HomeMy WebLinkAboutMINUTES - 11161999 - C148 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR
DATE: November 16, 1999
SUBJECT: ADOPTION of STORMWATER UTILITY AREA AGREEMENT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
ADOPT attached resolution approving the Stormwater Utility Area Agreement between Contra Costa
County and Contra Costa County Flood Control and Water Conservation District(District).
II. Financial Impact:
None to General Fund. The Stormwater Utility Area Agreement pertains to the collection, disbursement
and expenditure of stormwater utility assessment revenues.
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURES :
ACTION OF BOARD ON November 16, 1999 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
x _ UNANIMOUS (ABSENT TTT ) I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the minutes
ABSENT: ABSTAIN: of the Board of Supervisors on the
date shown.
ATTESTED: Ncnzernber I6i 1.9.9.9—
G.\GrpData\FldCtl\NPDES\BO\SUA Agt County BdOrder.doc PHIL BATCHELOR,Clerk of the Board
Brig.Div: Public Works Flood Control
Contact: Linda Bulkeley—(925)313-2238 of Supervisors and County Administrator
c: CAO
i
By , Deputy
SUBJECT: ADOPTION OF STORMWATER UTILITY AREA AGREEMENT
DATE: November 16, 1999
PAGE: 2
III. Reasons for Recommendations and Background:
The County has received stormwater utility assessment revenues since fiscal year 1993/94 to fund activities
required under its Joint Municipal National Pollutant Discharge Elimination System(NPDES) Stormwater
permit. The Flood Control District administers the assessment for the County and 16 Contra Costa cities.
The Stormwater Utility Area Agreement, formerly known as the Cost Payment Agreement, outlines the
responsibilities of the County and the Flood Control District for the collection, disbursement and
expenditure of assessment revenues.
The proposed Agreement revises the 1993 original and contains no substantive changes. The original
Agreement contained references to Contra Costa Clean Water Program activities to be performed jointly by
the Cities and County under their Joint Municipal NPDES Stormwater permit. The proposed Agreement
has removed these Program activity references and retained only those sections relating to implementation
of the stormwater utility assessment.
IV. Consequences of Negative Action:
The County could potentially loose over$1 million of annual funding for Program activities mandated by
the Federal Clean Water Act and detailed under its Joint Municipal NPDES Stormwater Permits with the
San Francisco and Central Valley Regional Water Quality Control Boards.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 16, 1999 by the following vote:
AYES: Supervisors Gioia, Uilkema, DeSaulnier and Canciamilla
NOES: None
ABSENT: Supervisor Gerber
ABSTAIN: None RESOLUTION NO. 99/582
SUBJECT: ADOPT THE STORMWATER UTILITY AREA AGREEMENT BETWEEN
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT (DISTRICT) AND THE COUNTY OF
CONTRA COSTA(COUNTYWIDE)
WHEREAS, the County of Contra Costa, in conjunction with the Contra Costa
County Flood Control and Water Conservation District and other governmental entities, has
been required by the Federal Government and the San Francisco Bay and Central Valley
Regional Water Quality Control Boards to participate in the development and
implementation of a Joint Municipal National Pollutant Discharge Elimination System
(NPDES) permit for stormwater discharges; and,
WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality
Control Board issued a second five-year Joint Municipal NPDES permit for public agencies
under its jurisdiction; and,
WHEREAS, Cities of Antioch, Brentwood and Contra Costa County have submitted
the necessary application for a second Joint Municipal NPDES Permit which is awaiting
approval by the Central Valley Regional Water Quality Control Board; and,
WHEREAS, nineteen (19) municipalities approved a "Stormwater Utility Area and
Program Group Costs Payment Agreement Between Contra Costa County Flood Control
& Water Conservation District (referred to as "Cost Payment Agreement") ..." and each
participating municipality delineating activities to be taken jointly; and, the implementation
of stormwater utility assessments; and,
WHEREAS, a separate agreement delineating only activities to be implemented by
all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has
been approved collectively by all participating municipalities; and,
WHEREAS, the Cost Payment Agreement has been amended to expire on
December 31, 1999; and,
WHEREAS, the "Cost Payment Agreement" has been modified to accurately reflect
only the implementation of Stormwater Utility Assessments; and,
WHEREAS, the "Cost Payment Agreement" has been renamed to the "Stormwater
Utility Area Agreement"; and,
WHEREAS, the "Stormwater Utility Area Agreement" has been reviewed by a
subcommittee of the Contra Costa County City Attorney's Association who found the
Agreement acceptable and did not recommend any changes to the document.
NOW, THEREFORE BE IT RESOLVED, THE COUNTY DOES RESOLVE AS FOLLOWS:
1. Authorize the Chair, Board of Supervisors, to execute the Stormwater Utility
Area Agreement subject to County Counsel's approval.
