HomeMy WebLinkAboutMINUTES - 05052015 - C.17RECOMMENDATION(S):
1. ACCEPT the Engineer’s report for the adoption of Stormwater Utility Assessments for Fiscal Year 2015-2016 for
Stormwater Utility Area Numbers 1 through 18;
2. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments for Fiscal Year
2015-2016 from the following municipalities and corresponding Stormwater Utility Areas: Antioch, Clayton,
Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San
Pablo, San Ramon, Walnut Creek, Unincorporated Contra Costa County, and Oakley.
3. ADOPT the Resolution No. 2015/144, and FIX June 16, 2015, at 9:00 a.m. in the Board chambers as the time and
place for the Public Hearing on the adoption of Stormwater Utility Assessments for Fiscal Year 2015-2016 for said
areas.
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 County for the National Pollutant Discharge Elimination System (NPDES)
program and drainage maintenance activities. (100% Stormwater Utility Area Assessments)
BACKGROUND:
The Contra Costa Clean Water Program consists of Contra Costa County (County), its incorporated cities, and the
Contra Costa County Flood Control and Water Conservation District (FC District) working collectively
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/05/2015 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
ABSENT: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: May 5, 2015
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, Letitia Waters, County Auditor-Controller's Office , Leigh Chavez,
Environmental, Mike Carlson, Flood Control, Tom Dalziel, Contra Costa Clean Water Program, Tim Jensen, Flood Control, Dan Jordan, County Watershed Program, Catherine
Windham, Flood Control
C. 17
To:Contra Costa County Flood Control District Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:May 5, 2015
Contra
Costa
County
Subject:SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR
2015-2016, COUNTYWIDE. PROJECT NO. 4500-6X7041
BACKGROUND: (CONT'D)
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 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 third 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 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 1993-1994 through 2000-2001. 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 2015-2016 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.
ATTACHMENTS
Municipal Resolutions
Resolution No. 2015/144
Engineer's Report
Exhibit A
SUA Proposed Fees
ENGINEER'S REPORT FOR
THE ADOPTION OF FISCAL YEAR
2015–2016 ASSESSMENTS FOR
CONTRA COSTA COUNTY
FLOOD CONTROL &
WATER CONSERVATION DISTRICT
STORMWATER UTILITY AREAS
NOS. 1 THROUGH 18
Prepared by the Staff of the
Contra Costa County Flood Control
& Water Conservation District
255 Glacier Drive
Martinez, CA 94553
April 2015
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1. RECOMMENDATION:
It is recommended that:
a. The Stormwater Utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 2015–
2016 be adopted for the Contra Costa County Flood Control and Water Conservation District
(FC District) Stormwater Utility Areas (SUAs) for the following incorporated and unincorporated
areas:
PROPOSED VS. EXISTING ERU RATES
Stormwater
Utility Area No. Area Maximum
ERU Rate
Existing ERU
Rate for
FY 2014–15
Proposed ERU
Rate for FY
2015–16
1 Antioch $25.00 $25.00 $25.00
2 Clayton $29.00 $29.00 $29.00
3 Concord $35.00 $35.00 $35.00
4 Danville $30.00 $30.00 $30.00
5 El Cerrito $38.00 $38.00 $38.00
6 Hercules $35.00 $35.00 $35.00
7 Lafayette $35.00 $35.00 $35.00
8 Martinez $30.00 $30.00 $30.00
9 Moraga $35.00 $35.00 $35.00
10 Orinda $35.00 $35.00 $35.00
11 Pinole $35.00 $35.00 $35.00
12 Pittsburg $30.00 $30.00 $30.00
13 Pleasant Hill $30.00 $30.00 $30.00
14 San Pablo $45.00 $45.00 $45.00
15 San Ramon $35.00 $35.00 $35.00
16 Walnut Creek $35.00 $35.00 $35.00
17 Unincorporated County $30.00 $30.00 $30.00
18 Oakley $30.00 $30.00 $30.00
2. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM:
Congress adopted the Federal Water Pollution Control Act generally referred to as the Clean
Water Act in 1972. It specifically prohibits the discharge of any pollutants (e.g., herbicides,
pesticides, oil, grease, etc.) to the "navigable waters of the United States." The initial focus of the
Clean Water Act was to prohibit these pollutants from industrial process wastewater and municipal
sewage. The Act was amended in 1987 mandating the Environmental Protection Agency (EPA) to
establish regulations setting forth the National Pollutant Discharge Elimination System (NPDES)
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Permit Application requirements for stormwater discharges for municipalities, industries, and
construction projects. Contra Costa County (County), its incorporated cities and the FC District
joined together to form the Contra Costa Clean Water Program in order to marshal the necessary
resources and develop the most cost-effective program to comply with these federally mandated
requirements.
