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Home My WebLink AboutMINUTES - 06282005 - SD4 TO• BOARD OF SUPERVISORS AS GOVERNINGContra _�- -.-- BOARD OF THE FLOOD CONTROL& WATER CONSERVATION DISTRICT0S = _ Costa - H\ FROM: MAURICE M. SHIU, CHIEF ENGINEER �•-:g =-- .-•'� rA County DATE: June 28, 2005 stj SUBJECT: Adopt Resolution Approving the Stormwater Utility Assessments for Fiscal Year 2005-2006, Countywide. (All Districts) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Resolution 2005/39'1 approving the Stormwater Utility Assessments for Fiscal Year 2005-2006 for Stormwater Utility Areas No. 1 through 18, Countywide. FISCAL IMPACT: The proposed assessments for Stormwater Utility Areas 1 through 18 will provide approximately$13,513,509 in funding for the cities and unincorporated County for the National Pollutant Discharge Elimination System DES program and drainage maintenance activities. CONTINUED ON ATTACHMENT: p SIGNA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAT OF BOARD ITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOA N ,J*' APPROVED AS RECOMMENDED /i O R VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS{ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Linda Martinez(925)313-2279 GC:LM:cw J. G:\GrpData\F1dCtl\Board Orders 2005 Onward\2005 BO\Ado t SUA Assmnis BO 6- ATTESTED 28-05.doc JOHN SWEETEN,CLERK OF THE BOARD OF cc: County Administrator SUPERVISORS County Assessor(certified copy) County Auditor/Controller(certified copy) County Counsel BY: ,DEPUTY County Treasurer/Tax Collector Public Works: Greg Connaughton,Flood Control Cece Sellgren,Engineering Svcs SUBJECT: Adopt Resolution Approving the Stormwater Utility Assessments for Fiscal Year 2005-2006, Countywide. (All Districts) DATE: June 28,, 2005 PAGE: 2,of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The Contra Costa Clean Water Program consists of Contra Costa County, its incorporated cities and the Contra Costa County Flood Control and Water Conservation District working collectively under a Joint Municipal Stormwater National Pollutant Discharge Elimination System(NPDES)Permit issued by the State Regional Water Quality Control Board.This permit is federally mandated through the Clean Water Act,which was amended in 1987 to specifically address stormwater pollution. The current five-year permit from the San Francisco Regional Water Quality Control Board began in September 1999. Public education on pollution prevention, inspection of construction sites, as well as commercial and industrial facilities, street sweeping, catch basin cleaning and other forms of drainage maintenance are examples of actions taken to meet permit requirements. An Annual Report is written each year to summarize accomplishments. The Contra Costa Clean Water Program is currently in its second Joint Municipal Stormwater NPDES Permit from the San Francisco Regional Water Quality Control Board and received its second five-year permit from the Central Valley Regional Water Quality Control Board for the cities of Antioch,Brentwood,Oakley and unincorporated East County in June 2000.The permit includes,for each municipality,a Stormwater Management Plan outlining intended activities designed to reduce or eliminate pollutants from entering the storm drain system. The Regional Boards indicated the need for a restricted funding source to finance implementation costs.In order to meet this need, 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 an 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.This 1993 Board action also set the first-year assessment rates for each Stormwater Utility Area, as well as maximum rates. Assessments were collected for fiscal year 1993-94 through 2000-01.On May 9,2000,the Flood Control District separated the City of Oakley from Stormwater Utility Area 17. The City of Oakley was established as Stormwater Utility Area 18, at that time, and assessments were collected for fiscal year 2000-2001. CONSEQUENCES OF NEGATIVE ACTION: If the proposed assessments for fiscal year 2005-2006 are not implemented,the program would have to be finided by the general funds of the cities and County to ensure compliance with NPDES permit requirements.If the proposed assessments for fiscal year 2005-2006 are not implemented,the program would have to be funded by the general funds of the cities and County to ensure compliance with NPDES permit requirements. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOARD OF THE FLOOD CONTROL & WATER CONSERVATION DISTRICT Adopted this Resolution on June 28, 2005,by the following vote: AYES: V t ) NOES: X a n e- ABSENT: A crevQ. ABSTAIN: RESOLUTION NO. 200513eal SUBJECT: Adoption of Stormwater Utility Assessments for Fiscal Year 2005-06, for Stormwater Utility Areas No. 1 through 18,Countywide. (All Districts)Project No. 4500-6X7072-CDD CP#95-37 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 ordinances and resolutions for Stormwater Utility Assessments; and This Board on June 22, 1993, established Stormwater Utility Areas 1-(Antioch), 2-(Clayton), 3-(Concord), 4-(Danville), 5-(El Cerrito), 6-(Hercules), 7-(Lafayette), 8-(Martinez), 9-(Moraga), 10-(Orinda), ll-(Pinole), 12-(Pittsburg), 13-(Pleasant Hill), 14-(San Pablo), 15-(San Ramon), 16-(Walnut Creek), 17-(Unincorporated County), and on May 9, 2000, established Stormwater Utility area 18-(Oakley). These areas consist of that real property located in the incorporated limits of the cities indicated and the unincorporated County; and On June 7, 2005, this Board set a public hearing to consider adoption of Stormwater Utility Assessments for fiscal year 2005-06, for Stormwater Utility Areas No. 1 through No. 18; and On June 28,2005,pursuant to the Board's Resolution of June 7,2005,this Board held a hearing to consider the proposed Stormwater Utility Assessments, and at that time, all written and oral obj ections presented concerning the proposed Stormwater Utility Assessments for fiscal year 2005-2006 were considered; and GC:LM:cw G:\CApData\]FldCtl\Board Orders 2005 Onward I hereby certify that this is a true and correct copy of an \2005 Resolutions\Resolution to adopt ERU 6-28-05.doc action taken and entered on the minutes of the Board of Orig.Dept:Public Works(FC) Supervisors on the date shown. Contact: Linda Martinez (925)313-2279 cc: County Administrator County Assessor(certified copy) ATTESTED: ",oll, e- ad County Auditor/Controller(certified copy) JOHN SWEETEN,Clerk of the Board of Supervisors County Counsel and County *nistrator County Treasurer/Tax Collector and CounLtyi Public Works: Greg Connaughton,Flood Control Cece Sellgren,Engineering Svcs B Y__ eputy RESOLUTION NO., 2005/ SUBJECT.- Adoption of Stormwater Utility Assessments for Fiscal Year 2005-06, for Stormwater Utility Areas No. 1 through 18,Countywide. (All Districts)Project No. 4500-6X7072-CDD CP#95-37 DATE: June 28, 2005 PAGE: 2 It appears from the affidavits of publication on file with this Board that all notices required to be given for such a hearing have been duly and regularly given and all procedures to be followed have been followed, all in accordance with Sections 11 and 12.8 of Act and in accordance with the provisions of the Board's Resolution of June 7, 2005; and This Board has received copies of resolutions approved by a majority of the members of the city councils,town councils,and Board of Supervisors representing the geographic areas of Stormwater Areas No. I through No. 18,and said resolutions request that this Board adopt the annual assessment rate denoted herein for their jurisdiction for fiscal year 2005-06. This Board found that the activity, adoption of Stormwater Utility Assessments and adjustments based on equivalent runoff units are not subject to the California Environmental Quality Act(CEQA) pursuant to Article 5, Section 15061(b)(3) of the CEQA guidelines on June 13, 1995. A Notice of Exemption was filed on June 14, 1995. This Board FINDS that the proposed assessment rate for each Stormwater Utility Area does not exceed the maximum annual assessment rate established for the area; and This Board, in accordance with Ordinance No. 93-47, ADOPTS by this resolution annual assessments for fiscal year 2005-06 within Stormwater Utility Area No. 1 through No. 18 based on the following rates per ERU for each area: Assessment Rate per Stormwater Utility Area(SUA) alent Runoff Unit SUA No. I -Antioch $25.00 SUA No. 2- Clayton $29.00 SUA No. 3 - Concord $35.00 SUA No. 4-Danville $27.50 SUA No. 5 -El Cerrito $38.00 SUA No. 6-Hercules $35.00 SUA No. 7-Lafayette $35.00 SUA No. 8 -Martinez $30.00 SUA No. 9-Moraga $35.00 SUA No. 10-Orinda $35.00 SUA No. 11 -Pinole $35.00 SUA No. 12 -Pittsburg $30.00 SUA No. 13 -Pleasant Hill $30.00 SUA No. 14- San Pablo $43.00 SUA No. 15 - San Ramon $35.00 SUA No. 16 -Walnut Creek $35.00 SUA No. 17-Unincorporated County $30.00 SUA No. 18 - Oakley $30.00 This Board hereby DIRECTS the Chief Engineer to file with the County Assessor and the County Auditor/Controller a list of the parcels subject to the assessment levied for fiscal year 2005-06; and This Board hereby DIRECTS the Clerk of the Board to file with the County Assessor and the County Auditor/Controller a certified copy of this resolution. 40 3