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C.6

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	March 3, 2009

Contra

Costa

County

Subject:

Adopt Resolution Requesting Flood Control District to Adopt Annual Parcel Assessment for the County's Watershed Program

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/03/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Greg Connaughton (925) 313-2271

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: March 3, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Resolution No. 2009/71 establishing a rate of $30 per Equivalent Runoff Unit (ERU) for Stormwater Utility Area 17 (Unincorporated County) for Fiscal Year 2009/2010 and requesting the Flood Control and Water Conservation District to adopt annual parcel assessments for drainage maintenance and the National Pollutant Discharge Elimination System Program, Countywide.

FISCAL IMPACT:

No impact to the General Fund. The 2009-2010 rate per ERU is the same as that set for fiscal year 2008-2009. Therefore, there will be no change in rate for Unincorporated County property owners. The unincorporated area of Contra Costa County will produce approximately $2,700,000, which will be used to implement the Unincorporated County’s Watershed Program.

BACKGROUND:

The Clean Water Program consists of the County, Contra Costa cities and the Flood Control and Water Conservation District working together to prevent, reduce or eliminate the discharge of pollutants into the storm drain system, including creeks and other natural waterways. The Clean Water Program was established in response to changes in the Federal Clean Water Act. The Program known at the federal level as the National Pollutant Discharge Elimination System (NPDES) Program for Municipal Stormwater Owners is in its tenth year. In order to be in compliance with the current NPDES permit, Clean Water Program participants implement a Stormwater Management Plan stipulating a set of activities and a performance or service level. The Stormwater Management Plan is a major component of the Joint Municipal NPDES Stormwater Permit with the California Regional Water Quality Control Boards and is paid for with stormwater utility fee assessments. Adoption of the attached resolution will begin the annual process of assessment adoption.

The Board of Supervisors is being asked to set a rate of $30 for one ERU in the Unincorporated County areas and to request that the District adopt the stormwater utility assessment. (The District is the only entity under state law with legal authority to assess this particular assessment.)

The Public Works Department coordinates the County Watershed Program for the County. Examples of how the assessment is being spent in the current year include:

General drainage maintenance to remove debris and sediment from County storm drain systems, flood control channels and creeks;

Targeted street sweeping throughout the County;

Work with County Building Inspection and Public Works inspectors and construction companies/contractors to reduce construction contaminants, such as paint, cement, oil/fuels and soil erosion from entering storm drains and creeks;

Encourage Planners and the development community to use new designs that will reduce contaminated stormwater runoff;

Educate the public on the benefits of reducing pesticides and other toxic household product use and their proper disposal;

Educate County Engineers and Maintenance staff on flood control design, construction and maintenance practices that protect water quality and preserve natural watershed habitats;

Inspection of industrial and commercial businesses for evidence that spill prevention, equipment maintenance and cleaning, waste handling and disposal, and other business practices are done in a manner which minimizes stormwater contamination;

Educate marina operators and their marina users through a marina program, and;

Create an annual Watershed Calendar that is disseminated to all single family households in the County to educate residents of pollution prevention measures they can take to protect stormwater run-off and improve the water quality of our receiving waters.

CONSEQUENCE OF NEGATIVE ACTION:

If the rate per ERU is not set for the coming fiscal year, funds will not be available for the County’s Watershed Program to comply with the Joint Municipal NPDES Stormwater Permit. The Regional Water Quality Control Boards have the authority to issue fines of up to $10,000 per day against those municipalities that do not comply with the Permit and fail to implement their Stormwater Management Plans.