One of the requirements of the NPDES permit process is to identify funding sources for
implementation of the program activities. The Contra Costa Clean Water Program Management
Committee identified the formation of stormwater utilities as the most practical method for meeting
the funding requirements. Sixteen city councils and the County Board of Supervisors adopted
resolutions requesting that the FC District form an SUA for their city territory. The governing board
of the FC District established SUAs 1 through 17 on June 22, 1993, and Area 18 on May 9, 2000.
3. STORMWATER UTILITY:
A stormwater utility is similar to other utilities. It has a purpose, a geographic boundary, and a
method for spreading the utility costs to benefiting properties or recipients. The purpose of the
stormwater utility is to fund the implementation of the NPDES program activities required by the
permit and the maintenance of the government-owned storm drain systems. In development of the
stormwater utility legislation, the construction of capital improvements was excluded from this
purpose. Stormwater utility assessment revenues can only be spent on the NPDES program
activities and storm drain system maintenance. Replacement of a failing storm drain system is
considered a maintenance activity as long as the replacement facility is equal in capacity and a
comparable type of facility, i.e., pipe storm drain is replaced by another pipe storm drain.
The NPDES program activities have been tailored to meet the respective city or County NPDES
problems based on their land use activities; thus, each program is different. Also, the cities and
County, on an individual basis, will perform most of the NPDES activities. Consequently, each city
comprises a separate SUA. This facilitates the setting of the utility rates and the transfer of funds
to the cities who perform most of the work. The same applies for the unincorporated County
NPDES program, which is implemented by County staff.
Stormwater utilities generally distribute program costs to the benefiting landowners on the basis of
stormwater runoff quantity or the amount of impervious surface associated with various land uses.
The SUAs utilize the latter method. Staff prepared the report entitled, "Report on Stormwater
Utility Assessment (March 1993)," which is incorporated into this Engineer's Report by reference.
The report explains in detail the rationale for using impervious surface area as the basis for
allocating costs, the development of the utility rate standard of one Equivalent Runoff Unit (ERU)
and the relationship between land use, parcel size, and the number of ERUs assigned to
individual parcels in each SUA. A typical single-family residence (5,000 SF to 20,000 SF lot) is
used as the standard for one ERU. The cost to the typical single-family landowner will be the ERU
rate shown in Section 1(a) above.
4. PROPOSED STORMWATER UTILITY BUDGETS FOR FY 2015–2016:
Indicated below are the estimated budgets for each SUA. The FC District's administration and
collection costs are estimated at $1.80 per parcel, which includes the County Tax Collector's line
item cost for the tax bills.
Each year, the FC District provides city staff with an estimate of the number of ERUs assessable
in the new year. The agency corresponding with each SUA then prepares a budget for their
NPDES and drainage maintenance program for the forthcoming fiscal year. Using this budget,
plus the estimated cost for entity administration and assessment collection, city staff calculates the
required ERU rate by dividing the estimated total cost by the estimated ERUs in the SUA. The
agency governing board approves the rate and requests that the FC District approve and
implement the desired assessment. The ERU rate in future years cannot exceed the maximum
rate shown in Section 1(a) without completing the public notice/hearing process required by SB
1977 (Bergenson) and Proposition 218 (California Constitution, Article XIII D, Section 4).
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PROJECTED EXPENDITURES
Stormwater
Utility Area
No.
Agency
Group
NPDES
Cost
Funding (1)
Agency
NPDES
Funding (1)
District
Admin/
Collection
Cost
Tax
Collector
Cost
Total
1 Antioch $252,608 $847,979 $4,896 $26,484 $1,131,967
2 Clayton $26,577 $93,186 $653 $3,638 $124,054
3 Concord $295,797 $1,697,014 $5,876 $31,342 $2,030,029
4 Danville $102,382 $439,453 $2,474 $13,351 $557,660
5 El Cerrito $57,156 $330,425 $1,355 $7,412 $396,348
6 Hercules $58,307 $251,736 $1,322 $7,237 $318,602
7 Lafayette $58,514 $387,187 $1,327 $7,288 $454,316
8 Martinez $87,423 $525,745 $2,000 $10,902 $626,069
9 Moraga $38,792 $241,907 $886 $4,932 $286,516
10 Orinda $42,924 $323,550 $1,082 $5,987 $373,543
11 Pinole $44,596 $264,383 $1,007 $5,568 $315,555
12 Pittsburg $157,485 $671,461 $2,728 $14,977 $846,651
13 Pleasant Hill $80,375 $399,748 $1,857 $9,837 $491,817
14 San Pablo $69,918 $339,443 $1,030 $5,693 $416,084
15 San Ramon $183,355 $900,097 $3,635 $19,592 $1,106,679
16 Walnut Creek $157,046 $993,346 $3,852 $20,630 $1,174,873
17 Unincorporated
County $394,046 $2,267,712 $8,473 $45,101 $2,715,331
18 Oakley $90,349 $384,740 $1,717 $9,478 $486,284
TOTAL: $2,197,650 $11,359,112 $46,169 $249,448 $13,852,379
(1) Agency funding for NPDES includes storm drain system maintenance and contingency costs.
