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HomeMy WebLinkAboutMINUTES - 01252000 - C68-C70 CONTRA TO: BOARD OF SUPERVISORS ;• ' y ` COSTA • FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR COUNTY h.. . DATE: January 18, 2000 SUBJECT: New Cable TV License for Soren Innovations, Inc. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)3 BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): EXTEND the time for review of the new Cable TV License application submitted by Seren Innovations, Inc. to June 30, 2000. FINANCIAL IMPACT: Soren Innovations, Inc. submitted a $1,000 application fee with the License Application and has agreed to cover all costs related to the review of the application. BACKQROU,ND/RF=AAONISI FOR RECOMMENDATIOWSI. In September, 1999, Seren Innovations, Inc. submitted a Cable TV License(franchise) application to the County to serve unincorporated areas around Concord, Walnut Creek, Clayton, Pleasant Hill and Danville. Staff had Telecommunications Management Corp. do an initial review of the application. They determined that the application met the County Cable Ordinance requirements but that some areas remained for negotiations. Because the Cities of Clayton, Danville and Pleasant Hill also received a similar franchise(license) request, the County and the Cities agreed to contract with Miller&Van Eaton, P.L.L.C. to conduct negotiations and finalize a license agreement with Seren. This has proven cost effective in previous licensing agreements and has resulted in better agreements for all involved. In order to complete this process, additional time is needed. County Cable Ordinance No. 93-55 , Section 58-4.022, specifies a one hundred and twenty-day review period, which can be reasonably extended by the Board. Therefore, staff requests the above extension to June 30,2000 since the one hundred and Nmrity-day period has been reached and the review process is not complete. CONTINUED ON ATTACHMENT: —YE j7 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BoAkb( COMMITTEE APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON JJJ=&a 2 2004 APPROVED AS RECOMMENDED M OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS 13 A UNANIMOUS(ABSENT - -- -_-__ 1 TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED--_1 'Y 25, 2000 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact cc: Cable TV Administrator Seren Innovations,Inc. By ,DEPUTY t�� C.6q TO: BOARD OF SUPERVISORS Contra FROM: Phil Batchelor •I Costa County DATE: January 25, 2000 SUBJECT: DELEGATION OF INVESTMENT AUTHORITY TO THE COUNTY TREASURER Specific Request(s) or Recommendations) & Background &Justification RECOMMENDATION APPROVE the delegation of authority to the County Treasurer for investing and reinvesting County funds and the funds of other depositors in the County treasury, or to sell or exchange securities so purchased, pursuant to section 53607 of the State Government Code. BACKGROUND State law provides that the Board of Supervisors may delegate to the County Treasurer the authority "to invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased" for a one year period. This Board Order recommends this delegation be renewed through the calendar year 2000. Continued on Attachment:—YES Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s): ,t Z/" Action of Board on: jmu= 25,2000 Approved as Recommended xx Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN Unanimous (Absent- - -_) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Contact: Tony Enea (335-1094) Attested: January 25. 2000 cc: Treasurer-Tax Collector Phil Batchelor, Clerk of the Board of Supervisors County Administrator A/, rB , DEPUTY Contra Costa County To: Board of Supervisors From: Dr. William B. Walker Director of Health Services Kenneth C. Stuart Director of Environmental Health Date: January 25, 2000 Subject: APPROVE REPORT OF ENVIRONMENTAL HEALTH DIRECTOR CONCERNING AMENDMENTS TO COUNTY ORDINANCE CODE RELATIVE TO INDIVIDUAL SEPTIC SYSTEMS. Specific Request(s) or Recommendation(s) and Background and Justification RECQMMENDATION: 1. Approve the below status report from the Environmental Health Division on the revision of the County's septic ordinance. 2. Acknowledge receipt of the attached amendments to Chapter 420-6 ofthe Contra Costa County Code that regulates subdivisions and individual sewage systems. 3. Instruct the Environmental Health Division to initiate public review of the amendments. FISCAL IMPACT: Additional program costs for approving alternative onsite waste disposal systems and administering the oversight program should be covered by the existing fee schedule. The Division will be proposing that routine field monitoring of the systems will be performed by the contractors or homeowners,thus minimizing the need for additional staff, If contractors or homeowners fail to conduct the ongoing monitoring and reporting program, it may require an additional staff to conduct such a program. Continued on Attachment: X Yes Signature: Recommendation of County Administrator Recommendation of Board Committee Approved Other Signature(s): Action of Board on_1/25/2000 Approved as Recommended Other x see addendum Note of Supervisors: SEEI NCE 0 2&9Q-Q- 0 x Unanimous (Absent } ere y cert y that t its is dfiue and correct Ayes Noes copy of an action taken and entered on the Absent Abstain _ minutes of the Board of Supervisors on the date shown. Contact Person: Kenneth C. Stuart 646-5137 Attested January 25, 2000 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator cc: Health Services Department Environmental Health