HomeMy WebLinkAboutMINUTES - 05161995 - 1.13 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: MAY 16, 1995
SUBJECT: ACKNOWLEDGE RECEIPT OF RESOLUTIONS REQUESTING ADOPTION OF STORMWATER
UTILITY ASSESSMENTS FOR FISCAL YEAR 1995-96
Project No.: 4500-6X7043
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments
for Fiscal Year 1995-96 from the following municipalities and corresponding Stormwater Utility
Areas: -
Moraga San Pablo Walnut Creek
2. ACKNOWLEDGE receipt of revised Engineer's Report and DIRECT Chief Engineer to file said
report with a report listing the proposed, individual parcel assessments with the Clerk of the Board
of Supervisors.
11. Financial Impact:
The proposed Stormwater Utility Assessments will provide $8 million in funding for the National Pollutant
Discharge Elimination System (NPDES) program and drainage maintenance activities implemented by
the cities and unincorporated portions of Contra Costa County.
III. Reasons for Recommendations and Background:
On May 2, 1995, the Board of Supervisors, acting as the governing board of the Contra Costa County
Flood Control District, adopted a resolution setting June 13, 1995 as the public hearing date for adoption
Continued on Attachment: X SIGNATURE: AA� A"14';c
RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON -YY)o..r It0 t 1901 APPROVED AS RECOMMENDED OTHER
1 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:
PmiL7BATCHEL010 Clerk of the Board
VOTE OF SUPERVISORS of Supervisors and County Administrator
UNANIMOUS(ABSENT )
AYES: NOES: ,Deputy
ABSENT: ABSTAIN: By
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Orig.Div: Public Works(FCE)
Contact: Linda Bulkeley,313-2238
cc: Public Works
County Administrator
County Counsel
GMEDA
ACKNOWLEDGE RECEIPT OF RESOLUTIONS FOR
STORMWATER UTILITY ASSESSMENTS FOR FY 95-96
MAY 16, 1995
PAGE TWO
of Fiscal Year 1995-96 Stormwater Utility Assessments for Stormwater Utility Areas No.1 through 17. A
copy of the May 2, 1995 Board Order is attached for reference. Moraga, San Pablo, and Walnut Creek
are included in these Utility Areas. Resolutions requesting adoption of the Stormwater Utility Assessment
have now been received from these three jurisdictions. The Board needs to acknowledge receipt of these
documents.
The Engineer's Report has been revised to reflect a decrease in the proposed ERU rate for Stormwater
Utility Area 14 (San Pablo). San Pablo's proposed ERU rate has decreased by one cent, from $34.81
to$34.80. The revised rate will better meet the requirements of the tax collection process, specifically
the need for even numbered assessment rates to facilitate semiannual property tax billing.
The Flood Control District has prepared a report that lists by municipality the proposed assessment on
each taxable parcel based on the proposed ERU assessment rate for each Stormwater Utility Area. The
Engineer's Report with this list of proposed individual assessments will be filed May 16, 1995 in the office
of the Clerk of the Board of Supervisors, following approval of this Board Order.
IV. Consequences of Negative Action:
If the proposed assessments for the 1995-96 Fiscal Year are not implemented, the program would
probably have to be funded by the general funds of the cities and County.
Revised #1.8
TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY
AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: MAY 2, 1995
SUBJECT: ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1995-96
COUNTYWIDE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. ACCEPT the Chief Engineers report for the adoption of Stormwater Utility Assessments for
Fiscal Year 1995-96 for Stormwater Utility Areas Numbers 1 through 17;
2. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments
for Fiscal Year 1995-96 from the following municipalities and corresponding Stormwater Utility
Areas:
Antioch Hercules Pittsburg
Clayton Lafayette Pleasant Hill
Concord Martinez San Ramon
Danville Orinda Unincorporated Contra Costa County
EI Cerrito Pinole
3. ADOPT the attached Resolution setting June 13, 1995, at 11:00 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 1995-96 for said areas.
