Document elcerrito_gov_doc_5cf1a8e66d

AGENDA BILL Agenda Item No. 5(D) Date: March 17, 2015 To: El Cerrito City Council From: Stephen Prée, Environmental Programs Manager / City Arborist Maria Sanders, Interim Division Manager, Operations + Environmental Services Yvetteh Ortiz, Public Works Director / City Engineer Subject Annual Parcel Assessment for the National Pollutant Discharge Elimination System (NPDES) Program and Drainage Maintenance ACTION REQUESTED Adopt a resolution establishing the annual parcel assessment for the National Pollutant Discharge Elimination System (NPDES) and Drainage Maintenance Program at the current rate of $38.00 per Equivalent Runoff Unit (ERU), and authorizing the Contra Costa County Flood Control & Water Conservation District to adopt Stormwater Utility Area levies based on said amount. BACKGROUND Under the 1987 amendments to the Federal Water Pollution Control Act (Clean Water Act), all jurisdictions in the United States are responsible for ensuring compliance with the National Pollutant Discharge Elimination System (NPDES) program. The San Francisco Regional Water Quality Control Board through a Municipal Regional Stormwater NPDES Permit (MRP) administers this NPDES program in the Bay Area. In Contra Costa County, the Contra Costa Clean Water Program (CWP) coordinates compliance and collaborates on programmatic components of the MRP. The CWP is comprised of the Contra Costa County, its 19 incorporated cities and towns, and the County Flood Control and Water Conservation District. Working with the member jurisdictions, the CWP provides services designed to protect water quality by keeping trash and other pollutants from entering drainage systems that ultimately make their way into local creeks, reservoirs, lakes, and the Bay. Municipal Regional Permit The cities and municipalities that make up the CWP are currently permitted under a MRP that was adopted by the on October 14, 2009 (the MRP also includes Alameda, Santa Clara, and San Mateo counties). One of the goals of the MRP, as stated by the was to consolidate all Bay Area municipal permits into one consistent permit that is regional in scope. This includes more definitive NPDES Permit language and requirements such as: mandating specific stormwater management actions and levels of implementation, requiring certain reporting and effectiveness evaluation ---PAGE BREAK--- Agenda Item No. 5(D) Page 2 processes; implementing and enhancing actions to control 303(d) listed pollutants, pollutants of concern (POCs), Total Maximum Daily Load (TMDL) limits; and requiring more complete and comprehensive stormwater monitoring. The MRP also places significant regulatory and reporting emphasis in the areas of New Development/Redevelopment project infrastructure, as well as Trash Load reduction and monitoring. Each of the various requirements is stepped-up annually during the term of the Permit. A draft of the new, more rigorous MRP has recently been released for comment. It is anticipated to be effective January 1, 2016. In 2012, to keep up with the increased compliance costs, the CWP attempted to raise new funds through a property-owner mail-in ballot election. Although the countywide initiative failed, support in El Cerrito was 54 percent. Just recently, in February 2015, Assembly Bill No. 1362, introduced by Assembly Member Rich Gordan, would define “stormwater” for purposes of the Proposition 218 Omnibus Implementation Act (hereafter the “Act”) and could lead to a process to fund stormwater services. City staff will bring this item to City Council for consideration later this year. DISCUSSION The CWP is funded through the countywide Stormwater Utility Area (SUA) assessment, which is levied in each of the participating CWP agencies. The assessment funds individual member activities, as well as countywide efforts. Specific assessments are calculated through determining Equivalent Runoff Units (ERUs). An ERU is a value that reflects the amount of impervious (paved) surface of a given parcel. Impervious surfaces result in stormwater runoff to the storm drain system, which potentially carry pollutants to the Bay and into the ground water. Parcels that contain large areas of paved surfaces are assigned a greater number of ERUs. Residential lots in El Cerrito between 5,000 to 20,000 square feet are assigned one ERU. Industrial or commercial parcels with paved parking or other impervious surfaces are assigned two or more ERUs depending on their size. In 1993, when the County SUA was established, El Cerrito’s assessment was $14 per ERU. The City’s current rate of $38.00 per ERU was approved by Council in Fiscal Year (FY) 2004-2005, an increase from the previous rate of $30.00 (in FY 2003-2004). Per the County Ordinance adopting the SUA (93-47, attached), $38 is the maximum rate that can be assessed in El Cerrito. The current $38.00 El Cerrito rate generates approximately $398,000 for clean water compliance annually. The total amount generated countywide for the Clean Water Program in FY 2014-2015 was more than $14 million. About 80 percent of these revenues are transferred to the local jurisdiction from which they originated. Remaining revenues fund the CWP, which assists local jurisdictions to comply with the NPDES permit by providing guidance and staff training and by implementing some public outreach and water-quality monitoring that can be done more cost-effectively at the countywide level. The CWP also pays dues, on behalf of the local jurisdictions, to the Bay Area Stormwater Management Agencies Association, to the San Francisco Bay ---PAGE BREAK--- Agenda Item No. 5(D) Page 3 Regional Monitoring Program for Trace Substances, and to the California Stormwater Quality Association. These groups provide monitoring and research