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D. 3

To:	Contra Costa County Flood Control District Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	June 8, 2021

Contra

Costa

County

Subject:

Hearing to Adopt Resolution Approving the Stormwater Utility Assessments for Fiscal Year 2021–2022, Countywide. Project No. 4500-6X7041, CP# 95-37

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 06/08/2021

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:

Laura Strobel, County Administrator's Office Bob Campbell, County Auditor–Controller Mary Ann McNett Mason, County Counsel 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 Clean Water Program Michelle Cordis, Flood Control Andrea Bullock, Contra Costa Clean Water Program Bradley Olazo, Flood Control Melinda Harris, County Watershed Program 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 8, 2021
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

1. OPEN the public hearing on Resolution No. 2021/179; RECEIVE public comments, and CLOSE public hearing.


2. FIND that adoption of Resolution No. 2021/179 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 No. 2021/179 approving the Stormwater Utility Assessments for Fiscal Year 2021–2022 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 $15,914,283 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 effective January 1, 2016. This permit is federally mandated through the Clean Water Act, which was amended in 1987 to specifically address stormwater pollution. 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 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 2021–2022 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.