HomeMy WebLinkAboutMINUTES - 03041997 - C56-C60 C. 56 and C.57
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 4, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Correspondence
C.56 LETTERS dated February 12, 1997, from Patricia Ann Kratina, 320 Woodview, Oakley,
CA 94561 and R. & B. Novarina, 1629 Carpenter Rd., Oakley, CA 94561, commenting
on the service provided by the Oakley Fire Department.
*****REFERRED TO CHIEF, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
C.57 LETTER dated February 21, 1997, from Ruth E. Brackett, Chairperson, San Luis Obispo
County Board of Supervisors, County Government Center, San Luis Obispo, CA 93408,
urging the Contra Costa County Board of Supervisors to adopt a resolution opposing the
use of the State Water Resources Control Board's "containment zone" rule.
*****REFERRED TO THE WATER COMMITTEE
IT IS BY THE BOARD ORDERED that the above recommendations as noted (*****) are
APPROVED.
t hereby oerdty that this Is a true and correcti of
an action taken and entered on the minutes o Me
c.c. Correspondents (3) eoam of Supetnaors on the data shown.
Chief, Contra Costa County Fire Protection District ATTEBTED'
PHIL BATCHELOR,Clark of Ma Dowd
Water Committee
ofS/uparNe^orpe and County Administrator
BY (/ . Imo' vMptW
February 12 , 1996 {
Clerk of the Board
651 Pine Street
First Floor
Martinez , California 94553
Dear Contra Costa County Board of Supervisors :
After attending an Oakley Municipal Advisory Council
meeting last Monday night, I have become very concerned
with the possibility of the elimination of the Oakley
volunteer firefighters . I have lived in Oakley almost 20
years and know a lot of residents , and I have heard
nothing but praise from anyone who has had to call them to
come out.
These firefighters are really unusual in that the job
they perform isn' t routine to them. They perform their
duties with enthusiasm, they care about the people in
Oakley, and they are quick to respond to a call for help.
Sally Story lives across the street from O'Hara Park
and a few years ago she credits the first firefighters
that arrive at her house in saving her home. She had a
grease fire , and the damage was confined to the kitchen,
but could of been a lot worse if the Oakley firefighters
hadn' t arrived at her house so quickly.
When my husband and I were at Radio Shack in the
Oakley Lucky' s Shopping Center, a woman collapsed on the
floor in need of medical care and within two minutes of
the call by the store' s employee, a small fire truck was
on the scene bringing in all sorts of equipment . They
arrived so fast I was still in the process of paying for a
prchase .
My children are adults now, but when they were in
preschool and elementary school , I still have movies of
the Oakley fire truck handing out oranges and candy canes .
A firemen explained to me that by doing this community
service the firefighters, especially the newer ones, learn
all the streets in Oakl ;;y. This familiarity with Oakley
streets can mean the difference between "life and death "
for someone with a heart attack or some other problem.
The "bottom line" is that if I ever needed to call
911 , I would be receiving excellent personal care by the
Oakley firemen. I feel sorry that other cities do not have
a fire department like ours in their community. They
should study our fire department and initiate some changes
to copy the way the Oakley fire department operates .
Sincerely,
Patricia Ann Kratina
Feb. 13,1997
Board of Supervisors,
Contra Costa County
651 Pine Street [CLERLKBQARD
7Co
Martinez,CA 94553
Dear Supervisors; Co
The volunteers of the Oakley Fire Department have long held a special place in the'_!
hearts of our Oakley residents. We have great pride in their professional rating. But
what makes them unique is their relationship with the community on a level that goes
beyond providing us with quick response to fire and emergency calls. The Zonal
Response system is beyond the usual service. It was instituted solely to give an extra
measure of assistance. Santa distributing gifts to all the children in Oakley from the fire
truck is a beloved tradition. When it is appropriate they follow up on their initial
response call with the offer of emotional support. They go the extra mile. Why?
