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HomeMy WebLinkAboutMINUTES - 06262012 - SD.12RECOMMENDATION(S): ADOPT Resolution 2012/279 approving the Stormwater Utility Assessments for Fiscal Year 2012-2013 for Stormwater Utility Areas No. 1 through 18, as recommended by the Chief Engineer, Flood Control and Water Conservation District, Countywide. FISCAL IMPACT: The proposed assessments for Stormwater Utility Areas 1 through 18 will provide approximately $13,887,796 in funding for the cities and unincorporated Contra Costa County (County) for the National Pollutant Discharge Elimination System (NPDES) program and drainage maintenance activities. BACKGROUND: The Contra Costa Clean Water Program consists of the County, its incorporated cities, and the Contra Costa County Flood Control and Water Conservation District (FC District) working collectively under a Joint Municipal Stormwater NPDES Permit issued by the State Regional Water Quality Control Board. This permit is federally mandated through the Clean Water Act, which was amended in 1987 to specifically address stormwater pollution. The current five-year permit from APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/26/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tim Jensen (925) 313-2390 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: June 26, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Richard Seithel, County Administrator's Office, Bob Campbell, County Auditor-Controller's Office, Wendy Nelson, County Auditor-Controller's Office, Leigh Chavez, Environmental, Tom Dalziel, Contra Costa Clean Water Program, Mike Carlson, Flood Control, Tim Jensen, Flood Control, Alex Anaya, County Watershed Program, Catherine Windham, Flood Control SD. 12 To:Contra Costa County Flood Control District Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:June 26, 2012 Contra Costa County Subject:Adopt Resolution Approving the Stormwater Utility Assessments for Fiscal Year 2012-2013, Countywide. Project No. 4500-6X7041, CP# 95-37 BACKGROUND: (CONT'D) the San Francisco Regional Water Quality Control Board began in December 2009. Public education on pollution prevention, trash assessments, inspection of construction sites, as well as commercial and industrial facilities, street sweeping, catch basin cleaning and other forms of drainage maintenance are examples of actions taken to meet permit requirements. An Annual Report is written each year to summarize accomplishments. The Contra Costa Clean Water Program is currently in its fourth Joint Municipal Stormwater NPDES Permit issued by the San Francisco Regional Water Quality Control Board. The Joint Municipal Stormwater NPDES Permit issued by the Central Valley Regional Water Quality Control Board for the cities of Antioch, Brentwood, Oakley, and unincorporated East County began in September 2010. The permit includes, for each municipality, a Stormwater Management Plan outlining intended activities designed to reduce or eliminate pollutants from entering the storm drain system. The Regional Boards indicated the need for a restricted funding source to finance implementation costs. In order to meet this need, the County proposed legislation providing a financial option for municipalities to use through the FC District. The bill, AB 2768 (Campbell), was passed by the legislature and signed by Governor Pete Wilson on August 30, 1992. The legislation specifically allowed a municipality to request formation of a Stormwater Utility Area and an assessment to pay for implementation costs. The Board of Supervisors, acting as the governing board of the Contra Costa County Flood Control and Water Conservation District, provided public notice to all affected property owners before the establishment of the Stormwater Utility Areas on June 22, 1993, creating 17 Stormwater Utility Areas. This 1993 Board action also set the first-year assessment rates for each Stormwater Utility Area, as well as maximum rates. Assessments were collected for Fiscal Year 1993-94 through 2000-01. On May 9, 2000, the FC District separated the City of Oakley from Stormwater Utility Area 17. The City of Oakley was established as Stormwater Utility Area 18, at that time, and assessments were collected for Fiscal Year 2000-2001. The FC District does not collect this assessment for the cities of Richmond and Brentwood. Richmond and Brentwood collect their NPDES levy as a sewer fee. CONSEQUENCE OF NEGATIVE ACTION: If the proposed assessments for Fiscal Year 2012-2013 are not implemented, the program would have to be funded by the general funds of the cities and County to ensure compliance with NPDES permit requirements. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM Speakers: Joyce Ellis, resident of Walnut Creek, satisfied action today is not an increase. Jim and Marilynee Mellander did not wish to speak, but submitted written comments in opposition. CLOSED the hearing; and ADOPTED Resolution 2012/279 approving the Stormwater Utility Assessments for Fiscal Year 2012-2013 for Stormwater Utility Areas No. 1 through 18 ATTACHMENTS Resolution No. 2012/279