2. This resolution shall become effective immediately uponits passage and
adoption.
3. Three (3) certified copies of this resolution and three (3) signed originals of
the Agreement shall be immediately forwarded to the Assistant Chief
Engineer, Contra Costa County Flood Control and Water Conservation
District.
! 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
Originator: Public Works (FC) date shown. 041191—
Contact: Linda.Bulkeley (925) 3132238 A7�tr [BA
PHIL BA'1"C'. ��t,.�f�, Glen{ ;af the Board
c: D. Eckerson,Public Works of ervi rs any: �ntyAdlrmnlnistrator
T. Williams,Public Works Deputy
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G:\GrpData\F1dCt1\NPDES\B0\Res SUA Agt County.doc
RESOLUTION INTO. 99/ 582
0 lie
STORMWATER UTILITY AREA AGREEMENT BETWEEN THE
CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT AND
COUNTY OF CONTRA COSTA
This AGREEMENT, entered into on the 16' day of November, 1999, is between the COUNTY
of Contra Costa, a political subdivision of the State of California, hereinafter"COUNTY" and the
Contra Costa County Flood Control and Water Conservation District, a political subdivision of
the State of California, hereinafter"DISTRICT."
The parties to this AGREEMENT mutually agree and promise as follows:
1. PURPOSE AND SCOPE OF WORK: COUNTY, in conjunction with DISTRICT and other
local government entities, desires to continue participating in the development and
implementation of a Joint Municipal National Pollutant Discharge Elimination System
(NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A
Management Committee, hereinafter referred to as COMMITTEE, has been formed to
develop and implement PERMIT activities. The PERMIT requires the collection,
evaluation, and mapping of data; the preparation of reports documenting activities to
meet the federal NPDES requirements; and, State of California water quality
requirements.
Upon issuance of the PERMIT, COUNTY must implement the Performance Standards
identified for their COUNTY area. The DISTRICT has legal authority to form Stormwater
Utility Areas (SUA) along COUNTY boundaries and levy stormwater utility assessments
to fund NPDES Program activities for and on behalf of COUNTY. At the request of
COUNTY, DISTRICT has completed the process for formation of'a SUA for COUNTY
territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No.
93-47.
This AGREEMENT is to set forth COUNTY and DISTRICT responsibilities regarding the
collection, administration, distribution, and expenditure of monies derived from stormwater
utility assessments levied in COUNTY's SUA.
2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the
meanings set forth below:
"Stormwater Utility Area" shall refer to the geographic area contained in the incorporated
or unincorporated limits of CITY/TOWN and COUNTY, respectively.
"Stormwater Utility Assessment" shall refer to the calculated assessment for each
property having impervious surface within the Stormwater Utility Area. The amount of
assessment shall be the product of the number of Equivalent Runoff Units (ERU)
assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit.
"Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel
within the Stormwater Utility Area based on its land use.
"Drainage System Maintenance" shall refer to all work related to maintaining and
operating the existing storm drain system, including but not limited to the following types
of activities:
■ Inspection of existing drainage facilities
■ Cleaning of existing drainage facilities through the removal of vegetation and
debris
• Repair of channel erosion and washouts
■ Replacement of deteriorated pipes with new pipes of corresponding size
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"System Conveyance Improvements" shall refer to the work performed in upgrading an
existing system's conveyance capacity by constructing a larger facility or to construct a
new facility where one did not exist before.
"System Pollution Control Improvements" shall refer to work performed in constructing
improvements to prevent pollutants from entering stormwaters or removing pollutants
from stormwaters.
"NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and
prevent stormwater contamination from entering waters of the U.S. as required under the
current Joint Municipal NPDES stormwater permit.
"Program Activities" shall refer to all NPDES activities delineated in the Contra Costa
Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and
governed by the Management Committee.
3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall
estimate for the COUNTY(a)the number of ERUs in the COUNTY's SUA, (b)the number
of parcels to be assessed, and the estimated remaining revenue for the current fiscal
year. Annually, by May 1, COUNTY shall determine the cost to be assigned to a single
ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to
adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall
prepare necessary reports, resolutions, ordinances, and public notices to complete the
public hearing process for adoption of the proposed assessments for the next fiscal year.
4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be
collected by the County Tax Collector with the property tax. The charge for this service
shall be subtracted from the funds.
5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each
stormwater utility area. All administrative costs incurred by DISTRICT in operating the
stormwater utility area, including maintenance of the assessment data base, preparation
of reports and documents, adjusting assessment and reviewing data on disbursements
to COUNTY and expenditure by COUNTY, shall be borne by the fund.
DISTRICT shall maintain accounting records for all Program Activity expenditures.
Monthly, DISTRICT shall charge COUNTY for Program Activity Costs. Monthly,
DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit
COUNTY's SUA Fund for COUNTY's share of said costs incurred.
