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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-310 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL & NATER CONSER'YATION DISTRICT Adopted this Resolution on May 14, 2002 by the following vote: AYES: SUPERVISORS GERBER, UILKEMA, DESAULNIER, GLOVER., AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 310 (West Water Code App, Ch. 63 Sec. 12.2 and 12.3) SUBJECT: NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2002-2003 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 18, COUNTYWIDE. The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control &Water Conservation District,RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act,hereinafter referred to as Act,provides authority for said Governing Body to establish Stormwater Utility Areas,and adopt ordinance for Stormwater Utility Assessments; and The Board, On June 22, 1993, established Stormwater Utility area 1 (Antioch), 2 (Clayton), 3 (Concord), 4 (Danville), 5 (El Cerrito), 6 (Hercules), 7 (Lafayette), 8 (Martinez), 9 (Moraga), 10 (O inda), 11 (Pinole), 12(Pittsburg), 13 (Pleasant Hill), 14(San Pablo), 15(San Ramon), 16(Walnut Creek), 17 (Unincorporated County), and on May 9, 2000 established Stormwater Utility area 18 (Oakley). These areas consist of that real property located in the incorporated limits of the cities indicated and the unincorporated County; and I hereby certify that this is a true and correct copy of DHE:LMcjd an action taken and entered on the minutes of the G:\GrpData\F7dCtl\Administration\Board Orders\RESO 5-14-02 SWLJF.doc Board of Supervisors on the date shown. Orig.Dept.:Public works{FCD} Contact: Linda Martinez(925)313-2279 ATTESTED:_ MAY 14, 2002 cc: Dean Eckerson,Public works County Assessor JOHN SWEETEN, Clerk of the Board of Supervisors County Auditor/Controller and County Administrator County Counsel County Treasurer-Tax Collector r L�' -- Public works—NPDES By ,Deputy File copy RESOLUTION No. 20021 3.10 I SUBJECT: NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF A STORMWATER UTILITY ASSESSMENT FOR FISCAL YEAR 2002-2003 FOR STORMWATER UTILITY AREAS NO. 1 THORUGH 18, COUNTYWIDE DATE: MAY 14, 2002 PAGE: 2 of 2 This Board also has before it the Chief Engineer's report providing an estimate of the cost of the National Pollutant Discharge Elimination System(NPDES)permit activities to be borne by property in the individual Stormwater Utility Areas. This report will be on file with and may be examined at the office of th.LClerk of the Board of Supervisors,Administration Building,Martinez, California. The public hearing to adopt Fiscal Year 2002-2003 Stormwater Utility Assessments, shall be held within 30 days after the filing of the report. It is proposed that Stormwater Utility Assessments for Fiscal Year 2002-2003 be adopted for Stormwater Utility Areas 1 through 18; and At 9:30 a.m. on June 11, 2002, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California,this Board will conduct a public hearing on the adoption of Fiscal Year 2002-2003 Stormwater Utility Assessments. At the hearing,this Board will hear and pass upon any and all written and oral objections to the adoption of the proposed Fiscal Year 2002-2003 Stormwater Utility Assessments. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The Clerk of the Board is DIRECTED to publish a Notice of Hearing,pursuant to Government Code 6066, once a week for two (2) successive weeks prior to the hearing in the West County Times, Contra Costa Times,and Antioch Daily Ledger newspapers of general circulation,circulated in areas proposed to adopt Fiscal Year 2002-2003 Stormwater Utility Assessments. Publication shall be completed at least seven (7) days before said hearing and said notice shall be given for a period of not less than twenty(20) days. The exterior boundaries of the Stormwater Utility Areas include lands within the cities indicated above. The Clerk of the Board is DIRECTED to forward to the governing body of said cities a copy of this Resolution at least twenty(20)days before the above noted hearing. The mailing addresses and individual recipients are listed in the attached Exhibit A. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District. RESOLUTION No. 2002/310 l SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2002-2003, COUNTYWIDE DATE: MAY 14, 2002 PAGE: 2 of 3 I. Recommended Action (cont.): 3. ADOPT the attached Resolution setting June 11, 2002, at 9:30 a.m. in the Board chambers as the time and place for the Public Hearing on the adoption of Stormwater Utility Assessments for Fiscal Year 2002-2003 for said areas. II. Financial Ini The proposed assessments for Stormwater Utility Areas 1 through 18 will provide approximately $11,851,319 in funding for the cities and unincorporated County for the National Pollutant Discharge Elimination System(NPDES)program and drainage maintenance activities. III. Reasons for Recommendations and Background: The Contra Costa Clean Water Program consists of Contra Costa County, its incorporated cities and the Contra Costa County Flood Control and Water Conservation District working collectively under a Joint Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) Permit issued by the State Regional Water Quality Control Board. This Permit is federally mandated through the Clean Water Act, which was amended in 1987 to specifically address stormwater pollution. The current five-year permit from the San Francisco Regional Water Quality Control Board began in September 1999. Public education on pollution prevention, inspection of construction sites, as well as commercial and industrial facilities, street sweeping, catch basin cleaning and other forms of drainage maintenance are examples of actions taken to meet Permit requirements. An Annual Report is written each year to summarize accomplishments. The Contra Costa Clean Water Program is currently in its second Joint Municipal Stormwater NPDES Permit from the San Francisco Regional Water (duality Control Board and received its second five year permit from the Central Valley Regional Water Quality Control Board for the cities of Antioch, Brentwood, Oakley and unincorporated East County in June, 2000. The Permit includes, for each municipality, a Stormwater Management Plan outlining intended activities designed to reduce or eliminate pollutants from entering the storm drain system. The Regional Boards indicated the need for a restricted funding source to finance implementation costs. In order to meet this need, Contra Costa County proposed legislation providing a financial option for municipalities to use through the Contra Costa County Flood Control and Water Conservation District. The bill, AB 2758 (Campbell), was passed by the legislature and signed by Governor Pete Wilson on August 30, 1992. The legislation specifically allowed a municipality to request formation of a Stormwater Utility Area and an assessment to pay for implementation costs. 1 SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2002-2003, COUNTYWIDE DATE: MAY 14, 2002 PAGE: 3 of 3 The Board of Supervisors, acting as the Contra Costa County Flood Control and Water Conservation District, providers public notice to all affected property owners before the establishment of the Stormwater Utility Areas on June 22, 1993, creating 17 Stormwater Utility Areas. This 1993 Board action also set the first-year assessment rates for each Stormwater Utility Area, as well as maximum rates. Assessments were collected for Fiscal Year 1993-94 through 2000-01. On May 9, 2000, the Flood Control District separated the City of Oakley from Stormwater Utility Area 17. The City of Oakley was established as Stormwater Utility Area 18 at that time and assessments were collected for Fiscal Year 2000-2001. IV. Consequences of Negative Action: If the proposed assessments for Fiscal Year 2002-2003 are not implemented, the program would have to be funded by the general funds of the cities and County to ensure compliance with NPDES permit requirements. TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE SHIU, CHIEF ENGINEER DATE: May 14, 2002 SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2002-2003, COUNTYWIDE SPECIFIC REQUEST(S) OR RECOMMENDATIONS) &BACKGROUND AND JUSTIFICATION Ia Recommended Action: 1. ACCEPT the Chief Engineer's report for the adoption of Stormwater Utility Assessments for Fiscal Year 2002-2003 for Stormwater Utility Areas Numbers 1 through 18; 2. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments for Fiscal Year 2002-2003 from the following municipalities and corresponding Stormwater Utility Areas: Antioch Hercules Pinole Walnut Creek Clayton Lafayette Pittsburg Unincorporated Contra Costa County Concord Martinez Pleasant Hill Oakley Danville Moraga San Pablo El Cerrito Orinda San Ramon Continued on Attachment: X SIGNATURE: ,,.