HomeMy WebLinkAboutMINUTES - 04182000 - C115 TO: BOARD OF SUPERVISORS
FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR
DATE: April 18, 2000
SUBJECT: ADOPT RESOLUTION REQUESTING FLOOD CONTROL DISTRICT TO INCREASE AND
ADOPT ANNUAL PARCEL ASSESSMENT FOR THE COUNTY'S CLEAN WATER
PROGRAM
1. Recommended Action:
ADOPT resolution establishing an equivalent runoff unit (ERU) rate of$25.20 for unincorporated
County areas and requesting the Contra Costa County Flood Control and Water Conservation
District, pending the outcome of a public hearing to adopt an annual parcel assessment for
drainage maintenance and the National Pollutant Discharge Elimination System Program
(NPDES).
IL Financiallmpact:
No impact to the General Fund. The proposed FY 2000-2001 rate is $25.20 per ERU which would
Continued on Attachment: x SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD 5Fq April 1.8, 2000 APPROVED AS RECOMMENDED XX OTHER
I hereby certify that this is a true and correct copy
of an action taken and entered on the minutes of
VOTE OF SUPERVISORS the Board of Supervisors on the date shown.
x UNANIMOUS (ABSENT
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: r31 iffy 2t1tY)
LMB/jig PHIL BATCHELOR, Clerk of the Board of
G:\GrpData\FldCtl\NPDES\BO\2BdOrderAdoptSUA17rate4-OO.doc Supervisors and County Administrator
Orig.Div: Public Works(FCE)
Contact: Linda Bulkeley,(925)313-2238
cc: County Administrator
By Deputy
Subject: ADOPT RESOLUTION REQUESTING FLOOD CONTROL DISTRICT TO INCREASE AND <
ADOPT ANNUAL PARCEL ASSESSMENT FOR THE COUNTY'S CLEAN WATER
PROGRAM
Date: April 18, 2000
Page: 2 of 3
result in an annual parcel assessment increase of $9 for the average County homeowner.
Industrial and commercial businesses would see a greater increase dependent on their acreage
and land use designation (e.g. heavy industrial, office building, etc.). The $9 per ERU rate
increase would result in an additional $761,464.80. The unincorporated area of Contra Costa
County would net approximately $2,132,100 which will be used to implement the unincorporated
County's Clean Water Program.
111. Reasons for Recommendations and Background:
The Clean Water Program consists of the County, Contra Costa cities and the Flood Control
District working together to prevent, reduce or eliminate the discharge of pollutants into the storm
drain system, including creeks and other natural waterways. The Clean Water Program was
established in response to changes in the Federal Clean Water Act. The Program, known at the
federal level as the National Pollution Discharge Elimination System Program (NPDES) for
Municipal Stormwater Owners, is in its seventh year. In order to be in compliance with the current
NPDES permit, Clean Water Program participants must implement a Stormwater Management
Plan stipulating a set of activities and a performance or service level. The Stormwater
Management Plan is a major component of the Joint Municipal NPDES Stormwater Permit with
the California Regional Water Quality Control Boards and is paid for with stormwater utility fee
assessments. Adoption of the attached resolution will begin the annual process of assessment
adoption.
Each year by May 1, the cities and the County determine the rate to be charged within their
jurisdiction. The Board of Supervisors is being asked to set a rate of$25.20 for one equivalent
runoff unit in the unincorporated County areas and to request the Flood Control District (District)
to adopt the stormwater utility assessment. Equivalent runoff units are a measure of impervious
surface (built over surfaces) on which the assessment is based. (The District is the only entity
under state law with legal authority to assess this particular assessment.)
The Department is requesting an assessment increase for the following reasons. First, past fund
balance reserves will no longer exist to offset a significant portion of current year expenses.
During the early, developing years of the Program, expenditures were significantly below
revenues and as a result a reserve accumulated making assessment increases unnecessary. In
more recent years, Program implementation costs have exceeded annual revenues and spend
down of the reserve was required. The proposed assessment increase will bring the assessment
rate more in line with current expenditures.
Second, the County is now operating under a second five year State Permit and must meet higher
service levels and new activity mandates to ensure compliance with all permit requirements. For
example, whereas the first State Permit listed one page of mandated agency maintenance
activities, the second State Permit lists 31 pages of maintenance activities. Routine street
sweeping of targeted roads chosen by the local agency has been replaced by a new standard of
routine, monthly street sweeping of all curbed roads.
Subject: ADOPT RESOLUTION REQUESTING FLOOD CONTROL DISTRICT TO INCREASE AND 9
ADOPT ANNUAL PARCEL ASSESSMENT FOR THE COUNTY'S CLEAN WATER
PROGRAM
Date: April 18, 2000
Page: 3 of 3
Finally the Department would like to continue and further develop a policy of progressive action
that stresses education and preventive planning. Rather than passively waiting for the State
Regional Water Quality Control Boards to fine us or order us to act, the County has developed
plans and trained staff to act proactively. The County's interests are maximized when the County's
Clean Water Program staff define a task's goals and choose the method of implementation. For
example, the County, not the State, decided the types and numbers of businesses to be inspected
and the frequency of inspections for the commercial/industrial inspection program.