activities that are mandated under the NPDES permit, and provide representation, guidance and staff training at the regional and state levels. Each year the per parcel rate for the SUA must be re-established by the County Board of Supervisors, which acts as the governing body for the Flood Control and Water Conservation District and, thus, the Clean Water Program. Each local jurisdiction must first adopt a resolution designating the appropriate assessment for its jurisdiction and then forward that instructing resolution to the Clean Water Program. The resolution must be adopted by the City no later than April 15 in order for the County to have sufficient time to place the assessment on the property tax roles for FY 2015-2016. El Cerrito’s Clean Water Program El Cerrito’s Clean Water Program includes meeting multiple NPDES Permit provisions through activities that can be grouped into five general areas. Below is a brief description of each program area. Specific annual accomplishments are detailed in an Annual Report prepared each summer for submittal to the The activities are coordinated and carried out primarily by the Public Works Department, with assistance from the Building Division, Code Enforcement, and the Fire Department as needed. 1) New Development and Construction Control Activities prevent pollutants from entering storm drains during new development, construction activities, and for the life of each project. Measures to achieve this include integrating and inspecting temporary and permanent stormwater pollution prevention measures during construction of public and private projects. Permanent stormwater pollution prevention measures, such as bioswales, are commonly referred to as “C.3” provisions. 2) Public Education and Industrial Outreach Activities (PEIO) educate residents, businesses, and school-age children about the causes and effects of stormwater pollution, the difference between the sanitary sewer and the storm drain system, and the effect on our local watersheds. The City aims to encourage these audiences to participate in ongoing creek protection and restoration efforts and to adopt less- polluting practices. 3) Municipal Maintenance Performance Activities include optimizing pollutant removal during routine maintenance activities such as street sweeping and storm drain facility maintenance, and using Best Management Practices to prevent or minimize discharges to storm drains and watercourses from the maintenance of roads, parks, and other publicly owned facilities. 4) Industrial and Commercial Inspection Activities aim to reduce or eliminate discharges to the storm drain system from industrial and commercial facilities. On November 19, 2013, the City Council adopted Resolution No. 2013-61 which designated the West County Wastewater District to perform the City’s commercial and industrial inspections, via a contract coordinated by the Clean Water Program. ---PAGE BREAK--- Agenda Item No. 5(D) Page 4 This program inspects 40 El Cerrito businesses annually for compliance with best management practices for stormwater pollution prevention. 5) Illicit Discharge Control Activities prevents pollution from entering storm drains and creeks. Public Works maintenance staff conducts regular inspections of all open creek segments, trash racks, and headwalls on public property as part of routine procedure. STRATEGIC PLAN CONSIDERATIONS Maintaining existing funding for the City’s Clean Water Program activities fulfills Strategic Plan Goal E to “Ensure the public health and safety.” These activities are mandated by both Federal and State regulations. Non-compliance with the Municipal Regional NPDES Permit exposes jurisdictions to penalties, fines, and other enforcement actions. In addition, maintaining funding for these activities fulfills Goal F to “Foster environmental sustainability citywide,” as discussed below. ENVIRONMENTAL CONSIDERATIONS Implementation of the Clean Water Program protects the health and sustainability of the City’s waterways and ecology. Continued funding of the ERU rate at the maximum allowable level will help to fund current NPDES activities, including managing the City’s clean water program, municipal maintenance activities, as well as CWP activities such as water quality monitoring and illicit discharge detection and elimination. FINANCIAL CONSIDERATIONS Staff is proposing adoption of the maximum rate of $38.00 per ERU for FY 2015-2016, which would generate approximately $398,000, of which approximately 80 percent will be returned to the City. Following adoption by the City Council, the Contra Costa County Board of Supervisors will adopt the annual property assessments for the FY 2015-2016 tax rolls. Existing expenses in the NPDES Fund (202) exceed revenues. In FY 2014-2015, the Storm Drain Fund (205) has made a one-time loan of $57,000 to the NPDES Fund for eligible expenses related to storm drain maintenance. The NPDES Fund is anticipated to pay back the full amount in the following two fiscal years. Additional funding sources will need to be identified starting in FY2015-2016 in order to meet regulatory requirements for Clean Water Program activities. LEGAL CONSIDERATIONS The proposed actions are consistent with established processes for City adoption of the annual ERU rate; no legal concerns have been identified. ---PAGE BREAK--- Scott Hanin City Manager Attachments: 1) Resolution establishing the City's ERU rate for FY 2015-16 Agenda Item No. 5(0) 2) Contra Costa County ChiefEngineers Report on Formation ofStormwater Utility Areas and Adoption of Annual Assessments, June 22 1993 Page 5 ---PAGE BREAK--- Agenda Item No. 5(D) RESOLUTION 2015–XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ESTABLISHING THE RATE AND ADOPTING AN ANNUAL PARCEL ASSESSMENT FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM AND DRAINAGE MAINTENANCE WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California Regional Water Quality Board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of El Cerrito did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwater; and WHEREAS, it is the intent of the City of El Cerrito to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City of El Cerrito, the Contra Costa County Flood Control & Water Conservation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment Agreement between the City of El Cerrito and the DISTRICT requires that the City of El Cerrito annually, by April 15th, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito does determine that the rate to be assigned to a single ERU for fiscal year 2015-2016 shall be set at $38.00. BE IT FURTHER RESOLVED that the City Council of the City of El Cerrito does hereby request the DISTRICT to adopt SUA levies based on said amount. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on March 17, 2015 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ---PAGE BREAK--- Agenda Item No. 5(D) IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on 2015. Cheryl Morse, City Clerk APPROVED: Mark Friedman, Mayor ---PAGE BREAK--- TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: June 22, 1993 SUBJECT: CHIEF ENGINEER'S REPORT ON FORMATION OF STORMWATER UTILITY AREAS AND ADOPTION OF ANNUAL ASSESSMENTS SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ACCEPT Chief Engineer's report on the tabulation of the protests against the proposed Stormwater Utility Assessments; 2. FIND that the number of protests received for each Stormwater Utility Area represent less than fifty (50) percent of the area; 3. DETERMINE the formation of the Stormwater Utility Areas is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061 Article 5, CEQA Guidelines. DIRECT the Community Development Director to file a notice of Exemption. 4. APPROVE the resolutions establishing the seventeen (17) Stormwater Utility Areas; and 5. ADOPT the Ordinance establishing Stormwater Utility Assessments in the seventeen (17) Stormwater Utility Areas with the stipulation that the Equivalent Runoff Unit (ERU) rate for the unincorporated County area shall be $16.20 for Fiscal Year 1993-94 (a ten percent reduction from the proposed rate of $18/ERU.) Continued on Attachment:_X_ SIGNATURE'~ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITIEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JUN 2 2 1993 APPROVED AS RECOMMENDED -Jl- OTHER _ VOTE OF SUPERVISORS -L UNANIMOUS (ABSENT AYES: NOES: _ ABSENT: ABSTAIN: _ MFK:Iv:fp:sJ c;NPDES\22,\6 Olig, Div: Contact: cc: Public Works (FC) MiHon Kubicek. 313-2203 County Administrator County Auditor County Counsel PW • Flood Control I hereby certify that this I, • true and correct copy,. an action laken and entered on the minutes 01 the Board 01 Supem on the date Ihown. AmSTED: 2 2 1993 PHil BATCHELOR. Clerk 01 the Board of Supervlsore and 2=ttator By f3af,~ ~ ,Otputy Agenda Item No. 5(D) Attachment 2 ---PAGE BREAK--- Formation of Stormwater Utility Areas and Adoption of Annual Assessments June 22, 1993 Page II. Financial Impact: The proposed Stormwater Utility Assessments will raise approximately $8,052,900 to fund the National Pollutant Discharge Elimination System (NPDES) permit activities including drainage system maintenance for the following cities and unincorporated Contra Costa County areas: Antioch Clayton Concord Danville EI Cerrito Hercules Lafayette Martinez Moraga Orinda Pinole Pittsburg III. Reasons for Recommendations and Background: Pleasant Hill San Pablo San Ramon Walnut Creek Contra Costa County, its incorporated cities and the Contra Costa County Flood Control and Water Conservation District decided approximately two years ago to collectively apply for a Joint Municipal National Pollutant Discharge Elimination System (NPDES) Permit. This is federally mandated through the Clean Water Act which was amended in 1987 to specifically address stormwater pollution. There are three parts to the Permit. The Part I Application representing reconnaissance level activities by each municipality was submitted to the San Francisco Bay and Central Valley Regional Water Quality Control Boards on May 18, 1992. The Part II Application represented the development of each municipality's Stormwater Management Plan which was submitted to the Regional Boards on May 17, 1993. The Stormwater Management Plan seeks to reduce or radically eliminate pollutants from entering or reaching the storm sewer system. The third phase of the process is the actual promulgation of the Permit. The Permit is for five years (1993 to 1998) requiring each municipality to implement their approved Stormwater Management Plan. The Regional Boards have indicated the need for a "restricted" funding source to finance implementation costs. Therefore, Contra Costa County proposed legislation providing a financing option for municipalities to use through the Contra Costa County Flood Control and Water Conservation District. The bill, AB 2768 (Campbell), was passed by the legislature and signed by Governor Pete Wilson on August 30, 1992. The legislation specifically allows a municipality to request formation of a Stormwater Utility Area within their incorporated boundaries and establish an assessment to pay for implementation costs. The Board of Supervisors, acting as the Contra Costa County Flood Control and Water Conservation District, provided public notice to all affected property owners before conSidering the establishment of the Stormwater Utility Areas and assessments. The Board of Supervisors acting on behalf of Contra Costa County has also taken specific actions establishing the Stormwater Utility Area and