-IECOMMENDATION OF COUNTY ADMINISTRATOR �_RECOMMENDATION OF BOARD COMMITTEE :L APPROVE O'I'LER SIGNATURES ACTION OF B ON MAY 14, 2002 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct xx UNANIMOUS (ABSENT } copy of an action taken and entered on the minutes of AYES: NOES: the Board of Supervisors on the date shown. ABSENT: ABSTAIN: ATTESTED: MMAY 14, 2QQZ JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator DHE:LM G:%GrpData\FldCt11SWUF\Fee AdoptlFY 02-031130 Set Hrg 5 14 02.doc Orig.Div:Public Works Flood Control Contact: Linda Martinez-(925)313-2.279 ByZAg 4� Deputy c: Dean Eckerson,Public Works County Assessor County Auditor-Controller County Counsel Treasurer-Tax Collector File copy Exhibit A Phil Hoffineister Laura Hoffineister Jeff Roubal City of Antioch City of Clayton City of Concord P. 0, Box 5007 6000 Heritage Trail 1455 Gasoline Alley Antioch, CA 94531 Clayton, CA 94517 Concord, CA 94519 Mike Vogan Christine McCann Bruce King City of Concord Town of Danville City of EI Cerrito 1455 Gasoline Alley 510 La Gonda Way 10390 San Pablo Ave. Concord, CA 54519 Danville, CA 94526 EI Cerrito, CA 94530 Erwin Blancaflor Donna Feehan Tim Tucker City of Hercules City of Lafayette City of Martinez 111 Civic Driue 3001 Camino Diablo 525 Henrietta St. Hercules, CA 94547 Lafayette, CA 94549 Martinez, CA 94553 John Nelson Bob Dunn Jason Vogan City of Martinez Town of Moraga City of Oakley 525 Henrietta St. 1355 Willow Way#230 3633 Main St. Martinez, CA 94553 Concord, CA 94520 Oakley, CA 94561 Andrew Gaber Bill Mattick Ken Strelo City of Orinda City of Pinole City of Pittsburg P. 0. Box 2000 2131 Pear Street 65 Civic Ave. Orinda, CA 94563 Pinole, CA 94564 Pittsburg, CA 94565 Todd Teachout Angela EI-Telbany Scott Christie City of Pleasant Hill City of San Pablo City of San Pablo 100 Gregory Lane One Alvarado Square One Alvarado Square Pleasant Hill, CA 94523 San Pablo, CA 94306 San Pablo, CA 94806 Maria Robinson Rinta Perkins Steve Wright City of San Ramon City of Walnut Greek Contra Costa County P. 0, Box 5143 P. 0. Box 3039 255 Glacier Drive San Ramon, CA 94583 Walnut Creek, CA 94596 Martinez, CA 94553 GAGrpDetalFk3CtASWURAnnuaf Fee Adopt\FY 02.OMExhibit A doc 1 PROOF OF PUBLICATION NC371FICAnON o {2015.5 C.C.P.} INi► TO ce�NstoER TtiE "7 ADOP'itpN 01 WATER UTILITY ASSESS- STATE OF CALIFORNIA IMENTSFORFISCAL YEA 2002'2 County of Contra Costa STO M AT R UTILIITY ( , AREAS NO.1 TfiROUGH t`� I am a citizen of the United States and a resident of the 1e,coUNmnnDE. County aforesaid; I am over the age of eighteen years, and The Board oContra s auCou as not a party to or interested in the above-entitled matter. the Governing the Contra Costa Coun Flood I am the Principal Legal Clerk of the Ledger Dispatch and Control&Water Conserve- Brentwood News.Newspapers of general circulation,printed tion Distinct' RESOLVES and published at 2640 Shadelands Drive in the City of The contra Costa County Walnut Creek,County of Contra Costa,94598. Flood Control and Water tion District Act, And which newspaper has been adjudged a newspaper of hereinafter referred�� as general circulation by the Superior Court of the County of ming Body to es- Contra Costa, State of California, under the date of March tablish stom,water UtIll Areas, and adopt ord� 26,1870. Case Number 746370. name for Stormwater Will. ty Assessments;and The notice, of which the annexed is a printed copy (set in The Board on June 22, type not smaller than nonpareil),has been published in each water eitUtili shoaree 1ST tl- regular and entire issue of said newspaper and not in any ocn) 2 (Clayton 3 Con- supplement thereof on the following dates,to-wit: cord a (Darn�i�te} (EI Carrs{c},6 tNrar ulAs),7(la- tayatte, 8 (Martinez),. 9 May 17,24 gP"In.l. a}; 10 (�rk�do, 11 , 12 (Pittsburg 13 all In the year of 2002 ,soon (Hum'1R on),a18 (Walnut Gnosis}, 17 (Unin- corporated County)),and on May 9 2000 asiabiishad I certify (or declare) under penalty of perjury that the Stomnwater Utility area 18 foregoing is true and correct. sareas con- ad t real property lo- doted In the incorporated Executed at Walnut Creek,Ca' rnia. limits of the cilias indicated and the unincorporated On this day of y, 00 County;and This Board also has before It the Chief Engineer's re- ..... •.... .... .. ....... �or the an Naomi Si rat eof the Discharge Elimi- nation System (NPOES} Ledger Dispatch and Brentwood News parmk actNkiea to be boss try ropariy in the In O Box 2299 dMduai tortrruat.r Utlllty Antioch,CA 94531-2299 ins r3g�tays will beton (925)757-2525 arbli 2 03 n gtoadopt FY Proof of Publication of: Um Aa.sssmersfo and L axsurdned at the of is a copy of the legal advertisement that published) cork of the mIftbatktl rMae�ti- nwz California. it ls that Storm- for mty Assessments al or 2002-2003 be Stormwater Ut�litty 1 through 18; t2t�0 2, Inpthe Charrrtxwsl(4 Adml ,ti°fort Building; Mertinsa California, flus Board wf�conduct a is ' he ng on the ad of Flscal. Year 2 2003 i Stomiwater Utility i manta At Ura hearkng, Board wS hear arW pates i and any oral and tkxriwritten s to ttre ; aadopt�Yeawo - she i StOmwmt®r Utility Assess- ments..Upon ooncluslon of the hearing,the Board may . aabbandnti'onthe proposed so- time, procaed with the n .Brno. BY oRDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY t JOHN SWEETEN CLERK OF THE BOARD OF t SUPERVISORS AND COUNTY ADMINISTRATOR , Aate:May 14,2002 Y. i D000ppal L1780 9171 i ublish:May 17,24,2002 E F LEGAL PUBLICATION REQIISTION Contra Costa County , • From: Clerk of the Beard To: Contra Costa Times 651 Pine St., Room 106 PO Box 5124 Martinez, CA 94553 Walnut Creek, CA-94596 Requested by: * 7-n ,4&yv Date. Phone No:. - '' ,�;"�/9 Reference No. ► ` a X '7/P/ Org: Sub Object: . j;o Task: 40-5 Activity: _-- f Publication Bate (s): 2 .. No. of Pages: LEGAL PUBLICATION-- v **"Immediately upon expiration of publication; *** .. — send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. Authorized Signature: - Please confirm date ofpublication &receipt of this fax. ,, ► � v-i>arvi iVai aJ+Yo Ina Va.I VaV iVVu VVV a l.'lia.aN 91V\asci ��-+ VVY yJ yyy PUBLICATION OF NOTICE OF HEARING NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATEER UTILITY ASSESSMENTS FOR FiSCAL YEAR 2002- 2003 0022003 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 18, COUNTYWIDE. The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control &Water Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation district Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adopt ordinance for Stormwater Utility Assessments; and The Board,On June 22, 1993, established Stormwater Utility area 1 (Antioch), 2 (Clayton), 3 (Concord), 4 (Danville), 5 (Ei Cerrito), 6 (Hercules), 7 (Lafayette), 8 (Martinez), 9 (Moraga). 10 (Orinda), 11 (Pinole), 12 (Pittsburg), 13 (Pleasant Hill), 14 (San Pablo), 15 (San Ramon), 16 (Walnut Creek), 17 (Unincorporated County), and on May 9, 2000 established Stormwater Utility area 18 (Oakley). These areas consist of that real property located in the incorporated limits of the cities indicated and the unincorporated County; and This Beard also has before it the Chief Engineer's report providing an estimate of the cost of the National Pollutant Discharge Elimination System (NPDES) permit activities to be borne by property In the Individual Stormwater Utility Areas. This report will be on file within 30 days of the public hearing to adopt FY 2002-2003 Stormwater Utility Assessments, and may be examined at the office of the Clerk of the Board of Supervisors,Administration Building, Martinez, California. It is proposed that Storniwater Utility Assessments for Fiscal Year 2002-2003 be adopted for Stormwater Utility Areas 1 through 18; and At 1.30 p.m. on June 11, 2002, In the Chambers of the Board of Supervisors, Administration Building, Martinez, California,this Board will conduct a public hearing on the adoption of Fiscal Year 2002-2003 Stormwater Utility Assessments. At the hearing, this Board will hear and pass upon any and all written and oral objections to the adoption of the proposed Fiscal Year 2002-2003 Stormwater Utility Assessments. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The exterior boundaries of the Stormwater Utility Areas include lands within the cities Indicated above. G. sas MapWY=4W*1 er An0W Ov»rar 3"echo FY01-ft*c BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY JOHN STEN CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY: DATE: ,•� DEPUTY PUBLICATION DATES:- af+eZ LEGAL PUBLICATION RBQUTSTION Contra Costa County From: Clerk of the Board To: Ledger Dispatch 651 Pine St.,.Room 106 PO Box 2299 Martinez, CA 94553 Antioch, CA 94549 Requested by: •g' �- Date: Phone No: I90 Reference NO: Org: `.c" Sub Object: �'/ Task: Active I Publication Date (s): No. of Pages: o LEGAL PUBLICATION- -ermay , .. l to //.sem :z" 41, Y> X77 ****Immediately upon expiration of publication,**** send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. Authorized Signature: '47 - Please confirm date of publication & receipt of this fax. , �� ' �'- - � . . . ..... ... ............................ ......... . wwr asr wr ova+ aw.ww aaan wrw waw rwww vvv aewr+av nvaaav - ova. �wwr PUBLICATION OF NOTICE OF HEARING NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2002- 2003 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 18, COUNTYWIDE. The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control & Water Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adopt ordinance for Stormwater Utility Assessments; and The Board,On June 22, 1993, established Stormwater Utility area 1 (Antioch), 2 (Clayton), 3 (Concord), 4 (Danville), 5 (El Cerrito), 6 (Hercules), 7 (Lafayette). 8 (Martinez), 9 (Moraga). 