To: Contra Costa County Flood Control and Water Conservation District
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Fixing a public hearing on Stormwater Utility Area Assessments for Fiscal Year 2025-2026, Countywide. Project No. 4500-6X7041
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. ACKNOWLEDGE receipt of resolutions from Stormwater Utility Area Nos. 1-18, determining their respective assessment rates, and requesting the Contra Costa County Flood Control and Water Conservation District (Flood Control District) to levy assessments in their respective areas.
2. RECEIVE the Engineer’s Report for the adoption of assessments in Stormwater Utility Area Nos. 1-18 for Fiscal Year 2025-2026.
3. ADOPT Resolution accepting the Engineer’s Report for the adoption of assessments in Stormwater Utility Area Nos. 1-18 for Fiscal Year 2025-2026 and fixing a public hearing on the Engineer’s Report and the proposed assessments.
4. DIRECT the Clerk of the Board of Supervisors to fix July 8, 2025, at 9:00 a.m., in the Board chambers, County Administration Building, 1025 Escobar Street, Martinez, California, as the time and place for a public hearing on the Engineer’s Report and the proposed assessments, for filing objections or protests, and to give notice of the hearing, as required by Sections 11 and 12.8(c)(2) of the Flood Control District Act.
FISCAL IMPACT:
Cost associated with the process to levy assessments, including costs of preparing the Engineer’s Report and providing public notice, will be funded with Stormwater Utility Area assessment revenues.
BACKGROUND:
The Flood Control District Act allows the Flood Control District to act as the fiscal agent to levy Stormwater Utility Area assessments to fund work related to the National Pollutant Discharge Elimination System (NPDES) permit pursuant to the Clean Water Act.
Attached are resolutions from Contra Costa County, the incorporated cities of Antioch, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Pablo, San Ramon, Walnut Creek, and Oakley (collectively, participating permittees which are those participating in the Stormwater Utility Area assessments), determining their respective assessment rates and requesting the Flood Control District to levy Stormwater Utility Area assessments in their respective areas. The Flood Control District has filed an Engineer’s Report for the adoption of the Fiscal Year 2025-2026 assessments (attached), outlining the assessments, including proposed assessment rates and maximums, proposed stormwater utility budgets and estimated assessment revenues. The proposed assessments for Fiscal Year 2025-2026 will provide approximately $15,905,706 in funding for the participating permittees and their NPDES program for drainage maintenance activities.
Contra Costa County, the incorporated cities of Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek, and Oakley, and the Flood Control District (collectively, permittees) partner under the Contra Costa Clean Water Program to implement the provisions of the Joint Municipal Stormwater NPDES Permit, Municipal Regional Permit (MRP) 3.0, issued by the State Regional Water Quality Control Board.
Under MRP 3.0, new and additional activities designed to reduce or eliminate pollutants from entering open bodies of water will be required. Examples of activities to meet permit requirements include public education on pollution prevention, trash assessments, inspection of construction sites, including commercial and industrial facilities, and drainage facilities maintenance. These activities are funded in part by Stormwater Utility Area assessments. The balance of activities are funded by each municipality’s general funds, road funds, grants, or other sources.
CONSEQUENCE OF NEGATIVE ACTION:
If the proposed recommendations of this action are not approved, the hearing to adopt the Stormwater Utility Area assessments for Fiscal Year 2025-2026 will not be scheduled, and the assessments, which will provide approximately $15,905,706 in funding, cannot be levied.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF ACCEPTING THE ENGINEER’S REPORT FOR THE ADOPTION OF ASSESSMENTS IN STORMWATER UTILITY AREA NOS. 1-18 FOR FISCAL YEAR 2025-2026 AND FIXING A PUBLIC HEARING ON THE ENGINEER’S REPORT AND THE PROPOSED ASSESSMENTS.
WHEREAS:
1. The Contra Costa County Flood Control and Water Conservation District Act (Act), under the provisions of Section 12.8(a), authorizes the Board of Supervisors (Board) of the Contra Costa County Flood Control and Water Conservation District (Flood Control District) to levy annual assessments within stormwater utility areas;
2. The Flood Control District is the fiscal agent to levy assessments on behalf of Contra Costa County and the incorporated cities of Antioch, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Pablo, San Ramon, Walnut Creek, and Oakley (Cities) under Flood Control District Ordinance No. 93-47;
3. The Flood Control District has prepared and filed an Engineer’s Report regarding the proposed assessments for Fiscal Year 2025-2026;
4. A public hearing must be held within thirty (30) days of filing of the attached Engineer’s Report, under the provisions of Section 12.8(c)(2) of the Act;
NOW, THEREFORE, BE IT RESOLVED:
1. The Engineer’s Report is accepted and is available for public review at the office of the Clerk of the Board, 1025 Escobar Street, Martinez, California.
2. A public hearing is set on July 8, 2025, at 9:00 a.m., in the Board chambers, County Administration Building, 1025 Escobar Street, Martinez, California, on the proposed Stormwater Utility Area assessments for Fiscal Year 2025-2026. At the hearing, the Board will hear and consider testimony, oral and written, including all protests.
3. The Clerk of the Board is directed to give notice of the public hearing on the proposed assessments by publication in accordance with Sections 11 and 12.8 of the Act.
4. The Clerk of the Board is directed to forward a copy of this Resolution at least twenty (20) days before the aforementioned hearing to the County and Cities. The mailing addresses for the County and Cities are listed in the attached Exhibit A.
5. The Clerk of the Board is further directed to mail a copy of the Notice of Public Hearing to interested parties who have filed a written request for mailed notice with the Clerk of the Board or with the Flood Control District.