HomeMy WebLinkAboutMINUTES - 06272006 - SD.2 TO: BOARD OF SUPERVISORS, AS GOVERNING Contra
BOARD OF THE FLOOD CONTROL& WATER ,�
CONSERVATION DISTRICT - ; , 4 'S CoSta ��. .�
FROM: MAURICE M. SHIU, CHIEF ENGINEER -c-
oo ��� County
spA --- t
DATE: June 27, 2006
SUBJECT: Adopt Resolution Approving the Stormwater Utility Assessments for Fiscal Year 2006-2007,
Countywide. (All Districts)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
ADOPT Resolution 2006/3% approving the Stormwater Utility Assessments for Fiscal Year 2006-2007 for
Stormwater Utility Areas No. 1 through 18, Countywide.
FISCAL IMPACT:
The proposed assessments for Stormwater Utility Areas 1 through 18 will provide approximately$13,601,169 in
funding for the cities and unincorporated County for the National Pollutant Discharge Elimination System(NPDES)
program and drainage maintenance activities.
CONTINUED ON ATTACHMENT: 0 SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RE MENDATIO F BOARD C EE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BO N V►t�� APPROVED AS RECOMMENDEDy HER
OPENED THE PUBLIC HEARING, NO SPEAKERS, CLOSED THE PUBLIC HEARING.
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
G:\FldCtl\Board Orders 2005 Onward\2006 BO\BO to Adopt SUA Assmnts 6-27- ATTESTED O'
06.doc CULLEN,CLE OF THE BOARD OF
S ERVISORS
cc: County Administrator
County Assessor(certified copy)
County Auditor/Controller(certified copy)
County Counsel BY: DEPUTY
County Treasurer/Tax Collector
Public Works:
Greg Connaughton,Assistant Chief Engineer,Flood Control
Cece Sellgren,Engineering Svcs
SUBJECT: Adopt Resolution Approving the Stormwater Utility Assessments for Fiscal Year 2006-2007,
Countywide. (All Districts)
DATE: June 27, 2006
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(Flood Control District)working collectively under a
Joint Municipal Stormwater 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 Flood Control 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 1993-1994
through 2000-2001. 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.The Flood Control District does not collect this assessment for the cities
of Richmond and Brentwood. Richmond and Brentwood collect their NPDES levy as a sewer fee.
CONSEQUENCES OF NEGATIVE ACTION:
If the proposed assessments for Fiscal Year 2006-2007 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. If the
proposed assessments for Fiscal Year 2006-2007 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 27, 2006,by the following vote:
A N7-MO.
AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/3q{
SUBJECT: Adoption of Stormwater Utility Assessments for Fiscal Year 2006-2007, 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 and 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 May 23, 2006, this Board set a public hearing to consider adoption of Stormwater Utility
Assessments for Fiscal Year 2006-2007, for Stormwater Utility Areas No. 1 through No. 18; and
On June 27,2006,pursuant to the Board's Resolution of May 23,2006,this Board held a hearing to
consider the proposed Stormwater Utility Assessments, and at that time, all written and oral
objections presented concerning the proposed Stormwater Utility Assessments for Fiscal Year
2006-2007 were considered; and
GC:LM:cW
G:\F1dCtl\Board Orders 2005 Onward I hereby certify that this is a true and correct copy of an
\2006 Resolutions\Resolution to Adopt ERU 6-27-06.doc action taken and entered on the minutes of the Board of
Orig.Dept:Public Works(FC)
Contact: Linda Martinez (925)313-2279 Supervisors on the date shown.
cc: County Administrator yv�/
County Assessor(certified copy) ATTESTEDk,CIerk
(,(/b
County Auditor/Controller(certified copy) JOHN CULof the$oard of Supervisors
County CounselCounty Treasurcr/Tax Collector and Countytor
Public Works:
Greg Connaughton,Assistant Chief Engineer,Flood Control
Cece Sellgren,Engineering Svcs By 1.�-� '� ,Deputy
RESOLUTION NO. 2006/3%
SUBJECT: Adoption of Stormwater Utility Assessments for Fiscal Year 2006-2007, for
Stormwater Utility Areas No. 1 through 18, Countywide. (All Districts)
DATE: June 27, 2006
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 May 23, 2006; 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. 1 through No. 18,and said resolutions request that this Board adopt the annual assessment
rate denoted herein for their jurisdiction for Fiscal Year 2006-2007.
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 2005-2006 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) Equivalent Runoff Unit
SUA No. 1 —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 2006-2007;
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.
PROOF OF PUBLICATION
(2015.5 C.C.P.) �u
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.
I am the Principal Legal Clerk of the West County Times,
a newspaper of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of
August 29, 1978. Case Number 188884.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dates, to-wit:
June 13, 19,
all in the year of 2006
1 certify (or declare) under penalty of perjury that the
foregoi g is true correct.
Exe d at Walnut Creek, California.
On 21 day of June, 2006
.......... .....
Signature
West County Times
P 0 Box 100
Pinole, CA 94564
(510) 262-2740
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)
CONTRA COSTA COUNTY
FLOOD CONTROL&
WATER CONSERVATION
DISTRICT
255 Glacier Drive,Marti-
nez,CA 94553
PUBLICATION OF
NOTICE OF HEARING
NOTIFICATION OF HEAR-
ING TO CONSIDER THE
ADOPTION OF
STORMWATER UTILITY
ASSESSMENTS FOR FIS-
CAL YEAR 20062007 FOR
STORMWATER UTILITY
AREAS NO.1 THROUGH 18,
COUNTYWIDE.