assessment for the unincorporated portion of the County. Should there be a fifty percent (50%) protest against the Storm water Utility Areas formations and assessments, the Board of Supervisors would have to abandon this form of financing. Due to the inability to create any new assessments for the 1993-94 Fiscal Year, the likely alternative funding source would be the General Fund. Public n9tices were sent to approximately 238,234 parcel owners. State legislation (SB 1977 - Bergeson) requires at least 45 day notice to parcel owners before the governing board considers any new or increased assessments. This requirement was met and informed parcel owners of two public hearings which were held on June 10 and 15, 1993. Approximately 28,170 recorded protests have been received. This represents approximately 11.8% of the total number of parcel owners who received public notices. The recorded protest includes those legally acceptable and those that appear acceptable but presently are questionable. The reason this figure is used is to provide a ''worse case" scenario to the Board of Supervisors regarding the amount of protests per stormwater utility area. A copy of all written protests ar& in tile office of the Contra Costa County Clerk of the Board located at 651 Pine Street, Martinez, California. A majority protest by the owners of more than 50% in area of the territories to be included in the stormwater utility area would cause the assessment to be abandoned for that particular area. This has not occurred. The following two charts highlight the total "assessable" and "total" area per stormwater utility area: ---PAGE BREAK--- Formation of Stormwater Utility Areas and Adoption of Annual Assessments June 22, 1993 P::lge Tax Rate Area Area Protested 01 City of Antioch 806 02 City of Concord 1,278 03 City of EI Cerrito 150 04 City of Hercules 165 05 City of Martinez 703 06 City of Pinole 191 07 City of Pittsburg 775 09 City of Walnut Creek 785 11 City of San Pablo 194 12 City of Pleasant Hill 419 13 City of Clayton 138 14 City of Lafayette 587 15 Town of Moraga 599 16 Town of Danville 501 17 City of San Ramon 577 18 City of Orinda 361 50 Unincorporated County 5,358 Tax Rate Area Area Protested 01 City of Antioch 806 02 City of Concord 1,278 03 City of El Cerrito 150 04 City of Hercules 165 05 City of Martinez 703 06 City of Pinole 191 07 City of Pittsburg 775 09 City of Walnut Creek 785 11 City of San Pablo 194 12 City of Pleasant Hill 419 13 City of Clayton 138 14 City of Lafayette 587 15 Town of Moraga 599 16 Town of Danville 501 17 City of San Ramon 577 18 City of Orinda 361 50 Unincorporated County 5,358 Total Assessable Percentage' Area 5,542 14.5 8,235 15.5 1,801 8.3 1,380 12.0 3,392 20.7 1,570 12.2 3,964 19.5 5,979 13.1 1,408 13.8 2,830 14.8 1,307 10.5 4,833 12.1 2,386 25.1 4,548 11.0 3,677 15.7 3,440 10.5 31,050 17.2 Total Area Percentage' 18,000 4.4 14,954 8.5 2,706 5.5 4,115 4.0 7,196 9.7 3,105 6.1 10,221 7.5 14,511 5.4 1,711 11.3 3,708 11.3 3,185 4.3 9,583 6.1 9,579 6.2 11,037 4.5 9,351 6.1 10,521 3.4 417,315 1.2 ---PAGE BREAK--- Formation of Stormwater Utility Areas and Adoption of Annual Assessments June 22, 1993 Page The "total assessable area" provides the worse case scenario for determining if a majority protest exists. Based on these amounts, a majority protest does not exist for any stormwater utility area. The process used to record protests included a specific database based on the 1992 equalized tax roll indicating parcel ownership, address, notification address, acreage, land use, proposed assessment, etc. Two "hotlines" were established so the general public could have immediate access to information. During the ten weeks b.etween mailing of the public notices and the June 15th public hearing, approximately 500 telephone call were received. Two trained operators were able to handle the majority of the problems. Questions that were encountered were based primarily on the accuracy of the Land Information and the Public Works Automated Mapping Systems. These included problems dealing with parcel ownership, acreage of the parcel and the appropriate land use. Should the Board of Supervisors approve the Stormwater Utility Areas and Assessments than field inspection activities would immediately commence. All known problems will be reviewed and corrections made prior to the promulgation of the assessments for the 1993-94 Fiscal Year. Specific problems pertaining to reclamation districts, the Oakley- Knightsen area and St. Mary's College will be resolved prior to this promulgation. IV. Consequences of Negative Action: The Environmental Protection Agency promulgated the National Pollutant Discharge Elimination Discharge System (NPDES) Permit Application Regulations for stormwater discharges on November 16, 1990 (40 CFR Parts 122, 123 and 124). Contra Costa County and the City of Concord were specifically identified in the Federal Register as needing a Municipal NPDES Permit. The legislation also permitted the State of California to make a finding if stormwater discharge was a significant contributor of pollutants to the waters of the United States" then these municipalities would also need to obtain a Municipal NPDES Permit. Such a finding was made requiring all municipalities within the San Francisco Bay Regional Water Quality Control Board's jurisdiction in Contra Costa County to obtain Municipal NPDES Permits. All affected municipalities excluding the City of Richmond have opted to utilize the financing method contained in Assembly Bill 2768 (Campbell). This means each municipality is specifically requesting the formation of a Stormwater Utility Area within their incorporated boundaries, have established an assessment for Fiscal Year 1993-94 and set a maximum rate of assessment. Should the Board of Supervisors acting as the Contra Costa County Flood Control and Water Conservation District fail to proceed with this assessment, then it would create immediate financial chaos. All participating municipalities are expecting the Board of Supervisors to approve the formation of Stormwater Utility Areas and assessments if a majority protest does not materialize. If the AB 2768 financing mechanism is not implemented, then municipalities would need to resort to general revenue financing. This would further exasperate the financial dilemma all municipalities are facing with cut-backs from the State to local governments. ---PAGE BREAK--- ORDINANCE NO. 93-47 AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT I IMPOSING STORM WATER UTlUTY ASSESSMENTS FOR STORMWATER UTlUTY AREAS: . 