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HomeMy WebLinkAboutMINUTES - 04242001 - C.20 LIP �e I TO: BOARD OF SUPERVISORS FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR DATE: APRIL 24, 2001 SUBJECT: ADOPT RESOLUTION REQUESTING FLOOD CONTROL DISTRICT TO INCREASE AND ADOPT ANNUAL PARCEL ASSESSMENT FOR THE COUNTY'S CLEAN WATER PROGRAM I. Recommended Action: ADOPT attached resolution establishing equivalent runoff unit (ERU) rate of $30.00 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) for unincorporated areas. Continued on Attachment: x SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S):_ ACTION OF BOARD ON April 24, 2 o o 1 APPROVED AS RECOMMENDED OTHER 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. VOTE OF SUPERVISORS �— x UNANIMOUS (ABSENT ) AYES: —NOES: ATTESTED: April 24 , 2 001 ABSENT:_ ABSTAIN: JOHN SWEETEN,Clerk of the Board of Supervisors and DE\SW:pam County Administrator G:\lldctl\N P DES\RoardOrdcr\AdoptSUA 17 ratc401 Orig.Div: Public Works(FCE) Contact: Pamela Miller,(925)313-2238 By ,Deputy cc: County Administrator SUBJECT: ADOPT RESPOLUTION REQUESTING FLOOD CONTROL DISTRICT TO ADOPT ANNUAL PARCEL ASSESSMENT FOR THE COUNTY'S CLEAN WATER PROGRAM DATE: APRIL 24,2001 PAGE: 2 of 4 II. Financial Impact: No impact to the General Fund. The proposed 2001-2002 rate per ERU of$30.00 per ERU would result in an annual parcel assessment increase of $4.80 for the average county homeowner. Industrial and commercial businesses would see a greater increase dependent upon their acreage and land use designation (e.g. heavy industrial, office building, etc.). The $4.80 per ERU rate increase would result in an additional $426,467 in revenue. The unincorporated area of Contra Costa County will produce approximately $2,665,000, which will be used to implement the unincorporated County's Clean Water Program. III. 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 eighth year. In order to be in compliance with the current NPDES permit, Clean Water Program participants 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 $30.00 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, the Department recognizes that the regional water quality control boards have been requiring substantial additional mitigation with re-issuance of permits for waste discharge requirements under NPDES programs. Examples are the recently adopted Santa Clara Urban Runoff Pollution Prevention Program that still is undergoing modification, the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements adopted by Los Angeles and similar requirements being considered by the San Diego RWQCB. These requirements constitute a substantial increase in the "maximum extent practicable" (MEP) regulatory standard for reducing and/or eliminating non- stormwater discharges from new and redeveloped areas. The Los Angeles SUSMP requirements include treatment of the 85"' percentile amounts of each storm's runoff and retaining it, treating it, and releasing it. SUBJECT: ADOPT RESPOLUTION REQUESTING FLOOD CONTROL DISTRICT TO ADOPT ANNUAL PARCEL ASSESSMENT FOR THE COUNTY'S CLEAN WATER PROGRAM DATE: APRIL 24,2001 PAGE: 3 of 4 The program is proactively working to determine how these requirements will impact the County. We want to convince the RWQCBs to minimize the impact of SUSMP type requirements, based on our investigations in Contra Costa County. In order to do this we need to participate in the process and conduct studies and analyses of the SUSMP requirements to better understand their implications. Second, the: Department would like to continue and further develop a policy of progressive action that stresses education, watershed management planning and other preventative 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 defines task goals and chooses the method of implementation. If the County fails to improve stormwater quality the State legislature may require numeric limits as a compliance standard. Numeric limits are not readily transferable to non-point source pollution, where the baseline pollutant levels are not easily calculated and the sources not fully known. Bills have previously been proposed in order to impose numeric effluent limits on discharges from municipal and industrial storm drain systems. If implemented, numeric limits subject the County to major increases in program costs and additional litigation exposure. The assessment amount proposed is to be increased from the $25.20 per ERU rate adopted last year to the $30 per unit maximum rate that is currently allowed with Board approval. 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 on 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 the increased level of activities required by the NPDES permit and to proactively look at superior methods of handling our problems. These activities include public education, street sweeping, drainage maintenance, commercial and industrial inspection, monitoring, code enforcement and watershed management studies that include special biological assessment of creeks. These activities will cost a total of$2,966,000 to be paid for with the FY2001/2002 assessment revenue at the $30 per ERU rate level and with carryover revenues from prior years. Projected FY 2001/2002 expenditures will lower the fund balance to an amount equal to a reasonable 9% contingency fund, approximately $234,254. IV. Consequences of Negative Action: If the rate per ERU is not set for the coming fiscal year, funds will not be available for the County's Clean Water Program to comply with the Joint Municipal NPDES Stormwater Permit. SUBJECT: ADOPT RESPOLUTION REQUESTING FLOOD CONTROL DISTRICT TO ADOPT ANNUAL PARCEL ASSESSMENT FOR THE COUNTY'S CLEAN WATER PROGRAM DATE: APRIL 24,2001 PAGE: 4 of 4 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. In addition, if municipalities fail to improve stormwater quality, the legislature may, more than likely, impose numeric limits.that would be much more costly, and may subject.the County to additional litigation. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 24, 2001 by the following vote: AYES: Supervisors Gioia, Gerber, Glover, and Uilkema NOES: None ABSENT: Supervisor DeSaulnier ABSTAIN: None RESOLUTION NO. 2001/ 163 SUBJECT: ESTABLISH THE RATE PER EQUIVALENT RUNOFF UNIT FOR STORMWATER UTILITY AREA 17 (UNINCORPORATED COUNTY) FOR FISCAL YEAR 2001-02 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 control 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 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: Aril 24, 2001 DE\SW\:pam JOHN SWEETEN,Clerk of the Board of Supervisors and G:\Grp Data\FldCtl\NPDES\BO\ County Administrator adoptResSUA 17 REVISED 4-01.doc Originator: Public Works(FC) Contact: Pamela Miller(925)313-2238 c: D.Eckerson,Public Works By ' ,Deputy RESOLUTION NO. 2001/163 SUBJECT: ESTABLISH EQUVALENT RUNOFF UNIT RATE FOR STORMWATER UTILITY AREA 17 (UNINCORPORATED COUNTY)FOR FISCAL YEAR 2001/2002 AND REQUEST CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT ANNUAL PARCEL ASSESSMENT. DATE: APRIL 24,2001 PAGE: PAGE 2 of 2 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 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 2001-02 shall be set at $30.00. BE IT FURTHER RESOLVED, that the COUNTY Board of Supervisors does hereby request the DISTRICT to adopt SUA 17 levies based on said amount.