County Administrator by0,/ Deputy la uwy 19,2M - 1 � Attachement: Amendment to County Ordinace Code relative to individual septic systems. STATUS REPORT: At the January 11,2000 Board of Supervisors meeting,Beard members voted to request the Environmental.Health Division and County Counsel to revise Contra Costa Code Section 420-6.509 relative to subdivisions and individual septic systems and report back to the Board no later than January 25, 2000 for commencement of the necessary legal hearings required to implement the revised code. The proposed amendments to the Contra Costa County Code regulating subdivisions and individual sewage systems, including Section 420-6.509, are attached. The San Francisco Bay and Central Valley Regional Water Quality Control Boards delegate the regulation of onsite wastewater management systems(individual septic systems)to counties. In 1951,the Board of Supervisors delegated the regulation and enforcement authority for onsite wastewater systems to the Environmental Health Division of the Department of Health Services. Chapter 420-6 of the Contra Costa County Code delineates the codes governing the installation and operation of individual onsite wastewater systems, and minor amendments to the codes were approved in 1989 and 1994. The regulations governing the installation of individual sewage disposal systems pursuant to Title 4,Division 420, Chapter 420-6 of the Contra Costa County Code were adopted by the Health Officer on March 2, 1983 and have not been amended. When the original codes and regulations were adopted, alternative systems were regarded as smaller community systems serving a limited number of homes and not discharging to a community sewage system. During the past twenty years, technology involving alternative onsite wastewater management systems has developed to the level that they can function well for single homes in areas where conventional systems are not suitable. These alternative systems normally produce a higher quality effluent than that produced by conventional systems. The keys to a properly functioning alternative system are the correct installation of the system and ongoing maintenance and monitoring of the system. When Chapter 420-6 of the Contra Costa County Code was adopted in 1981, alternative individual systems were allowed for subdivisions outside of an existing incorporated city, sanitary or sanitation district only if a governmental agency was formed, to be responsible for such systems. The effect has been that the Environmental Health Division has been able to approve alternative individual systems only for repairs to existing systems and for a limited number of new homes on previously approved subdivisions. Approval of the use of alternative systems for new homes has been carefiilly coordinated with the appropriate Regional Water Quality Control Board staff, and includes ongoing monitoring requirements and disclosure. Regional Water Quality Control Board staff agrees that our County's Codes and Regulations on onsite wastewater management should be updated before a comprehensive alternative individual system program can be implemented. In the interim, proposed subdivisions that would need to developed on alternative individual systems have not been approved for onsite wastewater disposal by the Division staff unless the subdivision can annex to a community sewage district or the systems can be installed and maintained by a government entity.. Division staff has been working with County Counsel to prepare amendments to the Code that will meet the needs of today's onsite wastewater management program. It is believed that major revisions to the existing ordinance codes will not be needed. The majority of the program changes can be accomplished by changes to the regulations, and the initial draft of these proposed regulations have been submitted to County Counsel and Regional Water Quality Control Board staff for review. It is the intent of Division staff to have both the amendments to the Code and Regulations available for public review by February 2000, and hold public hearings in early March 2000. Jammy 19,2" - 2 - ORDINANCE NO. 2000- (SUBDIVISIONS AND INDIVIDUAL, SYSTEMS) The Centra Costa County Board of Supervisors ordains as follows Omitting the parenthetical footnotes from the official tent of the enacted or amended provisions of the County Ordinance Cade): SECTION 1. SUMMARY, This ordinance amends specified provisions of Chapter 420.6 of the County Ordinance Code, to allow alternative systems to be used in subdivisions without creating a government agency to install and maintain the system, to require operating permits for alternative systems, to define alternative and standard systems, to modify the definition of individual system, and to clarify that fees may be established by ordinance or resolution of the Board of Supervisors. SECTION 11. Section 420-6.102 is added to the County Ordinance Code, to define"alternative system,"to read: 424-6.102 Alternative system. "Alternative system"or"alternative sewage disposal system" means any individual sewage disposal system that does not include a standard septic tank and/or does not include standard leaching trenches for effluent dispersal, and which system has been demonstrated to function in such a manner as to protect water quality and preclude health hazards and nuisance conditions. (Ord. 2004-�§2.) SECTION III. Section 420-6.111 of the County Ordinance Code is amended, to amend the definition of "individual system,"to read: 420-6.111 Individual system. Individual system" or"individual