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HomeMy WebLinkAboutMINUTES - 12071999 - C14 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: December 7, 1999 SUBJECT: APPROVE THE STORMWATER UTILITY AREA AGREEMENT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. APPROVE and EXECUTE the Stormwater Utility Area Agreement between the Contra Costa County Flood Control and Water Conservation District and the following jurisdictions: Antioch El Cerrito Moraga Pleasant Hill Clayton Hercules Orinda San Pablo Concord Lafayette Pinole San Ramon Danville Martinez Pittsburg Walnut Creek Unincorporated County Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY A MINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON DECEMBER 7, 1999 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct X UNANIMOUS (ABSENT None copy of an action taken and entered on the minutes AYES: NOES: of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. ATTESTED: DECEMBER 7, 1999 PHIL BATCHELOR, Clerk of the Board G:\GrpData\FldCtl\SWUF\BO\FCD SW Utility Area Agt of Supervisors and County Administrator Orig.Div: Public Works Flood Control Contact: Linda Bulkeley—925/313-2238 c: CAO PW-Accounting By Deputy 14, SUBJECT: APPROVE THE STORMWATER UTILITY AREA AGREEMENT PAGE: 2 DATE: December 7, 1999 II. Financial Impact: No impact to the General Fund. The Stormwater Utility Area Agreement (Agreement) pertains to the expenditure and administration of the stormwater utility assessment. The net impact on stormwater utility assessment expenditures for the proposed agreement will be the same as the earlier agreement prior to revisions. III. Reasons for Recommendations and Background: The Flood Control District administers the stormwater utility assessment for 16 cities and the unincorporated County area. This assessment is the funding source for the Contra Costa Clean Water Program(also known as NPDES stormwater control activities). The Stormwater Utility Area Agreement(formerly known as the Cost Payment Agreement) sets forth the responsibilities of cities, County and Flood Control District regarding the collection, administration, distribution, and expenditures of stormwater utility assessment monies. The Cost Payment Agreement was signed by the Flood Control District and each jurisdiction in 1993 and is expiring December 31, 1999. The Flood Control District is recommending the deletion of programmatic issues that have already been transferred to a separate Program Agreement adopted by the Board of Supervisors in the summer of 1998. Other, minor modifications proposed are the addition of definitions and clarification of what proposed expenditures are eligible for stormwater utility assessment funding. The new definitions better reflect changes in the new, second Joint Municipal NPDES Stormwater Permit between Contra Costa Clean Water Program participants and the San Francisco Bay and Central Valley Regional Water Quality Control Boards. The Stormwater Utility Area Agreement has been reviewed and adopted by the sixteen(16) cities and the unincorporated County and is now being sent to the Board of Supervisors for approval. IV. Consequences of Negative Action: The current Agreement will expire and the Flood Control District will be unable to administer and disburse the stormwater utility assessment to the 16 cities and the unincorporated County area. e RESOLUTION NO. 99/160 RESOLUTION APPROVING THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT) AND THE CITY OF ANTIOCH WHEREAS, the City of Antioch, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, Cities of Antioch, Brentwood and Contra Costa County have submitted the necessary application for a second Joint Municipal NPDES Permit which is awaiting approval by the Central Valley Regional Water Quality Control Board; and, WHEREAS, nineteen (19) municipalities approved a "Stormwater Utility Area and Program Group Costs Payment Agreement Between Contra Costa County Flood Control & Water Conservation District (referred to as "Cost Payment Agreement") ..." and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by all participating municipalities; and, WHEREAS, the Cost Payment Agreement has been amended to expire on December 31, 1999; and, WHEREAS, the "Cost Payment Agreement" has been modified to accurately reflect only the implementation of Stormwater Utility Assessments; and, WHEREAS, the "Cost Payment Agreement" has been renamed to the "Stormwater Utility Area Agreement"; and, WHEREAS, the "Stormwater Utility Area Agreement" has been reviewed by a subcommittee of the Contra Costa County City Attorney's Association who found the Agreement acceptable and did not recommend any changes to the document. RESOLUTION NO. 99/160 Page 2 NOW, THEREFORE BE IT RESOLVED, THE CITY OF ANTIOCH DOES RESOLVE AS FOLLOWS: 1. Authorize the City Manager to execute the Stormwater Utility Area Agreement subject to City Attorney's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 26th day of October, 1999 by the following vote: AYES: Council Members Soliz, Davis, Sudario and Mayor Rocha NOES: None ABSENT: None ABSTAIN: Council Member Freitas L. JOLENE MARTIN, City Clerk =C'con STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF ANTIOCH This AGREEMENT, entered into on the 7th day of December , 1999, is between the City of Antioch, a municipal corporation of the State of California, hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size 1 v CD "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, DISTRICT shall charge CITY for Program Activity Costs. Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY: -Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. 2 Fe u)cD Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY OF ANTIOCH DISTRICT City of Antioch County Flood Control District P.O. Box 5007 255 Glacier Drive Antioch, CA 94531-5007 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 3 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. CONTRA COSTA COUNTY FLOOD CITY OF ANTIOCH CONTROL AND WATER Michael Ramsey CONSERVATION DIS RICT By: By: C , B rd ofupervisors City Man ger 11 ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of L. Jolene Martin Supervisors and County Administrator B By �J Y• v • putyqityClerk Recommended for Approval: J. Michael Walford Chief Engineer B Form Approved: Form Approved: Victor J. Westman City Attorney County Counsel William R. Galstan k&4 C L/I Ju By: Deputy 4 Cly fay RESOLUTION NO. 65-99 A RESOLUTION APPROVING THE STORMWATER UTILTIY AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON WHEREAS,the City of Clayton in conjunction with the Contra Costa County Flood and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development of a Joint Municipal National Discharge Pollutant Discharge Elimination System(NPDES)permit for Stormwater discharges; and WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS, the Cities of Antioch, Brentwood and Contra Costa County have submitted the necessary application for a second five-year Joint Municipal NPDES Permit which is awaiting approval by the Central Valley Regional Water Quality control Board; and WHEREAS,nineteen(19)municipalities approved a"Stormwater Utility Area and Program Group Costs Payment Agreement Between Contra Costa Flood and Water and Conservation District (referred to as "Cost Payment Agreement")..." and each municipality delineating activities to be taken jointly;and,the implementation of stormwater utility assessments; and WHEREAS,a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by all participating municipalities; and, WHEREAS, the "Cost Payment Agreement" has been amended to expire on December 31, 1999; and WHEREAS, the "Cost Payment Agreement" has been modified to accurately reflect only the implementation of Stormwater Utility Assessments; and WHEREAS, the "Cost Payment Agreement"has been renamed to the "Stormwater 1 Utility Area Agreement"; and, has been amended to expire on December 31, 1999;and WHEREAS, the "Storrnwater Utility Agreement" has been reviewed by a subcommittee of the Contra Costa County City Attorney's Association who found the agreement acceptable and did not recommend any changes to the document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clayton that the City Manager is hereby authorized to execute the Stormwater Utility Area Agreement between the Contra Costa Flood Control and Water Conservation District and the City of Clayton as generally shown on Attached Exhibit "A", subject to the City Attorney's approval. Adopted by the City Council of the City of Clayton at a regular meeting of said Council held on November 2, 1999,by the following vote: AYES: Council Members Littorno, Manning, Pierce, Vice Mayor Peterson, Mayor Laurence NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: Frances Douglas, City Clerk I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Clayton at a regular meeting held on November 2, 1999. Frances Douglas, City Clerk Reso clean water utility ag 2 STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CLAYTON This AGREEMENT, entered into on the 7th day ofDecerne -1999, is between the "CITY"/'TOWN"/"COUNTY"of Clayton , a municipal corporation of the State of California, hereinafter"CITY"/"TOWN"P'COUNTY"and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY/TOWN/COUNTY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System(NPDES)permit for stormwater discharges hereinafter referred to as PERMIT.A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities.The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT,CITY/TOWN/COUNTY must implement the Performance Standards identified for their CITY/TOWN/COUNTY area. The DISTRICT has legal authority to form Stormwater Utility Areas(SUA)along CITY/TOWN/COUNTY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY/TOWN/COUNTY.At the request of CITY/TOWN/COUNTY,DISTRICT has completed the process for formation of a SUA for CITY/TOWN/COUNTY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No.93-47. This AGREEMENT is to set forth CITY/TOWN/COUNTY and DISTRICT responsibilities regarding the collection,administration, distribution,and expenditure of monies derived from stormwater utility assessments levied in CITY's/TOWN's/COUNTY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit"shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size -Page 1 - elft}i B IT A (40 'R650. "System Conveyance Improvements"shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements"shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S.as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY/TOWN/COUNTY (a) the number of ERUs in the CITY's/TOWN's/COUNTY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY/TOWN/COUNTY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTIONOFASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax.The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area,including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY/TOWN/COUNTY and expenditure by CITY/TOWN/COUNTY,shall be bome by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, DISTRICT shall charge CITY/TOWN/COUNTY for Program Activity Costs. Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's/TOWN's/COUNTY's SUA Fund for CITY's[TOWN's/COUNTY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY/TOWN/COUNTY upon request. 