To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Adopt Resolution Requesting that the Contra Costa County Flood Control and Water Conservation District Adopt Annual Parcel Assessments for the County’s Watershed Program.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution establishing a rate of $30 per Equivalent Runoff Unit (ERU) for Stormwater Utility Area 17 (Unincorporated County) for Fiscal Year 2026-2027 and requesting that the Contra Costa County Flood Control and Water Conservation District (FC District) adopt annual parcel assessments for drainage maintenance and the National Pollutant Discharge Elimination System Program, Countywide.
FISCAL IMPACT:
The 2026-2027 rate per ERU is the same as that set for fiscal year 2025-2026. Therefore, there will be no change in rate for Unincorporated County property owners. The unincorporated area of Contra Costa County will produce approximately $3,679,595 which will be used to implement the Unincorporated County’s Stormwater Program. All associated costs funded 100% by Stormwater Utility Area 17 Funds. Project No. 7517-6W7091
BACKGROUND:
The Clean Water Program consists of the County, Contra Costa cities, and the FC 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 Clean Water permitting program is known as the National Pollutant Discharge Elimination System (NPDES) Program. To be in compliance with the current Municipal Regional Stormwater NPDES Permit (MRP), Clean Water Program participants implement stormwater programs to comply with the provisions outlined in the MRP These stormwater programs are 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 FC District adopt the stormwater utility assessment. (The FC District is the only entity under state law with legal authority to assess this particular assessment.)
The Public Works Department administers the County Stormwater Program. Examples of how the assessment is being spent in the current year include:
1. 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.
2. Encourage Planners and the development community to use new designs that will reduce contaminated stormwater runoff.
3. Educate the public on the benefits of reducing pesticides and other toxic household product use and their proper disposal.
4. Educate County Engineers and Maintenance staff on flood control design, construction, and maintenance practices that protect water quality and preserve natural watershed habitats.
5. Inspect 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 that minimizes stormwater contamination.
6. Educate marina operators and their marina users through a marina program.
7. Implement trash reduction control measures.
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 MRP. The San Francisco Regional Water Quality Control Board has the authority to issue fines of up to $10,000 per day against those municipalities that do not comply with the MRP and fail to implement the stormwater programs in compliance with the MRP provisions.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
body
IN THE MATTER OF: ESTABLISH the rate per Equivalent Runoff Unit (ERU) for Stormwater Utility Area 17 (Unincorporated County) for Fiscal Year 2026-2027 and request that the Contra Costa County Flood Control and Water Conservation District (FC District) ADOPT an annual parcel assessment for drainage maintenance and the National Pollutant Discharge Elimination System (NPDES) Program, Countywide.
The Board of Supervisors of Contra Costa County RESOLVES THAT;
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 NPDES Program; and
WHEREAS, the COUNTY of CONTRA COSTA (County) did apply for, and did receive, an NPDES permit, which requires the implementation of selected Best Management Practices (BMPs) to minimize or eliminate pollutants from entering stormwaters; and
WHEREAS, it is the intent of the County 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 County, the FC District has completed the process for formation of an 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 County and the FC District requires that the County determine the rate to be assessed to a single ERU for the forthcoming fiscal year in the Unincorporated County; and
NOW, THEREFORE BE IT RESOLVED, that the County Board of Supervisors does determine that the rate to be assigned to a single ERU for Fiscal Year 2026-2027 shall be set at $30.
BE IT FURTHER RESOLVED, that the County Board of Supervisors does hereby request the FC District to adopt SUA 17 levies based on said amount.