10 (Orinda), 11 (Pinole), 12 (Pittsburg), 13 (Pleasant Hili), 14 (San Pablo), 15 (San Ramon), 16 (Walnut Creek), 17 (Unincorporated County), and on May 9, 2000 established Stormwater Utility area IS (Oakley). These areas consist of that real property located in the incorporated limits of the cities indicated and the unincorporated County; and This Board also has before it the Chief Engineer's report providing an estimate of the cost of the National Pollutant Discharge Elimination System (NPDES)permit activities to be borne by property In the individual Stormwater Utility Areas. This report will be on file within 30 days of the public hearing to adopt FY 2002-2003 Stormwater Utility Assessments, and may be examined at the office of the Clerk of the Board of Supervisors,Administration Building, Martinez, California. It is proposed that Stormwater Utility Assessments for Fiscal Year 2002-2003 be adopted for Stormwater Utility Areas 1 through 18; and At 1:30 p.m. on June 11, 2002, In the Chambers of the Board of Supervisors, Administration Building, Martinez, California,this Board will conduct a public hearing on the adoption of Fiscal Year 2002-2003 Stormwater Utility Assessments. At the hearing, this Board will hear and pass upon any and all written and oral objections to the adoption of the proposed Fiscal Year 2002-2003 Stormwater Utility Assessments. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The exterior boundaries of the Stormwater Utility Areas Include lands within the cities Indicated above. a.*4" fAd= F"Adep"a2-0WOPFt ATM ov ova W&A adafm+Fr 01-Mate BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY JOHN SWEETEN CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY: - A6A4-� DATE: DEPUTY V PUBLICATION DATES:- LEGAL PUBLICATION REQUISTION Contra Costa County � . From: Clerk of the Board To: West County Times 651 fine St., Room 106 PO Box 100 Martinez, CA 94553 Pinole, CA 94564 Requested by: e-r" 'J.Jr yZ Date: Z Phone No: � "`- - /Y Reference No: co e13 GX;;Z/CP/ Org: - Sub Object: 4/ oTask: J Activity: Publication Date (s): __1 Z , Zoe No. of Pages: rig LEGAL PUBLICATION- ****Immediately upon expiration of publication,* send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. Authorized Signature: 1-7 Please confirm date of publication & receipt of this fax./gy 7I�iXrwe-1.01"-,se- I 05/1$102 WE 15:58 FAX 925 311 2333 CCC PUBLIC WORKS i-►+ COB 002 PUBLICATION OF NOTICE OF HEARING NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2002- 2003 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 18, COUNTYWIDE. The Board of Supervisors of Contra Costa County; as the Goveming Body of the Contra Costa County Flood Control S Water Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adopt ordinance for Stormwater Utility Assessments, and The Board,` On June 22, 1993, established Stormwater Utility area 1 (Antioch), 2 (Clayton), 3 (Concord), 4 (Danville), 5 (El Cerrito), 6 (Hercules), 7 (Lafayette), 8 (Martinez), 9 (Moraga), 10 (Orinda), 11 (Pinole), 12 (Pittsburg), 13 (Pleasant Hill), 14 (San Pablo). 15 (San Ramon), 16 (Walnut Creek), 17 (Unincorporated County), and on May 9, 2000 established Stormwater Utility area 18 (Oakley). These areas consist of that real property located in the incorporated limits of the cities indicated and the unincorporated County; and This Board also has before it the Chief Engineer's report providing an estimate of the cost of the National Pollutant Discharge Elimination System (NPDES) permit activities to be bome by property in the individual Stormwater Utility Areas. This report will be on file within 30 days of the public hearing to adopt FY 2002-2003 Stormwater Utillty Assessments, and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California, It is proposed that Stomnwater Utility Assessments for Fiscal Year 2002-2003 be adopted for Stormwater Utility Areas 1 through 18; and At 1:30 p.m. on June 11, 2002, In the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the adoption of Fiscal Year 2002-2003 Stormwater Utillty Assessments. At the hearing, this Board will hear and pass upon any and all written and oral objections to the adoption of the proposed Fiscal Year 2002-2003 Stormwater Utility Assessments. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The exterior boundaries of the Stormwater Utility Areas include lands within the cities Indicated above. G44rPV&W#d.*4WVr%L Mo AddWY 02.*"*n1:CAr*N OF MAW40 for!UA adop m FY 01-N.ax BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY JOHN SWEETEN CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY: DATE: P= PUBLICATION DATES. 4 I ENGINEER'S REPORT FOR THE ADOPTION OF FISCAL YEAR 2002-03 ASSESSMENTS FOR CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT STORMWATER UTILITY AREAS NOS. 1 THROUGH 18 Prepared by the Staff of the Contra Costa County Mood Control and Water Conservation District 255 Glacier Drive Martinez, CA 94553 April 2002 1. RECOMMENDATION: It is recommended that: a. The Stormwater Utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 2002- 2003 be adopted for the Contra Costa County Flood Control and Water Conservation District Stormwater Utility Areas (SUA)for the following incorporated and unincorporated areas: PROPOSED VS. EXISTING ERU RATES STOAMWATER UTtLI 1 Antioch $25.00 $17.00 $21.00 2 Clayton $29.00 $29.00 $29.00 3 Concord $35.00 $29.00 $35.00 4 Danville $30.00 $22.00 $25.00 5 EI Cerrito $38.00 $23.50 $30.00 6 Hercules $35.00 $24.00 $24.00 7 Lafayette $35.00 $22.00 $35.00 8 Martinez $30.00 $30.00 $30.00 9 Moraga $35.00 $20.00 $20.00 10 Orinda $35.00 $30.00 $35.00 11 Pinole $35.00 $35.00 $35.00 12 Pittsburg $30.00 $24.00 $24.00 13 Pleasant Hill $30.00 $25.50 $30.00 14 San Pablo $45.00 $35.84 $45.00 15 San Ramon $35.00 $28.00 $30.00 16 Walnut Creek $35.00 $21.50 $22.50 17 Unincorporated $30.00 $25.20 County $30.00 18 Oakley $30.00 $20.65 $20.65 2. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NPDES) PROGRAM: Congress adopted the Federal Water Pollution Control Act generally referred to as the Clean Water Act in 1972. It specifically prohibits the discharge of any pollutants (e.g., herbicides, pesticides, oil, DE.Im _ 2 G.\GrpData\F1dCt1\SWUF\Annna1 Fee Adopt\FY 02-03\Engineer Report.doe 0,V29i02 .. ... .. .. . .......................... ......... . . grease, etc.) to the "navigable waters of the United States." The initial focus of the Clean Water Act was to prohibit these pollutants from industrial process wastewater and municipal sewage. The Act was amended in 1987 mandating the Environmental Protection Agency (EPA) to establish regulations setting forth the NPDES Permit Application requirements for stormwater discharges for municipalities, industries and construction projects. Contra Costa County, its incorporated cities and the Flood Control District joined together to form the Contra Costa Clean Water Program in order to marshal the necessary resources and develop the most cost-effective program to comply with these federally mandated requirements. One of the requirements of the NPDES permit process is to identify funding sources for implementation of the program activities. The Contra Costa Clean Water Program Management Committee identified the formation of stormwater utilities as the most practical method for meeting the funding requirements. Sixteen city councils and the County Board of Supervisors adopted resolutions requesting the District form a Stormwater Utility Area for their city territory. The governing board of the District established Stormwater Utility Areas 1 through 17 on June 22, 1993, and Area 18 on May 9, 2000. 3. STORMWATER UTILITY: A stormwater utility is similar to other utilities. It has a purpose, a geographic boundary, and a method for spreading the utility costs to benefiting properties or recipients. The purpose of the stormwater utility is to fund the implementation of the NPDES program activities required by the permit and the maintenance of the government owned storm drain systems. In development of the stormwater utility legislation, the construction of capital improvements was excluded as a purpose. Stormwater utility assessment revenues can only be spent on the NPDES program activities and storm drain system maintenance. Replacement of a failing storm drain system is considered a maintenance activity as long as the replacement facility is equal in capacity and a comparable type of facility, i.e., pipe storm drain is replaced by another pipe storm drain. The NPDES program activities have been tailored to meet the respective city or county NPDES problems based on their land use activities; thus each program is different. Also, the cities and county on an individual basis will perform most of the NPDES activities. Consequently, each city comprises a separate stormwater utility area. This facilitates the setting of the utility rates and the transfer of funds to the cities who perform most of the work. The same applies for the unincorporated county NPDES program which is implemented by county staff. Stormwater utilities generally distribute program costs to the benefiting landowners on the basis of stormwater runoff quantity or the amount of impervious surface associated with various land uses. The Stormwater Utility Areas utilize the latter method. Staff prepared the report entitled, "Report on Stormwater Utility Assessment (March 1993)," which is incorporated into this Engineer's Report by reference. The report explains in detail the rationale for using impervious surface area as the basis for allocating costs, the development of the utility rate standard of one Equivalent Runoff Unit (ERU) and the relationship between land use, parcel size, and the number of ERUs assigned to individual parcels in each Stormwater Utility Area. A typical single family residence (8,000 SF to 20,000 SF lot) is used as the standard for one ERU. The cost to the typical single family landowner will be the ERU rate shown in Section 1(a) above. 