Because they care. It's their community,their friends, their neighbors.
They ask very little of us while risking their lives every time they answer a call. The
Oakley firemen deserve to keep control of the Oakley station and the community needs
to speak out in support.
Sincerely,
R.&B. Novadna
1629 Carpenter Rd.
Oakley,Ca 94561
BOARD OF SUPERVISORS
COUNTY GOVERNMENT CENTER • SAN LUIS OBISPO, CALIFORNIA 93408 • 805-781-5450
February 21, 1997 RECFIV�D
RUTH E. BRACKETT
Honorable Mark DeSaulnierDISTRICT FOUR
Chairperson, Board of Supervisors F6914pg7
CLERK
Contra Costa County `ERK��ARp OF
supt
651 Pine Street NIRA COS q CO ORS
Martinez, CA 94553
RE: Resolution Supporting Full Clean-Up of Oil Spills
Dear Chairperson DeSaulnier:
The San Luis Obispo County Board of Supervisors has unanimously adopted the enclosed
resolution opposing the use of the State Water Resources Control Board's "containment
zone" rule. The resolution supports actual clean-up of contaminated sites instead of
"containment" and also emphasizes local control over these clean-up projects.
San Luis Obispo County is wrestling with two large clean-up projects in the Guadalupe Dunes
and in the Town of Avila Beach. We are now asking other agencies, both state and local,
to support our call for clean-up of these two sites. We have heard of your county's problems
with petroleum refineries and your efforts to gain some local control over these facilities'
regulations. We are pursuing a similar goal of local control over oil spill clean-up.
We ask that your Board consider adoption of a similar resolution supporting local control over
these important issues and to let your state legislators know of your position. Please feel
free to contact John Euphrat of the county's Energy Division at (805) 781-5194 to discuss this
very important issue.
Thank you for your support in assuring the public health, safety and welfare of our beautiful
California Coast.
Sincerely,
RUTH E. BRACKETT, CHAIRPERSON
San Luis Obispo County Board of Supervisors
fjhs\rb\AI mqu ist.ltr
Encl. Resolution
FEB-21-1997 it;t3 SL CO. RECORDER
IN THE BOARD OF SUPERVISORS
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
Tues day January 28 19 97
PRESENT: Supervisors Laurence L. Laurent, Peg Pinard, Michael P. Ryan, and
Chairperson Ruth E. Brackett
ABSENT:supervisor Harry L. ovltt
RESOLUTION NO. 97-55
RESOLUTION OPPOSING THE USE OF "CONTAINMENT ZONES"
AND SUPPORTING THE FULL CLEAN-UP OF PETROLEUM
HYDROCARBON SPILLS AND LEAKS
The following resolution is now offered and read:
WHEREAS,the Porter-Cologne Water Quality Control Act requires polluters to clean up pollution and
further, to abate the effects of such pollution; and
WHEREAS,state law also authorizes the State Water Resources Control Board and the Regional Water
Quality Control Board to require complete clean up of all polluted waters to background conditions; and
WHEREAS,all public agencies both at the state and local level are charged with working in the public ' !
