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Home My WebLink AboutMINUTES - 06242008 - SD.4 �..�.- _�o TO: BOARD OF SUPERVISORS, AS GOVERNING Contra =- BOARD OF THE FLOOD CONTROL & WATER ' - •; ;r; : - CONSERVATION DISTRICT :;.'-rte•:_ Costa3:m ...;� FROM: JULIA R. BUEREN, CHIEF ENGINEER DATE: JL!Ile 24, 2008 SUBJECT: Adopt Resolution Approving the Stormwater Utility Assessments tOC Fiscal Year 2008-2009, Countywide. (All Districts) SI'LIC:IFIC RLOUFST(S)OR RF(_'ONJNII NDA-Ill)\(S).HA(.X('ILOI_:ND AND JUS IIFICA-1ION RECOMMENDED ACTION: ADOPT Resolution 2008/1436 approving the Stormwater Utility Assessments for Fiscal Year 2008-2009 (or Stormwater Utility Areas No. 1.through 1 S, Countywide. FISCAL IMPACT: The proposed assessments for Stormwater Utility Areas 1 through IS will provide approximately 513,743,197 in funding for the cities and 1111111Corporated C011llty for the National Pollutant Discharge Elimination System(NP.DES) program and drainage ilia Intenance activities. c:.;(:)N`l iNLiI I) ON A'1'TF1C'IIMEN'I': FRISIGNATU ItE('()NI.NIEN1):N'1'1(.)N OF((.)I:VTY:NI)NIINIS-I-I(A'1'()IZ '()N1NIEN )ATI() ()F BOARD F. APPROVE OTHER SIGNATI HF:(S): ��// /gyp AC HON OF 130ARD ON J ��nj 04 D A%PPROWi )AS R17COMMENDFI) \•'O11:OFSUPERVISORS: III] REBY(T-RTIFY I1-IAI•IIIlliISA,rill!]=AN1)('0RILI::C'I COPY OI AN ACIION 'I'AI:LN AND I-NTLRI-:I) ON I;PJ;\NIN1()1'Sl:\I3SI.N"I ) NIINIJII:S OF TI-II: BOARD OF SIJI'I:.R\'IS()RS ON ]III: ABSEM: ABSTAIN: (ontac1: Greg CimnaItuhIon(035);I:-_27%I (.:`•.I IJ7tI`•.130:11d()rdrrs?00 (:)It.Wm'd`•.3001 130'Adopt SIJA Assntnts 130 6-24- Me ATI LS I ED tj 08.doc ,JOAN(111-11N.Cf LRK OF I'l11:BOARD 01 SUTFRVIS(:)RS ce: CUIIIt Iy Admin Utra Lor ('ouitny Assessor( erlltICll copy) „ 1 ('ounty Auditor"Colillollcr('ccrtilied copy) Courny('IIUnSCI BY: DLI'UII, County Inasurcr I:is('idlcctor I'uhlic\\finks: Fkmd Control Division Cece Srllurcn,1-.n uinrcrimu ticnviccs•I[in-ironmcntal SUBJECT: Aclopt Resolution Approving the Stormwater Utility Assessments for Fiscal Year 2008-2009, Countywide. (All Districts) DATE: June 24, 2008 PAGE: 2 of? REASONS FOR RECONIMENDATiONS 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 (FC District) working Collectively under a .loint Municipal Stonl7watcr NPDES Permit issued by the State Regional Water Quality Control Board. This permit is federally mandated through the Clean Water Act, which was amended iii 1987 to specifically address stormwater pollution. The current five-year pennit .frolll till'. Sall Francisco Regional Watel" Quality Control Board began ill September 1999. PLlbl IC education oil pollution prevention, Inspection Of CO11St1"LICt1O11 sites,as well as commercial and Iildustrial tacilltles,street sweeping,catch basin Cleanino and other forills o.fdrainage maintenance are examples of. actions taken to meet permit requirements. An AnIlL1al Report is written each year to summarize . accomplishments. Tile.Contra Costa Clean Water Program 1S CLlrl-Clltly 111 Its second.IoInt Municipal Stormwater NPDES PerrnIt from the San Francisco Regional Water Quality Control Board anis received its second five-year permit from the Central Valley Regional Water Quality Control Board for the cities of Antioch, Brentwood,Oakley,and unincoiporated East County in June 2000. The permit includes, for each 111L1111clpallty,a Stormwater Management Plan outlining intended activities designed to redLICC or eliminate pollutants fi•om entering the stone drain system. The Regional Boards indicated the need fora restricted