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Home My WebLink AboutMINUTES - 05141996 - C11 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY; CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Adopted this Resolution on May 14, 1996 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 96/217 (West Water Code App. Ch. 63 Sec. 12.2 and 12.3) SUBJECT: NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1996-97 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE. PROJECT NO. 4500-6X7038 The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control & Water Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adopt ordinance for Stormwater Utility Assessments; and The Board, on June 22, 1993, established Stormwater Utility area 1 (Antioch), 2 (Clayton), 3 (Concord), 4 (Danville), 5 (El Cerritor), 6 (Hercules), 7 (Lafayette), 8(Martinez), 9 (Moraga), 10 (Orinda), 11 (Pinole), 12 (Pittsburg), 13 (Pleasant Hill), 14 (San Pablo), 15 (San Ramon), 16 (Walnut Creek), and 17 (Unincorporated County) consisting of that real property located in the incorporated limits of the cities indicated and the unincorporated County; and This Board also has before it the Chief Engineer's report providing an estimate of the cost of the National Pollutant Discharge Elimination System (NPDES) permit activities to be borne by property in the individual Stormwater Utility Areas. This report is on file with, and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that Stormwater Utility Assessments for Fiscal Year 1996-97 be adopted for Stormwater Utility Areas 1 through 17; and At 11:00 a.m. on June 11, 1996, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the adoption of Fiscal year 1996-97 Stormwater Utility Assessments. At the hearing, this Board will hear and pass upon any and all written or oral objections to the adoption of the proposed Fiscal Year 1996-97 Stormwater Utility Assessments. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The Clerk of the Board is DIRECTED to publish a Notice of Hearing, pursuant to Government Code 6066, once a week for two (2) successive weeks prior to the hearing in the West County Times, Contra Costa Times, and Antioch Daily Ledger, newspapers of general circulation, circulated in areas proposed to adopt Fiscal Year 1996-97 Storm Water Utility Assessments. Publication shall be completed at least seven (7) days before said hearing and said notice shall be given for a period of not less than twenty (20) days. NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF A STORMWATER UTILITY ASSESSMENT, FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE MAY 14, 1996 PAGE TWO The exterior boundaries of the Stormwater Utility Areas include lands within the cities indicated above. The Clerk of this Board is DIRECTED to forward to the governing body of said cities a copy of this Resolution at least twenty (20) days before the above noted hearing. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the clerk of the Board or with the District. MFK:LMB:cl g:\fldctl\Linda\B O\bo14.t5 Orig.Dept.:Public Works(AD) Ihereby wrtifythat this llsetru88Rd00NiBCtCOpyof Contact: Linda Bulkeley(510)313-2238 an action taken and entered on the minutes of the cc: Milton Kubicek,Public Works Board of Supervisors on the data shown. County Administrator ATTESTED: May 14, 199_ County Assessor PHIL BATCHELOR,Clerk of the Board County Auditor/Controller of Supervisors and County Administrator County Counsel County Treasurer-Tax Collector By Deputy GMEDA Public Works-NPDES RESOLUTION NO. 96/ 217 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 14, 1996 SUBJECT: ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1996-97 COUNTYWIDE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ACCEPT the Chief Engineer's report for the adoption of Stormwater Utility Assessments for Fiscal Year 1996-97 for Stormwater Utility Areas Numbers 1 through 17; 2. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments for Fiscal Year 1996-97 from the following municipalities and corresponding Stormwater Utility Areas: Antioch Hercules Pinole Walnut Creek Clayton Lafayette Pittsburg Unincorporated Contra Costa County Concord Martinez Pleasant Hill Danville Moraga San Pablo El Cerrito Orinda San Ramon 3. ADOPT the attached Resolution setting June 11, 1996, 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 1996-97 for said areas. II. Financial Impact: The proposed assessments for Stormwater Utility Areas 1 through 17 will provide approximately $8,400,000 in'ftanding for the cities and unincorporated County for the National Pollutant Discharge Elimination System (NPDES) program and drainage maintenance activities. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May 14, 1996 APPROVED AS RECOMMENDED X OTHER 1 hereby certify that this is a true and tforrectcopyot an action taken and entered on the minutes of lite Board of Supervisors V119 clatt�ltown. ATTESTED: 1 1" PHIL BATCHELOR,Clerk of the Board of Supervisors and county Administrator VOTE OF SUPERVISORS By jl�d ,Deputy X UNANIMOUS(ABSENT ) AYES: NOES: 67, ABSENT: ABSTAIN: MFK/LMB:cl g:\fldctl\Linda\BO\adoptres.t5 Orig.Div: Public Works(FCE) Contact: Linda Bulkeley,313-2238 cc: Milton Kubicek,Public Works County Administrator County Assessor County Auditor/Controller County Counsel GMEDA Treasurer-Tax Collector ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1996-97 COUNTYWIDE MAY 14, 1996 PAGE TWO Ill. Reasons for Recommendations and Background: Contra Costa County, its incorporated cities and the Contra Costa County Flood Control and Water Conservation District decided approximately five 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 Water 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 third Annual Report will be submitted on September 1, 1996. 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 through 1995-96. IV. Consequences of Negative Action: If the proposed assessments for the 1996-97 Fiscal Year are not implemented, the program would probably have to be funded by the general funds of the cities and County.