interest as opposed to the private interest in order to protect the public health, safety and welfare; and
WHEREAS, the State Water Quality Control Board has recently approved rules that allow pollution
to remain in place in violation of the spirit of the Porter-Cologne Act and against the best interests of the people
of the State of California and the citizens of the County of San Luis Obispo; and
WHEREAS,there is scant evidence to prove that the use of containment zones as approved by the State
Water Resources Control Board are protective of the public health, safety and welfare; and
WHEREAS, San Luis Obispo County wishes to maintain its beautiful, pristine coastal resources that
arc enjoyed by residents and visitors alike; and
WHEREAS,citizens of and visitors to the County have suffered from the effect of oil spills and leaks;
and
WHEREAS,oil leaks at Avila Beach and the Guadalupe dunes were caused by the operating practices
of the Union Oil Company of California(UNOCAL);and
WHEREAS,the contamination caused by these leaks and spills have unreasonably threatened the ground
and surface waters of the county; and
WHEREAS, it has now been at least six years since these contaminated sites were discovered and
cleanup has still not commenced in earnest; and
FEB-d1-1997 15:54 5LU CO. RECCRLER P.U'3
WHEREAS,it is now up to local jurisdictions be they cities,counties or special districts, working with
Federal and State agencies, to protect the health, safety and welfare of their cifizcns; and
WHEREAS, California's cities and counties possess certain authorities to enforce local control over
clean-ups in order to protect the public health, safety and welfare; and
WHEREAS, all state and lad agencies with regulatory authority are hereby called upon to exercise
these authorities to their fullest extent in order to quickly,completely and efficiently clean up these sites;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of San Luis
Obispo,State of California,that local solutions to these local problems require the full exercise of local control.
BE IT FURTHER RESOLVED, that the county will use all the powers and authorities granted to it
by all law, both state and local, to ensure that petroleum pollution is cleaned-up rather than "contained" and
that all state and local agencies and jurisdictions must use their authorities to fully protect the public interest,
health, safety and welfare.
Upon motion of Supervisor Ryan , seconded by Supervisor Pinard ,and
on the following roll dl vote, to wit:
AYES:Supervisors Ryan, Pinard, Laurent, Chairperson Brackett
NOES:None
ABSENT: Supervisor Ovitt .
ABSTAINING:None
the foregoing resolution is hereby adopted.
Chairperson of the Board of Supervisors
ATTEST:
Julie L. Rodewald
Clerk a Bo, f Supervisors
Deputy Clerk
(SEA ) STATE OF(AUFORNIA )
MUNTY Ci LAN LUIS OOISAO 1 Ee
APPROVED AS TO FORM AND LEGAL EFFECT:
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JAMES B. LINDHOLM,JR. is .. y-s wii:� w gala9tr
County Counsel ca ^ r aAcc r a:sd'mtl
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By; scr:thh�L 4V ei
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Date:
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TO: BOARD OF SUPERVISORS
'* +� Costa
FROM: HARVEY E . BRAGDONCounty
DIRECTOR OF COMMUNITY DEVELOPMENTo
dSrA couK'
DATE: March 4, 1997
SUBJECT: REFERRAL TO FINANCE COMMITTEE RESPONDING TO SUPERVISOR CANCIAMILLA' S
INQUIRY CONCERNING BILLING FOR DEVELOPMENT PERMIT APPLICATIONS, FILE
#LP942010 (Ruport) AND FILE #LP962062 (Papini)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 . REFER to Finance Committee .
2 . REQUEST the Growth Management and Economic Development Agency
Director to review the cost accounting for the two
applications and PRESENT report .
FISCAL IMPACT
None, provided recommendation is followed.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In a memorandum dated February 5 , 1997, Supervisor Canciamilla has
advised staff that he intends to ask the Board of Supervisors to
refer to the Finance Committee two billings for time and materials
costs concerning two development permit applications which were
recently processed by the County: Land Use Permit County File
#LP962062 (Papini Sand Quarry) and Land Use Permit County File
#LP942010 ( Ruport Dog Kennel) .
The background of the review of each of these applications , is
reviewed below.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
_ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECO OF (BOrD COMMITTEE
APPROVE _ OTHER
SIGNATURE (S) :
ACTION OF BOARD ON -March . 1997 APPROVED AS RECOMMENDED X OTHER _
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X 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.