DISTRICT shall maintain accounting records for all debits and credits to the fund and
shall provide copies of said records to COUNTY upon request.
6. DISBURSEMENT OF FUNDS TO COUNTY: Annually, but not later than January 1, May
1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to
COUNTY revenue from the fund. The amount to be disbursed each time shall be the fund
balance less the following deduction: $3,000 or two percent (2%)of the estimated total
assessment, whichever is greater.
7. COUNTY( USE OF REVENUE: COUNTY agrees to expend the revenue received from
the SUA solely for NPDES program activities including, but not limited to construction of
System Pollution Control Improvements and Drainage System Maintenance.
Prior to funding System Pollution Control Improvements or Drainage System Maintenance
activities that also meet the System Conveyance Improvement definition, COUNTY will
review the project with DISTRICT for agreement on the percentage of work eligible for
Stormwater Utility funding. If COUNTY and DISTRICT do not agree, the issue will be
referred to the COMMITTEE for final determination.
8. COST ACCOUNTING/ANNUAL REPORT: COUNTY shall maintain accounting records
for all expenditures for a period of five years. Annually, on January 15, COUNTY shall
provide DISTRICT with a summary report specifying the activities performed and the
dollar amounts expended on each activity for the previous fiscal year. The final format of
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said report shall be approved by COMMITTEE and DISTRICT.
9. INSURANCE AND HOLD HARMLESS:
A. Each party shall defend, indemnify, save and hold harmless the other party, its
governing body, officers and employees from and against any and all claims,
demands, suits, costs, expenses and liability for any damages, injury, sickness or
death arising from or related to the performance of this agreement and due to or
claimed or alleged to be due to the negligence or willful misconduct of the
indemnifying party, its officers, contractors, consultants, agents or employees.
B. Although DISTRICT will use its best efforts to ensure that accurate data is
furnished to COUNTY, DISTRICT cannot guarantee the accuracy or completeness
of the data furnished under this AGREEMENT. Therefore, COUNTY
acknowledges that the obligation set forth in subsection A-above shall not apply
to third party claims, demands, suits, costs, expenses and liability arising from or
connected with the use by COUNTY of the data furnished under this
AGREEMENT, and COUNTY agrees to defend, indemnify, save and hold
harmless DISTRICT, its governing body, officers and employees against the same,
except for those acts of the DISTRICT which are grossly negligent or arise out of
willful misconduct.
C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal
liability of either party to third parties by imposing any standard of care different
from that imposed by law. The provisions of this section 9 shall survive any
termination or expiration of this AGREEMENT.
10. AGREEMENT TERMINATION: COUNTY's execution of this agreement does not bind the
COUNTY in any way to continue participation in the Joint Municipal NPDES PERMIT.
COUNTY and DISTRICT each reserve the right to terminate this AGREEMENT with 90
days written notice, at which time a final accounting will occur. Written notification to the
following addresses by certified mail, return receipt requested, constitutes adequate
notice:
COUNTY DISTRICT
County Flood Control District
255 Glacier Drive
Martinez, CA 94553
If either party terminates this AGREEMENT, COUNTY shall be'responsible for its
prorata share of all expenses incurred up to the effective date of such termination.
COUNTY shall receive from DISTRICT all data or other information prepared by
DISTRICT for COUNTY at COUNTY's expense. DISTRICT shall be responsible for
disbursing the collected SUA revenue for the current fiscal year to the COUNTY
subject to COUNTY's compliance with Sections 7 and 8.
11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification
only by the written agreement of both parties. Neither party shall unreasonably
withhold its consent to the implementation and accomplishment of the overall
purpose for which this AGREEMENT is drawn.
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12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be
modified, revised or amended from time to time to respond to changed conditions,
however, unless earlier terminated under Section 10 above,this AGREEMENT shall
continue in full force and effect, in perpetuity.
CONTRA COSTA COUNTY FLOOD) COUNTY OF CONTRA COSTA
CONTROL AND WATER
CONSE Vi�TION TRICT
RV-
Cha—
B
ChairraWf Supervisors Ch ' , ar of Supervisors
ATTEST: ATTEST:
Phil Batchelor, Clerk of the Board of Phil Batchelor, Clerk of the Board of
Supervisors nd Coy
Administrator Supe sors 2nd Co qty Administrator
By; o By: am�l '9"
Deputy I Deputy
Recommended for Approval: Recommended for Approval:
J. Michael Walford J. Michael Walford
Chief Engineer Chief Engineer
By
Form Approved: Form Approved:
Victor J. Westman Victor J. Westman
County Counsel County Counsel
By: By:
Deputy eputy
1<13:pg
GAGrpDataTJdctIWPDES1S01SUA Agmt County.doc
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