October 21, 2002

STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING SESSION--DIVISION OF WATER QUALITY

NOVEMBER 19, 2002

ITEM 5

SUBJECT

CONSIDERATION OF A RESOLUTION AUTHORIZING AN AMENDMENT TO RESOLUTION NO. 2001-093 TO INCREASE THE ELIGIBLE COSTS OF MADERACOUNTY TO $363,617 FOR IMPLEMENTING WATER CODE SECTION79114.2, ADDED BY THE COSTA-MACHADO WATER ACT OF 2000 (2000 BOND ACT)

DISCUSSION

On August 16, 2001, the State Water Resources Control Board (SWRCB) adopted Resolution No. 2001-093 authorizing the Executive Director or designee to negotiate, execute, and amend contracts with the counties of Merced, Tulare, Kings, and Madera to implement Water Code section 79114.2, added by the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Acts.

The County of Madera was authorized under Resolution No. 2001-093 to receive $300,000 to amend its General Plan to include dairy development standards. MaderaCounty will also amend its zoning code to ensure dairy development is consistent with State law and its General Plan.

In March 2002, the County of Madera Planning Department solicited proposals from environmental consulting firms to assist with preparing revisions to the dairy development standards, as well as the preparation and completion of a programmatic Environmental Impact Report. Selection of a consultant with the experience and abilities to create a legally defensible document and provide all services necessary to complete the project has resulted in a cost estimate that exceeds the amount of funds authorized by $63,617.

Madera County is requesting an amendment to SWRCB Resolution No. 2001-093 to increase Madera County’s authorized amount of $300,000 by $63,617 for total funding of $363,617.

POLICY ISSUE

Should SWRCB amend Resolution No. 2001- 093 to increase the eligible costs of Madera County to $363,617 for implementing Water Code section 79114.2, added by the 2000 Bond Act?

FISCAL IMPACT

The impact to the $5 million appropriation to section 79114.2 of Proposition 13 is as follows:

State Fiscal Year 2002-03
Budget allocation / $5,000,000
Funds previously committed / $2,934,000
Current balance / $2,066,000
Requested funding for Madera County / $ 63,617
Total requested funds / $ 63,617
Remaining balance, if approved / $2,002,383

RWQCB IMPACT

Yes, Central Valley Regional Water Quality Control Board, Fresno Office.

STAFF RECOMMENDATION

That SWRCB amend Resolution No. 2001-093 to increase the eligible costs of MaderaCounty to $363,617 for implementing Water Code section 79114.2, added by the 2000 Bond Act.

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October 21, 2002

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 2002-XXXX

AUTHORIZING AN AMENDMENT TO RESOLUTION NO. 2001-093

TO INCREASE THE ELIGIBLE COSTS OF MADERA COUNTY

TO $363,617 FOR IMPLEMENTING WATER CODE SECTION 79114.2,

ADDED BY THE COSTA-MACHADO WATER ACT OF 2000 (2000 BOND ACT)

WHEREAS:

  1. On August 16, 2001, the State Water Resources Control Board (SWRCB) adopted Resolution No.2001-093 authorizing the Executive Director or designee to negotiate, execute, and amend contracts with the counties of Merced, Tulare, Kings, and Madera to implement Water Code section79114.2, added by the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Acts.
  1. The County of Madera was authorized under Resolution No. 2001-093 to receive $300,000 to amend its General Plan to include dairy development standards. MaderaCounty will also amend its zoning code to ensure dairy development is consistent with State law and its General Plan.
  1. In March 2002, the County of Madera Planning Department solicited proposals from environmental consulting firms to assist with preparing revisions to the dairy development standards, as well as the preparation and completion of a programmatic Environmental Impact Report.
  1. Selection of a consultant with the experience and abilities to create a legally defensible document and provide all services necessary to complete the project has resulted in a cost estimate that exceeds the amount of funds authorized by $63,617.
  1. Madera County is requesting an amendment to SWRCB Resolution No. 2001-093 to increase MaderaCounty’s authorized amount of $300,000 by $63,617 for total funding of $363,617.

THEREFORE BE IT RESOLVED THAT:

SWRCB amends Resolution No. 2001-093 to increase the eligible costs of MaderaCounty to $363,617 for implementing Water Code section 79114.2, added by the 2000 Bond Act.

CERTIFICATION

The undersigned, Clerk to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on November19, 2002.

______

Maureen Marché

Clerk to the Board

319 applications, FFY 2003 funds 1 of 7

WMI Committee Recommendations, 9/9/02