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HomeMy WebLinkAboutMINUTES - 04071992 - F.1 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: FINANCE COMMITTEE DATE: MARCH 23, 1992 SUBJECT: FINANCING THE CONTRA COSTA CITIES ♦ COUNTY ♦ DISTRICT STORMWATER POLLUTION CONTROL PROGRAM SPECIFIC REdUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT the recommendation from the Contra Costa Cities ♦ County ♦ District Stormwater Pollution Control Program to seek State legislation authorizing the Contra Costa County Flood Control and Water Conservation District to establish a Stormwater Utility benefit assessment fee for costs associated with the National Pollutant Discharge Elimination System (NPDES) Permit Program. 2. DIRECT staff to prepare the appropriate legislation and perform the necessary administrative tasks to modify the Contra Costa County Flood Control and Water Conservation District Act to permit the establishment of the fee. 3. INDICATE the Board's support to consider the St wa Utility benefit assessment fee as the appropriate financing mechanism to pay fo all associated NPDES costs by Contra Costa County and encourage Memorandum Underst�lnding be established between all participants agreeing to a mprehensdve roach o fu o Continued on Attachment: X SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE L _APPROVE _ OTHER SIGNATURE(S): ACTION OF BOARD ON 7 . y 9 a APPROVED AS RECOMMENDED _ X OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT AYES: NOES: ABSENT: ABSTAIN: DPF::sj c:BONPDES.t3 ° Orig. Div: Public Works (FC) cc: County Administrator County Counsel I hereby certify that this is a true and correct copy of Auditor-Controller an action taken and entered on the minutes of the Board of Supervisors on the date shown. Community Development ATTESTED: 7 /9 9 a„� TCC (via PWD) PHIL BATCH OR,Clerk of the Board of Supervisors and County Administrator By Deputy NPDES Funding March 23, 1992 Page Two If. Financial Impact: Obtaining a National Pollutant Discharge Elimination System Permit involves a three step process. Part I of the application will cost Contra Costa County approximately $110,000. This was approved by the Board of Supervisors on May 7, 1991. These funds are for fiscal year 1991-92. Part II estimated costs for Contra Costa County total approximately $225,000. This will be for fiscal year 1992-93. Once the NPDES Permit has been obtained, the financial burden to Contra Costa County may range between $500,000 to $1 million annually. No permanent revenue source presently exists for this Program except General Fund financing. As of this date, funding for the 1992-93 costs of $225,000 has not been identified. III. Reasons for Recommendations and Background: The United States Environmental Protection Agency issued the National Pollutant Discharge Elimination System (NPDES) regulations for stormwater discharges on November 16, 1990. Contra Costa County was specifically identified in the regulations as needing a Municipal NPDES Permit. The San Francisco Bay Regional Water Quality Control Board through its amended Bay Basin Plan requires all jurisdictions within Contra Costa County to have an Urban Runoff Management Program. The NPDES Permit seeks to significantly reduce or eliminate all pollutants from entering the waters of the San Francisco Bay Delta Region. An organization consisting of Contra Costa County, its eighteen (18) incorporated cities and the Contra Costa County Flood Control and Water Conservation District was formed to obtain-an areawide Municipal NPDES Permit. All twenty (20) entities are collectively applying for Part I of the NPDES Permit. Approximately $200,000 has been funded for these activities. The Contra Costa County Flood Control and Water Conservation District is underwriting the cost of staff necessary to manage and coordinate these functions. The group costs represent only a portion of the financial commitments for the twenty (20) entities. Each jurisdiction must also fund separate activities needed to comply with the Part I requirements. Most of the funding for these activities are derived from the jurisdiction's general revenues. The estimated 1992-93 fiscal year budget for Part II group costs is approximately $1.2 million. Contra Costa County's anticipated share totals approximately $225,000. Financing this and future obligations once the NPDES Permit has been granted needs to be determined. The Contra Costa Cities ♦ County ♦ District Stormwater Pollution Control Program has recommended a specific option for financing all NPDES costs. The present provisions of the Flood Control District Act do not permit it to collect a Stormwater Utility benefit assessment fee specifically for NPDES activities. Therefore, State legislation is necessary to modify the Flood Control District Act to allow for the establishment of this fee. The legislation would permit a Stormwater Utility benefit assessment fee to be collected Countywide through nineteen (19) separate distinct areas. These areas include the incorporated boundaries of each city and the unincorporated area of Contra Costa County. Each jurisdiction would annually establish its budget for all NPDES related costs (joint and individual). A majority vote of each governing body would be necessary to determine its budget and fee assessment. The Board of Supervisors acting as the governing body for the Contra Costa County Flood Control and Water Conservation District would adopt this budget and collect the associated fees. All administrative costs would be paid by these jurisdictions to Contra Costa County. Essentially, it is a return-to-source financing mechanism for NPDES related costs. The District could not impose a fee within any jurisdiction that did not specifically request it. Contra Costa County must establish an independent financing tool to pay for these mandated costs. Reliance on the General Fund is not prudent. The San Francisco Bay Regional Water Quality Control Board has indicated that General Fund revenue is not an appropriate financing tool for the NPDES Program. State legislation specifically targeted to Contra Costa County is desirable. The Contra Costa Cities ♦ County ♦ District Stormwater Pollution Control Organization would seek resolutions from each of the eighteen (18) cities supporting this requested action. Staff support from the County Administrator's Office, County Counsel, and the Public Works Department is necessary to support activities seeking State authorization. NPDES Funding March 23, 1992 Page Three ° IV. Consequences of Negative Action: If Contra Costa County does not attain a NPDES Permit it will be in non-compliance and subject to regulatory fines totaling approximately$25,000 per day. Development activities could also be curtailed if the County were in non-compliance.