1-(Antioch). 2-(Clayton). 3-(Concord). 4-(Danville). 5-(8 Cerrito). 6-(Hercules). 7-(Lafayette). 8-(Martinez). 9-(Moraga), 1O-(Orinda). 11-(Pinole). 12-(Pittsburg). 13-(Pleasant HilQ. 14-(San Pablo), 15-(San Ramon), 16-(Walnut Creek), and 17-(Unincorporated County) The Board of Supervisors of Contra Costa County, acting as the governing board of the COntra Costa County Flood Control and Water Conservation District. ordains as follows: ARTICLE I Section 1. Title. This Ordinance shall be known as the IIStormwater Utility Assessment Ordinancell of the Contra Costa County Flood Control and Water Conservation District. Section 2. Purpose. The United States Environmental Protection Agency (the ClEPA,,) has, consistent with Section 402 of the Federal Clean Water Act, as amended, promulgated the National Pollutant Discharge Elimination System Regulations (the IINPDES Regulations'~ pursuant to which the EPA, through the appropriate California Regional Water Quality Control Board (the "CAWQCB'~. has required the Contra Costa County Flood Control and Water Conservation District (the "Districf? and other affected public entities to secure a National Pollutant Discharge Elimination System Stormwater Permit (the "NPDES Permif? and to develop. implement and manage identified programs dealing with runoff. The parcels c;>f land within the respective watersheds within the District's jurisdiction for which a NPDES Permit is required will benefit from these programs. Further, the local drainage" facilities falling under the NPDES program requires routine maintenance if they are to continue to serve the developed areas for which they were installed. Collectively, these two activities, NPDES and general drainage maintenance, represent the city's and County's stormwater management Programs. The Board of Supervisors of the District has determined, pursuant to the Contra Costa County Flood Control and· Water Conservation Act (the "District Acf~, which is Chapter 63, Section 12.8, as amended, of the California Water Code Appendix, to form certain Stormwater Utility Areas in which the ORDINANCE NO. 93-47 1 ---PAGE BREAK--- District will annually levy assessments to pay the cost of these programs required by the NPDES Permit. The Board of Supervisors of the District, consistent with Sections 11 and 12.8 of the District Act and Section 54954.6 of the Government Code, held noticed public hearings at which time all testimony, oral and written, was considered. At the conclusion of the public hearings, the Board of Supervisors of the District adopted resolutions forming the Stormwater Utility Areas. The provisions of this Ordinance confirming the formation of the Stormwater Utility Areas and providing for the annual levy of a Utility Assessment are consistent with the District Act and the reports prepared by the Chief Engineer of the District and accepted by the Board of Supervisors' of ,the District. The Board of Supervisors of the District finds that the Utility Assessment to be annually levied shall be based on the proportional amount of impervious surface on each lot or Parcel within the Stormwater Utility Area. Revenues derived from the Utility Assessments shall be applied exc!usiv~1y to pay the District's administrative costs in collecting the assessments and the respective city or County stormwater management Program costs for the Stormwater Utility Area in which they are collected. 11 'DEFINmONS Unless otherwise specifically provided or required by the context, certain terms or expressions used herein have the meanings set forth below: a. "Board of Supervisors" means the Board of Supervisors of the Contra Costa County Flood Control and Water Conservation District. b. t4Chief Engineer' means the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District. c. "County" means the County of Contra Costa, State of California. d. means the California Regional Water Quality Control Board for the region in which the Stormwater Utility Area has been formed. e. "District" means the Contra Costa County Flood Control and Water Conservation District. " 1. "District Act:' means the Contra Costa County Flood Control and Water Conservation District Act, which is codified in West's California Water Code Appendix, Chapter 63, as amended from time to time. ORDINANCE NO. 93-47 2 , : ---PAGE BREAK--- g. "EPA" means the United States Environmental Protection Agency, which pursuant to the Clean Water Act of 1972, as amended by the Water Quality Act of 1987, has jurisdiction to establish the National Pollutant Discharge Elimination System (NPOES) and promulgate regulations pursuant thereto. h. "NPOES Permit' means the permit. issued by the dealing with stormwater runoff in association with the National Pollutant Discharge Elimination System (NPDES) and the regulations promulgated by the EPA i. Regulations" means the final regulations dated November 16. 