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HomeMy WebLinkAboutMINUTES - 07101990 - WC.1 WC TO: BOARD OF SUPERVISORS f _ Contra �. .� a FROM: Water Committee .,;) ` Cu4 Supervisor Sunne McPeak U* Supervisor Tom Torlakson DATE: July 10, 1990 SUBJECT: Water Related Issues SPECIFIC REQUEST(S) .OR RECOMMENDATIONS(S) &BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Authorize Chair to sign a . letter re-affirming the County's commitment to the Baldwin Ship Channel Phase III project and County facilitation of financing through ship channel users. 2.. a. Direct the Community Development Department to work with the Contra Costa Water District and the East Bay Municipal Utility District on an ordinance requiring ultra-low flow toilets and low flow shower fixtures in new developments. b. Direct the Community Development Department to work with water districts and sanitary districts for potential support- of a program to encourage the retrofitting of existing developments with new low flow plumbing fixtures. 3 . Adopt a policy for Contra Costa County whereby County Counsel would be granted automatic, immediate authority to intervene on behalf of the Board of Supervisors and to represent the Board in any ensuing legal action in the event of an oil spill exceeding 5000 gallons or chemical spills affecting water quality. 4. a. Direct the Community Development Department to schedule a meeting for review of the draft Wetlands Report by relevant regulating agencies and Water Committee members prior to submittal to the Board CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTE APPROVE OTHER SIGNATURE .S Supervisor Sunne McPeak Supervisor Tom Torlakson ACTION OF BOARD ON JULTO 199U APPROVED AS RECOMMENDED ✓ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A /. UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development (orig.dept. ) ATTESTED JELL 10 1990 County Counsel PHIL BATCHELOR, CLERK OF County Administrator THE BOARD OF SUPERVISORS AND C01UNTY ADMINISTRATOR ckl/water.bos BY } , DEPUTY b. Direct the Community Development DeparbTlent to meet with regulatory agencies involved with levee restoration efforts, receive specific concerns related to removal of vegetation and wetlands habitat, and report back to the Water Committee. C. Direct County Counsel to provide a legal background and approach to the Water Committee for preservation of wetlands, and other vegetation, during levee maintenance operations. FISCAL IMPACT' None BACKGROUND/REASONS FOR RECONMENDATIONS 1. The Army Corps of Engineers has requested a reaffirmation of County support and efforts to provide financing through ship channel users for the third phase of the J.F. Baldwin Ship Channel project. The third phase of this project calls for the deepening of channels by dredging efforts to the West Richmond Channel, the Pinole Shoal Channel and the Carquinez Strait Channel. The County has historically supported this project, assuming the role of intermediary and facilitator with the Army Corps of Engineers, ship channel users and other interested parties. A County letter of support for this project was last sent to the Corps on May 3, 1988. 2. The Water Committee has reviewed the City of Santa Monica program for low flava plumbing fixture requirements in new developments and a retrofit/rebate program for existing developments, and has determined that these policies would be applicable, in some form, to Contra Costa County. A policy of this sort would further water conservation objectives currently advocated by the County. The Water C=nittee recon nds working with the water and sanitary districts to accomplish this goal. Installation of lobi flow and ultra low flow plumbing fixtures can save tremendous amounts of water, demonstrated in the staff report and article on this issue. 3. The Water Committee is recomending the establishment of this procedure whereby County Counsel may immediately take legal action to establish the County's position in the event of an environmental disaster such as the 1988 Shell Oil Spill. The Water Committee strongly encourages the need for legal action to be immediately assessed on a case-by-case basis and instantaneous legal action taken when necessary. 4a. On October 24, 1989, the Board requested the County Fish and Wildlife Committee to provide a wetlands definition; an inventory of wetland areas for preservation, and financial methods to accomplish these goals. Since that time, the Fish and Wildlife Cmuittee has reported regularly on the status of this project and has submitted a report to the Water Committee. A joint meeting was held on June 28, 1990, in order to review in detail and receive conmtents on the revised draft wetlands report. The issue of a County definition of wetlands and a program outlining County authority in wetlands areas is a controversial and precedent-setting concept. The complexities of defining wetlands for County purposes as opposed to differing regulatory agency definitions was discussed. It was determined that a meeting with relevant regulatory agencies would be the best method by which to resolve wetlands definition issues, and gain agency insight regarding related wetlands issues. This meeting and resolution of wetlands definition issues would occur prior to submittal of the final wetlands report to the Board. 4b,c During the June 28, 1990 Water Committee/Fish and Wildlife Committee meeting to review the Wetlands Report, the removal or stripping of wetlands vegetation during levee maintenance operations was discussed. This issue was most recently brought to the Board's attention by problems associated with levee maintenance operations at Quimby Island. The Water Committee recam ends actions by the Community Development Department to determine relevant regulatory agency concerns regarding levee operations/vegetation stripping, and actions by County Counsel to provide legal background and a legal approach towards resolution of this issue with regulatory agencies. The water committee recommends that a future workshop be held with relevant regulatory agencies in order to resolve these issues.