4. PROPOSED STORMWATER UTILITY BUDGETS FOR FY 2002-03: Indicated below are the estimated budgets for each stormwater utility area. The District's administration and collection costs are estimated at $1.80 per parcel which includes the County Tax Collector's line item cost for the tax bills. Each year, the District provides city staff with an estimate of the number of ERUs assessable in the new year. The agency corresponding with each Stormwater Utility Area then prepares a budget for their NPDES and drainage maintenance program for the forthcoming fiscal year. Using this budget, plus the estimated cost for entity administration and assessment collection, city staff calculates the 3 DEAm G:\GrpData\F1dCt1\SWUF\Annna1 Fee Adopt\FY 02-03\Engineer Report.doc 04/29/02 required ERU rate by dividing the estimated total cost by the estimated ERUs in the Stormwater Utility Area. The agency governing board approves the rate and requests the District approve and implement the desired assessment. The ERU rate in future years can not exceed the maximum rate shown in Section 1(a) without completing the public notice/hearing process required by SB 1977 (Bergenson) and Preposition 218 (California Constitution, Article XIII D, Section 4). PROJECTED EXPENDITURES -777 924 " IF' xSE1KC � k� I�RfCM y UTaL> k AG 1 CY N�P0155 COST' TAxiT,oTAL R �`� U1DINt :(1 ; ,tJNDl1);., � ETNcL�: cT _Cosy 1 Antioch $217,949 $565,902 $8,842 $24,225 $816,918 2 Clayton $25,522 $97,411 $1,378 $3,539 $127,850 3 Concord $288,642 $1,651,964 $11,930 $29,313 $1,981,850 4 Danville $99,602 $336,942 $5,127 $12,641 $454,312 5 El Cerrito $54,657 $243,939 $2,836 $7,125 $308,557 6 Hercules $46,526 $123,720 $2,171 $5,574 $177,991 7 Lafayette $56,238 $385,242 $2,770 $6,972 $451,221 8 Martinez $84,695 $527,547 $4,244 $10,272 $626,758 9 Moraga $38,395 $118,690 $2,404 $4,759 $164,248 10 Orinda $41,557 $317,565 $2,274 $5,699 $367,095 11 Pinole $45,171 $258,505 $2,070 $5,343 $311,089 12 Pittsburg $136,190 $489,706 $5,892 $11,862 $643,650 13 Pleasant Hill $77,468 $396,289 $3,759 $9,300 $486,816 14 San Pablo $72,047 $346,699 $2,952 $5,223 $426,921 15 San Ramon $107,055 $623,934 $5,060 $12,931 $748,980 16 Walnut Creek $152,903 $607,482 $8,941 $19,035_ $788,361 17 Unincorporated County $357,979 $2,272,940 $18,168 $39,869 $2,688,956 18 Oakley $60,981 $219,837 $2,495 $6,433 $289,746 y TOTAL: � � 77 $1h,963;577 ,9,J``84,314 t t $J3r370,116 $`L1,861,319 (1) Agency funding for NPDES includes storm drain system maintenance and contingency costs. DE:lm _ 4 G:1GrpData1F1dCt115WUF\Annua1 Fee Adopt\FY 02-03\Engineer Report.doc 04129102 5. ESTIMATED STORMWATER UTILITY ASSESSMENT REVENUES IN FY 2002-03: Indicated below are the estimated revenues for Fiscal Year 2002-03 based on the proposed assessment rates in Section 1(a). The proposed ERU rate is the rate recommended in each municipality's resolution requesting adoption of Stormwater Utility Assessments for their municipal area. A listing of each assessor parcel number and proposed 2002-03 assessment is on file with the Clerk of the Contra Costa County Board of Supervisors. PROJECTED ERU RATES and REVENUES Y 4 if 3 Q 4 1PQ8EDr ESTIMATEC► 4 A + �tY & ?r U � ;el IVEi3iI� 1 Antioch 38,901 $21.00 $816,918 2 Clayton 4,409 $29.00 $127,850 3 Concord 56,624 $35.00 $1,981,850 4 Danville 18,172 $25.00 $454,312 5 El Cerrito 10,285 $30.00 $308,557 6 Hercules 7,416 $24.00 $177,991 7 Lafayette 12,892 $35.00 $451,221 8 Martinez 20,892 $30.00 $626,758 9 Moraga 8,212 $20.00 $164,248 10 Orinda 10,488 $35.00 $367,095 11 Pinole 8,888 $35.00 $311,089 12 Pittsburg 26,819 $24.00 $643,650 13 Pleasant Hill 16,227 $30.00 $486,816 14 San Pablo 9,487 $45.00 $426,921 15 San Ramon 24,966 $30.00 $748,980 16 Walnut Creek 35,038 $22.50 $786,893 17 Unincorporated County 89,632 $30,00 $2,688,956 18 Oakley 14,031 $20.65 TOTAL: 5 DE:lm GAGrpData\F1dCt11SWUF\Annna1 Fee Adopt\FY 02-031Engineer Report.doc 04/29/02 RESOLUTION NO. 2002/49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2002/03 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under the Federal Clean Water Act, prescribed discharges of storm water require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of Antioch (CITY) did apply for, and did receive, a NPDES permit which-requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering storm waters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Storm water Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra Costa County Flood Control & Water Conservation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Storm water Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between CITY and DISTRICT requires that CITY, by April 17, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Antioch does determine that the rate to be assigned to a single ERU for FY 2001/02 shall be set at twenty-one dollars ($21.00). BE IT FURTHER RESOLVED, that the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. 1 HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 9th day of April, 2002, by the following vote: AYES: Council Members Davis, Kalinowski and Conley NOES: Council Member Simonsen ABSTAIN: Mayor Freitas L. JOLENE MARTIN, City Clerk I RESOLUTION NO. 2002149 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2002103 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under the Federal Clean Water Act, prescribed discharges of storm water require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of Antioch (CITY) did apply for, and did receive, a NPDES permit which-Tequires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering storm waters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Storm water Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra Costa County Flood Control & Water Conservation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Storm water Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between CITY and DISTRICT requires that CITY, by April 17, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Antioch does determine that the rate to be assigned to a single ERU for FY 2001102 shall be set at twenty-one dollars ($21.00). BE IT FURTHER RESOLVED, that the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 9t' day of April, 2002, by the following vote: AYES. Council Members Davis, Kalinowski and Conley NOES: Council Member Simonsen ABSTAIN; Mayor Freitas �h �` L. JOLENE MARTIN, City Clerk rffAPR 8 2002 RESOLUTION NO. 21-2002 Contra Corta County F1oa! o And A RESOLUTION ESTABLISHING THE RATE PER EQUIYILAN on a+strict (ERU)FOR FY 2001-2002 AND REQUESTING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM THE CITY COUNCIL City of Clayton, California WHEREAS, under the Federal Water Quality Act, prescribed discharges of stormwater require a permit from the appropriate federal or state authorities pursuant to the National Pollutant Discharge Elimination System(NPDES)program; and WHEREAS, the City of Clayton, in conjunction with other affected jurisdictions within Contra Costa County, applied to the State Regional Water Quality Control Board and received a Joint NPDES Permit which, requires the implementation of a Storm Water Management Plan.via Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, Assembly Bill 2768 authorizes the Contra Costa County Flood Control and Water Conservation District (District) to establish Stormwater Utility Areas (SUA) and to levy annual benefit assessments for the purpose of carrying our activities required under the NPDES program; and WHEREAS,it is the intent of the City to utilize funds received from its Stormwater Utility Area(SUA)for implementation of the NPDES program and local drainage maintenance activities; and WHEREAS,at the request of the City,the Contra Costa County Flood Control District and Water Conservation District (District) has completed the process for the formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS,the SUA and Program Croup Costs payment agreement between the City and the District requires that the City of Clayton annually,by May 1,determine the rate to be assigned to a single ERU for the forthcoming fiscal year. Resolution No.21-2002 1 Apel 2,2002 NOW,THEREFORE,BE IT RESOLVED that the City Council of Clayton,California does hereby determine that the rate to be assigned to a single ERU for FY 2002-03 shall be set and assessed at$29.00 BE IT FURTHER RESOLVED,that the City Council of Clayton,California, does hereby request the Contra Costa Flood Control and Water Conservation District to adopt the SUA levies based on the above established rate. Adopted by the City Council of the City of Clayton,California at a regular meeting of thereof held on April 2, 2002,by the following vote: AYES: Councilmember Pierce, Walcutt,Vice Mayor Laurence and Mayor Manning. NOES: None. ABSENT: Councilmember Littorno Gregory . ng, Mayor ATTEST: f_ Rhonda Basore, 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 April 