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HomeMy WebLinkAboutMINUTES - 02072012 - D.1RECOMMENDATION(S): Acting as the governing board of the Contra Costa County Flood Control and Water Conservation District: 1. OPEN the public hearing on the proposed Clean Water Fee in accordance with Resolution No. 2011/467 adopted by this Board on December 6, 2011, CONSIDER all protests against the proposed fee, and CLOSE the public hearing. 2. DIRECT the Clerk of the Board to tabulate the written protests presented by owners of identified parcels upon which the Clean Water Fee is proposed for imposition. 3. DETERMINE whether a majority of owners of the identified parcels have presented written protests against the proposed fee. 4. If there is no majority protest, ADOPT Resolution No. 2012/43, Attachment 1, directing the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District, or her designee, to conduct a mailed ballot election to seek approval of the Clean Water Fee, according to the procedures set forth in Resolution No. 2011/467. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor NO:Mary N. Piepho, District III Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Mitch Avalon (925) 313-2203 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: David Twa, Julie Bueren, Mitch Avalon, Mike Carlson, Tom Dalziel, Don Freitas D. 1 To:Contra Costa County Flood Control District Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2012 Contra Costa County Subject:Public Hearing to consider protests to proposed Clean Water Fee 5. If a majority protest exists, ADOPT Resolution No. 2012/47, Attachment RECOMMENDATION(S): (CONT'D) 2, terminating proceedings to obtain approval of the proposed fee. FISCAL IMPACT: If a majority protest is not achieved, and the Board calls for an election, the election will cost approximately $526,500. The election costs will be paid by the participants of the Contra Costa Clean Water Program (CCCWP), which includes the Flood Control District, County and 19 cities and towns. The cost sharing in the CCCWP is based on population. The District, which has no population, does not have a share. The County’s share will be paid from a CCCWP reserve fund paid into with Clean Water Program funds over the last several years to fund the balloting procedures. If the proposed fee is approved by a majority of the property owners voting, the fee is expected to generate approximately $8,750,000 annually, countywide. The unincorporated County’s share would be approximately $1,225,000 to be spent to fund clean water and pollution control services and facilities, and implement federal and state mandated regulations for reducing pollution and harmful or toxic materials in water. BACKGROUND: The Contra Costa County Flood Control and Water Conservation District (“Flood Control District”) on behalf of the Contra Costa Clean Water Program is proposing the imposition of a countywide property related fee to improve water quality and fund clean water and pollution control projects, services and facilities. The February 7, 2012 Public Hearing is the next step in the proposed implementation of the fee, which was initiated by Resolution Nos. 2011/465 and 2011/467 adopted by this Board at the December 6, 2011 Board meeting. Beginning on December 19, 2011, and at least 45 days before the Public Hearing, the Flood Control District mailed out 306,823 Notices of Public Hearing to all property owners in the County of identified parcels where the Clean Water Fee is proposed to be imposed, as required by Article XIIID of the California Constitution. The Notice invited property owners to file a written protest and to attend the February 7, 2012 Public Hearing. The Notice also described the reason for the fee, services and projects funded with fee revenue, the strict fiscal safeguards that will be put in place, and other information. To date, the Clerk of the Board of Supervisors has received 161 written protests regarding the Clean Water Fee. Written protests can be submitted up to the close of the February 7, 2012 Public Hearing. Copies of the protest letters received by January 23, 2012, the release date of this Board report, are attached. Protests received between January 23 and the Board meeting will be presented at the Public Hearing. Most of the written protests are brief and simply protest the fee while some list specific reasons. These will all be entered into the public record at the Public Hearing. The Contra Costa Clean Water Program (CCCWP) has also received approximately 167 phone calls regarding the Notice of Public Hearing. In each case, CCCWP staff, with technical assistance when needed from the Project Engineer, has provided clarification and answered questions. Most calls have been associated with parcel ownership changes or clarifications or questions about the fees and how the funding would be used. In some cases, additional clean water service and process questions have been asked, and there have been several requests for copies of the Fee Report. Working with the Project Engineer and the community outreach consultant, the CCCWP has also responded to a small number of other types of requests including local media as well as a conference call with the East Bay Regional Park District to provide additional information on the proposed fee. Typical and Expected Results The number of written protests and phones calls received as a result of the Notice of Public Hearing is consistent with the experience of the consultant team in similar throughout California. It is likely that a wider public discussion of the Clean Water Fee will occur once the ballots have been mailed out. Process for Public hearing The following is an outline of the process steps for the February 7, 2012 Public Hearing. 