MAKE APPOINTMENTS FOR THE 1993-94 FISCAL YEAR. February 15, 1994 Page -2•- III. Reasons for Recommendations and Background: The Board of Supervisors acting for and on behalf of the Contra Costa County Flood Control and Water Conservation District established on June 22, 1993 an ordinance calling for the creation of seventeen (17) Stormwater Utility Areas within Contra Costa County and the imposition of Stormwater Utility Assessment Fees within each area. The ordinance provides for the creation of the Stormwater Utility Assessment Appeal Board which "... shall contain at lest three members and shall be appointed by The Board of Supervisors." The composition and possible appointments to the Stormwater Utility Assessment Appeal Board was discussed with the Public Managers' Association on January 13, 1994 and the Contra Costa Cities ♦ County ♦ District Stormwater Pollution Control Board's Management Committee on January 19, 1994. The unanimous recommendation of both organizations is the composition of the appeal board should be as follows: 1) Two City/Town representatives. 2) One County representative. 3) Two alternates from either City/Town or County. Each position shall minimally be filled with the equivalent of the Public Works Director or City Engineer. The term of office shall be for one year. A member of the appeal board can not hear an appeal from their jurisdiction. The recommended appointments to the Stormwater Utility Assessment Appeal Board were also unanimously approved by both organizations. The appeal procedure is a three step process. The first step involves the Chief Engineer or his designee for the Contra Costa County Flood Control and Water Conservation District who hears the appeal and attempts to satisfactorily resolve it. Should the appeal not be resolved at this stage, then it proceeds to the Stormwater Utility Assessment Appeal Board. If the appeal is not satisfactorily resolved at this level, then it proceeds to the Board of Supervisors acting for and on behalf of the Contra Costa County Flood Control and Water Conservation District. The Board of Supervisors is the final arbitrator of all appeals. IV. Consequences of Negative Action: Should the composition and appointments to the Stormwater Utility Assessment Appeal Board not be approved, then all appeals will go directly from the Chief Engineer to the Board of Supervisors for determination. This could prove extremely ineffective and time consuming for the Board of Supervisors. It is anticipated that most appeals will be handled at either the Chief Engineer or Stormwater Utility Assessment Appeal Board level.