2,2002. a Rhonda Basore, City Clerk Resolution No.21-2002 2 April 2,2002 1 COPY 1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA 2 A Resolution Authorizing the Contra Costa County Flood 3 Control & Water Conservation District to Establish an Annual Parcel Assessment for FY 2042-03 for Drainage 4 Maintenance and the National Pollutant Discharge Elimination System Program Resolution No.02-1.3 � 1 6 WHEREAS, under the Federal Water Pollution Control Act [33 U.S.C. Section 1342(p)], 7 certain municipal storm water discharges require a permit from the appropriate federal or state 8 authorities pursuant to the National Pollutant Discharge Elimination System(NPDES)Program; and 9 WHEREAS, the City of Concord, in conjunction with other affected jurisdictions within 10 Contra Costa County, applied to the State Regional Water Quality Control Board and received a Joint 11 NPDES Permit and develop a Storm Water Management Plan; and 12 WHEREAS,Assembly Bill 2768 (West's Water Code Appendix, Section 63-12 and 63-12.9) 13 authorizes the Contra Costa Flood Control and Water Conservation District(District)to establish 14 storm water utility areas and to impose annual benefit assessments for the purpose of carrying out the 15 activities required under the NPDES Program; and 16 WHEREAS,the District has completed the process for formation of a Stormwater Utility 17 Area(SUA), including the adoption of the Stormwater Assessment Drainage Ordinance No. 93-74; 18 and 19 WHEREAS,the SUA and Program Group Costs Payment Agreement between the City of 20 Concord and the District requires the City of Concord, annually by May 1,to determine the rate to be 21 assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year; and 22 WHEREAS,the City Council adopted Resolution 93-14, which established the range of 23 annual assessment to be imposed by the District within the storm water utility area not to exceed$35 24 per ERU. 25 11 26 1i 27 1/ 28 H Res.No.02-13 1 I NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES 2 RESOLVE AS FOLLOWS: 3 Section 1. The annual assessment to be imposed by the District within the storm water utility 4 area shall be $35.00 per ERU for fiscal year 2002/2003, and shall not exceed a maximum of$35.00 5 per ERU for subsequent fiscal years. 6 Section 2. requests the District to adopt stormwater utility area levies based on said amount. 7 Section 3. This resolution shall become effective immediately upon its passage and adoption. 8 PASSED AND ADOPTED by the City Council of the City of Concord on February 26, 2002, 9 by the following vote: 10 AYES: Councilmembers -H. Allen,L. Hoffineister, M. Pastrick, M. Peterson, B. McManigal 11 NOES: Councilmembers -None 12 ABSTAIN: Councilmembers -None 13 ABSENT: Councilmembers-None 14 I HEREBY CERTIFY that the foregoing Resolution No. 02-13 was duly and regularly 15 adopted at a regular joint meeting of the City Council and the Redevelopment Agency of the City of 16 Concord on February 26, 2002. 17 Lynnet Keihl, CMC 1$ City Clerk 19 (?47&j By 20 Elaine R. Boehme 21 Deputy City Clerk 22 APPROVED AS TO FORM: t certify ow tide is a tue MW Of a JoWment on file M this office. 23 f5 C of Concord,CaMmM 24 Craig La a "e 25 City Att y 26 27 CC: CCC Flood Control &Water Conservation Dist. 28 Res.No.02-13 2 RIECEIVED IIPR [i?'.? Contra Costa C Flood Con ounty 1later Con, tr°+'and g tion pr`stricf I,Marie Sunseri,City Clerk of the Town of Danville,hereby certify that this is a true and correct copy of Town.Council Resolution leo. 40-2002. Marie Sunseri, City Clerk RESOLUTION NO. 40-2002 AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2002-03 FEE FOR THE TOWN'S STORMWATER UTILITY AREA WHEREAS,the Federal Water Pollution Control Act requires dischargers of stormwater to obtain a National Pollutant Discharge Elimination System(NPDES)permit from San Francisco Regional Water Quality Control Board; and WHEREAS, Danville has joined 18 other Contra Costa County cities, plus the County and the Contra Costa County Flood Control and Water Conservation District to secure the required NPDES permit effective through fiscal year 1999-2004; and WHEREAS, the Town complies with the NPDES permit requirements by operating a local Stormwater Pollution Control Program (SPCP); and WHEREAS,the funding necessary to implement this permit has been established at a range of$22 -$30 per Equivalent Residential Unit(ERU)through the Stormwater Utility Assessment(Town of Danville Resolution No. 24-93); and WHEREAS, said assessment rate must be set each year by the Town Council; and WHEREAS, the Town Council appoints the City Engineer, or his/her designee, as its official representative to the Contra Costa Clean Water Program; and WHEREAS,the Town Council wishes to continue to participate in the SPCP program and continue to fund the program through the assessment of individual properties; now, therefore, be it RESOLVED, that the Danville Town Council authorizes continuance of the Stormwater Utility Assessment to be set at $25 per ERU for all properties within Danville; and, be it further APPROVED by the Danville Town Council at a regular meeting on April 2,2002,by the following vote: AYES: Waldo, Arnerich, Doyle, Greenberg NOES: Shimansky ABSTAINED: none ABSENT: none /4%6� MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK I RESOLUTION 2002-27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING CONTINUED PARTICIPATION IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM, ESTABLISHING AN INDIVIDUAL STORMWATER POLLUTION PREVENTION PROGRAM IN EL CERRITO, INCLUDING GROUP COSTS FOR ACTIVITIES PERFORMED THROUGH THE CONTRA COSTA CLEAN WATER PROGRAM, ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR 2002-2003 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL,AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM. WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California Regional Water Quality Board under the National Pollutant Discharge Elimination System (NPDES) Program; and WHEREAS, the City of EI Cerrito did apply for, and did receive., an NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering storm waters; and WHEREAS, it is the intent of the City of EI Cerrito to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City of EI Cerrito, the Contra Costa County Flood Control and Water Conservation District (District) has completed the process for formation of an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 03-47; and WHEREAS, the SUA and Program Group Costs Payment Agreement between the City of El Cerrito and District requires that EI Cerrito annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of EI Cerrito does determine that the rate to be assigned to a single ERU for Fiscal Year 20022003 shall be increased to $30.00. BE IT FURTHER RESOLVED, that the City Council of the City of EI Cerrito does hereby request the District to adopt SUA levies based on said amount. BE IT ALSO FURTHER RESOLVED, that this Resolution shall become effective immediately upon its passage and adoption. HAClTYCLRK\agenda folder 4-1-021Reao-NIDDES2002-01doc 1 rr , :�3M DOCUMENT CERTIFICATION I, Doreen Mathews, City Clerk of the City of Hercules, do hereby certify that the attached document, City Council Resolution No. 02-438 adopted April 23, 2002, is a true and correct copy of the original document on file in the City Clerk's Office, City of Hercules, Centra Costa County, State of California. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the.City of Hercules this 24th day of April 2002. 4` Doreen Mathews,Clfy le j r f RESOLUTION NO 02-038 CONTINUING THE RATE PER. EQUIVALENT RUNOFF UNIT FOR FY 2002-2003 AT $24.00 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of Stormwater require a permit from appropriate California regional water quality board under the National Discharge Elimination System (NPDES)program; and WHEREAS, the City of Hercules County of Contra Costa did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or-eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City of Hercules to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City of Hercules, Contra Costa County Flood Control and Water Conservation District (District) has completed the process for formation of a SAU, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No.93-47; and WHEREAS, The SAU and Program Group Costs Payment agreement between the City of Hercules and District requires that the City of Hercules annually,by May i, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Hercules does determine that the rate to be assigned to a single ERU for FY 2002-2003 shall be set at$24.00. BE IT FURTHER RESOLVED, that the City Council for the City of Hercules does hereby request the District to adopt SUA levies based on said amount. The foregoing Resolution was duly and regularly adopted at regular meeting of the City Council of the City of Hercules held on the 23rd day of April 2002 by the following vote of the Council: AYES: Balico,Batara, Segerberg,Ward,Valstad NOES: None AB None 1011 Kris Valstad,May A Sly r; Do "YS. .. 