6. DISBURSEMENT OF FUNDS TO CITY/TOWN/COUNTY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY/TOWN/COUNTY revenue from the fund.The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%)of the estimated total assessment,whichever is greater. 7. CITY/TOWN/COUNTY USE OF REVENUE: CITY/TOWN/COUNTY agrees to expend the revenue received from the SUA solely for NPDES program activities including,but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY/TOWN/COUNTY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY/TOWN/COUNTY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. -Page 2- 8. COST ACCOUNTING/ANNUAL REPORT: CITY/TOWN/COUNTY shall maintain accounting records for all expenditures for a period of five years.Annually, on January 15, CITY/TOWN/COUNTY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands,suits,costs,expenses and liability for any damages,injury,sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY/TOWN/COUNTY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY/TOWN/COUNTY acknowledges that the obligation set forth in subsection A above shall not apply to third party claims, demands, suits,costs, expenses and liability arising from or connected with the use by CITY/TOWN/COUNTY of the data furnished under this AGREEMENT, and CITY/TOWN/COUNTY agrees to defend, indemnify,save and hold harmless DISTRICT, its governing body,officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's/TOWN's/COUNTY's execution of this agreement does not bind the CITY/TOWN/COUNTY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY/TOWN/COUNTY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY/TOWN/COUNTY DISTRICT f�►Ty U O_L AF niJ County Flood Control District (000 qiEe1T-A 6C- TeA�L- 255 Glacier Drive CLL*i CA c)LA 1-� Martinez, CA 94553 If either party terminates this AGREEMENT, CITY/TOWN/COUNTY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY/TOWN/COUNTY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY/TOWN/COUNTY at CITY's/TOWN's/COUNTY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY/TOWN/COUNTY subject to CITY's/TOWN's/COUNTY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. -Page 3- 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. CONTRA COSTA COUNTY FLOOD CITY/TOWN/COUNTY OF CONTROL AND WATER Clayton CONSE TIO QPSTRICT By: 0111 By: Ch " , r f Supervisors City/Town/County Manager EST: ATTEST: hil Batchelor, Clerk of the Board of City/Town Clerk Supervisor d County Administrator By: ,C� By: - D uty Recommended for Approval: Recommended for Approval: J. Michael Walford Laura Hoffineister Name Chief Engineer Ass to the City Mana erTitle B Form Approved: Form Approved: Victor J.Westman City/Town Attor y County Counsel By: By: Deputy .g�— LB.-jig \\PWS1\SHARDATA\GrpData\FldCtl\SWUF\BO\SW Utility Area Agmt.doc -Page 4- r 1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD 2 COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA 3 4 A Resolution Approving the Stormwater Utility Area Agreement Between Contra Costa County Flood 5 Control and Water Conservation District And the City 6 Of Concord Resolution No. 99-107 7 8 9 WHEREAS, the City of Concord, in conjunction with the Contra Costa County Flood Control 10 and Water Conservation District and other governmental entities, has been required by the Federal 11 Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to ft 12 participate in the development and implementation of a Joint Municipal National Pollutant Discharge 13 Elimination System(NPDES) permit for stormwater discharges; and 14 WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board 15 issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; 16 and 17 WHEREAS, the Cities of Antioch, Brentwood and Contra Costa County have submitted the 18 necessary application for a second Joint Municipal NPDES Permit which is awaiting approval by the 19 Central Valley Regional Water Quality Control Board; and 20 WHEREAS, nineteen (19) municipalities approved a "Stormwater Utility Area and Program 21 Group Costs Payment Agreement Between Contra Costa County Flood Control & Water 22 Conservation District (referred to as "Cost Payment Agreement")"; and each participating 23 municipality delineating activities to be taken jointly; and, the implementation of stormwater utility 24 assessments; and 25 WHEREAS, a separate agreement delineating only activities to be implemented by all 26 participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been 27 approved collectively by all participating municipalities; and 28 Res.No.99-107.doc 1 1 WHEREAS, the Cost Payment Agreement has been amended to expire on December 31, 2 1999; and 3 WHEREAS, the "Cost Payment Agreement" has been modified to accurately reflect only the 4 implementation of Stormwater Utility Assessments; and 5 WHEREAS, the "Cost Payment Agreement" has been renamed the "Stormwater Utility Area 6 Agreement"; and 7 WHEREAS, the "Stormwater Utility Area Agreement" has been reviewed by a subcommittee 8 of the Contra Costa County City Attorney's Association which found the Agreement acceptable and 9 did not recommend any changes to the document. 10 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES 11 RESOLVE AS FOLLOWS: 12 Section 1: Authorizes the City Manager to execute the Stormwater Utility Area Agreement 13 subject to the City Attorney's approval. 14 Section 2: This resolution shall become effective immediately upon its passage and 15 adoption. 16 Section 3: Three (3) certified copies of this resolution and three (3) signed originals of the 17 Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County 18 Flood Control and Water Conservation District. 19 PASSED AND ADOPTED by the City Council of the City of Concord on November 9 19999 20 by the following vote: 21 AYES: Councilmembers—H. Allen, L. Hoffineister, B. McManigal, M. Peterson, M. Pastrick 22 NOES: Councilmembers -None 23 ABSTAIN: Councilmembers -None 24 ABSENT: Councilmembers -None 25 H 26 H 27 H 28 H Res.No.99-107.doc 2 r 1 I HEREBY CERTIFY that the foregoing Resolution No. 99-107 was duly and regularly 2 adopted at a regular joint meeting of the City Council of the City of Concord on November 9, 1999. 3 Lynnet Keihl, CMC City Clerk 4 vkuj-'� J"'a� 5 By. Mardie Traver, CMC 6 Assistant City Clerk 7 8 RO 7DA TF RM: I certify that this is a true copy of a document on file i 9 n Is office. 10 Asslstant City Clerk ichard Doyle SEAL City of Concord,California 11 City Attorney t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Res.No.99-107.doc 3 STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CONCORD This AGREEMENT,entered into on the 9th day of November 1999,is between the City of Concord, a municipal corporation of the State of California,hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California,hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY,in conjunction with DISTRICT and other local government entities, desires to continue participating in the, development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT"activities.The PERMIT requires the collection,evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT,CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration,distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY and COUNTY,respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit.- "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system,including but not limited to the following types of activities: • Inspection of existing drainage facilities g • Cleaning of existing drainage facilities through the removal of vegetation and debris • Repair of channel erosion and washouts • Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce,eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY: (a)the number of ERUs in the CITY's SUA, (b)the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually,by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall, by resolution, request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax.The charge for this service shall be subtracted from the funds. S. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents,adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, DISTRICT shall charge CITY for Program Activity Costs. Monthly,DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY, upon request. 6. DISBURSEMENT OF FUNDS TO CITY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse, to CITY, revenue from the fund. The amount to be disbursed, each time, shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records, for all expenditures,for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A, above, shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same,except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY, in any way,to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of Concord County Flood Control District 1950 Parkside Drive 255 Glacier Drive Concord, CA 94519 Martinez, CA 94553 If either party terminates this AGREEMENT,CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT, for CITY, at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY, subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified,revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. CONTRA COSTA COUNTY FLOOD CITY OF CONCORD CONTROL AND WATER CONSERVATION DISTRICT By: Edward R. Jameu Cha' , B d Supervisors City Manager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: ja� T By: Mardie Traver, CMC Fputy Assistant City Clerk Recommended for Approval: APPROVED AST FORM: J. Michael Walford Chief Engineer By: Richard Doyle City Attorney Form Approved: Victor J.Westman County Counsel By: 141, Q:\sharewrk\SHARE City Council Reports 1999\1 1-09-99\ET-Attach2SUAAgreement.doc RESOLUTION NO. 162-99 APPROVING THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF DANVILLE WHEREAS,the Town of Danville, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS, the Cities of Antioch, Brentwood and Contra Costa County have submitted the necessary application for a second Joint Municipal NPDES Permit which is awaiting approval by the Central Valley Regional Water Quality Control Board, and WHEREAS, nineteen(19) municipalities approved a"Stormwater Utility Area and Program Group Costs Payment Agreement(referred to as"Cost Payment Agreement")between Contra Costa County Flood Control and Water Conservation District" and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by all participating municipalities; and WHEREAS,the Cost Payment Agreement has been amended to expire on December 31, 1999; and WHEREAS, the Cost Payment Agreement has been modified to accurately reflect only the implementation of Stormwater Utility Assessments; and WHEREAS, the Cost Payment Agreement has been renamed to the "Stormwater Utility Area Agreement"; and WHEREAS, the Stormwater Utility Area Agreement has been reviewed by a subcommittee of the Contra Costa County City Attorneys' Association who found the Agreement acceptable and did not recommend any changes to the document, now, therefore, be it RESOLVED, the Danville Town Council does resolve as follows: 1. Authorize the Town Manager to execute the Stormwater Utility Area Agreement subject to the City Attorney's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. APPROVED by the Danville Town Council at a regular meeting on November 16, 1999, by the following vote: AYES: Arnerich, Greenberg, Doyle, Shimansky, Waldo NOES: None ABSTAIN: None ABSENT: None ' M'Ofo PIAOVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that this is a true and correct copy of Resolution No. 162-99. Marie Sunseri, City Clerk STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF DANVILLE This AGREEMENT, entered into on the A day of 1999, is between the TOWN of DANVILLE, a municipal corporation of the State of California, hereinafter"TOWN" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: TOWN, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, TOWN must implement the Performance Standards identified for their TOWN area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along TOWN boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of TOWN. At the request of TOWN, DISTRICT has completed the process for formation of a SUA for TOWN territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth TOWN and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in TOWN's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the TOWN (a) the number of ERUs in the TOWN's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, TOWN shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to TOWN and expenditure by TOWN, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, DISTRICT shall charge TOWN for Program Activity Costs. Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit TOWN'S SUA Fund for TOWN'S share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to TOWN upon request. 6. DISBURSEMENT OF FUNDS TO TOWN: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to TOWN revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. TOWN USE OF REVENUE: TOWN agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, TOWN will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If TOWN and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: TOWN shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, TOWN shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to TOWN, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, TOWN acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by TOWN of the data furnished under this AGREEMENT, and TOWN agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: TOWN'S execution of this agreement does not bind the TOWN in any way to continue participation in the Joint Municipal NPDES PERMIT. TOWN and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: TOWN DISTRICT Joseph A. Calabrigo County Flood Control District Town Manager 255 Glacier Drive 510 La Gonda Way Martinez, CA 94553 Danville, CA 94526 If either party terminates this AGREEMENT, TOWN shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. TOWN shall receive from DISTRICT all data or other information prepared by DISTRICT for TOWN at TOWN'S expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the TOWN subject to TOWN'S compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. CONTRA COSTA COUNTY FLOOD TOWN F CONTROL AND WATER CONSERVATION TRICT By: Chaff , B r f Supervisors TowPanager ATTEST: AT 'EST: Phil Batchelor, Clerk of the Board of Clerk . Supervisors and County Administrator Y By: D uty Recommended for Approval: Recommended for Approval: J. Michael Walford Name Chief Engineer 6av, u�i&d&.L Title B By: AfW4 Form Approved: Form Approved: Victor I Westman City Attorney County Counsel BY: Y�B Deputy Deputy LB:jlg \\PWS1\SHARDATA\GrpData\FldCtl\SWUF\BO\SW Utility Area Agmt.doc RESOLUTION 99-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF EL CERRITO AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. WHEREAS, the City of EI Cerrito in conjunction with the Contra Costa County Flood Control and Water Conservation District(District) and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges and WHEREAS, in 1993, nineteen (19) municipalities approved a"Stormwater Utility Area and Program Group Costs Payment Agreement between the Contra Costa County Flood Control and Water Conservation District and each participating municipality(referred to as the"Cost Payment Agreement") delineating activities to be taken jointly, and implementing Stormwater Utility Assessments to fund the joint activities; and WHEREAS, in 1998 a separate agreement entitled"Contra Costa Clean Water Program Agreement"delineating only activities to be implemented by all participating municipalities was approved by all the participating municipalities; and WHEREAS, a new agreement, called the Stormwater Utility Area Agreement has been developed to address the issue of the Stormwater Utility Assessment; and WHEREAS, the Stormwater Utility Area Agreement has been reviewed by a subcommittee of the Contra Costa County City Attorneys'Association which found the Agreement acceptable. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of EI Cerrito authorizes the City Manager or his designee to execute the Stormwater Utility Area Agreement. BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon its passage and adoption and that three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. I certify that at a regular meeting on November 1, 1999 the City Council of the City of EI Cerrito passed this Resolution by the following vote: AYES: COUNCIL MEMBERS: Bartke, Damon, La Force, Friedman, Brusatori NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None i IN WITNESS of this action, I sign this document and affix the corporate seal of the City of EI Cerrito on November 1, 1999. LAaM. Giddings, Clerk APPROVED: i r i ERTIFIED A TRUE C.G AiGii7nausatori, Mayor _ _ ' N -------`------ - --- --------...... ..... ( LM. G!0-- ' �; erk LINDA of the City of 11 Cerrito, CA I 4 I i i , f f 4i i i E i i I , i I i i i ( i i STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND e-itu Of El Cenrift) This AGREEMENT, entered into on the sfi day of November, 1999, is between the of 91 Cerri fa , a municipal corporation of the State of California, hereinafter"CITY"/"TOWN"/"COUNTY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY/TOWN/COUNTY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY/TOWN/COUNTY must implement the Performance Standards identified for their CITY/TOWN/COUNTY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY/TOWN/COUNTY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY/TOWN/COUNTY. At the request of CITY/TOWN/COUNTY, DISTRICT has completed the process for formation of a SUA for CITY/TOWN/COUNTY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY/TOWN/COUNTY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's/TOWN's/COUNTY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size - Page 1 - "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY/TOWN/COUNTY (a) the number of ERUs in the CITY's/TOWN's/COUNTY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY/TOWN/COUNTY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY/TOWN/COUNTY and expenditure by CITY/TOWN/COUNTY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, DISTRICT shall charge CITY/TOWN/COUNTY for Program Activity Costs. Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's/TOWN's/COUNTY's SUA Fund for CITY's/TOWN's/COUNTY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY/TOWN/COUNTY upon request. 6. DISBURSEMENT OF FUNDS TO CITY/TOWN/COUNTY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY/TOWN/COUNTY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY/TOWN/COUNTY USE OF REVENUE: C!TWTOV, N/COUNTY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY/TOWN/COUNTY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY/TOWN/COUNTY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. - Page 2 - 8. COST ACCOUNTING/ANNUAL REPORT: CITY/TOWN/COUNTY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY/TOWN/COUNTY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY/TOWN/COUNTY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY/TOWN/COUNTY acknowledges that the obligation set forth in subsection A above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY/TOWN/COUNTY of the data furnished under this AGREEMENT, and CITY/TOWN/COUNTY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's/TOWN's/COUNTY's execution of this agreement does not bind the CITY/TOWN/COUNTY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY/TOWN/COUNTY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: of £l CerriYo CITY DISTRICT 10890 5a0 Pablo Avenue 0 Cerri�v, CR ggS30 County Flood Control District 255 Glacier Drive Martinez, CA 94553 If either party terminates this AGREEMENT, CITY/TOWN/COUNTY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY/TOWN/COUNTY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY/TOWN/COUNTY at CITY's/TOWN's/COUNTY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY/TOWN/COUNTY subject to CITY's/TOWN's/COUNTY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. - Page 3 - 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. CONTRA COSTA COUNTY FLOOD CITY/T�WN CONTROL AND WATER F, Ce rr i CONSERVATION DISTRICT By: We' and Supervisors City/To Coun y Mana er - TEST: ATTEST: Phil Batchelor, Clerk of the Board of City/Town Clerk Supervisors and County Administrator By: By: . D uty Recommended for Approval: Recommended for Approval: J. Michael Walford 5fe�e Sf C Name Chief Engineer r Title By: Form Approved: Form Approved: Victor J. Westman City/TqWn Attorney County Counsel By: 1.4 611.1 F/'f I 4w4l By: Deputy Deputy LB:jlg \\PWS1\SHARDATA\GrpData\FldCtl\SWUF\BO\SW Utility Area Agmt.doc - Page 4 - STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF HERCULES This AGREEMENT, entered into on the 9th day of November, 1999, is between the City of Hercules, a municipal corporation of the State of California, hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY'S SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size - Page 1 - "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities'delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, DISTRICT shall charge CITY for Program Activity Costs. Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said - Page 2 - report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of Hercules County Flood Control District 111 Civic Drive 255 Glacier Drive Hercules, CA 94547 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal,year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. - Page 3 - 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. CONTRA COSTA COUNTY FLOOD CITY OF HERCULES CONTROL AND WATER CONS RVATION DISTRICT r By: By: ® anager r, B and of pervisors y A: EST: it Jerk Phil Batchelor, Clerk of the Board ofE AL Supervisors and County Administrator By: U--n' Veputy Reco Approval: Recommended for Approval: Name J. Michael Walford City Engineer Title Chief Engineer By: By: 7 Form Approved: Form Approved: City/Town Attorney Victor J. Westman County Counsel By: By: Deputy - Page 4 - RESOLUTION 99-106 A RESOLUTION APPROVING THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT) AND THE CITY OF HERCULES WHEREAS, the City Hercules,in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System(NPDES)permit for stormwater discharges; and, WHEREAS, on July 21, 1999,the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, Cities of Antioch,Brentwood and Contra Costa County have submitted the necessary application for a second Joint Municipal NPDES Permit which is awaiting approval by the Central Valley Regional Water Quality Control Board; and, WHEREAS, nineteen (19) municipalities approved a"Stormwater Utility Area and Program Group Costs Payment Agreement Between Contra Costa County Flood Control &Water Conservation District(referred to as "Cost Payment Agreement") and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled"Contra Costa Clean Water Program Agreement"has been approved collectively by all participating municipalities; and, WHEREAS,the Cost Payment Agreement has been amended to expire on December 31, 1999; and, WHEREAS, the"Cost Payment Agreement"has been modified to accurately reflect only the implementation of Stormwater Utility Assessments; and, WHEREAS,the"Cost Payment Agreement"has been renamed to the"Stormwater Utility Area Agreement"; and, WHEREAS,the "Stormwater Utility Area Agreement"has been reviewed by a subcommittee of the Contra Costa County City Attorney's Association who found the Agreement acceptable and did not recommend any changes to the document. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Hercules hereby authorize the City Manager to execute the Stormwater Utility Area Agreement subject to City Attorney's approval. The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 9th day of November, 1999 by the following vote of the Council: AYES: Blackmon, Paras, Taraya, Watson, Segerberg NOES: None ABSTAIN: None ABSENT: None -, ( i Terry e ton Segerberg,N fayor �Lj ATTEST: w P ' Rq I- re 11theWs, ity �e 5 BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE MATTER OF: Approving the Stormwater Utility Area Agreement Resolution 73-99 Between Contra Costa County Flood Control and Water Conservation District ("District") and the City of Lafayette )WHEREAS, the City of Lafayette, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities,has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES)permit for stormwater discharges; and WHEREAS, July 21, 1999,the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS, Cities of Antioch,Brentwood and Contra Costa County have submitted the necessary application for a second joint Municipal NPDES permit which is awaiting approval by the Central Valley Regional Water Quality Control Board; and WHEREAS,nineteen(19)municipalities approved a"Stormwater Utility Area and Program Group Costs Payment Agreement Between Contra Costa County Flood Control &Water Conservation District(referred to as"Cost Payment Agreement") and each participating municipality delineating activities to be taken jointly and the implementation of stormwater utility assessments; and WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled"Contra Costa Clean Water Program Agreement"has been approved collectively by all participating municipalities; and WHEREAS,the Cost Payment Agreement has been amended to expire on December 31, 1999; and WHEREAS,the"Cost Payment Agreement"has been modified to accurately reflect only the implementation of Stormwater Utility Assessments; and WHEREAS,the"Cost Payment Agreement"has been renamed to the "Stormwater Utility Area Agreement"; and WHEREAS,the"Stormwater Utility Area Agreement"has been reviewed by a subcommittee of the Contra Costa County City Attorney's Association who found the Agreement acceptable and did not recommend any changes to the document. NOW, THEREFORE BE IT RESOLVED: 1 Authorize the City Manager to execute the Stormwater Utility Area Agreement subject to City Attorney's approval. r 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED by the City Council of the City of Lafayette on October 25, 1999,by the following vote: AYES: Councilmembes Grodin, Strauss, Tatzin & Mayor Horn NOES: None ABSENT: Councilmember Samson ABSTAIN: None APPROVED: Erli g Horn,Mayor ATTEST: /Susan M. Jusaitis,,.City Clerk =OF - S RUE COPY C RETTE,CALIFO�t@�IlA Resolution 73-99 Page 2 of 2 STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF LAFAYETTE This AGREEMENT, entered into on the 25th day of October, 1999, is between the City of Lafayette, a municipal corporation of the State of California,hereinafter"CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California,hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES)permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee,hereinafter referred to as COMMITTEE,has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT,the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY and COUNTY,respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: • Inspection of existing drainage facilities • Cleaning of existing drainage facilities through the removal of vegetation and debris • Repair of channel erosion and washouts • Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY: (a)the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and(c)the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessment for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment database, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. Stormwater Utility Area Agreement Page 2 of 4 6. DISBURSEMENT OF FUNDS TO CITY: Annually,but not later than January 1, May 1, and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent(2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to, construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT that are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9, shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 Stormwater Utility Area Agreement Page 3 of 4 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of Lafayette County Flood Control District 3675 Mt. Diablo Blvd., Suite 210 255 Glacier Dr. Lafayette, CA 94549 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. CONTRA COSTA COUNTY FLOOD CITY OF L Y TTE CONTROL AND WATER CONSE N DIST By: • Steven FaK,City anager By: air, and of Q pervisors Attest: Susan M.7/1r Clerk C ttest: -�- Phil Batchelor,Clerk of the Board of By: Supervisors and County Administrator Recommen ed Pot pproval: By: 4Tony Coe,Ci ng eer Dep ._ By: Recommended for Approval: J.Michael Walford,Chief En Form Approved: By Charles J.Williams,City Attorney Form Approved: By: Victor J.Westman, ounty Counsel By: 1A& , 'Lili.111 Deputy Stormwater Utility Area Agreement Page 4 of 4 RESOLUTION NO. 128-99 APPROVING THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT) AND THE CITY OF MARTINEZ WHEREAS, the City of Martinez in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS, Cities of Antioch, Brentwood and Contra Costa County have submitted the necessary application for a second Joint Municipal NPDES Permit which is awaiting approval by the Central Valley Regional Water Quality Control Board; and WHEREAS, nineteen (19) public agencies approved a "Stormwater Utility Area and Program Group Costs Payment Agreement with Contra Costa County Flood Control and Water Conservation District (referred to as "Cost Payment Agreement") and each participating public agency delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by all participating municipalities; and WHEREAS, the Cost Payment Agreement has been amended to expire on December 31, 1999; and WHEREAS, the "Cost Payment Agreement" has been modified to accurately reflect only the implementation of Stormwater Utility Assessments; and WHEREAS, the "Cost Payment Agreement" has been renamed to the "Stormwater Utility Area Agreement"; and WHEREAS, the "Stormwater Utility Area Agreement" has been reviewed by a subcommittee of the Contra Costa County City Attorney's Association who found the Agreement acceptable and did not recommend any changes to the document. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARTINEZ DOES HEREBY RESOLVE AS FOLLOWS: 1. The City Manager is authorized to execute the Stormwater Utility Area Agree-ment subject to City Attorney's approval. 2 . This resolution shall become effective immediately upon its passage and adoption. 3 . Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution duly adopted by the City Council of the City of Martinez at a Regular Meeting of said Council held on the 3rd day of November, 1999 by the following vote: AYES: Councilmembers Lewis, Ross, Woodburn, Vice Mayor Schroder and Mayor Menesini NOES: None ABSENT: None RICHARD G. HERNANDEZ, CITY LE CITY OF MARTINEZ I HEREBY CERTIFY that this instrument is a true and correct copy of the original on file in this office. RICHARD G. HERNANDEZ, CITY CLERK ;' CITY OF gZ r STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF MARTINEZ This AGREEMENT,entered into on the 7th day of December , 1999 is between the City of Martinez, a municipal corporation of the State of California, hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK:CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of an SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated limits of CITY. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surfaces within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: • Inspection of existing drainage facilities • Cleaning of existing drainage facilities through the removal of vegetation and debris • Repair of channel erosion and washouts • Replacement of deteriorated pipes with new pipes of corresponding size - Page 1 - "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERU's in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually,by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on a said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the COUNTY Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents,adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, DISTRICT shall charge CITY for Program Activity Costs, Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT FUNDS TO CITY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controllerto disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree,the issue will be referred to the COMMITTEE for final determination. - Page 2 - 8. COST-ACCOUNTING/ANNUALREPORT:CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICTwith a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify,save and hold harmless the other party, its governing body, officers and employees from and against any and all claims,demands,suits,costs,expenses and liability for any damages,injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in Subsection A above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed bylaw. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days wriften notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: City Manager City of Martinez County Flood Control District 525 Henrietta Street 255 Glacier Drive Martinez, CA 94553 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION:This AGREEMENTshall be subject to modification only by the wriften agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions; however,unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. - Page 3 - CONTRA COSTA COUNTY FLOOD CITY OF MARTINEZ CONTROL AND WATER CONSERVATION DISTRICT By: By: 0"OkQOU -a 'B*d of Supervisors City Manager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Richard Hernandez, City Clerk Supervisors and COUNTY Administrator By: _ (117'� By: DepOy Deputo Recommended for Approval: Recommended for Approval: James W. Zumwalt J. Michael Walford Chief Engineer By: Ao�� Ll-'aeAw By: Acting City Ev neer Title Form Approved: Form Approved: Victor J. Westman Jeff Walter County Counsel City Attorney By: B y: n 4A X&I Deputy Page 4 - BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA Approving the Stormwater Utility Area ) Agreement Between Contra Costa County } Resolution No. 40-99 Flood Control and Water Conservation District ) (District) and the Town of Moraga } WHEREAS, the Town of Moraga in conjunction with the Contra Costa County flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination system (NPDES) permit for stormwater dischaiges; and WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction: and WHEREAS, Cities of Antioch, Brentwood and Contra Costa County have submitted the necessary application for a second Joint Municipal NPDES Permit which is awaiting approval by the Central Valley Regional Water quality Control Board; and WHEREAS, nineteen (19) municipalities approved a "Stormwater Utility Area and Program Group Costs Payment Agreement Between Contra Costa County Flood Control & Water Conservation District (referred to as "Cost Payment Agreement")..." and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by all participating municipalities; and WHEREAS, the Cost Payment Agreement has been amended to expire on December 31, 1999; and WHEREAS, the "Cost Payment Agreement" has been modified to accurately reflect only the implementation of Stormwater Utility Assessments; and WHEREAS, the "Cost Payment Agreement" has been renamed to the "Stormwater Utility Area Agreement"' and WHEREAS, the "Stormwater Utility Area Agreement" has been reviewed by a subcommittee of the Contra Costa County City Attorney's Association who found the Agreement acceptable and did not recommend any changes to the document. NOW THEREFORE BE IT RESOLVED, the Town of Moraga does resolve as follows: 1. Authorize the Town Manager of Moraga to execute the Stormwater Utility Area Agreement subject to Town Attorney's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED by the Town Council of the Town of Moraga on November 10, 1999 by the following vote: AYES: Mayor John Connors, Vice Mayor Dennis Cunnane, Councilmember Ron Enzweiier, Councilmember Dennis Cunnane and Councilmember William Vaughn { NOES: None ABSTAIN: None ABSENT: None Ora © � Mayor ' y rCv Ross G. Hubbard, Town Cie k STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND TOWN OF MORAGA This AGREEMENT, entered into on the 7 day of Decembeg 1999, is between the "CITY"/"TOWN"/"COUNTY" of Moraga , a municipal corporation of the State of California, hereinafter"CITY"/"TOWN"/"COUNTY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY/TOWN/COUNTY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY/TOWN/COUNTY must implement the Performance Standards identified for their CITY/TOWN/COUNTY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY/TOWN/COUNTY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY/TOWN/COUNTY. At the request of CITY/TOWN/COUNTY, DISTRICT has completed the process for formation of a SUA for CITY/TOWN/COUNTY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY/TOWN/COUNTY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's/TOWN's/COUNTY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITYITOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size - Page 1 - "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY/TOWN/COUNTY (a) the number of ERUs in the CITY's/TOWN's/COUNTY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY/TOWN/COUNTY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY/TOWN/COUNTY and expenditure by CITY/TOWN/COUNTY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, DISTRICT shall charge CITY/TOWN/COUNTY for Program Activity Costs. Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's/TOWN's/COUNTY's SUA Fund for CITY's/TOWN's/COUNTY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY/TOWN/COUNTY upon request. 6. DISBURSEMENT OF FUNDS TO CITY/TOWN/COUNTY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY/TOWN/COUNTY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY/TOWN/COUNTY USE OF REVENUE: CITY/TOWN/COUNTY agrees to expend the 1evenue received fiµ'om the Gu, l Sollell'y'for NRDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY/TOWN/COUNTY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY/TOWN/COUNTY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. - Page 2 - 8. COST ACCOUNTING/ANNUAL REPORT: CITY/TOWN/COUNTY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY/TOWN/COUNTY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY/TOWN/COUNTY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY/TOWN/COUNTY acknowledges that the obligation set forth in subsection A above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY/TOWN/COUNTY of the data furnished under this AGREEMENT, and CITY/TOWN/COUNTY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's/TOWN's/COUNTY's execution of this agreement does not bind the CITY/TOWN/COUNTY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY/TOWN/COUNTY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY/TOWN/COUNTY DISTRICT County Flood Control District 255 Glacier Drive Martinez, CA 94553 If either party terminates this AGREEMENT, CITY/TOWN/COUNTY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY/TOWN/COUNTY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY/TOWN/COUNTY at CITY's/TOWN's/COUNTY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY/TOWN/COUNTY subject to CiTY`sF1"'OWN's/COUNTY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. - Page 3 - 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. CONTRA COSTA COUNTY FLOOD eW/TOWN/eOtifff W CONTROL AND WATERS CONSERVATION DISTRICT By: BY� t � ' Ch ' , B6-afd of pervisors -/Town/meq Manager ATTEST: ATTEST: c Pul-y Phil Batchelor, Clerk of the Board of /Town Clerk Supervisors and County Administrator Y y: Did" uty IT Recommended for Approval: Recommended for Approval: J. Michael Walford Name Chief Engineer Title By: BY: Form Approved: Form Approved: Victor J. Westman City/Tow Attorney, County Counsel � ,, - By: BY: Deputy Deputy LB:jlg \\PWS1\SHARDATA\GrpData\FldCtl\SWUF\BO\SW Utility Area Agmt.doc - Page 4 - BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of. Approving the Stormwater Utility Area ) Agreement Between Contra Costa ) County Flood Control and Water ) Resolution No. 53-99 Conservation District and the City ) of Orinda ) WHEREAS, the City of Orinda, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS, Cities of Antioch, Brentwood and Contra Costa County have submitted the necessary application for a second Joint Municipal NPDES permit which is awaiting approval by the Central Valley Regional Water Quality Control Board; and WHEREAS, nineteen (19) municipalities approved a "Stormwater Utility Area and Program Group Costs Payment Agreement between Contra Costa County Flood Control and Water Conservation District (referred to as "Cost Payment Agreement") and each participating municipality delineating activities to be taken jointly; and the implementation of stormwater utility assessments; and WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by all participating municipalities; and WHEREAS, the Cost Payment Agreement has been amended to expire on December 31, 1999; and WHEREAS, the Cost Payment Agreement has been modified to accurately reflect only the implementation of Stormwater Utility Assessments; and WHEREAS, the Cost Payment Agreement has been renamed the "Stormwater Utility Area Agreement"; and Resolution No. 53-99 Page 1 of 2 WHEREAS, the Stormwater Utility Area Agreement has been reviewed by a subcommittee of the Contra Costa County City Attorneys' Association which found the Agreement acceptable and did not recommend any changes to the document. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Orinda does hereby authorize the City Manager of Orinda to execute the Stormwater Utility Area Agreement subject to the City Attorney's approval. :a.. Be it further resolved that this resolution shall become effective immediately upon its passage and adoption, and that three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. Adopted by the City Council of the City of Orinda at a regular meeting on November 2, 1999 by the following vote: AYES: COUNCILMEMBERS: Hawkins, Tabor, Wheatland, Worth, Abrams NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None l - .-- Laura Abrams,Mayor ATTEST: Mary ElVworth, City Clerk - ERTIR DT f Copy hAAFWR. ELLSWORTH C otthe Oity of per,Ca y Resolution No. 53-99 Page 2 of 2 STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF ORINDA This AGREEMENT, entered into on the 7 th day of December , 1999, is between the City of Orinda, a municipal corporation of the State of California, hereinafter CITY and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter DISTRICT. The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: The CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the developement and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the Federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of the CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. Page 1 of 5 "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: • Inspection of existing drainage facilities • Cleaning of existing drainage facilities through the removal of vegetation and debris. • Repair of channel erosion and washouts • Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvement" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall, by resolution, request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: The DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, DISTRICT shall charge CITY for Program Activity Costs. Monthly, DISTRICT Page 2 of 5 shall calculate the proration of Program Activity costs. DISTRICT shall debit the CITY's SUA Fund for City's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely got NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree, the issued will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide District with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this AGREEMENT and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in Subsection A above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. Page 3 of 5 Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this Section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this AGREEMENT does not bind the CITY in any way to continue participation in the Joint Municipal NPDES Permit. