HomeMy WebLinkAboutMINUTES - 05062003 - C65 TO: BOARD OF SUPERVISORS
FROM: TRANSPORTATION AND WATER INFRASTRUCTURE COMMITTEE
DATE: MAY 6, 2003
SUBJECT: SUPPORT ASSEMBLY CONSTITUTIONAL AMENDMENT 10
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
SUPPORT Assembly Constitutional Amendment 10 (ACA 10) sponsored by Assemblymember Tom Harman
(Orange County)and AUTHORIZE the Chair, Board of Supervisors to send a letter of support.
11. Financial Impact:
ACA 10 could result in additional revenue for stormwater programs throughout the county.
Continued on Attachment: SIGNATURE:
tECUMMENDATION OF COUNTY ADMINISTRATOR
OMMENDATION OF BOARD COMMITTEE
—APPROVE —OTHER
SIGNATUIRE(S):
ACTION OF BOARD ON May 6, 2003 APPROVED AS RECOMMENDED 7IXOTHER
VOTE OF SUPERVISORS
X UNANIMOUS
{ABSENT & eir ) �}
AYES: NOES:
ABSENT: ABSTAIN: l hereby certify that this is a true and correct copy
DISTRICT III SEAT VACANT of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
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G\GMDataUl ',Mitchlbo\2003Wssembly Ammendment 10.doc
Orifi.Div: Public Works(Admin Svcs)
Contact: Mitch Avalon(313-2203) ATTESTED: May 6, 2003
Hoffinw,Public
Works Director
John Sweeten, Clerk of the Board of Supervisors
M.Shia,Pubtte Works Director
G.Connaughton,Mod Control and County Administrator
D.Freitas,Clean Water Program
T.Dalziel,Clean Water Program
S.Goetz,Community Development
I.Kopchik,Community Development
By ! LLjd=Z Deputy
SUBJECT: SUPPORT ASSEMBLY CONSTITUTIONAL AMENDMENT 10
DATE: MAY 6, 2003
PAGE: 2
III. Reasons for Recommendations and Background.
In 1996 the voters approved Proposition 218. Proposition 218 requires a vote of the people before local
government can impose a tax, fee, or assessment. Section 6C of Proposition 218 exempts fees or charges for
water, sewer, and refuse collection from the ballot provisions. This exemption provision covered most water
relatedactivities except stormwater. The City of Salinas established a stormwater fee several years ago,claiming
that stormwater was either polluted wastewater,and therefore exempt from Proposition 218,or it was a resource
for recharging their water wells for potable water and therefore exempt from Proposition 218. The city was sued
by the Howard Jarvis Taxpayers Association. The court found in favor of the city but the decision was appealed
to the appellate court,which reversed the decision and held in favor of the Taxpayers Association. The California
Supreme Court declined to hear the case.
The San Francisco Bay Regional "Water Quality Control Board recently imposed new National Pollutant
Discharge Elimination System(NP SES)permit requirements on the county and the cities in Contra Costa County.
These requirements will have a significant financial impact on the county and cities'clean water programs. ACA
10 will provide clarification to Proposition 218 by including"stormwater and urban runoff management"as an
additional exemption. ACA 10 will allow this issue to be placed before the California electorate for decision to
amend Proposition 218 or not. 1f ACA 10 is adopted,and if the California electorate support it,then Contra Costa
County will be able to fund our Clean Water Program similar to a water or sewer utility and raise or lower rates in
the same fashion. Staff is recommending support of ACA 10.
IV. Consequences of Negative Action:
The Board's position on ACA 10 will not be forwarded to the sponsor.
The Beard of Supervisors �O�ltr� John Sweeten
Clerk of the Board
County Administration Building /^� +{- and
651 Pine Street,Room 106 Costa CountyAdministrator
Martinez,California 94553-1293 County Administrator(925)335-1900
John Gioia,1 st District
Gayle B.Ullkema,2nd DistrictE.
Donna Gerber,3rd District :
Mark DeSaulnier,4th District
Federal Glover,5th District .�F
May b,2003
Assemblymember Harman
State Capitol
Sacramento, CA 95814
Dear Assemblymember Hannan:
The Contra Costa County Board of Supervisors supports Assembly Constitutional Amendment 10,
which you have introduced into the Assembly. ACA 10 will allow the California public the
opportunity to clarify a provision of Proposition 218. It will allow California voters to decide if
water quality and managing our stormwater should be funded similar to Sanitary Districts and Water
Districts.
Water quality issues have continued to poll very high with California voters,as evidenced by passage
of several water related bond issues over the last several years. With this background,it seems likely
the voters will agree that stormwater should be treated the same as water and sewer with regards to
Proposition 218. At this point,the courts have held that stormwater is not the same.
Again, we support ACA 10 and appreciate your efforts on improving the financial options for
funding stormwater and water quality programs throughout the state.
Very truly yours,
M L
Chair,Board of Supervisors
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0:\GrpDataW4min\Mitch\2003\04-03\BD ACA to hr.doc
cc: M.Shiu,PWD,Director
M.Avalon,PWD,Deputy
G.Connoughton,PWD,Division Head
D.Freitas,Clean water Program