1990, and any subsequent amendments thereto promulgated by the EPA governing the National Pollutant Discharge Elimination System (NPDES). - j. "Ordinance" means this Ordinance No. 93-47 of the Contra Costa County Flood Control and Water Conservation District. k. "Parcel ll means a parcel of property identified by Assessor parcel number as shown on the equalized tax rolls of the County of Contra Costa, State of California. I. "Program" means all the activities required under or in connection with the NPDES Permit. including without .limitation drainage system maintenance and Program administration. m. "Stormwater Utility Area" means a benefit assessment area formed pursuant to Section 12.8 of the District Act by the Board of Supervisors and identified in Article III of this Ordinance. n. "Utility Assessmenf' means the annual assessment to be levied on each Parcel within a Stormwater Utility Area pursuant to Article V of this Ordinance. ARTICLE 11/ FORMATION OF STORMWATER UTIUTY AREAS Section 1. Formation of Stormwater Utility Areas. Pursuant to Sections 11 and 12.8 of the District Act and Section 54954.6 of the Government Code. the Board of Supervisors noticed public hearings to consider the establishment of individual Stormwater Utility Areas for each of the 16 cities and the unincorporated County area to fund Program costs. At the conclusion of the hearings, the Board of Supervisors adopted Resolutions Nos. 93/352. 93/353. 93/354, 93/355. 93/356, 93/357, 93/358.93/359,93/360,93/361,93/362,93/363,93/364,93/365,93/366, 93/367, and 93/368, which formed, respectively, Stormwater UtilITy Areas 1-(Antioch), 2- ORDINANCE NO. 93-47 3 ---PAGE BREAK--- (Clayton), Concord), 4-(Oanville), 5-(EI Cerrito), 6-(Hercules), 7 -(Lafayette), 8-(Martinez), 9-(Moraga), 1 O-(Orinda), 11-(Pinole), 12-(Pittsburg), 13-(Pleasant Hill), 14-(San Pablo), 15- (San Ramon), 16-(Walnut Creek), and 17-(Unincorporated County). The legal boundary of each Stormwater' Utility Area shall be congruent with the legal boundary of the associated city or County entity as of July 1 st of each year in which a Utility Assessment is levied. Section 2. AddITional Stormwater Utility Areas. The District may form additional Stormwater Utilrty Areas, if requested by resolution of the governing board of the area to be formed. To form an additional Stormwater Utility Area, the District shall comply with provisions of the District Act then governing the' formation of a Stormwater Utility Area. ARTICLE N REPORT OF CHIEF ENGINEER; HEARING THEREON; CONFIRMATION OF UTILITY ASSESSMENT BY THE BOARD OF SUPERVISORS Section 1. Report. The Chief Engineer shall cause to be prepared annually a written report indicating, for each Stormwater Utility Area, the Utility Assessment to be levied. as requested by the city or County governing board having jurisdiction over the area defined by the Stormwawr= Utilrty Area and shaH file the report with the Clerk of the Board of Supervisors. Section 2. Content of the Report. The report shall contain the District's estimate of its administrative costs and the Program costs for the respective city or County agency for each of the Stormwater Utility Areas for the ensuing fiscal year. Said estimate of costs shall be apportioned to each Parcel on the basis of proportionate impervious surface assignable to each Parcel to be assessed. Only Parcels not otherwise exempted by this Ordinance or the NPDES Regulations shall have a Utility Assessment levied on them. The report shall identify all Parcels by Assessor parcel number on which a Utilrty Assessment is to be levied and the amount of the assessment. Section 3. Resolution Accepting Report and Noticing Public Hearing. Upon the report being filed with the Clerk of the Board of Supervisors, the Board of Supervisors is, by resolution, to accept. if appropriate. the report and to set a date, time ORDINANCE NO. 93-47 4 ---PAGE BREAK--- and place for a hearing on said report. Notice of the hearing date shall be given as required by applicable law. Section 4. Hearing. The Board of Supervisors shall hear the matter on the date and at the time specified in the notice, or as continued for good cause. At the hearing, the Board of Supervisors shall hear and consider a" testimony, oral and written, presented, including all written protests. At the conclusion of the hearing, the Board of Supervisors may revise, change, reduce or modify any Utility Assessment and shall determine an appropriate rate for each Stormwater Utility Area identified in the report. Thereafter, by resolution, it shall confirm the assessments. Such confirming resolutions shall be adopted no later than August 10 of each fiscal year in which the Utility Assessment is to be levied and collected. Section 5. Enrollment. The District shall provide certified copies of the confirming resolutions and the roll of confirmed Utility Assessments, in an acceptable format, to the Auditor-Controller of the County on or before August 10 of each fiscal year. ARTICLE V LEVY OF UTILITY ASSESSMENT Section 1. Determination of the Amount to Be Assessed. The District shall estimate, for the fiscal year in which the Utility Assessment is to be levied, the total number of Equivalent Runoff Uni(s and the administrative costs for each Stormwater Utility Area. The administrative costs shall be combined with the costs of implementing the city or County Program for the various Stormwater Utility Areas. This total cost is to be apportioned among the Parcels within each respective Stormwater Utility Area in direct proportion to the number of Equivalent Runoff Units assigned to each Parcel. The Utility Assessment levied and collected WIThin each Stormwater Utility Area may only be applied toward the costs incurred for Program costs for the Stormwater Utility Area. tt, at the conclusion of any fiscal year, there remains in the account for a Stormwater Utility Area unexpended funds, the