Loading...
HomeMy WebLinkAboutMINUTES - 07171990 - S.2 TO: BOARD OF SUPERVISORS rh0M. Supervisor Torlakson Contra Introduced July 10, 1990 for action Costa Jul 17 x.990 , (�;(li int\/ D n E NEEDFORCLOSE COORDINATION BETWEEN CONTRA COSTA AI�Tbr`'iif�' � J' SUBJECT: RECLAMATION DISTRICTS OF THE BETHEL ISLAND SPECIFIC PLAN RD-799 AND BIMID. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 1) Support the concept of a Joint Powers Authority between the two districts (BIMID and RD-799 ) and Contra Costa County. 2) Support a cooperative program for utilizing SB 34 funds and for generating local funds as matching funds for the program. 3) Refer to County Administrator, to coordinate a meeting with, County Counsel, the Community Development Department, Building Inspection Department, and Department of Public Works to review the concept of a Joint Powers Authority. The purpose of this JPA would be to facilitate better coordination and communication between the County, Reclamation District 799 and the Bethel Island Municipal Improvement District, especially with regard to building or land use permits that may effect the structure or safety of the levees or impact on standards protected by the districts . The meeting should also include a discussion on the topics of levee encroachment and SB34 coordination. BACKGROUND INFORMATION: Recently, the State Senate Bill 34 program was enacted to rehabilitate and upgrade levees . Several meetings have been held regarding flood plain and FEMA standards and the need to bring levees into compliance with federal and district standards . I have also brought this to the attention of the department heads involved. The success of this project requires close cooperation between the County and the levee maintenance districts . It has come to my attention, however, that despite the knowledge that the county and the districts must work together to make this effort successful, several permits have been granted without the Reclamation District' s approval. This lack of coordination by the county dramatically underscores the need for a closer cooperative relationship between the districts and the county. The special districts are working very hard to bring the levees into compliance. It is extremely important to the success of this project to establish a system that will enable the county and the districts to work together more effectively. Reclamation District 799 Chairman, Bob Grommhas drafted a Joint .Powers Authority agreement for our consideration as a way to deal with the problem of lack of communication. Attached is a copy of his draft. CONTINUED ON ATTACHMENT: ,1= YFS SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE __..� APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON _ July 17 , 1990 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS —X_ UNANIMOUS (ABSENT _ I , IV ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: , NOES: __ AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ___, ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS N THE DATE SHOWN. CC: County Administrator ATTESTED /7 990 County Counsel P 11 Rate lor, Cluk of the Bon(f of Community Development Supervisors and County Administiatu Building Inspection Public Works M392/7-83 BY DEPUTY J AGREEMENT Es �/� Cj /,i [P\Y CCC/RD�7_99. PACT c �-, • � �ft LF CHIS AGREEMENT made and entered into by and between the COUNTY OF CONTRA COSTA and RECLAMATION DISTRICT 799, political subdivisions of the State of California; WITNESSETH: WHEREAS, the building codes of Contra Costa County do not speci.fically. address those existing structures that encroach into the levees protecting an area known as Hotchkiss Tract and maintained and rehabilitated by Reclamation District 799; and WHEREAS, it is the wish of both Contra Costa County Building Permit and Inspection Departments and the Board of Trustees of Reclamation District 799, referred to hereinafter as the signatory agencies, to be able to coordinate either the removal or the moving batt:: of these encroachments to a position consistent with good levee maintenance procedures; and WHEREAS, the signatory ageni.ces believe the best method of addressing the building permit process is to form a ,joint exercise of powers of the signatory agencies; and WHEREAS, , Title _1 , Division -7----, Chapter --5---, of the Government Code of the State of California authorizes the .joint exercise of agreement of two or more agencies of any power common to them; and WHEREAS, the signatory agencies hereto agree that the CCC/RD- 799 PACT should be established for the purpose of coordinating the conditions underwhich a building permit may be issued to enable the repair, restoration, rehabilitation, destruction or moving of a structure determined to be a levee encroachment by a .cross- section survey of the levee at the structure' s location. NOW, THEREFORE, in consideration of the mutual terms, covenants, and ,conditions herein, the signatory agencies agree as follows: 1 - The purpose of this agreement is to establish for a period of not less than three years a PACT between the signatory agencies under which county building permits would be issued for structures located on or near a levee located within Reclamation District 799 boundaries only after both. signatory agencies have inspected the permit application' s required construction plans. - Before a permit is issued, both signatory agencies will collect a permit fee based upon each agency' s established fee structure and policies. (more on page 2 of 2) Page of t' CCC/RD-799 PACT continued 3 - Both signatory agencies may maF::e changes and establish � conditions on the application' s plans to bring the plans t►)ithin the regulatory policies of the signatory agencies. 4 - At the time of a final inspection of the permitted structure, both signatory agencies will be required to "sign off" on the building permit before it is final . 5 - Signatures authorized to sign off building permits will be the regular Contra Costa County .Building Inspectors' s authorized signatures, and for Reclamation District 799, the signature of either the District' s Engineer, Board Chairman, Secretary, or Levee Superintendent. b - It is mutually agreed that if a levee cross-section survey designates a structure 'as an encroachment that is within the design-levee, there will be no question on conditioning the permit to make sure the structure is either removed or moved back. out of the design-levee' s profile before final inspection sign- off. 7 - It also is mUtually agreed that the definition of the word "structure" Could mean any of the followings house, garage, porch, walkaway, solid fence, chain-link: fence with a locked gate, or without a gate, bulkhead and/or retaining wall on the landside and/or waterside of the levee, storage shed, patio room covered or uncovered, deck: of wood or other materials, or any type of an erected facility for human, animal , storage, or retaining use. 8 - It also is mutually agreed that if under county law, a structure does not require a county building permit, the structure may not be excused from making an application for a permit required under Reclamation District 799' s policies and/or resolutions. 9 - This agreement may be amended or dissolved by the unanimous approval of the signatory agencies. 10 - This agreement becomes effective when signed by the Director of the Contra Costa County Building Permit and Inspection Department and the Chairman of the Board of Trustees of Reclamation District 799. DATED --------------------------. ------------------------------- -------------------------------- Director, Building Permit and Chairman of Board of Trustees, Inspections, Contra Costa County. Reclamation District 799.