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To: Contra Costa County Flood Control District Board of Supervisors
From: Brian M. Balbas, Public Works Director/Chief Engineer
Date: June  23, 2020
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Hearing to Adopt Resolution Approving the Stormwater Utility Assessments for Fiscal Year 2020–2021, Countywide. Project No. 4500-6X7041, CP# 95-37

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   06/23/2020
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Michelle Cordis, (925) 313-2381
cc: Bob Campbell, County Auditor–Controller     Dorothy Lim, County Auditor-Controller’s Office     Allison Knapp, Deputy Chief Engineer     Ave Brown, Environmental Services     Tim Jensen, Flood Control     Courtney Riddle, Contra Costa Clean Water Program     Karin Graves, Contra Costa County Clean Water Program     Michelle Cordis, Flood Control     Andrea Bullock, Contra Costa Clean Water Program     Patrick Melgar, Flood Control     Catherine Windham, Flood Control    
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:     June  23, 2020
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

1. OPEN the public hearing on Resolution 2020/166; RECEIVE public comments, and CLOSE public hearing.  
  

2. FIND that adoption of Resolution 2020/166 is not disputed and collection of assessments is necessary for the cities and unincorporated Contra Costa County (County) for the National Pollutant Discharge Elimination System (NPDES) program and drainage maintenance activities.  

  




RECOMMENDATION(S): (CONT'D)
3. ADOPT Resolution 2020/166 approving the Stormwater Utility Assessments for Fiscal Year 2020–2021 for Stormwater Utility Areas No. 1 through 18, as recommended by the Chief Engineer, Flood Control and Water Conservation District.

FISCAL IMPACT:

The proposed assessments for Stormwater Utility Areas 1 through 18 will provide approximately $15,844,139 in funding for the cities and the County for the NPDES program and drainage maintenance activities. (100% Stormwater Utility Area Assessments)

BACKGROUND:

The Contra Costa Clean Water Program consists of the County, its incorporated cities, and the Contra Costa County Flood Control and Water Conservation District (FC 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 NPDES Permit, effective January 1, 2016, is in its fifth year of the five-year Municipal San Francisco Bay Region Municipal Regional Stormwater NPDES Permit (MRP 2.0) from the San Francisco Regional Water Quality Control Board. Public education on pollution prevention, trash assessments, 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 fifth year of the Joint Municipal Stormwater NPDES Permit MRP 2.0 issued by the San Francisco Regional Water Quality Control Board. The Joint Municipal Stormwater NPDES Permit issued by the Central Valley Regional Water Quality Control Board for the cities of Antioch, Brentwood, Oakley, and unincorporated East County began in September 2010. 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, the County proposed legislation providing a financial option for municipalities to use through the FC 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 governing board of the FC 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 FC 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 FC District does not collect this assessment for the cities of Richmond and Brentwood. Richmond and Brentwood collect their NPDES levy as a sewer fee.

CONSEQUENCE OF NEGATIVE ACTION:

If the proposed assessments for Fiscal Year 2020–2021 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.

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