1. Introductory comments and general overview of proposed improvements by Staff. 2. Board Chair opens the Public Hearing. 3. Board Chair outlines the procedures for this agenda item and public hearing. The Chair indicates that each public speaker must fill out a speaker card and will have 3 minutes to address the Board. Chair also informs the public that they must submit a written protest to the clerk of the Board prior to the end of the Public input portion of the hearing. 4. Board Chair invites comments from the public and reiterates that all issues raised will be noted and addressed after all speakers have addressed the Board. 5. Staff writes down or logs issues raised by speakers or provided in written correspondence. 6. After all input has been received and there are no more speaker cards, Board Chair asks if anyone else wishes to speak, add written comment, or provide other information to the Board. 7. Staff responds to questions and issues raised. 8. Board Chair makes last call for submittal of written protests before closing the public input portion of the hearing. 9. Board Chair asks for a motion to close the Public Input portion of public hearing. 10. Board Chair directs Clerk of the Board to tabulate the written protests and determine if a majority protest exists. 11. Board Chair proceeds with agenda, and Board then considers and adopts appropriate Resolution, depending on whether or not a majority protest is achieved. Next Steps If written protests are submitted by a majority of owners (>50% of 306,823 = 153,411+1), then a majority protest has been achieved and the Clean Water Fee will not be implemented. However, if there is not a majority protest, staff recommends the Board, by resolution, direct the Contra Costa County Flood Control and Water Conservation District to conduct an election to obtain approval of the Clean Water Fee consistent with the procedures stipulated by Article XIIID of the State Constitution, and described in Resolution No. 2011/467. CONSEQUENCE OF NEGATIVE ACTION: If this election does not proceed, unless there is a majority protest requiring termination, property owners in Contra Costa County will not have the opportunity to vote on funding to improve water quality and reduce pollution. If an election is unsuccessful, Contra Costa County and its 19 cities/towns (municipalities) will not have sufficient dedicated revenue to fund all NPDES Permit compliance mandates. Each Contra Costa municipality will need to determine how it will fund permit compliance activities. The most likely funding source will be a municipality’s general fund. Funding from municipal general funds for compliance with the Federal and State mandated stormwater rules will necessitate cuts in funding for other community services. Failure to identify and obtain additional funding for stormwater compliance mandates will result in municipalities not being able to fully fund all their stormwater compliance activities resulting in permit non-compliance and potential Administrative Civil Liabilities imposed by the California Regional Water Quality Control Boards up to $10,000 per day in violation and $10 per gallon of polluted discharge. Additionally, Contra Costa municipalities may face potential liabilities resulting from third party lawsuits allowable under the Federal Clean Water Act. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM Speakers: Meredith Morrow, resident of Martinez; Dorothy Miller, resident of Pittsburg; William Dick, resident of Moraga; Paul Baldacci, resident of San Ramon; Bruce R. Peterson, resident of Lafayette; Peter M. Wiebens, resident of Walnut Creek; Joan Bruzzone, resident of Lafayette; Art Mijares, resident of Oakley; Don Wood, resident of Danville; Harriet Newman, resident of Pleasanton; Craig Bender, resident of Walnut Creek; James R. Hunt, resident of Walnut Creek; Jamie Bolt, resident of Bethel Island; Glenn Dunham, resident of El Cerrito; Lillian Padilla, resident of Hercules; Margie Liberty, resident of Hercules; Rich Verrilli, resident of Martinez; Kristine S. Hunt, resident of Walnut Creek; Earl Burris, resident of Danville; Warren Clayton, resident of Pinole; Jody Mazzarella, resident of Bethel Island; Virginia Fuller, resident of Pinole; Mike Vukelich, Contra Costa Farm Bureau; Dan Boatwright, resident of Danville; Joan Gallegos, resident of Kensington; Kris Hunt, Contra Costa Taxpayers Association; Lee Lawrence, League of Women Voters of Diablo Valley; Burt Kallender, resident of Martinez; Sandra Kallender, resident of Pacheco. CLOSED the public hearing; DIRECTED the Clerk of the Board to tabulate the written protests presented by owners of identified parcels upon which the Clean Water Fee is proposed for imposition; DETERMINED no majority protest exists; and ADOPTED Resolution No. 2012/43 directing the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District, or designee, to conduct a mailed ballot election to seek approval of the Clean Water Fee. ATTACHMENTS Resolution No. 2012/43 letter log CWP Feet Sets 1234 Glacier Terminate Proceedings ATTACHMENT 2 Contra Costa County February 7, 2011 Resolution No. ________ Page 1 of 3 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA BOARD OF SUPERVISORS ACTING as the GOVERNING BOARD for the CONTRA COSTA COUNTY FLOOD CONTROL and WATER CONSERVATION DISTRICT RESOLUTION NO. 2012/47 A RESOLUTION ACCEPTING OF A MAJORITY PROTEST IN OPPOSITION OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT’S PROPOSED 2012 COMMUNITY CLEAN WATER INITIATIVE AND TERMINATION OF THE FEE PROCESS (CAL. CONST., ART. XIII D, § 6) WHEREAS