funding source to finance implementation costs. fn order to meet this need, Contra Costa COLlnty propoSCd legislation providing a financial option for 11711111CIpalltleS to USC through the FC District. The bill, AB 2768 (Campbell), .was passed by the legislature and si<gned by Governor Pete Wilson on August 30, 1992. Tlic legislation speci f cally allowed a nnulicipality to request formation of a Stomiwatei- Utility Area and an assessment to pay for implementation costs. The Board of Supervisors, acting as the governing board of 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 .lune 22, 1993, creating 17 Stonllwater Utility Areas. This 1993 Board action also set the first-year assessment rates for each Stormwater Utility Area, as well as maxin7u111 rates. Assessments were collected Ibr Fiscal Year 1993-94 throuCTh 2000-01. Oil May 9, 2000, the FC District separated the City of Oakley from Stonllwater 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 FC District does not collect this assessment for the cities of Richniond and Brentwood. Richmond and Brentwood collect their NPDES levy as a sewer fee. CONSEQUENCES OF NEGATIVE ACTION: if the proposed assessments fo.r Fiscal Year 2008-2009 are not implemented,the program would have to be funded by the general funds of the cities and County to ensLII-e compliance with NPDES permit requirements. i.f the proposed assessments for Fiscal Year 2005-2009 are not implemented, the program would have to be funded by the general fluids OI the cities and COLIntw to ellsLlre compliance with NPDES penult regUirements. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOARD OF THE FLOOD CONTROL & WATER CONSERVATION DISTRICT Adopted this Resolution on .Ione 24, 2008, by the following vote: AYES: GIOIA, UILKEMA, PIEPHO, BONILLA&GLOVER NOES: NONE j ABSENT: NONE ABSTAIN: NONE i ----------' RESOLUTION NO. 2008/430 SUBJECT: Adoption of Stormwater Utility Assessments for Fiscal Year 2008-2009, for. Stornlwater Utility Areas No. 1 through 18, Countywide. (All Districts) Project No. 4500-6X7041-CDD C P# 95-37 The Board of SUpervisors of Contra Costa County, as the Govermnv- 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 (or said Governing Body to establish Stormwater Utility Areas and adopt ordinances and resolutions for Stornmater Utility Assessments; and This Board On June 22, 1993, established Stormwater Utility Areas 1-(Antioch), 2-(Clayton), 3-(Concord), 4-(Danville), 5-(El Cerrito), (i-(Hercules), 7-(Lafayette), 8-(Martinez), 9-(Moraga), 10-(Orillda), 11-(Pinole), 12-(Pittsburg), 13-(Pleasant Hill), 14-(Sall .Pablo), 15-(Sall Rarnoll), 16-(Walnut Creek), 17-(Unincorporated County), and on May 9, 2000, established Stormwater Utility area 1 S-(Oaklcy). These areas consist of that real property located in the incorporated limits of the cities indicated and the unincorporated COunty; and On May 20, 2008, this.Board set a public hearing to consider adoption of Stormwater ,Utility Assessments'for Fiscal Year 2008-2009, for Stormwater Utility Areas No. 1 through No. 18; and On.1une.24, 2008, pursuant to the Board's ResolUtion of May 20,2005, this Board held a hearing to consider the proposed Stornlwater Utility Assessments, and at that time, all written and oral objections presented concerning the proposed Stormwater Utility Assessments for Fiscal Year 2008-2009 were considered; and (1`1-ILI(_PAI( ild C)rdcr.1 200 01MIlI'dl.1008 RC5011-16011S t hereby certify that this is a true and correct copy of an Adopt Ci.:A;l�SlMl s RL-SO 