The proposed assessment amount is the first requested increase for the County, since 1903 when
the assessment and the $30 per ERU maximum rate were first adopted. The Public Works
Department, coordinator of the Clean Water Program for the County, plans to spend its
assessment revenue on the following program areas which constitute the County's Stormwater
Management Plan. The County is obligated under the State's NPDES Stormwater Permit to
perform all tasks listed in the Plan and to report annually to the State how well the County has
complied with the Plan. (A copy of the Stormwater Management Plan and Annual Reports to the
Regional Water Quality Control Boards are available if more detail is needed.)
The additional funds will be used to fund an increased level of activities required by the NPDES
permit. These activities include public education, street sweeping, drainage maintenance,
commercial and industrial inspection, monitoring, code enforcement and watershed management
studies.
These proposed activities will cost a total of $2,320,594 to be paid for with FY 2000101
assessment revenue at the $25.20 ERU rate level and with carryover revenues from prior years.
Projected FY 2000/01 expenditures will lower the fund balance to an amount equal to a
reasonable 12% contingency fund, approximately $275,000.
IV. Consequences of Negative Action:
If the rate per ERU is not increased for the coming fiscal year, sufficient funds will not be available
for the County's Clean Water Program to comply with the Joint Municipal NPDES Stormwater
Permit. The Regional Water Quality Control Boards have the authority to issue fines of up to
$10,000 per day against those municipalities that do not comply with the Permit and fail to
implement their Stormwater Management Plans.
From:- To:Chief Clerk Anes CerveiH Date:04/14/2000 Times:12:03:54 PM Page 2 of 3
+ CONSIM Wu'N •
EL SOBRAN`I'E MUNICIPAL ADVISORY COUNCIL
3550 San Pablo Dame Rd., E-553, El Sobrarrte,CA. 94803
April 14, 2000 URGENT ATTENTION PLEASE ���
Members of the Contra Costa County Board of Supervisors
APR
RE: County Clean Water Budget hearing on April 18th
BOAR[)OF SUPERVi s�3�`
Dear Supervisors : �a
This is a letter of canditianal support(statement at the end of this letter) for a proposed increase in the budget
for the County Clean Water Program which you will consider on April 18th.
I believe that information contained herein including taxpayers response are important in considering this
budget request.
Let me first share my positive personal knowledge and experience with the Program both as a creek advocate
for our constituents in El Sobrante as well as a creek owner.
For over 50 years and prior to 1998, the San Pablo Creek had not been cleaned of refuse. Two years ago, when
our non-profit El Sobrante Community Foundation took on the project to clean the Creek from Appian Way to
El Portal Drive in downtown El Sobrante. I found that there was no County help through R-9 funds nor funds or
help from Public Works because the creek is bordered by private property on both sides.
I stumbled on the County Clean Nater Program. Although they could not provide any clean up help, the
dedicated and concerned staff helped we to get ref'iise bags and provided me with necessary information to
identify the various creek properties. The information alone saved me a month of my time which I then devoted
to searching for some small private funding for the clean up and gave me time to contact the creek property
owners of our free Community Service.
At that time, the department's staffing budget was so tight that they had to rely on College student interns to
take calls and interface with the department supervisor who was stretched in all directions. Unfortunately,
students graduated or finished their internships and replacements turnover presented problems in continuity in
what I was working on. That is not a criticism; they did the best with the funding they had. The Clean Water
Funding was so short, that the supervisor herself, Linda Bulkely, extended herself to personally deliver bags on
her own time so that our paid clean up crew could do the Community work for our small, underfunded
Foundation. Now, that is dedication to the program.
Since those days of unpaid interns, the Department has expanded its' clears water focus and commitment to
cleaner water. Now their program has taken on a comprehensive Proactive awareness approach under the same
budgetary allowances and constraints to improve the water quality in San Pablo Creek and its' tributaries
through El Sobrante.
My understanding of the current approaches to accomplish the mission of the County Clean Water Program,is:
* Proactive awareness activities:
The Department contracted with AOI to administer the San Pablo Creek Watershed Awareness Program for the
County which encompasses School Teacher workshops on how teachers can provide curriculum to children to
appreciate the value of creeks. I can also attest to the serious of this awareness commitment since l recently took
From:- 7a:Ctiet Clerk Anis CerveHl Gate:04114/2000 Time:12:03:54 PM Page 33 of 3
part in a 6 hour "creek walk" with the Department Staff and the Aquatic Outreach Institute personnel td"7
thoroughly review possible sites for public awareness campaigns on County property.