4'. CERTIFIED ASA TRUE COPY "CIXRK OF CITY OF l.AFAYETT CALIFORNL� BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYE°1 TE IN THE MATTER OF: Establishing the Rate per Equivalent Runoff Unit for ) RESOLUTION NO. 14-02 Fiscal Year 2002-2003 and Requesting the Contra Costa ) County Flood Control and Water Conservation District ) To Adopt an Annual Parcel Assessment for Drainage ) Maintenance and the National Pollutant Discharge } Elimination System Program ) ) WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System(NPDES)program; and WHEREAS, the City of Lafayette (City) did apply for, and did receive, an NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters;and WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area (SUA)for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City, the Contra Costa County Flood Control and Water Conservation District (District) has completed the process for formation of an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment Agreement between City and District requires that City annually, by April 17, 2002, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lafayette does determine that the rate to be assigned to a single ERU for FY 2002-2003 shall be set at $35 (thirty-five dollars). BE IT FURTHER RESOLVED, that the City Council of the City of Lafayette does hereby request the District to adopt SUA levies based on said amount. PASSED AND ADOPTED by the City Council of the City of Lafayette on March 25, 2002, by the following vote: AYES. Mayor Tat;zin, Vice Mayor Federighi, Councilmembers Horn, Andersson, & Samson NOES: None ABSENT:None ABSTAIN: None APPROVED: 5.1 ATTEST: Don Tatzin,Mayor r 5Jo �neRobbms,CityClerk- I RESOLUTION NO. 036-02 ESTABLISHING THE RATE PER EQUIVALENT RUNOFF ,UNIT FOR FISCAL YEAR 2002-2003 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the California Regional Water Quality Control Board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of Martinez (CITY) did apply for, and did receive an NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra Costa County Flood Control and Water Conservation District (DISTRICT) has completed the process for formation of an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 9347; and WHEREAS, the SUA and Program Group Costs Payment agreement between the CITY and the DISTRICT requires that CITY annually, by May 1, determine the rate to be assigned to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Martinez does determine that the rate to be assigned to a single ERU for Fiscal Year 2002-2003 shall be set at $30 .00. HE IT FURTHER RESOLVED that the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. 1 RESOLUTION NO. 036-02 ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR 2002-2003 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the California Regional Water Quality Control Board under the National Pollutant Discharge Elimination System (NPDES) program; and. WHEREAS, the City of Martinez (CITY) dial apply for, and did receive an NPDES permit which requires the implementation .of selected. Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra. Costa County .Flood Control and Water Conservation District (DISTRICT) has completed the process for formation of an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Coasts Payment agreement between the CITY and the DISTRICT requires that CITY annually, by May 1, determine the rate to be assigned to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE 2T RESOLVED that the City Council of the City of Martinez does determine that the rate to be assigned to a single ERU for Fiscal Year 2002-2003 shall. be set at $30.00 . BE IT FURTHER RESOLVED that the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. 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 17th day of April, 2002 by the following Grote: AYES: Councilmembers Ross, Schroder, Woodburn, Vice, Mayor Lewis and Mayor Menesini NOES: None ABSENT: None RICHARD G. HERNANDEZ, CITY CLERK CITY OF MARTINEZ Karla J. cIn ` re .Acting Ike uty ity Clerk BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA A Resolution of the Town Council of the ) Town of Moraga Establishing the Rate per } Resolution 15 - 2002 Equivalent Runoff Unit for FY 2002-2003 ) At $20.00 and Requesting the Contra Costa ) County Flood Control and Water } Conservation District to Adopt an Annual ) Parcel Assessment for Drainage Maintenance } And the National Pollutant Discharge } Eliminatioa..System (NPDES) Program ) WHEREAS, under the Federal Water Pollution Control Act of 1987, prescribed discharges of stormwater require a permit from the appropriate California Regional Water Quality Board under the National Pollutant Discharge Elimination System (NPDES) Program; and WHEREAS, it is the intent of the Town to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, on September 1, 1993, the Town of Moraga did apply for, and did receive an NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, at the request of the Town, the Contra Costa County Flood Control and Water Conservation District (DISTRICT) has completed the process for formation of an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the Town Engineer has determined an Equivalent Run Off Unit (ERU) rate of$20.00 will provide sufficient funds to undertake the FY 2002- 2003 program needs. NOW; THEREFORE, BE IT RESOLVED that the Town Council of the Town of Moraga does determine that the rate to be assigned to a single ERU for FY 2002-2003 shall be set at $20.00. BE IT FURTHER RESOLVED, that the Town Council does hereby request the DISTRICT to adopt SUA levies based on said amount. BEFORE THE CITY COUNCIL,OF THE CITY OF ORINDA In the Matter of: Establishing the Rate per Equivalent } Runoff Unit for Fiscal Year 2002103, ) and requesting the Contra Costa. ) County Flood Control and Water } Conservation District to Adopt an } Resolution No. 19-02 Annual Parcel Assessment for } Drainage Maintenance and the ) National Pollutant Discharge } Elimination System Program } WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality control board, under the National Pollutant Discharge Elimination System (NPDES)program; and WHEREAS, the City of Orinda did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices (BMPs) to minimize or eliminate pollutants from entering storm waters; and WHEREAS, it is the intent of the City of Orinda to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities;and r WHEREAS, at the request of the City of Orinda, the Contra Costa County Flood Control and Water Conservation District ("District")has completed the process as required in order to form an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93- 47; and WHEREAS, the SUA and Program Croup Costs Payment Agreement between the City of Orinda and the District requires that the City of Orinda annually,by May I, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby determine that the rate to be assigned to a single ERU for FY 200212003 shall be set at $35.00. BE IT FURTHER RESOLVED that the City of Orinda does hereby request the District to adopt SUA levies based on said amount. Resolution No. 19-02 Pagel of 2 BEFORE THE CITY COUNCIL OF THE CITY OF PINOLE COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA In the Matter of Maintaining and } Establishing Stormwater Utility Equivalent } Runoff Unit Rate for Fiscal Year 200212003 } RESOLUTION NO. 132-2002 WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollugon Discharge Elimination System(NPDES)program, and WHEREAS,the City of Pinole did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS,it is the intent of the City of Pinole to utilize funds received from its Stormwater Utility Area{SUA}for implementation of the NPDES program and drainage maintenance activities; and WHEREAS,at the request of the City of Pinole,the Contra Costa County Flood Control& Water Conservation District(DIS'T'RICT)has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS,The SUA and Program Group Costs Payment agreement between the City of Pinole and the DISTRICT requires that the City of Pinole annually determine the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year. NOW THEREFORE BE IT RESOLVED,by the Pinole City Council that it does determine that the rate to be assigned to a single ERU for FY 2002/2003 shall be set at$35.00. BE IT FURTHER RESOLVED,by the Pinole City Council that it does hereby request the DISTRICT to adopt SUA levies based on said amount. F Es 02-0 mtup0mam I PASSED AND ADOPTED this 30TH clay of April 2002 by the following vote: AYES: COUNCILMEMBERS: Coley Horton and Alegria NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Murray and Boyle ABSTAIN: COUNCILMEMBERS: None N G. ABFMHAMSON, CMC DEPUTY CITY CLERK I hereby certify that the foregoing is a true and correct copy of the original document on file in the City Clerk'& office, City of Pinole,'Contra Costa County,State of Ciliforni .A hameon epf rClarkoftheCityofPinole R:kz1=kV 0hd; z%WWcRk20021t+FMS 02-03 ERV Rmo.