II. Financial impact:
The proposed assessments for stormwater Utility Areas 1 through 17 will provide approximately
$8,000,000 in funding for the cities and unincorporated County for the National Pollutant Discharge
Elimination System (NPDES) program and drainage maintenance activi
Continued on Attachment: _X SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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Orig.Div: Public Works(FCE)
Contact: Linda Bulkeley,313-2238
cc: lvlihon Kubicek,313-2243
County Administrator
County Assessor
County Auditor/Controller
County Counsel
GMEDA
ADOPTION OF STORMWATER UTILITY ASSESSMENTS
FOR FISCAL YEAR 1995-96 COUNTYWIDE
MAY 2, 1995
PAGE TWO
Treasurer-Tax CoUedor
Itl. Reasons for Recommendations and Background:
Contra Costa County, ita incorporated cities and the Contra Costa County Flood Control and Water
Conservation District decided approximately four years ago to collectively apply for a Joint Municipal
Stormwater National Pollutant Discharge Elimination System (NPDES) Permit. This is federally mandated
through the Clean Water Act which was amended in 1987 to specifically address stormwater pollution.
There are three parts to the Permit. The Part I Application representing reconnaissance level activities
by each municipality was submitted to the San Francisco Bay and Central Valley Regional Quality Control
Boards on May 18, 1992. The Part II Application, representing the development of each municipality's
Stormwater Management Plan seeks to reduce or radically eliminate pollutants from getting into the storm
sewer system. The third phase of the process began when the Regional Boards approved the
Stormwater Management Plan on September 15, 1993 (San Francisco) and January 28, 1994 (Central
Valley). These approvals marked the beginning of the five year(1993 through 1998) permit period when
each municipality is required to implement the activities listed in the Plan. An Annual Report, which
summarizes the activities implemented by the municipalities during the first year of the Permit, was
submitted to the Regional Boards on September 1, 1994. The second Annual Report will be submitted
on September 1, 1995.,
The Regional Boards have indicated the need for a "restricted"funding source to finance implementation
costs. Therefore, Contra Costa County proposed legislation providing a financial option for municipalities
to use through the Contra Costa County Flood Control and Water Conservation 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
assessment to pay for implementation costs.
The Board of Supervisors, acting as 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. Assessments were collected for
Fiscal Year 1993-94 and 1994-95.
IV. Consequences of Negative Action:
If the proposed assessments for the 1995-96 Fiscal Year are not implemented, the program would
probably have to be funded by the general funds of the cities and County.
Revised
ENGINEER'S REPORT FOR
THE ADOPTION OF FISCAL YEAR
1995-96 ASSESSMENTS FOR
CONTRA COSTA COUNTY
FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
STORMWATER UTILITY AREAS
NOS. 1 THROUGH 17
Prepared by the Staff: of the
Contra Costa County Flood Control
and Water Conservation District
255 Glacier Drive
Martinez, CA 94553
May 1995
1. RECOMMENDATION:
It is recommended that:
a. The Stormwater Utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 1995-
96 be adopted for the Contra Costa County Flood Control and Water Conservation District
Stormwater Utility Areas (SUA) for the following incorporated and unincorporated areas:
STORMWATER MAXIMUM EX STMG PROPOSED
UTILITY AREA;;. ERU : ERU ERU
AREA NO RATE RATE FOR FY RATE 1=0R .
1994:-,95::;: FY 995-961;:
1 Antioch $25.00 $17.00 $17.00
2 Clayton $29.00 $23.50 $23.50
3 Concord $35.00 $26.00 $26.00
4 Danville $30.00 $22.00 $22.00
5 El Cerrito $38.00 $14.00 $14.00
6 Hercules $35.00 $24.00 $24.00
7 Lafayette $35.00 $18.00 $16.00
8 Martinez $30.00 $20.00 $28.00
9 Mora a $35.00 $20.00 $20.00
10 Orinda $35.00 $23.00 $23.00
11 Pinole $35.00 $28.00 $35.00
12 Pittsburg $30.00 $24.00 $24.00
13 Pleasant Hill $30.00 $25.00 $25.50
14 San Pablo $45.00 $33.80 $34.80
15 San Ramon $35.00 $23.00 $23.00
16 Walnut Creek $35.00 $19.00 $19.00
17 Unincorporated $30.00 $16.20 $16.20
County
2. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NPDES)PROGRAM:
The Federal Water Pollution Control Act generally referred to as the Clean Water Act was adopted
by Congress 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 waste water-and municipal
sewage. The Act was amended in 1987 mandating the Environmental Protection
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Agency (EPA) to establish regulations setting forth the National Pollutant Discharge Elimination
System (NPDES) Permit Application requirements for stormwater discharges for municipalities,
industries and construction projects. Contra Costa County, its incorporated cities and the Flood
Control 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 Clean Water Program's Management Committee
identified the formation of stormwater utilities as the most practical method for meeting the funding
requirements. Sixteen city councils adopted resolutions requesting the District form a Stormwater
Utility Area for their city territory. The governing board of the District established the Stormwater
Utility Areas on June 22, 1993.