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTICT City Manager County Flood Control District City of Orinda Glacier Drive Box 2000 Martinez, CA 94553 Orinda, CA 94563 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to the CITY's compliance with Section 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. CONTRA COSTA COUNTY FLOOD CITY OF ORINDA CONTROL AND WATER CONSERVATION DISTRICT By By: r air, B d of Supervisors City Manager EST: ATTEST: it Batchelor, Clerk of the Board of City Clerk Supervisors and County Administrator Page 4 of 5 ByBy:--..,". fd,�LB '1 rt Recommen ed for Approval: Recommended for Approval: J. Michael Walford Andrew S. Gaber Chief Engineer Acting Public Works Director By By: Form Approved: Form Approved: Victor J. Westman Linda Roodhouse County Counsel City Attorney By Y eputy Page 5 of 5 BEFORE THE CITY COUNCIL OF THE CITY OF PINOLE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA Resolution Approving the ) Stormwater Utility Area Agreement ) between Contra Costa County Flood ) RESOLUTION NO. 154-99 Control and Water Conservation District ) (District) and the City of Pinole ) WHEREAS, the City of Pinole in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, Cities of Antioch, Brentwood and Contra Costa County have submitted the necessary application for a second Joint Municipal NPDES Permit which is awaiting approval by the Central Valley Regional Water Quality Control Board; and, WHEREAS, nineteen (19) municipalities approved a "Stormwater Utility Area and Program Group Costs Payment Agreement Between Contra Costa County Flood Control & Water Conservation District (referred to as "Cost Payment Agreement"). . ." and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has X.Z17Y ACTION\RESOLUTIONS119991COUNCILWPDES AGREEMENT.DOC 1 been approved collectively by all participating municipalities; and, WHEREAS, the "Cost Payment Agreement" has been amended to expire on December 31, 1999; and, WHEREAS,the "Cost Payment Agreement: has been modified to accurately reflect only the implementation of Stormwater Utility Assessments; and, WHEREAS, the "Cost Payment Agreement"has been renamed to the "Stormwater Utility Area Agreement;" and, WHEREAS, the "Stormwater Utility Area Agreement" has been reviewed by a subcommittee of the Contra Costa County City Attorney's Association who found the Agreement acceptable and did not recommend any changes to the document. NOW, THEREFORE, The Pinole City Council does resolve as follows: 1. Authorize the City Manager to execute the Stormwater Utility Area Agreement subject to City Attorney's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED this 2nd day of November 1999 by the following vote: AYES: COUNCILMEMBERS: Boyle, Horton, Murray, & Alegria NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None I hereby certify that the foregoing is a true and --� correct copy of the original document on file in the DAWN G. AB HAMSON, CMC/AAE City Clerk's office, city of Pinole, contra Costa DEPUTY CITY CLERK County,state of California. Dawn G.Abrahamson, ep Clerk of the Ci of Pinole X.',CITY ACTIONIR E SOL UTIONS\1999,COUNCIL`NPDES AGREEMENT DOC ^ L DO: STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PINOLE This AGREEMENT, entered into on the 7th day of Dece ver 1999, is between the City of Pinole, a municipal corporation of the State of California, hereinafter "CITY" and the Contra Costa Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT." The parties to the AGREEMENT mutually agree and promise as follows: 1. Purpose and Scope of Work: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for an on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. Definitions: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility 1 \\CIVIC\SYS\PUBWKS\PROGRAMS\NPDES\SUA Agreement.doc Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: • Inspection of existing drainage facilities • Cleaning of existing drainage facilities through the removal of vegetation and debris • Repair of channel erosion and washouts • Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the US as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. Establishment of Assessments: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 2 \\CIVIC\SYS\PUBWKS\PROGRAMS\NPDES\SUA Agreement.doc 4. Collection of Assessments: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. Fund Administration: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment database, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, DISTRICT shall charge CITY for Program Activity Costs. Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. Disbursement of Funds to CITY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor- Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY Use of Revenue: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. Cost Accounting/Annual Report: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 3 \\CIVIC\SYS\PUBWKS\PROGRAMS\NPDES\SUA Agreement.doc 9. Insurance and Hold Harmless: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. Agreement Termination: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: City District City of Pinole County Flood Control District 2131 Pear St 255 Glacier Dr Pinole, CA 94564 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue 4 \\CIVIC\SYS\PUBWKS\PROGRAMS\NPDES\SUA Agreement.doc for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. Agreement Modification: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. Agreement Expiration: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. Contra Costa County Flood Control City of Pinole and Water Conservation District • By: By: C i , B ar f Supervisors City Manager test: Attest: Phil Batchelor, Clerk of the Board of Dawn G. Abrahamson Supervisors and County Administrator Deputy City Clerk By: - Deputy Recommended for Approval: Recommended for Approval: J. Michael Walford G. Keith Freeman Chief Engineer Public Works Director By Form Approved: Form Approved: Victor J. Westman Michael Riback County Counsel City Attorney B By:. 5 \\CIVIC\SYS\PUBWKS\PROGRAMS\NPDES\SUA Agreement.doc November 16, 1999 State of California County of Contra Costa City of Pittsburg I,Kathleen C. Meidinger, City Clerk in and for said City Council, City of Pittsburg, County of Contra Costa,State of California,do hereby certify that the hereto attached and foregoing document is a full,true and correct copy of City Council Resolution No.99-9068,on file in this office of said City. WITNESS, my hand, and Official Seal this 16' day of November., 190+9. Kathleen C. Meidinger Deputy City Clerk BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: A Resolution Approving The ) Stormwater Utility Area Agreement ) Between The Contra Costa County ) RESOLUTION NO 9 9-9 0 6 8 Flood Control And Water Conservation ) District (District) And ) The City Of Pittsburg ) WHEREAS, the City of Pittsburg in conjunction with the Contra Costa County Flood Control District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollution Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, Cities of Antioch, Brentwood and Contra Costa County have submitted the necessary application for a second Joint Municipal NPDES permit, which is awaiting approval by the Central Valley Regional Water Quality Control Board; and, WHEREAS, nineteen (19) municipalities approved a "Stormwater Utility Area and Program Group Costs Payment Agreement Between Contra Costa County Flood Control and Water Conservation District (referred to as "Cost Payment Agreement") ..." and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by all participating municipalities; and, WHEREAS, the "Cost Payment Agreement" has been amended to expire on December 31, 1999; and, WHEREAS, the "Cost Payment Agreement" has been modified to accurately reflect only the implementation of Stormwater Utility Assessments; and, WHEREAS, the "Cost Payment Agreement" has been renamed to the "Stormwater Utility Area Agreement"; and, Page 1 of 2 WHEREAS, the "Stormwater Utility Area Agreement" has been reviewed by a subcommittee of the Contra Costa County City Attorneys' Association who found the Agreement acceptable and did not recommend any changes to the document. NOW, THEREFORE, the City Council finds and determines as follows: 1. The City Manager is authorized to execute the Stormwater Utility Area Agreement subject to the City Attorney's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15' day of November 1999, by the following vote: AYES: Councilmember Aiello , Anzini, Lewis , Quesada and Mayor Glover NOES: None ABSTAINED: None ABSENT: None Federal D. blover, Mayor ATTEST: Lillian J. Pride, City Clerk Resolution No . 99-9068 Page 2 of 2 LAW OFFICES _ WOODS & DAUBE LLP 790 BROADWAY MICHAEL R.WOODS' SONOMA,CALIFORNIA 95476-7011 ORANGE COUNTY OFFICE LINDA L. DAUBE' 980 WEST 17TH STREET,SUITE C KATHERINE J.HART (70FC 96-1776 SANTA ANA,CALIFORNIA 92706 ;TITffN RITA J.TAYLOR (707) 9319 D (714)285-1 817 OF COUNSEL �J A PROFESSIONAL CORPORATION ��;.fT 2 3 1999 VIA FACSIMILE & U.S. MAIL PLANNING DIVISION COMMUNITY DEVELOPMENT CITY OF PITTSBURG File No.: CNL 500 MEMORANDUM TO: Ken Strelo, Planning Technician/Stormwa Coordinator FROM: Michael R. Woods, City Attorney Kate Hart, Deputy City Atto DATE: October 22, 1999 RE: Stormwater Utility Area Agreement between the Contra Costa Flood Control and Water Conservation District and the City of Pittsburg You have asked that we review the proposed Stormwater Utility Area Agreement ("Agreement") between the Contra Costa Flood Control and Water Conservation District and the City of Pittsburg ("City") and other cities within Contra Costa County ("County"). Upon receipt of your memorandum, I requested that you forward a copy of the County's Ordinance No. 93-47 and the relevant enabling legislation for Stormwater Utility Areas. You provided this information to me immediately. Having reviewed the proposed Agreement, the County's ordinance and the enabling legislation, it appears that the Agreement has been prepared in accordance with relevant laws. AsSuming the finati?ed Agreement does not materially alter any of the provisions in the proposed Agreement, the Agreement meets legal requirements and(if approved) may be executed. If you have any questions or comments, please feel free to call me. cc: Jeffrey C. Kolin, City Manager Nasser Shirazi, City Engineer PITTSBURG\PLANNING\MSTRELO.STORMWATERAGREEMENT STORMWATER UTILITY AREA AGREEMENT BETWEEN THE _ CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PITTSBURG This AGREEMENT, entered into on the 15' day of November 1999, is between the City of Pittsburg, a municipal corporation of the State of California, hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. Pagel of 5 "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. Page 2 of 5 DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, DISTRICT shall charge CITY for Program Activity Costs. Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSENMNT OF FUNDS TO CITY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Storrawater Utility funding. If CITY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. Page _3) of 5 C. Nothing. in this AGREEMENT is intended to or shall be construed to affect the legal = liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of Pittsburg County Flood Control District 65 Civic Avenue 255 Glacier Drive PO Box 1518 Martinez, CA 94553 Pittsburg, CA 94565 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. Page 4 of CONTRA COSTA COUNTY FLOOD CITY OF CONTROL AND WATER PITTSBURG CONSERVATION DISTRICT By: By: Chair, Board of Supervisors Jeffre 1 , City Manager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Lillian J. Pride, City Clerk Supervisors and County Administrator By: B A l Deputy Recommended for Approval: Recommended for Approval: J. Michael Walford Name Chief Engineer - Title By: By: Form Approved: Form Approved: Victor J. Westman City Attorney County Counsel By: By: Deputy Page 5 of 5 OFFICE OF THE CITY MANAGER Administrative Offices 2020 Railroad Avenue Pittsburg, CA 94565 DATE: November 15, 1999 TO: Mayor and City Council FROM: Jeffrey C. Kolin, City Manager SUBJECT: National Pollution Discharge Elimination System (NPDES) "Stormwater Utility Area Agreement". BACKGROUND In 1972, the Federal Water Pollution Act (also referred to as the Clean Water Act [CWA]) was amended to provide that the discharge of pollutants to waters of the United States from any point source is unlawful unless the discharge is in compliance with a National Pollution Discharge Elimination System (NPDES) permit. The Contra Costa Clean Water Program is the centerpiece of Contra Costa County's Joint NPDES permit. The Contra Costa Clean Water Program (Program) is composed of the Contra Costa Flood Control and Water Conservation District (District), and Contra Costa County and eighteen (18) of its incorporated cities. The City of Pittsburg is one of the municipalities currently entered into a "Cost Payment Agreement" with the District. This agreement is a result of the Program's first Joint Municipal NPDES Permit. It allows the District to collect fees associated with stormwater assessments and Program Activities. The District keeps separate funds for each co-permitee, and disperses them accordingly. The fees are determined by an Equivalent Runoff Unit (ERU), which is the service charge rating assigned to each parcel within the Stormwater Utility Area (SUA) based on its land use. Page 1 of 2 STAFF ANALYSIS The City must now enter into a new agreement with the District in order to continue to receive NPDES funds. When the Program began working on the NPDES Permit (1999/2004), the Contra Costa County City Attorneys' Association recommended a new agreement specifically related to the implementation of joint activities and separate from the imposition of stormwater utility assessments. The result was a "Program Agreement" (already adopted by all co- permitees) and the "Stormwater Utility Area Agreement" (subject of this resolution). The existing "Cost Payment Agreement" has been modified to delete all Program related language, and renamed "Stormwater Utility Area Agreement". The City Attorney's office has reviewed the proposed Stormwater Utility Area Agreement. On October 22, 1999 a memo (attached) was sent to the City Stormwater Coordinator stating that the Agreement, as reviewed, met legal requirements and if approved, may be executed. The City must return three (3) certified copies of this resolution and three (3) signed originals of the Agreement to the Assistant Chief Engineer of the District by November 19, 1999. Failure to ignore this deadline may result in no Agreement. RECOMMENDATION Adopt the attached resolution authorizing execution of the Stormwater Utility Area Agreement between the Contra Costa Flood Control and Water Conservation District and the City of Pittsburg. Jef ey lin, City Manager ATTACHMENTS: Resolution No. 9 9-9 0 6 8 Stormwater Utility Area Agreement Memo by Michael Woods, City Attorney and Kate Hart, Deputy City Attorney Report Prepared By: Kenneth W. Strelo, Planning Technician/Stormwater Coordinator Page 2 of 2 STORMWATER UTILITY AREA AGREEMENT BETWEEN THE _ CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PITTSBURG This AGREEMENT, entered into on the 15'day of November 1999, is between the City of Pittsburg, a municipal corporation of the State of California, hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. Page 1 of 5 "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. Page 2 of 5 DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, _ DISTRICT shall charge CITY for Program Activity Costs. Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other parry, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A—above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. Page 3 of 5 C. Nothing.in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERIVIINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of Pittsburg County Flood Control District 65 Civic Avenue 255 Glacier Drive PO Box 1518 Martinez, CA 94553 Pittsburg, CA 94565 If either parry terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither parry shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. Page 4 of 5 CONTRA COSTA COUNTY FLOOD CITY OF - CONTROL AND WATER PITTSBURG CONSERVATION DISTRICT By: By Chair,#ardof pervisors Jeffre , City Manager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Lillian J. Pride, City Clerk Supervisors and County Administrator 1 8 ALA By: De Recommended for Approval: Recommended for Approval: J. Michael Walford Name Chief Engineer Title BLBy: Form Approved: Form Approved: Victor J. Westman City Attorney County Counsel By: � /A IV By: w-w-14; 4- Deputy y Page 5 of 5 RESOLUTION NO. 98-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AUTHORIZING THE CITY MANAGER TO EXECUTE A STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PLEASANT HILL WHEREAS, the Federal Water Pollution Control Act requires that stormwater discharges are to be regulated in urbanized areas by a National Pollution Discharge Elimination System (NPDES) permit; and WHEREAS, in 1993 the City of Pleasant Hill applied for and received an NPDES permit which requires the implementation of its Stormwater Management Plan to minimize pollutants from entering stormwaters; and WHEREAS, in 1993 the Contra Costa County Flood Control and Water Conservation District established a stormwater utility district area at the request of the City of Pleasant Hill to provide funds to implement requirements of the NPDES permit; and WHEREAS, on December 14, 1993 the City entered into an agreement with the Contra Costa County Flood Control and Water Conservation District which establishes the rights and responsibilities for administering a joint agency program to implement the permitted Storm Water Management Plan and for the use of revenues from the stormwater utility district area; and WHEREAS, the December 14, 1993 agreement is set to expire on December 31, 1999; and WHEREAS, a new Stormwater Utility Area Agreement has been drafted to replace the soon to be expiring December 14, 1993 Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill desires to continue participation in the Contra Costa Clean Water Program and benefit from the established Stormwater Utility District area. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute a Stormwater Utility Area Agreement Between the Contra Costa County Flood Control and Water Conservation District and the City of Pleasant Hill (attached) on behalf of the City. ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of said Council held on the 1st day of November , 1999 by the following vote: AYES: Brandt, Cooper, Escover, Williamson, Mace NOES: None ABSENT: None J DELOS M. MACE, Mayor ATTEST: --- DORIS P. NILSEN, City Clerk APPROVED AS TO FORM: DEBRA S. MARGOLIS, 'ty Attorney �. CWIFI TRUECOPY DEPUTYCITY51RK,CITY OF PLEASANT 1-11Y p:\todd\npdes\cstpynew.doc STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND The City of Pleasant Hill This AGREEMENT, entered into on the .7th day of December 1999, is between the "CITY"/"TOWN"/"COUNTY" ofPleasant Hilla municipal corporation of the State of California, hereinafter"CITY"/'TOWN"/"COUNTY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY/TOWN/COUNTY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY/TOWN/COUNTY must implement the Performance Standards identified for their CITY/TOWN/COUNTY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY/TOWN/COUNTY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY/TOWN/COUNTY. At the request of CITY/TOWN/COUNTY, DISTRICT has completed the process for formation of a SUA for CITY/TOWN/COUNTY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY/TOWN/COUNTY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's/TOWN's/COUNTY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris Repair'of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size - Page 1 - "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY/TOWN/COUNTY (a) the number of ERUs in the CITY's/TOWN's/COUNTY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY/TOWN/COUNTY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY/TOWN/COUNTY and expenditure by CITY/TOWN/COUNTY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, DISTRICT shall charge CITY/TOWN/COUNTY for Program Activity Costs. Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's/TOWN's/COUNTY's SUA Fund for CITY's/TOWN's/COUNTY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY/TOWN/COUNTY upon request. 6. DISBURSEMENT OF FUNDS TO CITY/TOWN/COUNTY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY/TOWN/COUNTY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CiT'YiTOWN/COUNTY USE OF REVEisUE: CIT1r'iTOVVN/COUNTY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY/TOWN/COUNTY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY/TOWN/COUNTY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. - Page 2 - 8. COST ACCOUNTING/ANNUAL REPORT: CITY/TOWN/COUNTY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY/TOWN/COUNTY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY/TOWN/COUNTY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY/TOWN/COUNTY acknowledges that the obligation set forth in subsection A above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY/TOWN/COUNTY of the data furnished under this AGREEMENT, and CITY/TOWN/COUNTY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's/TOWN's/COUNTY's execution of this agreement does not bind the CITY/TOWN/COUNTY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY/TOWN/COUNTY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY/TOWN/COUNTY DISTRICT City of Pleasant Hill County Flood Control District 100 Gregory Lane 255 Glacier Drive Pleasant Hill, CA 94523 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY/TOWN/COUNTY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY/TOWN/COUNTY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY/TOWN/COUNTY at CITY's/TOWN's/COUNTY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY/TOWN/COUNTY subject to CITY's/TOWN's/COUNTY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. - Page 3 - 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. CONTRA COSTA COUNTY FLOOD CITY/TOWN/COUNTY OF CONTROL AND WATER Pleasant Hill CONSERVATION DISTRICT By: By: ,2 '&E-00 Chair oafdupervisors Cit y Manager Joseph M. Tanner ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of City/Town Clerk Supervisors and County Administrator By: By• D ty Doris P. Nilsen Recommended for Approval: Recommended for Approval: J. Michael Walford Leary F . Wong Name Chief Engineer Title By: By: Form Approved: Form Approved: Victor J. Westman City/Town Attorney County Counsel By. By. DIAOA Debra S. Margolis Deputy Deputy LB:jlg \\PWS1\SHARDATA\GrpData\FldCtl\SWUF\BO\SW Utility Area Agmt.doc - Page 4 - RESOLUTION NO. 98 - 63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPROVING PARTICIPATION IN THE CONTRA COSTA CLEAN WATER PROGRAM, DESIGNATING THE CITY REPRESENTATIVES TO THE PROGRAM COMMITTEES AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFIED JOINT MUNICIPAL NPDES PROGRAM AGREEMENT (1998-2003) AND A COST PAYMENT AGREEMENT. WHEREAS, the Federal Water Pollution Control Act, as amended in 1987, stipulated that discharges of stormwater require permits from the appropriate California Regional Water Quality Control Boards under National Pollutant Discharge Elimination System (NPDES) regulations; WHEREAS,the State of California's San Francisco Bay and Central Valley Regional Water Quality Control Boards mandated that Contra Costa County, seventeen(17)of its incorporated cities and the Contra Costa County Flood Control & Water Conservation District be covered by areawide municipal permits; WHEREAS, the nineteen (19) agencies in Contra Costa County participated in permit application activities and received a Joint Municipal NPDES Permit from the San Francisco Bay and Central Valley Regional Water Quality Control Boards; WHEREAS, cooperative efforts between the Cities, County and the Flood Control District in the Joint Municipal NPDES Permits have minimized the costs of the Contra Costa County Clean Water Program to all parties; WHEREAS,NPDES Permit CA0029915 (from the San Francisco Bay Region) expires on September 15, 1998 and NPDES Permit CA0083313 (from the Central Valley Region) expires January 1, 1999; WHEREAS, all municipalities must file a Report of Waste Discharge under the NPDES Program in accordance with Title 23, California Code of Regulations, not later than 180 days in advance of such dates as application for reissuance of its Joint Municipal NPDES Permits; WHEREAS, the Central Valley Regional Water Quality Control Board has mandated that the City of Brentwood be covered by the next (second) Joint Municipal NPDES Permit; and WHEREAS, all twenty (20) agencies have participated in the development of a modified Program Agreement covering the next Joint Municipal NPDES Permit (1998-2003) delineating Program activities, structure, membership, costs and participation and the success of the application process is dependant on the cooperation of each participating agency. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Pablo shall continue to participate in the the Contra Costa County Clean Water Program and participate in implementation of a reissued Joint Municipal NPDES Permit agreeing to share in Program costs, provide appropriate staff support and provide detailed information necessary to implement the reissued Permit. BE IT FURTHER RESOLVED that the City Manager is hereby authorized Lo eXCCULC Lhe Contra Costa Clean Water Program Agreement (1998-1003)), as described in Attachment "A" and a Cost Payment Agreement, and the funds for the City of San Pablo's proportionate share of the group costs for Fiscal Year 1998/99 are hereby approved. BE IT FURTHER RESOLVED that the Public Works Division Manager and his/her designee are hereby designated as the City of San Pablo's representatives to the Program's committees. Adopted this 18`h day of May, 1998, by the following vote to wit: AYES: COUNCIL MEMBERS: Vigil, Wysinger, Brown, Gomes, Palmer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: APPROVED: /s/Charlotte Masz2ard /s/Johnny F. Palmer Charlotte Maggard, City Clerk Johnny F. Palmer, Mayor I HEREBY CERTIFY THAT THE F EGOINIGISAFULL, ' e2fi�P 0 AND CORRECT COPY OF ITY G. sdc File: JAWPFlLES\RES0S\PR0GAGR.RES,June 15, 1998 STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN PABLO This AGREEMENT, entered into on the 7th day of X1999, is between the City of San Pablo, a municipal corporation of the State of California, hereinafter"CITY" and the Contra,Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size - Page 1 - "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall.refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, DISTRICT shall charge CITY for Program Activity Costs. Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. - Page 2 - 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of San Pablo County Flood Control District One Alvarado Square 255 Glacier Drive San Pablo, CA 94806 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. - Page 3 - 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. CONTRA COSTA COUNTY FLOOD CITY OF SAN PABLO CONTROL AND WATER CONSERVATION DISTRICT _ By: By: Ch ' , B d o upervisors CITY Manage ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of City Clerk Supervisors and County Administrator r " By: By: De y Recommended for Approval: ec m ed for A proval: J. Michael Walford Adele M.D. Ho Chief Engineer Public Works Division Manager By: By: .- Form Approved: Form Approved: Victor J. Westman City Attorney County Counsel By: By: Deputy Sdc c npdes cwp file name:swutilit.doc Source doc: LB:jlg \\PWS1\SHARDATA\GrpData\FldCtl\SWUF\BO\SW Utility Area Agmt.doc - Page 4 - RESOLUTION NO. 99-141 A RESOLUTION OF THE CITY OF SAN RAMON AUTHORIZING THE MAYOR TO EXECUTE A STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN RAMON WHEREAS, the City of San Ramon, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit (1998/2003) for public agencies under its jurisdiction; and, WHEREAS, the Cities of Antioch, Brentwood, and Contra Costa County have submitted the necessary application for a second Joint Municipal NPDES Permit which is awaiting approval by the Central Valley Regional Water Quality Control Board; and, WHEREAS, eighteen municipalities approved a "Stormwater Utility Area and Program Group Costs Payment Agreement Between Contra Costa County Flood Control & Water Conservation District (referred to as "Cost Payment Agreement")" and each participating municipality delineated activities to be taken jointly; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by all participating municipalities; and, WHEREAS, the Cost Payment Agreement has been amended to expire on December 31, 1999; and, WHEREAS, the "Cost Payment Agreement" has been modified to accurately reflect only the implementation of Stormwater Utility Assessments; and, WHEREAS, the "Cost Payment Agreement" has been renamed to the "Stormwater Utility Area Agreement"; and, WHEREAS, the "Stormwater Utility Area Agreement" has been reviewed by a subcommittee of the Contra Costa County City Attorney's Association who found the Agreement acceptable and did not recommend any changes to the document. Page 1 of 2 NOW, THEREFORE BE IT RESOLVED, that the City Council for the City of San Ramon does hereby authorize the Mayor to execute the Stormwater Utility Agreement. PASSED, APPROVED AND ADOPTED at the meeting of the 91h day of November, 1999, by the following vote: AYES: Councilmembers Hudson, Kinney, Raab, Welm and Mayor Athan NOES: ABSTAIN: ABSENT: 1/141 T-Tr-onb. Athan, Mayor AES Ydy Macorlane, City?�rk tuff. tu'e anj azzut,ts zopy adopfed iy tA;X cay CL-4 Page 2 of 2 STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND City of San Ramon This AGREEMENT entered into on the q7h day of /�D VW �� � , 1999, is between the "CITY" of San Ramon, a municipal corporation of the State of California, hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property,having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size - Page 1 - "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. Monthly, DISTRICT shall charge CITY for Program Activity Costs. Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. - Page 2 - 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of San Ramon County Flood Control District 2222 Camino Ramon 255 Glacier Drive P.O. Box 5148 Martinez, CA 94553 San Ramon, CA 94583 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. - Page 3 - 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. CONTRA COSTA COUNTY FLOOD CITY OF SAN RAMON CONTROL AND WATER CONSERVATION DI TRICT By- By: 7ETT ,, ar f Supervisors Byron D. Athan, Mayor ST: ATTEST: Phil Batchelor, Clerk of the Board of City Clerk Supervisors and County Administrator By: � � By: ' De ty Judypacfarlan�) Recommended for Approval: Recommended for Approval: J. Michael Walford Joye Fukuda Chief Engineer City Engineer By: By: Form Approved: Form Approved: Victor J. Westman City Attorney County Counsel By:_ WA By: T�-L IL I - Deputy Bob Saxe L13-jig \\PWS1\SHARDATA\GrpData\FldCtl\SWUF\BO\SW Utility Area Agmt.doc - Page 4 - RESOLUTION NO. 99-60 A RESOLUTION APPROVING THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT) AND THE CITY OF WALNUT CREEK WHEREAS, the City of Walnut Creek, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES)permit for stormwater discharges; and, WHEREAS,on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, Cities of Antioch, Brentwood and Contra Costa County have submitted the necessary application for a second Joint Municipal NPDES Permit which is awaiting approval by the Central Valley Regional Water Quality Control Board; and, WHEREAS,nineteen(19)municipalities approved a"Stormwater Utility Area and Program Group Costs Payment Agreement Between Contra Costa County Flood Control & Water Conservation District(referred to as "Cost Payment Agreement") ..."and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled"Contra Costa Clean Water Program Agreement"has been approved collectively by all participating municipalities; and, WHEREAS,the Cost Payment Agreement has been amended to expire on December 31, 1999; and, WHER,E AS,the"Cost Payment Agreement"has been modified to accurately reflect only the implementation of Stormwater Utility Assessments; and, WHEREAS,the "Cost Payment Agreement"has been renamed to the "Stormwater Utility Area Agreement"; and, WHEREA , the "Stormwater Utility Area Agreement"has been reviewed by a subcommittee of the Contra Costa County City Attorney's Association who found the Agreement acceptable and did not recommend any changes to the document. NOW,THEREFORE BE IT RESOLVED, THE CITY OF WALNUT CREEK DOES RESOLVE AS FOLLOWS: 1 1. Authorize the City Manager to execute the Stormwater Utility Area Agreement subject to City Attorney's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED by the City Council of the City of Walnut Creek at a regular meeting thereof held on the 2nd day of November 1999,by the following called vote: AYES: Councilmembers: Wolfe, Hicks, Rainey, Abrams, Mayor Regalia NOES: Councilmembers: None ABSENT: Councilmembers: None /s/ Gwen Regalia Mayor of the City of Walnut Creek Attest: /s/Barbara M. Rivara, CMC City Clerk of the City of Walnut Creek I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Walnut Creek, County of Contra Costa, State of California, at a regular meeting of said Council held on the 2nd day of November 1999. C- y Clerk of the 6ty of Walnut Creek STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF WALNUT CREEK This AGREEMENT, entered into on the 2"d day of November, 1999, is between the "CITY OF WALNUT CREEK", a municipal corporation of the State of California, hereinafter"CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. - Page 1 - v "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation anddebris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from sto rmwate rs. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. - Page 2 - DISTRICT shall maintain accounting records for all Program Activity expenditures_ Monthly, DISTRICT shall charge CITY for Program Activity Costs. Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY/TOWN/COUNTY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, - Page 3 - indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be gonstrued to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of Walnut Creek County Flood Control District 1666 North Main Street 255 Glacier Drive Walnut Creek, CA 94596 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. - Page 4 - CONTRA COSTA COUNTY FLOOD CITY OF WALNUT CREEK CONTROL AND WATER CONSERVATION DISTRICT By: By: . - Chair, B and of upervisors Don Blubaugh, City Manager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Barbara Rivara, City Clerk Supervisors and County Administrator By: By� De6/y Recommended for Approval: Recommended for Approval: J. Michael Walford Frank Kenned �ngineer Chief Engineer By: By: - ` Form Approved: Form Approved: Victor J. Westman Thomas Haas, City Attorney County Counsel By: By. C:\NPDES\NPDESAdmin\SW Utility Area Agmt.doc - Page 5 -