The cost to form this zone is approximately $5,000, which will be funded by the District.
The Contra Costa County Flood Control and Water Conservation District Act (West’s Ann. Cal. Water Code App., 63) (the “Act”) authorizes the Board, as governing board of the District, to establish zones of the District.
District staff is proposing the establishment of Flood Control Zone 100. Flood Control Zone 100 would consist of the entire area of Contra Costa County, encompassing the unincorporated areas and the 19 cities and towns located in the county. A map and description of the proposed zone are attached as Exhibit A to Resolution No. 2011/490.
Staff is proposing the establishment of Flood Control Zone 100 in conjunction with a separate proposal to establish a new Countywide parcel fee to fund activities required to comply with National Pollutant Discharge Elimination System permits held jointly by the District, County and the above-referenced 19 cities and towns. The parcel fee measure contains assurances that fee revenues will be spent on projects in the communities from which the revenues were collected. However, under the Act, the proposed fee may be used only for the acquisition, construction, engineering reconstruction, maintenance and operation of the flood control, storm drainage, water or sewerage facilities of a zone. Some areas of the County, including El Cerrito, Orinda, Moraga, Pittsburg and Clayton are not currently located in any zones. Without the formation of the new zone, there may be an impediment to spending fee revenues in those communities.
As a later step in the related process to enact a Countywide parcel fee, the District will enter into a cost sharing agreement that will dictate the terms of sharing this revenue with the County, and the 19 cities and towns. The percentage of funds to be shared with the County and the Cities has not yet been negotiated. Any cost sharing agreement will be brought back to the Board as a separate item for approval.
The establishment of a new zone begins with a resolution of intention to create the zone, which staff is recommending the Board approve today. This is followed by a period of public notice of a hearing and then the hearing, at which hearing the Board must consider all written and oral objections to the proposed zone. Upon the conclusion of the hearing, the Board may either abandon the proposal or proceed with the formation of the zone, unless there (1) a written protest is filed by a majority of property owners (measured by assessed property valuation), in which case proceedings must either be abandoned or suspended for at least six months; or (2) a written petition for an election is filed by 25 percent of the registered voters within the proposed zone, in which case a special election must be called.
If Resolution No. 2011/490 is not approved, Flood Control Zone 100 will not be created.