5. ESTIMATED STORMWATER UTILITY ASSESSMENT REVENUES IN FY 2015–2016:
Indicated below are the estimated revenues for Fiscal Year 2015–2016 based on the proposed
assessment rates in Section 1(a). The proposed ERU rate is the rate recommended in each
municipality's resolution requesting adoption of Stormwater Utility Assessments for their municipal
area. A listing of each assessor parcel number and proposed 2015–2016 assessment is on file
with the Clerk of the Contra Costa County Board of Supervisors.
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PROJECTED ERU RATES and REVENUES
Stormwater
Utility Area
No.
Agency Number of
ERUs
Proposed
ERU Rate
for FY
2013–14
Estimated
Revenue
1 Antioch 45,279 $25.00 $1,131,967
2 Clayton 4,278 $29.00 $124,054
3 Concord 58,001 $35.00 $2,030,029
4 Danville 18,589 $30.00 $557,660
5 El Cerrito 10,430 $38.00 $396,348
6 Hercules 9,103 $35.00 $318,602
7 Lafayette 12,980 $35.00 $454,316
8 Martinez 20,869 $30.00 $626,069
9 Moraga 8,186 $35.00 $286,516
10 Orinda 10,673 $35.00 $373,543
11 Pinole 9,016 $35.00 $315,555
12 Pittsburg 28,222 $30.00 $846,651
13 Pleasant Hill 16,394 $30.00 $491,817
14 San Pablo 9,246 $45.00 $416,084
15 San Ramon 31,619 $35.00 $1,106,679
16 Walnut Creek 33,568 $35.00 $1,174,873
17 Unincorporated
County 90,511 $30.00 $2,715,331
18 Oakley 16,209 $30.00 $486,284
TOTAL: 433,173 $13,852,379
Exhibit A
G:\FC_Accounting\SWUF\Annual Fee Adopt\FY 15-16\FY 15-16 SUA Board Orders\2015.05.05 Exhibit A mailing list.doc
Phil Hoffmeister
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
Laura Hoffmeister
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
Robert Ovadia
City of Concord
1950 Parkside Dr, M/S 40
Concord, CA 94519-2526
Cece Sellgren
Contra Costa County
255 Glacier Drive
Martinez, CA 94553
Mike Carlson
CCC Flood Control & Water
Conservation District
255 Glacier Drive
Martinez, CA 94553
Christine McCann
Town of Danville
510 La Gonda Way
Danville, CA 94526
Stephen Prée
City of El Cerrito
10890 San Pablo Ave.
El Cerrito, CA 94530
Mike Roberts
City of Hercules
111 Civic Drive
Hercules, CA 94547
Donna Feehan
City of Lafayette
3001 Camino Diablo
Lafayette, CA 94549
Tim Tucker
City of Martinez
525 Henrietta St.
Martinez, CA 94553
Edric Kwan
Town of Moraga
329 Rheem Blvd.
Moraga, CA 94556
Keith Coggins
City of Oakley
3231 Main St.
Oakley, CA 94561
Wendy Wellbrock
City of Orinda
22 Orinda Way
Orinda, CA 94563
Charles Swanson
City of Orinda
22 Orinda Way
Orinda, CA 94563
Dean Allison
City of Pinole
2131 Pear Street
Pinole, CA 94564-1774
Jolan Longway
City of Pittsburg
65 Civic Ave.
Pittsburg, CA 94565
Roderick Wui
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Karineh Samkian
City of San Pablo
13831 San Pablo Avenue
Bldg. #3
San Pablo, CA 94806
Steven Spedowfski
City of San Ramon
2401 Crow Canyon Road
San Ramon, CA 94583
Rinta Perkins
City of Walnut Creek
1666 No. Main St.
Walnut Creek, CA 94596