the Contra Costa County Flood Control and Water Conservation District (“District”) is initiating the 2012 Community Clean Water Initiative on behalf of the Contra Costa Clean Water Program; and, WHEREAS, the Contra Costa Clean Water Program (“Program”) is composed of twenty-one public agencies including Contra Costa County, all nineteen of its incorporated cities and towns, and the Contra Costa County Flood Control and Water Conservation District, all of which are joint permittees under National Pollutant Discharge Elimination System (“NPDES”) permits issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards; and WHEREAS, NPDES stormwater permits require public agency permittees to take certain prescribed measures to keep pollutants from entering storm drain systems and from being discharged into other bodies of water, such as local creeks, reservoirs, lakes, and the Delta and the Bay; and WHEREAS, if these Federal and State requirements are not satisfied, the joint permittees may be subject to fines and/or third-party lawsuits; and WHEREAS, the Program's primary purpose is to provide clean water and pollution control services and facilities, and implement federal and state mandated regulations for reducing pollution and harmful or toxic materials in water; and WHEREAS, each year, tons of harmful and dangerous pollutants, bacteria and trash are carried through our neighborhoods, into our local creeks, reservoirs, lakes, and the Delta and the Bay; and as water drains from streets, parking lots, and lawns, pollutants are picked up and enter the storm drainage system through thousands of catch basins throughout Contra Costa County; and from there, this polluted water flows through a massive system of pipes, open channels and creeks into the Delta and the Bay; and ATTACHMENT 2 Contra Costa County February 7, 2011 Resolution No. ________ Page 2 of 3 WHEREAS, these pollutants include trash such as cigarette butts, plastic, fast-food wrappers, and bottles; toxins such as motor oil, PCBs, antifreeze, fertilizer, and pesticides; microbes such as dangerous bacteria, viruses, sewage and pet waste; and heavy metals such as lead, mercury, arsenic, etc.; and WHEREAS, the Program and joint permittees do not have adequate funding to pay for the services necessary to comply with requirements of the above-referenced NPDES permits and to provide the mandated level of clean water and pollution control services and facilities (“Services”); and WHEREAS, on December 6, 2011, the Board of Supervisors adopted Resolution No. 2011/465 initiating proceedings to obtain approval of a new property related fee throughout Contra Costa County, approving the 2012 Community Clean Water Initiative Fee Report and fixing a public hearing for February 7, 2012, at 10 a.m. in the Board chambers to consider property owner protests to the proposed property related fee and adopted Resolution No. 2011/467, establishing Proposition 218 election procedures applicable to the proposed fee; and WHEREAS, pursuant to the provisions of California Constitution Article XIII D, the Board of Supervisors has provided a 45-day written mailed notice to each record owner of parcels of real property subject to the Clean Water fee within the Flood Control District for the proposed 2012 Community Clean Water Initiative of a public hearing which was held at a regular meeting of the Board of Supervisors on February 7, 2012, at 10:00 a.m. at the Board of Supervisors Chambers located at 651 Pine Street in Martinez, California, at a regular Board meeting, on the issue of whether the proposed property related fee (“Clean Water fee”) should be levied and collected as proposed in the Fee Report for fiscal year 2012-13; and WHEREAS, the form of written mailed public notice of the public meeting contained the following information: (a) the total amount of fee proposed to be levied for fiscal year 2012-13; (b) the fee chargeable to each owner’s parcel; (c) the duration of the proposed Clean Water fee; (d) the reason for the Clean Water fee; (e) the basis upon which the amount of the proposed Clean Water fee was calculated; (f) the date, time and place of the public hearing as specified in this resolution; and (g) a summary of the effect of a majority protest; and WHEREAS, the form of written mailed public notice of the public meeting contained the instructions that a majority protest exists if written protests are presented by a majority of owners of the identified parcels where the Clean Water fee is proposed. NOW, THEREFORE, the Contra Costa County Board of Supervisors (“Board”) acting as the governing board for the Contra Costa County Flood Control and Water Conservation District, does hereby resolve as follows: SECTION 1. Tabulation of Written Protests. The tabulation of written protests by the Clerk of the Board is complete. A total of _______written protests have been submitted representing_____% of the 306,823 owners of the identified parcels where the Clean water Fee is proposed to be imposed. Therefore, a majority protest has been achieved. ATTACHMENT 2 Contra Costa County February 7, 2011 Resolution No. ________ Page 3 of 3 SECTION 2. Termination of Fee Process. Pursuant to the provisions of California Constitution Article XIII D, the Contra Costa County Flood Control and Water Conservation District shall not impose the Clean Water fee. PASSED AND ADOPTED at a regular meeting of the Contra Costa County Board of Supervisors held on the 7th day of February 2012, by the following vote: AYES: SUPERVISORS: NOES: SUPERVISORS: ABSENT: SUPERVISORS: ABSTAIN: SUPERVISORS: Attest: David Twa, Clerk of the Board and County Administrator By:____________________________ Deputy