The Board of Supervisors
of Contra Costa County;
as the Governing Body of
the Contra Costa County
Flood Control & Water
Conservation District,RE-
SOLVES 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
(EI Cerrito), 6 (Hercules),
7 (Lafayette), 8 (Marti-
nez), 9 (Moraga), 10
(Orinda), 11 (Pinole), 12
(Pittsburg), 13 (Pleasant
Hill), 14 (San Pablo), 15
(San Ramon), 16 (Walnut
Creek), 17 (Unincorporat-
ed County),and on May 9
2000 established
Stormwater Utility area
18(Oakley). These areas
consist of that real prop-
erty located in the incor-
porated limits of the cit-
ies indicated and the un-
incorporated County;and
This Board also has be-
fore it the Chief Engi-
neer'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 will be on file
within 30 days of the Pub-
lic hearing to adopt FY
2006-2007 Stormwater
Utility Assessments, and
may be examined at the
office of the Clerk of the
Board of Supervisors,Ad-
ministration Building,
Martinez,California.
It is proposed that
Stormwater Utility As-
sessments for Fiscal Year
2006-2007 be adopted for
Stormwater Utility Areas
1 through 18;and
At 9:30 a.m. on June 27
2006, in the Chambers 0#
the Board of Supervisors,
Administration Building,
Martinez California, this
Board will conduct a pub-
lic hearing on the adop-
tion of Fiscal Year 2006-
2007 Stormwater Utility
Assessments. At the
hearing, this Board will
hear and pass upon any
and all written and oral
objections to the adop-
tion of the proposed Fis-
cal Year 2006-2007 -
Stormwater Utility As-
sessments. Upon conclu-
sion of the hearing, the
Board may abandon the
Proposed actions,or pro-
ceed with the same.
The exterior boundaries
of the Stormwater Utility
Areas include lands with-
in the cities indicated
above.
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:May 24,2006
JOHN CULLEN,Clerk of the
Board of Supervisors and
County Administrator
By
EMY L.SHARP,Deputy
Legal WCT 7192
Publish June 13,19,2006
PROOF OF PUBLICATION
.12015.5 C.C.P.) 5
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.
I am the Principal Legal Clerk of the East County Times,
newspapers of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of
January 6, 1919. Case Number 8268.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
-in any supplement thereof on the following dates, to-wit:
June 13, 19,
all in the year of 2006
1 certify (or declare) under penalty of perjury that the
foreg ing is tree and correct.
Exel, �ed at Walut Creek, Calif rnia.
C hf
s
, 21 d of
June, 200
Signature
East County Times
1700 Cavallo Road
Antioch, CA 94509
(925) 779-7115
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)
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Atra Costa County Flood Conti
and Water Conservation District
255 Glacier Drive, Martinez, California
HEARING CONFIRMATION FORM
Hearing Date: _ June 27, 2006, 9:30 a.m.
Name of Person Phoning to Request Hearing: Linda Martinez Phone No.: 313-2279
Hearing Date Confirmed With: Emy of Clerk of the Board Staff on: 4/27/06
Agenda Language (how it will read on the calendar):
HEARING To Adopt Stormwater Utility Assessments for Fiscal Year 2006-2007 for Stormwater Utility
Areas 1 thru 18 Countywide; ACCEPT Chief Engineer's report; and ACCEPT the resolutions from
participating Cities and the unincorporated area of Contra Costa County requesting adoption of the
Assessments.
1 . Ahticipated length of the hearing: 5 minutes or less X or more
2. Is it controversial? Yes No X
3. Noticing Requirements: Publish Notice of hearing once a week for two (2) successive
weeks prior to the hearing
4. Code Section: Government code 6066
5. Publication Requirements: Publication shall be completed at least seven (7) days
before hearing and notice shall be given for a period of not less than twenty (20) days.
6. Who is to Publish the Notice? COB X PWD _
It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by Board
Resolution;the publication cannot be ordered until the Resolution is adopted by the Board of Supervisors
7. If posting of notice is required, who will post? NA
8. If mailing the notice is required, who will provide the clerk with the correct mailing list and
labels? Public Works will include an Exhibit of mailing list and labels in set hearing
materials.
9. When will this "fix hearing item" be listed on the Board agenda as a consent item?
May 23, 2006
G:\GrpData\FldCtl\SW UF\Annual Fee Adopt\FY 06-07\Hearing Confirmation Form to adopt SUA assmnt.doc
"Linda Martinez" To: <eshar@cob.cccounty.us>
> ` <Imart@pw.cccounty.0 cc: "Catherine Windham"<cwind@pw.cccounty.us>, "Joellen Waters"
f'w S> <jwate@pw.cccounty.us>
Subject: Hearing Confirmation Form-June 27, 2006 and Publication
04/27/2006 11:05 AM Request/Language
Emy,
Per your request—
Please find attached the
• Hearing Confirmation Form- 6/27/06
• Publication Request/Language
for my hearing request for June 27, 2006:
HEARING To Adopt Stormwater Utility Assessments for Fiscal Year 2006-2007 for Stormwater Utility
Areas 1 thru 18 Countywide; ACCEPT Chief Engineer's report; and ACCEPT the resolutions from
participating Cities and the unincorporated area of Contra Costa County requesting adoption of the
Assessments.
Please let me know if you have any questions.
Thanks,
Linda
Linda MmKinez
Administrative Services Assistant III
Contra Costa County Flood Control
&Water Conservation District
255 Glacier Drive
Martinez CA 94553
925 313-2279 telephone
925 313-2333 fax
Lmart(u`pw.cccoun .us
F7771,-
Hearinq Confirmation Form to adopt SUA assn Publication Request for Hrq to adopt SUA assm
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