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 as a 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, most of the
NPDES activities will be performed by the cities and county on an individual basis. Consequently,
each city comprises a separate stormwater utility area. 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
storrnwater runoff quantity or the amount of impervious surface associated with various land uses.
The Stora water Utility Areas utilize the latter method. Staff prepared the report entitled, "Report on
Stomnwater 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 Stormwater Utility Area. A typical single family residence (5,000 square foot to
20,000 square foot 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 1995-96:
Indicated below are the estimated budgets for each stormwater utility area. The 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 District provides city staff with an estimate of the number of ERUs assessable in the
new year. The agency corresponding with each Stormwater Utility Area 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
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required ERU rate by dividing the estimated total cost by the estimated ERUs in the Stormwater
Utility Area. The agency governing board approves the rate and requests the District approve and
implement the desired assessment. The ERU rate in future years can not exceed the maximum rate
shown in Section 1(a) without completing the public notice/hearing process required by SB 1977
(Bergenson).
SORM GROUP AGENCY DISTRICT
WATER AGENCY NPDES NPDES ADMIN:/jJJji
TAX TOTAL
UTILrrY COST FUNDING';: COLLECTION COLLECTOR
AREA FUNDING .... 1 COST COST
1 Antioch $104,000 $419,676 $21,385 18,149 $563,210
2 Clayton 12,000 63,668 2,872 2,699 81,240
3 Concord 186,000 1,177,922 36,277 28,761 1,428,960
4 Danville 52,000 278,511 13,094 11,057 354,662
5 EI Cerrito 38,000 95,013 8,690 7,074 148,778
6 Hercules 28,000 - 123,794 6,337 5,357 163,488
7 Lafayette 39,000 146,724 8,400 6,868 200,992
8 Martinez 53,000 443,308 11,242 9,218 516,768
9 Mora a 27,000 122,489 5,630 4,660 159,780
10 Orinda 28,000 198,279 6,823 5,614 238,717
11 Pinole 29,000 251,191 6,263 5,201 291,655
12 Pittsburg80,000 475,386 13,272 10,894 579,552
13 Pleasant 53,000 342,728 11,548 9,292 416,568
Hill
14 San Pablo 42,000 286,996 6,302 5,220 340,518
15 San 59,000 437,862 12,907 10,744 520,513
Ramon
16 Walnut 101,000 500,149 22,982 18,297 642,428
Creek
17 County 253,000 1,202,158 53,222 43,823 1,552,203
TOTAL: 1,1':84,000 6,565,855 247;247 202;929 8;200,032
(1) Agency funding for NPDES includes storm drain system maintenance and contingency costs.
5. ESTIMATED STORMWATER UTILITY ASSESSMENT REVENUES IN FY 1995-96:
Indicated below are the estimated revenues for Fiscal Year 1995-96 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
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area. A listing of each assessor parcel number and proposed 1994-95 assessment is on file with
the Clerk of the Contra Costa County Board of Supervisors.
STORMWATER; NUMBER OF PROPOSED ERU ESTIMATED:....:
I�TILITI(AREA AGENCY ERUS RATE FOR REIXENUE
FY 1995-96
1 Antioch 33,130 $17.00 563,210
2 Clayton 3,457 23.50 81,240
3 Concord 54,960 26.00 1,428,960
4 Danville 16,121 22.00 354,662
5 EI Cerrito 10,627 14.00 148,778
6 Hercules 6,812 24.00 163,488
7 Lafayette 12,562 16.00 200,992
8 Martinez 18,456 28.00 516,768
9 Mora a 7,989 20.00 159,780
10 Orinda 10,379 23.00 238,717
11 Pinole 8,333 35.00 291,655
12 Pittsburg24,148 24.00 579,552
13 Pleasant Hill 16,336 25.50 416,568
14 San Pablo 9,785 34.80 340,518
15 San Ramon 22,631 23.00 520,513
16 Walnut Creek 33,812 19.00 642,428
17 County 95,815 16.20 1,552,203
TOTAL: 385,353 8,240,032
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