0-1F-()}.li.ti• action taken and entered on the minutes ol•the Board of Ong. Dept:Public Works WC) Cuntact: lire,_('t III (925)31'+2'71 supel'VISOrs On talc date shown. County Assessor(ccrtilicd copy) A`CTrS`fED: 1 Cinmty Auditorc'oil trollcr(certified copy) JOHN CULLEN, Clerk of the Board of Supervisors County C'ounscl Counny I reasurcri[LIX Collector and County Administrator Public Works: Flood Control Division i C ue Scillaren,hluinecring Ser�'ices.I'mironmcntal �}, Q�1$�/l(/ ��/��/ Deputy RESOLUTION NO. 2008/q,30 SUBJECT: Adoption of Stornlwater Utility Assessments for Fiscal Year 2008-2009, for Stornlwater Utility Areas No. 1 tllrou(.)h 18, Countywide. (All Districts) DATE: June 24, 2008 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 reyoularly given and all procedures to be followed have been followed, all in accordance with Sections I 1 and 12.8 of the Act anis in accordance with the provisions of the Board's Resolution of May 20, 2008; and This Board has received copies of resolutions approved by a majority of the members of the city COMMls, town councils, and Board of Supervisors representing the geographic areas of Stornlwater 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 2008-2009. This Board found that the activity, adoption of Stonmwater 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 ,lune 13, 1995. A Notice of Ext;niptioil was Iiled oil ,slide 14, 1995. This Board FINDS that the proposed assessment rate for each Stornlwater• Utility Area does not exceed the maxinuull annual assessment rate established for the area; and This" Board, in accordance with Or(1lnallee No. 93-47, ADOPTS by this resolution annual assessments.for Fiscal Year 2008-2009 within Stornlwater Utility Area No. 1 through No. 18 based oil the tollowlng 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 535.00 SUA No. 4—Danville 530.00 SUA No. 5 — E1 Cerrito S38.00 SUA No. 6 --- Hercules S35.00 SUA No. 7 — Latiiyette $35.00 SUA No. 8 -- Martinez $30.00 SUA No. 9 --- Moraga 535.00 SUA No. 10— Orinda SUA No. 1 1 Pinole $35.00 SUA No..12 — Pittsburg $30.00 SUA No. 13 Pleasant Hill 530.00 SUA No. 14 - San Pablo $43.00 SUA No. 15 - Sall Radion $35.00 SUA No. 16 — Walnut Creel: $35.00 SUA No. 17 — Unincorporated County 530.00 SUA No. 18 —Oakley 530.00 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 2008-2009; 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. _ "Ledger Legals, To: "June McHuen"<JMcHu@cob.cccounty.us> LDLegals" cc: <Idlegals@bayareanew Subject: RE: Legal Publication-Stormwater Utility Assessment Ref 2163 sgroup.com> 05/23/2008 10:46 AM Receipt confirmed. Will publish as requested. �� ✓ 41z Thank you.. -----Original Message----- From: June McHuen [mailto:JMcHu@cob.cccounty.us] Sent: Friday, May 23, 2008 9:34 AM To: CCT Legals; WCT Legals; Ledger Legals, LDLegals Subject: Legal Publication- Stormwater Utility Assessment Ref 2163 Please publish the attached notice of hearing for Stormwater Utility Assessment hearing on: June 2, 2008 and June 9, 2008 (See attached file: NOTICE for 6-24-08 SUA assessment.doc) June McHuen, Deputy Clerk Clerk of the Board of Supervisors Contra Costa County 925.335.1905 _ "WCT Legals" To: "June McHuen"<JMcHu@cob.cccounty.us> <wctlegals@bayareane cc: wsgroup.com> Subject: CCC Clerk of the Board-Stormwater Utility Assessment Ref 2163 05/23/200811:02 AM Legal2806797 P.O. Stormwater Util. Assess Publish: June 2, 9, 2008 Cost$157.30 Toni Carranza, Legal Coordinator West County Times Ph. 510-262-2740 Fax 510-243-3500 Email: wctlegalsCa.bayareanewsgroug.com - ********Reminder To All Legal Advertisers************ Early Deadlines Will Be In Effect Beginning Mon., May 19th through Tuesday, May 27 if you have not received a copy of the Memorial Day Deadlines please email a request. Email confirmations are usually sent within the same day as your notice was received however if you have not received a confirmation within 24 hours of emailing your request please call 510-262-2740 Monday thru Friday to confirm receipt to avoid any missed publications. From: June McHuen [mailto:JMcHu@cob.cccounty.us] Sent: Fri 5/23/2008 9:33 AM To: CCT Legals; WCT Legals; Ledger Legals, LDLegals Subject: Legal Publication- Stormwater Utility Assessment Ref 2163 Please publish the attached notice of hearing for Stormwater Utility Assessment hearing on: June 2,2008 and June 9,2008 (See attached file:NOTICE for 6-24-08 SUA assessment.doc) June McHuen, Deputy Clerk Clerk of the Board of Supervisors Contra Costa County 925.335.1905 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN TIIE MATTER OF Notification of Hearing for: Adoption of Stormwater Utility Assessment for Fiscal Year 2008- 2009 for Stormwater Utility Areas No. 1 through 18, Countywide. Notice of hearing for.Tuesday, June 24, 2008 at 9:30 a.m., was mailed this day, Friday, May 23, 2008. I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited mail with United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice, on the above entitled.matter to the following: PLEASE.SEE ATTACHED LIST I declare under penalty of perjury that the foregoing is true and correct, at Martinez, California. Dated: May 23, 2008 Ju cl-uen, Deputy Clerk Exhibit A Phil Hoffmeister Laura Hoffmeister Jeff Roubal City of Antioch City of Clayton City of Concord P. O. Box 5007 6000 Heritage Trail 1455 Gasoline-Alley Antioch, CA 94531-5007 Clayton, CA 94517 Concord, CA 9.4519 Christine McCann Bruce-King Erwin Blancaflor Town of Danville City of El Cerrito City of Hercules 510 La Gonda Way 10890 San Pablo Ave. 111 Civic Drive Danville, CA 94526 El Cerrito, CA 94530 Hercules, CA 94547 Donna Feehan Alex Stroup Jill Mercurio City of Lafayette City of Martinez Town of Moraga 3001 Camino Diablo 525 Henrietta St. 2100 Donald Dr. Lafayette, CA 94549 . Martinez, CA 94553 Moraga, CA 94556 Rich Lierly Jason Vogan Cathleen Terentieff Contra Costa County City of Oakley City of Orinda 255 Glacier Drive 3639 Main St. PO Box 2000 Martinez, CA 94553 Oakley, CA 94561 22 Orinda Way Orinda, CA 94563 Nancy Voisey Jason Burke . Roderick Wui City of Pinole City of Pittsburg City of Pleasant Hill 2131 Pear Street 65 Civic Ave. 100 Gregory Lane Pinole, CA 94564 Pittsburg, CA 94565 Pleasant Hill, CA 94523 Karineh Samkian Steven Spedowfski Rinta Perkins City of San Pablo City of San Ramon City of Walnut Creek One Alvarado Square P. O. Box 5148 P. O. Box 8039 San Pablo, CA 94806 San Ramon, CA 94583 Walnut Creek, CA 94596 G:\FldCtl\SWUF\Annual Fee Adopt\FY 08-09\5-20-08 Exhibit A mailing list.doc NOTICE OF HEARING NOTIFICATION OF HEARING TO CONSIDER THE :ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR- 2008-2009 '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, 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 ordinance for Stormwater Utility Assessments; and The Board, On June 22, 1993, established Stonnwater Utility area 1 (Antioch), 2 (Clayton), 3 (Concord), 4 (Danville), 5 (El Cerrito), 6 (Hercules), 7 (Lafayette), 8 (Martinez), 9 (Moraga), 10 (Orinda), l l (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 