&x April 9, 2002 State of California County of Contra Costa City of Pittsburg 1, Alice E. Evenson, Deputy 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 the City Council Resolution No. 02- 9581, on file in this office of said City. This Resolution was adopted at a regular meeting of the City Council of the City of Pittsburg on April 1, 2002. WITNESS, my hand, and Official Seal this 9th day of Apri , 2002. ajt� (�-' co-e'4�� Alice E. Evenson Deputy City Clerk 1 BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG Resolution of the City Council of the } City of Pittsburg Establishing the } Rate Per Equivalent Runoff Unit } for FY 2002/2003 and Requesting } the Contra Costa County Flood } Resolution No. 02-9581 Control and Water Conservation } District to Adopt an Annual Parcel } Assessment for Drainage Maintenance } and the National Pollutant Discharge } Elimination System Program } WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California Regional Water Quality Board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of Pittsburg {City} did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area {SUA}for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City, the Contra Costa County Flood Control & Water Conservation District{District} has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment agreement between City and District requires that City annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit{ERU}for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg does determine that the rate to be assigned to a single ERU for FY 200212003 shall be set at $24.00. BE IT FURTHER RESOLVED that the City Council of the City of Pittsburg hereby requests the District to adopt SUA levies based on said amount. Page 1 of 2 PASSED, AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1 ST day of April, 2002 by the following vote: AYES: Council Member Lewis, Rios, Quesada and Mayor Aiello NAPES: None ABSTAINED: None ABSENT: Council Member Beals-Rogers 116) rank Aiello, ayor ATTEST: illian J. Pride, City Clerk Wage 2 of 2 RESOLUTION NO. 20-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING PARTICIPATION IN THE STORMWATER POLLUTION MANAGEMENT UTILITY DISTRICT AND AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2002/03 FEE FOR PLEASANT HILLS STORMWATER UTILITY AREA WHEREAS, the Federal Water Pollution Control Act requires that storm water discharges in urbanized areas be regulated by a National Pollution Discharge Elimination System (NPDES) permit;and WHEREAS, in 1999, the City of Pleasant Hill, as a member of the Contra. Costa Clean Water Program, received an NPDES permit which requires the implementation of its stormwater Management Plan to minimize pollutants from entering storm waters; and WHEREAS, in 1993, the Contra Costa County Flood Control and Water Conservation District established a Stone Water Utility Area at the request of the City of Pleasant Hill to provide funds to implement requirements of the NPDES permit by adopting the Stormwater Utility Assessment Drainage Ordinance No.93-47;and WHEREAS, the Stormwater Utility and the Contra Costa Clean Water Program Group Costs Payment Agreement between the City of Pleasant Hill and the Contra Costa County Flood Control and Water Conservation District requires the City of Pleasant Hill to annually renew its participation in the Stormwater Pollution Utility District and authorize the Contra Costa Flood Control and Water Conservation District to set the rate for the Pleasant Hill Stormwater Utility Area;and WHEREAS,the rate is the fee for one Equivalent Runoff Unit(ERU);and WHEREAS, it is the intent of the City of Pleasant Hill to utilize funds received from its Stormwater Utility Area for complying with NPDES permit conditions and performing drainage system maintenance activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that: I. The City Council desires to continue participation in the Stormwater Utility District and determines that the rate to be assigned to a single ERU for fiscal year 2001/02 shall be set at$30.00. 2. The City Council authorizes the Contra Costa FIood Control and Water Conservation District to adopt Stormwater Utility Fees on behalf of the City of Pleasant Hill. I RESOLUTION 2002-0333 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO ESTABLISHING THE STORMWATER UTILITY ASSESSMENT RATE FOR FY 2002/2003 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT ACTIVITIES FOR THE CITY OF SAN PABLO. WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of municipal stormwater require a Permit from the San Francisco Regional Water Quality Control Board under the National Pollutant Discharge Elimination System(NPDES)regulations; WHEREAS, the City of San Pablo is a member agency in the Contra Costa Clean Water Program,which has developed a Stormwater Management Plan; WHEREAS,the Stormwater Management Plan serves as the basis for the NPDES Permit which is jointly held by the members of the Contra Costa Clean Water Program; WHEREAS, under the Contra Costa County Flood Control and Water Conservation District Act, the Contra Costa County Flood Control and Water Conservation District (District) has specified duties and powers to implement and administer the Contra Costa Clean Water Program; WHEREAS, Assembly Bill 2768 (AB 2768) authorizes the Contra Costa County Flood Control District to establish, by resolution, stormwater utility areas within the District, as prescribed, and to impose, except as specified within AB 2768, an annual assessment within a stormwater utility area in conjunction with the NPDES program on behalf of the City of San Pablo; WHEREAS, the District has therefore established a stormwater utility assessment(SUA) to pay for the implementation and administration of the Stormwater Management Plan as requested by the City of an Pablo, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47 by the County; WHEREAS, prior to imposing any assessments within any public entity, the Contra Costa County Board of Supervisors must have authorization from the public entity as described in AB 2768; WHEREAS, the SUA and Program Group Costs Payment agreement between the City of San Pablo and the District requires that the City of San Pablo annually by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year; WHEREAS, the City Council of the City of San Pablo adopted Resolution No. 93-21 in 1993, establishing a maximum SUA rate of$45.00 per ERU; I WHEREAS, it is the intent of the City of San Pablo for fiscal year 2002-2003, to increase by $3.15 the stormwater utility assessment on parcels of property within the limits of the City of San Pablo, by which to continue to fund the City's NPDES Permit activities and drainage maintenance; WHEREAS, such NPDES assessment is exempt from the provisions of Proposition 218, as California Constitution Article XIIIC, Section 5 exempts assessments formed exclusively to finance sidewalks, streets, sewers,water,flood control, drainage systems or vector control. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Pablo hereby determines that the SUA rate for the City of San Pablo shall be set at $42.00 for each ERU for Fiscal Year 2002/2003. BE IT FURTHER RESOLVED, that the City Council of the City of San Pablo hereby requests the Contra Costa County Flood Control District to process SUA levies based on $42.00 per ERU. Adopted this 15th day of April 2002,by the following vote to wit: AYES: COUNCILMEMBERS Wysinger, Gomes, Brown,Vigil and Palmer NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None ATTEST: APPROVED: /s/Genoveva Garcia Calloway /s/Johnny Palmer Genoveva Garcia Calloway, City Clerk Johnny Palmer,Mayor I HEREBY CERTIFY THAT THE FOREGOING IS A FULL,TRUE. AND CORRECT COPY OF l-�t �2 -t�-H Digruyj CITY CLERK RESOLUTION NO. 2002-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ESTABLISHING A RATE OF$30 PER EQUIVALENT RUNOFF UNIT FOR FY 2002/2003 FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PROGRAM AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL ANIS WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES)program; and WHEREAS, the City of San Ramon (City) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City of San Ramon to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities, and WHEREAS, at the request of the City of San Ramon, the Contra Costa County Flood Control & Water Conservation .District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between the City of San Ramon and DISTRICT requires that the City of San Ramon annually, by April 17, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Sari Ramon does determine that the rate to be assigned to a single ERU for FY 200212003 shall be set at$30.00. BE IT FURTHER RESOLVED, that the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. PASSED,APPROVED,AND ADOPTED,this 91h day of April, 2002 by the following vote: AYES: Councilmembers Cambra, Dickey, Hudson and Wilson NOES: ABSENT: Mayor Tatarka ABSTAIN: H. Abram Wilson, Vice- Mayor ATTEST: f� 1 hereby cemiJy that this is a i fu/l,true and accurate COPY Of a Xesofudon adapted by the City Cauncl of the 61t of San Ra n °n � lel/dy Macf lane, Cit Clerk �1 ; Cork RESOLUTION NO. 02-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WALNUT CREED ESTABLISHING THE CLEAN WATER PROGRAM RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2002/2003 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS,under Federal Water Pollution Control Act,prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System(NPDES)program; and WHEREAS,the City of Walnut Creek(CITY) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Stormwater Utility Area(SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra Costa County Flood Control &Water Conservation District (DISTRICT)has completed the process for formation of a SUA,including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between CITY and DISTRICT requires that CITY annually,by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year. NOW, THEREFORE BE IT