remaining balance shall be applied toward the estimated costs for the next fiscal year. Utility Assessments levied and collected pursuant to this Ordinance may not be applied toward any other costs or expenses of the District or the dty or County receMng funds from the Stormwater Utility Area nor may they be applied to the costs of a Stormwater Utility Area other than the Stormwater Utility Area for which they were levied and collected. ORDINANCE NO. 93-47 5 ---PAGE BREAK--- Section 2. Determination of Equivalent Runoff Unit and Amount of Utilfty Assessment to Be Levied. a. Equivalent Runoff Unit. The Chief Engineer has submitted a report entitled "Report on Stormwater Utility Assessmenf' and dated March 1993. The report establishes standard impervious surface amounts for various land uses and Parcel sizes and establishes Equivalent Runoff Units (ERUs) for each type of land use. The report and the standard amounts specified therein are adopted by the Board and are incorporated herein by reference. The standard against which all property is to be measured shall be a Single-family residential Parcel of 8,900 square feet in size to which a standard of 3,300 square feet of impervious surface is ascribed and shall be called a Equivalent Runoff Unit (ERU). All other land uses shall be Compared to this standard and the number of Equivalent Runoff Units assigned to the Parcel shall be in direct proportion to 3,300 square feet of impervious surface (SFIS). The number of Equivalent Runoff Units per Parcel for each of the classes listed in subsection below are as follows: Group A 1.0 ERU/unit Group G 7 ERU/acre Group 8 .7 ERU/unit Group H 9 ERU/acre Group C 1.7 ERU/unit Group I 10 ERU/acre Group 0 .2 ERU/acre Group J 12 ERU/acre Group E 1.5 ERU/acre Group K 1 ERU/3,300 SFIS Group F 4.5 ERU/acre Group L Exempt b. Classification of Parcels. All Parcels shall be assigned to one of the following classifications based on land use: . Group A: Single family residential on a Parcel having an area between 5,000 square feet and 20,000 square feet. Group 8: Single family residential on a Parcel having an area less than 5,000 square feet and all multiple family residential Parcels. Group C: -Single family residential on a Parcel having an area greater than 20,000 square feet. . Group 0: Golf courses and cemeteries. Group E: Miscellaneous improvements creating less than 25 percent impervious surfaces by Parcel area. Group F: Miscellaneous improvements creating between 25 percent and 50 percent impervious surfaces by Parcel area. ORDINANCE NO. 93-47 6 ---PAGE BREAK--- Group G: Community centers, churches, schools and cultural facilities. Group H: Office buildings, medical-dental offices, financial buildings, research and development offices, miscellaneous industrial improvements, convalescent hospitals and rest homes, mortuaries, fraternal and service organization buildings, retirement housing complex. Group I: Hotels, motels, and mobile home parks. Group J: Mini warehOUSes, industrial parks, light industrial parks, heavy industry, utility properties (corporation yards), bowling alleys, theaters, restaurants, car lots, hospitals, convenience markets, supermarkets, shopping centers, drive-in restaurants, parking facilities, service stations and car washes. Group K: Boat marinas, partially developed properties. Group L: Vacant land, agricultural land, and govemment-owned properties used for public purposes. c. Exempted Land Uses. All land uses expressly exempted by the NPDES Regulations will be exempted from the levy of a Utility A$sessment pursuant to this Ordinance. Those land uses exempted are: Agricultural uses, including dairies, poultry, livestock, groves, orchards, row crops, field crops, vines or dry farming. Vacant, undeveloped Parcels. Publicly-owned Parcels which are Parcels owned by a federal, state or local public entity or agency and used for public purposes. Determination of Equivalent Runoff Units Per Parcel. Once a Parcel is classified and its acreage or number of units is determined, the appropriate standard Equivalent Runoff Unit amount for the classification will be multiplied by the acreage or the number of units to determine the total Equivalent Runoff Units for the Parcel. e. Determination of Utility Assessment to Be Levied Per Equivalent Runoff Unit. The aggregate number of Equivalent Runoff Units within a Stormwater Utility Area will be divided into the estimated Program costs for the Stormwater Utility Area to determine the amount of Utility Assessment to be levied per Equivalent Runoff Unit. The Utility Assessment to be levied on a Parcel is determined by the number of Equivalent Runoff Units ascribed to ~he Parcel and the assessment value of each unit. ORDINANCE NO. 93-47 7 ---PAGE BREAK--- f. Maximum Utility Assessment to Be Levied Per Equivalent Runoff Unit. The Board hereby adopts the following maximum amounts of annual Utility Assessment per Equivalent Runoff Unit that can be levied without further individual Parcel owner notmcation for each of the following Stormwater Utility Areas: 1-(Antioch) $25.00 10-(Orinda) $35.00 2-(Clayton) $29.00 11-(Pinole) $35.00 3-(Concord) $35.00 12-(Pittsburg) $30.00 4-(Oanville) $30.00 13-(Pleasant Hill) $30.00 5-(EI Cerrito) $38.00 14-(San Pablo) $45.00 6-(Hercules) $35.00 15-(San Ramon) $35.00 7 -(Lafayette) $35.00 16-(Walnut Creek) $35.00 8-(Martinez) $30.00 17 -(Unincorporated 9-(Moraga) $35.00 County) $30.00 g. Utility Assessment to Be Levied for Fjscal Year 1993-94. The Utility Assessment to be levied per Parcel in Fiscal Year 1993-94 in the various Stormwater Utility Areas shall be based on the assigned dollar amount for a single Equivalent Runoff Unit as indicated below: 1-(Antioch) $20.00 10-(Orinda) $23.00 2-(Clayton) $23.00 11-(Pinole) $29.40 