sewage disposal system" means any system of piping,treatment devices or other facilities designed for the disposal of sewage other than into a sanitary sewer. Individual systems include standard and alternative systems. (Ord. 2000-_§ 3: Ord. 51-30 § 1: § 424-6.442(3): Ord. 74-67 § 3: prior code § 4640(d): Ord. 1440 § 1.) SECTION IV. Section 420-6.116 is added to the County Ordinance Code, to define"standard system," to read: 424-6.116 Standard system. "Standard system" or"standard sewage disposal system" means an individual sewage dispersal system that includes a septic tank, and by which method subsurface effluent is disposed of through leachlines. (Ord. 2000-. _ § 4.) SECTION V. Section 420-6.549 of the County Ordinance Code is amended, to allow alternative systems to be used in subdivisions in the unincorporated area without creating a government agency to install and maintain the alternative systems, and to expressly require operating permits for alternative systems, to read: 420-6.509 alternative individual system. (a)Allowed. The health officer may approve, conditionally approve, or deny an application to use an alternative system. No alternative system will be approved for installation in a septic tank moratorium area, a water quality control board prohibition zone,or in any incorporated city, or sanitary or sanitation district without approval by that city or district. (b)Requirements. An alternative system must meet all applicable provisions of this chapter and: (1)All local, state, and federal laws and regulations, (2) Certification and testing requirements of an appropriate governmental agency; and (3)Approval requirements of N.S.F. (National Sanitation Foundation), I.A.P.M.O. (International Association of Plumbing and Mechanical Officials), or other recognized industry standard. (c) Operating Permit Required. The property owner shall obtain and at all times maintain an operating permit for an alternative system. The operating permit may be issued for such period, and include such conditions (such as monitoring requirements) as the health officer determines for the protection of the public health, welfare and the environment. Pursuant to section 420-6.307, the health officer may from time to time, establish regulations for operating permits and the operation of alternative systems. (Orris. 2004-�§ 5; 81-30 § 1.) January 19.2000 ORD. 2000- -3 - __ SECTION VL Section 420-6.701 of the County Ordinance Code is amended to read: 420-6.701 Genera[. An applicant shall pay such fees as are established by the board from time to time by ordinance or resolution, for the conduct of investigations, tests and inspections,the issuance of permits, and as necessary for the proper administration of this chapter. The fees shall be non-refundable unless otherwise provided and shall be paid to the health officer at the time of filing or other request by the applicant. No fees are required when the health officer receives from the applicant a written statement by a district or city governing body indicating that sewers and a sewage treatment plant are available and adequate to handle the additional volume of sewage from the proposed improvement. (Ords. 2000-- § 6; 81-30, § 1.) SECTION VII. Section 420.6.703 (added by Ordinance No. 81-30, § 1) is repealed because its subject matter is covered by section 420-6.701. SECTION VIII. Section 420-6.705 (added by Ordinance No. 81-30, § 1)is repealed because its subject matter is covered by section 420-6.701. SECTION IX. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the Supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED on , by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Deputy Board CK [SEAL] LTF x: xnnvmV.m,at010019.wpa .rangy..rs,2WO ORD. 2000— _4 — ADDENDUM ITEM C.70 JANUARY 25, 2000 On this date, the Board of Supervisors considered the report of the Environmental Health Director concerning Amendments to the County Ordinance Code relative to individual septic systems. Supervisor Canciamilla moved the following under recommendations: 1. Modify recommendation 1 to read ACCEPT the below status report from the Environmental Health Division on the revision of the County's septic ordinance. 2. Modify recommendation 2 to read INTRODUCE the attached amendments to Chapter 420-6 of the contra Costa County Code that regulates subdivisions and individual sewage systems and schedule adoption for the next regular Board meeting. 3. Recommendation 3 to read INSTRUCT the Environmental Health Division to initiate public review of the entire set of amendments and regulations and under that section it would read that review shall include: 1. review of all amendments to the code; 2. a review of how Environmental Health intends to implement those code sections; and 3. instruct the department to coordinate with the offices of the Supervisors in Districts II and V for publicity and the targeting of key participants when scheduling public hearings. Supervisor Uilkema seconded the motion. Supervisor Canciamilla later clarified that the section that was being introduced was only section 4206.509 and that there should also be a referral to the Community Development Department on the entire ordinance in order for them to begin the process of conducting environmental review if necessary. IT IS BY THE BOARD ORDERED that recommendations 1,2, and 3 are APPROVED as modified; and Ordinance No. 2000-03 is INTRODUCED and February 1, 2000, is SET for adoption of same; and the entire Ordinance is REFERRED to the Community Development Department for review and recommendation.