RESO7LVED, that the City Council of the City of Walnut Creek does determine that the rate to be assigned to a single ERU for FY 2002/2003 shall be set at$22.50. BE IT FURTHER RESOLVED, that the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. PASSED AND ADOPTED by the City Council of the City of Walnut Creek at a regular meeting thereof held on the 16th day of April 2002,by the following called vote: AYES: Councilmembers: Abrams, Skrel,Hicks,Regalia, Mayor Rainey NOES: Councilmembers: None ABSENT: Councilmembers: None /s/Susan M. Rainey Mayor of the City of Walnut Creek CITY OF OAKLEY RESOLUTION NO. 14-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY, CALIFORNIA, ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2002/2003 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination (NPDES) program; and WHEREAS, the City of Oakley did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City of Oakley to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City of Oakley, the Contra Costa County Flood Control and Water Conservation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment agreement between the City of Oakley and DISTRICT requires that the City of Oakley annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley does determine that the rate to be assigned to a single ERU for FY 2002/2003 shall be set at$20.65. BE IT FURTHER RESOLVED, that the City Council of the City of Oakley does hereby request the DISTRICT to adopt SUA levies based on said amount. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions. Resolution No. 14-02 _ Page 1 I ADOPTED, THIS 25th day of March, 2002 by the following vote: AYES: Anderson, Huffaker, Nix, Rios, Vanek NOES: None ABSTENTIONS: None ABSENT: None -- APPROVED: MAYOR ATTEST: CITY CUE-RK I I hereby certify that this is a true and accurate copy of Resolution No. 14-02 adopted on March 25, 2002 by the City Council of the City of Oakley. NancOrtenb'Kad, City Clerk Resolution No. 14402 _ Page 2 TO: BOARD OF SUPERVISORS FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR DATE: APRIL 16,2002 SUBJECT: ADOPT RESOLUTION REQUESTING FLOOD CONTROL DISTRICT TO ADOPT ANNUAL PARCEL ASSESSMENT FOR THE COUNTY'S CLEAN WATER PROGRAM I. Recommended Action: ADOPT attached resolution establishing equivalent runoff unit (ERU) rate of$30.00 for unincorporated County arearand requesting the Contra Costa County Flood Control and Water Conservation District to adopt an annual parcel assessment for drainage maintenance and the National Pollutant Discharge Elimination System Program(NPDES)for unincorporated areas. 11. Financial Impact: No impact to the General Fund. The 2002-2003 rate per ERU is the same as that set for fiscal year 2001- 2002. Therefore, there will be no change in rate for unincorporated County property owners. The unincorporated area of Contra Costa County will produce approximately$2,700,000,which will be used to implement the unincorporated County's Clean Water ogram. Continued on Attachment: _x_ SIGNATURE: V'RECOMMENC3ATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE rs APPROVE OTHER r SIGNATURE(S): ACTION OF B ARD ON Ap r i 1 x 6: 2002 APPROVED AS RECOMMENDED x x OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT ) ATTESTED: Ari 7 _-16 2002 AYES:I' NOESTAIN: JOHN SWEETEN,,Clerk of the Board of Supervisors and County Administrator :fin G.\GrpUaWF dCtl1N PDES\BO\l3d Order Adopt ERU 92-03 Orig.Div:Public Works(FCD) Contact. Linda Martinez,(925)313-2279 B}' ----r 'Deputy cc: County Administrator r SUBJECT. ADOPT RESPOLUTION REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT ANNUAL PARCEL ASSESSMENT FOR THE COUNTY'S CLEAN WATER PROGRAM DATE: APRIL 16,2002 PAGE: 2 of 3 III. Reasons for Recommendations and Background: The Clean Water Program consists of the County, Contra Costa cities and the Flood Control District working together to prevent, reduce or eliminate the discharge of pollutants into the storm drain system, including creeks and other natural waterways. The Clean Water Program was established in response to changes in the Federal Clean Water Act. The Program, known at the federal level as the National Pollution Discharge Elimination System Program (NPDES) for Municipal Stormwater{owners, is in its eighth year. In order to be in compliance with the current NPDES permit, Clean Water Program participants implement a Stormwater Management Plan stipulating a set of activities and a performance or service level. The Stormwater Management Plan is a major component of the Joint Municipal NPDES Stormwater Permit with the California Regional Water Quality Control Boards and is paid for with stormwater utility fee assessments. Adoption of the attached resolution will begin the annual process of assessment adoption. Each year by May 1, the cities and the County determine the rate to be charged within their jurisdiction. The Board of Supervisors is being asked to set a rate of$30.00 for one equivalent runoff unit in the unincorporated County areas and to request the Flood Control District (District) to adopt the stormwater utility assessment. (The District is the only entity under state law with legal authority to assess this particular assessment.) The Public Works Department coordinates the Clean Water Program for the County. Examples of how the assessment is being spent in the current year include: General drainage maintenance to remove debris and sediment from County storm drain systems, flood control channels and creeks. Targeted street sweeping throughout the county. Work with County Building and Public Works inspectors and construction companies/contractors to reduce construction contaminants, such as paint, cement, oil/fuels and soil erosion from entering storm drains and creeks. Encourage Planners and the development community to use new designs that will reduce contaminated stormwater runoff. Educate the public on the benefits of reducing pesticides and other toxic household product use and their proper disposal. Educate County Engineers and Maintenance staff on flood control design, construction and maintenance practices that protect water quality and preserve natural watershed habitats. SUBJECT. ADOPT RESPOLUTION REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT ANNUAL PARCEL ASSESSMENT FOR THE COUNTY'S CLEAN WATER PROGRAM DATE. APRIL 16,2002 PAGE. 3 of 3 Inspection of industrial and commercial businesses for evidence that spill prevention, equipment maintenance and cleaning, waste handling and disposal, and other business practices are done in a manner which minimizes stormwater contamination. IV. Consequences of Nezative Action: If the rate per ERU is not set for the coming fiscal year, funds will not be available for the County's Chan Water Program to comply with the Joint Municipal NPDES Stormwater Permit. The Regional Water Quality Control Boards have the authority to issue fines of up to $10,000 per day against those municipalities that do not comply with the Permit and fail to implement their Stormwater Management Plans. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 16, 2002 by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 228 SUBJECT: ESTABLISH THE RATE PER. EQUIVALENT RUNOFF UNIT FOR STORMWATER. UTILITY AREA 17 (UNINCORPORATED COUNTY) FOR FISCAL YEAR 2002-03 AND REQUEST THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM The Board of Supervisors of Contra Costa County RESOLVES THAT; WHEREAS,under Federal Water Pollution Control Act,prescribed discharges ofstormwater require a permit from the appropriate California Regional Water Quality Board under the National Pollutant Discharge Elimination System(NPDES)program; and WHEREAS, the COUNTY of CONTRA COSTA did apply for, and receive, a NPDES permit,which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and T hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. .ATTESTED: April 16, 2002 /LM JOHN SWEETEN,Clerk of the Board of Supervisors and G:\GrpData\FldCtl\Administmtion\BO12002 BO\adngt Res SUA17 02-03 npt3c; County Administrator Originator: Public Works(FC) Contact: Linda Martinez(925)313-2279 c: D.Eckerson,Public Works By- >Deputy RESOLUTION NO. 2002/228 SUBJECT: ESTABLISH EQUVALENT RUNOFF UNIT RATE FOR STORMWATER UTILITY AREA 17 (UNINCORPORATED COUNTY)FOR FISCAL YEAR 2002/2003 AND REQUEST CONTRA COSTA COUN'T'Y FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT ANNUAL PARCEL ASSESSMENT. DATE: APRIL 16,2002 PAGE: PAGE 2 of 2 WHEREAS, it is the intent of the COUNTY to utilize funds received from its Stormwater Utility Area(SUA)for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the COUNTY, the Contra Costa County Flood Control and Water ConsefCation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance NO. 93-47; and WHEREAS,the SUA and Program Group Costs Payment agreement between COUNTY and DISTRICT requires that COUNTY annually,by May 1,determine the rate to be assessed to a single Equivalent Runoff Unit(ERU) for the forthcoming fiscal year in the unincorporated County; and NOW, THEREFORE BE IT RESOLVED,that the COUNTY Board of Supervisors of the COUNTY of CONTRA COSTA does determine that the rate to be assigned to a single ERU for Fiscal Year 2002-03 shall be set at$30.00. BE IT FURTHER RESOLVED,that the COUNTY Board of Supervisors does hereby request the DISTRICT to adopt SUA 17 levies based on said amount. RESOLUTION NO. 2002/228