3-(Concord) $26.00 12-{Pittsburg) $24.00 4-(Oanville) $22.00 13-(Pleasant Hill) $25.00 5-(EI Cerrito) $14.00 14-(San Pablo) $33.00 6-(Hercules) $26.00 15-(San Ramon) $23.00 7 -(Lafayette) $15.00 16-(Walnut Creek) $27.50 8-(Martinez) $20.00 17 -(Unincorporated 9-(Moraga) $25.00 County) $16.20 VI COLLECTION OF UTILITY ASSESSMENT Section 1. Collection by Treasurerrrax Collector. The confirmed Utility Assessment for each Parcel shall appear as a separate item on the tax bill issued by the Treasurer!Tax Collector of the County. The Utility Assessment shall be levied and collected at the same time and in the same manner as the general ad valorem property taxes and shall be subject to the same penalties and the same procedures for sale in case of delinquency. tt, for the first year the Utility Assessment is levied, the property on which the Utility Assessment is levied has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for ORDINANCE NO. 93-47 8 ---PAGE BREAK--- value has been created and attached thereon, prior to the date on which the first installment of ad valorem property taxes would become delinquent, the Utility Assessment shall not result in a lien against the real property but shall be transferred to the unsecured roll. Section 2. Applicable Law. All laws applicable to the levy, collection and enforcement of ad valorem property taxes shall be applicable to Utility Assessments, except as otherwise provided herein. Section 3. - Validity of Utility Assessment Not Affected by Time Umits. Failure to meet the time limits set forth in this Ordinance for whatever reason shall not invalidate any Utility Assessment levied hereunder. ARTICLE VII CORRECTION OR CHANGE TO THE TAX ROLL Section 1. Initiation of the Correction or Change. A correction or change to the tax roll with respect to a Utility Assessment may be made by the Chief Engineer, either on his/her own initiative, or on application by a property . owner (the "Assessee'1. Section 2. Initiation by Flood Control Engineer. The Chief Engineer may initiate a correction or change to the tax roll at any time within -two years of the date of the resolution or ordinance of the Board of Supervisors confirming Utility Assessments placed upon the tax roll. Section 3. Initiation by the Assessee. The Assessee may initiate a correction or change to the tax roll by filing a written application with the Chief Engineer within sixty (60) days following his/her receipt of the tax bill reflecting the Utility Assessment. The application shall contain or include the following information, together with such additional information deemed relevant by the Assessee or requested by the Chief Engineer: a. Assessor parcel number. • b. Gross acreage. c. Use of property as of the preceding MarcFr'"1. d. Copy of the tax bill containing the benefit assessment. ORDINANCE NO. 93--47 9 ---PAGE BREAK--- e. Basis for requested correction or change. Section 4. Categories of Corrections or Changes. Upon approval of the Chief Engineer, corrections or changes shall be made with respect to: a. Ownership of a Parcel; b. Address of an owner of a Parcel; c. Subdivision of an existing Parcel; d. Land use category of all or part of a Parcel; e. Computation of the area of a Parcel; f. Erroneous computation of the Utility Assessment. Corrections to the tax roll shall not be valid unless and until approved by the Board of Supervisors. All corrections or changes must be reported by the Chief Engineer to the Auditor-Controller of the County, who shall refund the amount of the assessment overcharge by check without amendment of the bill if the amount of overcharge is less than one hundred dollars, or prepare an amended billing to correct the overcharge, as the case may be. The Chief Engineer shall gtve written notice to the Assessee of the action taken on the application. tf the Assessee disagrees with the Chief Engineer's determination, he/she may file an appeal with the Stormwater Utility Assessment Appeal Board within thirty (30) days after receipt of the written notice. The appeal shall be initiated by a written letter submitted to' the Stormwater Utility Assessment Appeal Board, c/o the Chief Engineer for refund oMill~ or part of the Stormwater Utility Assessment. The Stormwater Utility Assessment Appeal Board shall contain at least three members and shall be appointed by the Board of Supervisors. If the Assessee disagrees with the Stormwater Utility Assessment Appeal Board's determination, he/she may file an appeal with the Board of Supervisors within thirty (30) days after receipt of the written notice. The appeal shall be initiated by a written application filed with the Clerk of the Board of Supervisors for refund of all or part of the Utility Assessment. The application shall include payment of a one hundred dollar appeal fee which shall be returned if the Assessee's appeal is upheld by the Board. The decision of the Board of Supervisors shall be final and shall complete the administrative process. Any further action by the Assessee for recovery of any part of the Utility Assessment shall be by complaint for refund filed in the Superior Court. ORDINANCE NO. 93-47 10 ---PAGE BREAK--- " ~ ARTICLE VIII EFFECTIVE DATE OF ORDINANCE This Ordinance shall become effective thirty (30) days after passage. and within fifteen (15) days of passage, shall be published once with the names of the Supervisors voting for and against it in the Contra Costa limes, a newspaper of general circulation published in this County. PASSED and ADOPTED on June 22, 1993 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Supervisors Powers, Smith, Bishop, MCPeak and Torlakson None None None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator MFK:tv:drg a: npdes\ord inance (June 22, 1993) Board Chair ORDINANCE NO. 93-47 11