This Board also has before it the Chief Engineer'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 public hearing to adopt FY 2008- 2009 Stormwater Utility Assessments, and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that Stonnwater Utility Assessments for Fiscal.Year 2008-2009 be adopted for Stonnwater Utility Areas 1 through 18; and At 9:30 a.m. on June 24, 2008, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the adoption of Fiscal Year 2008-2009 Stonnwater Utility Assessments. At the hearing, this Board will hear and pass upon any and all written and oral objections to the adoption of the proposed Fiscal Year 2008-2009 Stormwater Utility Assessments. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The exterior boundaries of the Stonnwater Utility Areas include lands within the cities indicated above. Date: May 22, 2008 John Cullen, Clerk of the Board of Supervisors and County Adm' istrator; B J. cHuen, Deputy Clerk Exhibit A Phil Hoffineister Laura Hoffmeister Jeff Roubal City of Antioch City of Clayton City of Concord P. O. Box 5007 6000 Heritage Trail 1455 Gasoline Alley Antioch, CA 94531-5007 Clayton, CA 94517 Concord, CA 94519 Christine McCann Bruce King Erwin Blancaflor Town of Danville City of EI Cerrito City of Hercules 51.0 La Gonda Way 10890 San Pablo Ave. 111 Civic Drive Danville, CA 94526 EI Cerrito, CA 94530 Hercules, CA 94547 Donna Feehan Alex Stroup Jill Mercurio City of Lafayette City of Martinez Town of Moraga 3001 Camino Diablo 525 Henrietta St. 2100 Donald Dr. Lafayette, CA 94549 Martinez, CA 94553 Moraga, CA 94556 Rich Lierly Jason Vogan Cathleen Terentieff Contra Costa County City of Oakley City of Orinda 255 Glacier Drive 3639 Main St. PO Box 2000 Martinez, CA 94553 Oakley, CA 94561 22 Orinda Way Orinda, CA 94563 Nancy Voisey Jason Burke Roderick Wui City of Pinole City of Pittsburg City of Pleasant Hill 2131 Pear Street 65 Civic Ave. 100 Gregory Lane Pinole, CA 94564 Pittsburg, CA 94565 Pleasant Hill, CA 94523 Karineh Samkian Steven Spedowfski Rinta Perkins City of San Pablo City of San Ramon City of Walnut Creek One Alvarado Square P. O. Box 5148 P. O. Box 8039 San Pablo; CA 94806 San Ramon, CA 94583 Walnut Creek, CA 94596 G:\FldCtl\SWUF\Annual Fee Adopt\FY 08-09\5-20-08 Exhibit A mailing list.doc _ "CCT Legals" To: "June McHuen"<JMcHu@cob.cccounty.us> <cctlegals@bayareane cc: wsgroup.com> Subject: RE: Legal Publication-Stormwater Utility Assessment Ref 2163 05/23/2008 10:15 AM Ad#2806586 Gross$537.60 Legal Advertising Contra Costa Times-Concord Transcript- Lamorinda SUN . Bay Area News Group- East Bay Ph: 925-943-8019 Fx: 925-952-5019 From: june McHuen [mailto:JMcHu@cob.cccounty.us] Sent: Fri 5/23/08 9:33 AM To: CCT Legals; WCT Legals; Ledger Legals, LDLegals Subject: Legal Publication- Stormwater Utility Assessment Ref 2163 Please publish the attached notice of hearing for Stormwater Utility Assessment hearing on: . June 2,2008 and June 9,2008 (See attached file:NOTICE for 6-24-08 SUA assessment.doc) June McHuen, Deputy Clerk Clerk of the Board of Supervisors Contra Costa County 925.335.1905 June McHuen To: cctlegals@cctimes.com,wctlegals@bayareanewsgroup.com, 05/23/2008 09:33 AM cc: Idlegals@cctimes.com Subject: Legal Publication-Stormwater Utility Assessment Ref 2163 Please publish the attached notice of hearing for Stormwater Utility Assessment hearing on: June 2, 2008 and June 9, 2008 NOTICE for 6-24-08 SUA assessment.doc June McHuen, Deputy Clerk Clerk of the Board of Supervisors Contra Costa County 925.335.1905