This year the mass printing of public education materials for Schools and Earth Day flyers has blossomed under
the capable efforts of the AOI Awareness Program contract. It is believed this will instill respect for and
appreciation of our creeks and clean water to children of all ages now and hopefully carry on over into their
adult life.
• Tangible activities for Taxpayers who will pay for the budget increase.
1. 1 was over joyed to learn that the Department was making a"Formal Agreement" with the Urban Creeks
Council to assist creek property homeowners with neighborhood workshops on bogy to deal with erosion
control problems and haw to create healthy riparian environments on their property, This not only save%
property damage but also keeps silt and mud from the water and creek channel by educating the owners on
what part they play in raising water quality.
2. In addition to the Workshops, the excellent "Caring for your Creek" manual produced by the Clean
Water Department for unin_ eor mrated areas is another tangible that taxpayers can see that the County is
doing something for thein.
3. Street sweeping/cleaning of creek drain culverts in County unincorporated areas is now scheduled on a
regular basis to remove solid refuse from those drains areas before it is washed into the creeks to potentially
add to the water contamination.
4. The "blue fish decal" warning on culverts draining into the creeks and bay and maintained by the
Department is a most important permanent reminder and deterrent and handouts. People tell me they never
thought of a problem draining their antifreeze into the cutter until they noticed the decal and no longer do
this.
All of this takes money and staff.
NOTE: A number of constituents have expressed concern over the huge increase in property_tax assessment
that is proposed ($16 raised to $27) and what assurances that this money and awareness will result in clean
water. We am assuming that the County has in place an objective water sampling and an on going monitoring
system with records showing these results. If this increase is approved, it is reasonable to expect that the public
be shown the BEFORE(base line)and AFTER effects of the use of this money on water quality.
Therefore, I urge you to approve a budget increase for the County Clean Water program on the condition that
samplingtmonitoring of water quality data be made available to at least those paying for the assessment
In their tax bills so that they are not paying for something that can't be proven effective. This is not an
unreasonable request.
Sincerely,
C. William Kassel, Chair
El Sobrante Municipal Advisory Council
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 18, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DeSAULNIER, CANCIAMILLA and GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NO11E RESOLUTION NO. 2000/ 201
SUBJECT: ESTABLISH THE RATE PER EQUIVALENT RUNOFF UNIT FOR
STORMWATER UTILITY AREA 17(UNINCORPORATED COUNTY)FISCAL
YEAR 2000-01 AND REQUEST THE CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN
ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND
THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PROGRAM
The Board of Supervisors of Contra Costa County RESOLVES THAT,
WHEREAS,under Federal Water Pollution Control Act,prescribed discharges of stormwater
require a permit from the appropriate California regional water quality board under the National
Pollutant Discharge Elimination System (NPDES)program; and
WHEREAS,the COUNTY of CONTRA COSTA did apply for, and did receive, a NPDES
permit which requires the implementation of selected Best Management Practices to minimize or
eliminate pollutants from entering stormwaters; and
WHEREAS, it is the intent of the COUNTY to utilize funds received from its Stormwater
Utility Area(SUA) for implementation of the NPDES program and drainage maintenance activities;
and
WHEREAS, at the request of the COUNTY, the Contra Costa County Flood Control and
Water Conservation District (DISTRICT) has completed the process for formation of a SUA,
including the adoption of the Stormwater Utility Assessment Drainage Ordinance NO. 93-47; and
WHEREAS, The SUA and Program Group Costs Payment agreement between COUNTY
and DISTRICT requires that COUNTY annually,by May 1, determine the rate to be assessed to a
single Equivalent Runoff Unit(ERU) for the forthcoming fiscal year in the unincorporated County;
and
Resolution 2000/201
WHEREAS, at the request of the City of Oakley,the Contra Costa County Flood Control and
Water Conservation District has begun the process of formation of a separate SUA for the City of
Oakley.
NOW, THEREFORE BE IT RESOLVED, that the COUNTY Board of Supervisors of the
COUNTY of CONTRA COSTA does determine that the rate to be assigned to a single ERU for
Fiscal Year 2000-01 shall be set at $25.20.
BE IT FURTHER RESOLVED, that the COUNTY Board of Supervisors does hereby
request the DISTRICT to adopt SUA 17 levies based on said amount.
BE IT FURTHER RESOLVED, that the COUNTY Board of Supervisors does acknowledge
and accept the removal from SUA 17 of the City of Oakley and the loss of assessment revenue from
this former unincorporated area.
LMB j1g
G:\GrpData\F1dCtl\NPDES\BO\adoptResSUA17 4-OO.doc
RESOLUTION NO. 2000! 2 01
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: /.061j& A ° 'O 0
PAIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
By ter- ,Deputy