Contact: Bob Drake (335-1214)
Orig: GMEDA ATTESTED March 4, 1997
CC: Community Development Dept . PHIL BATCHELOR, CLERK OF
Public Works Dept . THE BOARD OF SUPERVISORS
Health Services Dept . , Env. Health AND COUNTY ADMINISTRATOR
BY e a DEPUTY
0,69
BACKGROUND
Beginning in 1993 , the County commenced an application processing
fee schedule that was largely based on a fee-for-services principle
and time cost accounting by staff . Based on an application
processing study, the Board of Supervisors adopted a fee schedule
that was structured to require that applicants pay an initial
application processing fee generally equivalent to a simple project
review. If the staff costs of processing the application exceeded
120% of the initial fee payment, then the applicant would be billed
for those costs above 120W .
Ruiport Doc[ Kennel Land Use Permit (County File 4LP942010)
In 1994, Belinda Ruport filed a land use permit application to
establish a dog and cat kennel in the Discovery Bay area. The
standard filing fee of $2700 was paid at time of submittal . There
were some exceptional circumstances that required additional staff
time for this project . First, the Health Services Department had
concerns with the use of the existing septic system and possible
ground water contamination from nitrates . The land use permit was
approved for the boarding of 37 dogs and cats in June 1994 . The
costs of staff exceeded the initial fee payment, and the applicant
was billed but never paid the amount due .
Second, last October, the applicant requested a modification to the
land use permit to allow for an expanded kennel operation. A
supplemental fee payment of $500 was paid at that time in accord
with the fee payment for minor modifications to a land use permit .
To reduce expenses associated with compliance with collect and
convey requirements, staff spent considerable time in reviewing the
project with the applicant. The expanded operation was approved by
the County in January of this year.
The unpaid costs associated with the initial project review have
been added to the more recent charges . The most recent invoice
indicates that the applicant has a balance due of $2315 .28 .
Review of Billable Charges
The Community Development and Public Works Departments have
reviewed the charges against this project and see no reason to
adjust the billing.
Papini Sand ,.Ouarry Land Use Permit (County File #LP962062)
Last year, the County received an inquiry from an owner of property
in the Oakley area, John Papini, who desired to quarry sand from
his property and level his 14-acre site in preparation for future
development . However, before making application, he sought relief
from the County fee schedule. Recently, the County has employed
the services of a private consultant for the review of quarry
operations . Normally, a quarry and quarry reclamation plan land
use permit application requires initial fee payment consisting of :
$7380, plus $75/acre
Other costs associated with a quarry application include :
Time and Materials after 120W
$25 CEQA Notice County Clerk Posting Fee
$1250 for California Dept . of Fish & Game fees (where a
Negative Declaration is issued for purposes of CEQA) .
It is staff ' s understanding that the fee schedule for quarry
permits is based on an average of previous quarry reviews that
included (less costly) sand quarry operations with (more costly)
rock quarry operations . After reviewing the matter with the County
consultant and with the Director of Community Development, staff
allowed in this instance submittal of a quarry application with a
-2-
lesser initial fee payment than would normally be required, but
with the understanding that the applicant would ultimately be
responsible for actual costs of project review encumbered by staff .
On July 12, 1996 the applicant filed a land use permit application,
and it was approved by the Community Development Department on
September 6, 1996 . The initial application was accompanied by a
filing fee of $3070 plus a $25 CEQA Notice posting fee. The filing
fee was based on an estimate of the County consultant for review
fees for conducting the staff review including CEQA review. The
fee estimate did not include the cast of the review by the Public
Works Department, nor the costs associated with internal staff
review by Community Development staff or hearing costs.
Following the hearing, the staff costs for this application were
tabulated. Based on this tabulation, it was determined that the
applicant owed the County $1873 . 71 as reported on Invoice #904178 .
The applicant is also required to make separate payment for the
Department of Fish & Game fee ($1250) .
Review of Billable Charges
More recently, the Community Development and Public Works
Departments have reviewed the cost report to this application. The
Public Works Department has determined that some of the charges to
this project should not have been applied, and would be willing to
allow for partial relief against the billing for the last invoice.
At the same time, this project should not be allowed the standard
20`s credit in view of the reduced fee amount accepted at time of
application submittal . The adjustment will still result in a net
reduction in the amount of fees due for this application.
CONCLUSION
Based on recent review, staff is willing to adjust the billed
amount for the Papini application. However, staff sees no reason
to adjust the billing on the Ruport application. On the other
hand, staff would be willing to defer payment of required fees to
allow for discussions with the interested parties without penalty
to the applicants . This matter should be referred to the Director
of the Growth Management and Economic Development Agency for
disposition.
c: \wpdoc\cost-bll .bo
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C. 'T?
Contra
TO: BOARD OF SUPERVISORS :' " . Costa
FROM: Supervisor Joe Canciamilla Count
DATE: March Q, 1997
SUBJECT: REFER TO THE FINANCE COMMITTEE THE ISSUE OF A PRE-BUDGET FINANCE
COMMITTEE REVIEW OF GOVERNMENTAL OPERATIONS AND EFFICIENCIES.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND JUSTIFICATION
RECOMMENDED ACTION: Refer to the Finance Committee the issue of a pre-budget Finance
Committee Review of Governmental Operations and Efficiencies. In preparation for the 1997-98
County budget process, and as a member of the Finance Committee, I would like to have the
opportunity to begin a review of County ordinances, operations, and procedures. I believe that a pre-
budget review by the Finance Committee may help to eliminate redundant, outdated or underutilized
ordinances, policies, or procedures. The purpose of this review would be to attempt to eliminate any
unnecessary cost or utilization of resources and incorporating any revisions to or elimination of
ordinances, policies and procedures into the budget process.
In keeping with the goals expressed by the incoming Chair at the beginning of the year, a
review of this type will help us to focus our limited resources on the services and activities the
taxpayers and constituents expect from us. Savings can many times be obtained from within by
conserving staff time and energy.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RE&OMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON March 4, 1997 APPROVED AS RECOMMENDED: X OTHER:
VOTE OF SUPERVISORS:
X UNANIMOUS(ABSENT )
_ AYES: NOES:
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF
ABSENT: ABSTAIN: THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
cc: CAO, Tony Enea ATTESTED March 4, 1997
Finance Committee
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPER.�VVIISPORS AND COUNTY ADMINISTRATOR
BY � X
.
DEPUTY
G6
�E---15 Contra
TO: BOARD OF SUPERVISORS " . Costa
FROM: Supervisor Joe Canciamilla e County
-
DATE: March 4, 1997
SUBJECT: REFER TO THE FINANCE COMMITTEE THE REVIEW OF THE COUNTY'S POLICY
REGARDING THE USE OF VOLUNTEERS AND DONATED MATERIALS.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND JUSTIFICATION
RECOMMENDED ACTION: Refer to the Finance Committee the review of the County's policy
regarding the use of volunteers and donated materials.
BACKGROUND INFORMATION: Community based organizations in East County have proposed
improvements to areas within the County utilizing volunteer labor and donated materials as a means
of reducing the cost of a project or ultimately providing an improvement at no cost. Many times these
improvements are proposed for public areas or properties. Two specific projects in the Discovery
Bay area (the installation of bleachers in Cornell Park and the placement of a pedestrian walkway on
a Willow Lake Court median island) have been placed on hold due to prohibitive restrictions or costs.
These additional costs and/or restrictions serve to discourage individuals, organizations, and
companies from participating in a community improvement project. Every effort should be made to
utilize volunteer labors and donated materials, and policy should be developed to provide staff
direction to find creative, flexible ways to achieve the installation of public improvements with the
least cost and most efficiency.
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) %
ACTION ARD N March 4. 1997 APPROVED AS RECOMMENDED: X OTHER:
VOTE OF SUPERVISORS:
X UNANIMOUS(ABSENT )
AYES: NOES:
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF
ABSENT: ABSTAIN: THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
cc: CAO, Tony Enea ATTESTEDMarch 4, 1997
Finance Committee PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY v . ' "
DEPUTY