HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-410 .F trtl,l3VA.,ti.iJ Vit .'�tUx`L+.tiVi�iV.t�r'' Vt'l;t3i�t'i'KA t.:iJkl1'A t:�UUI''t'1Y'C:Ai.,�13't3KA(lA �;"''r�
AS THE GOVERNING BODY OF CONTRA COSTA COUNTY
FLOOD CONTROL&'WATER CONSERVATION DISTRICT
Adopted this Resolution on June 24,2003 by the following vote:
AYES: Mvl MS MIA, MIM%, =M Atm DesAtIIN�
y
NOES: N
ABSENT:
ABSTAIN:,H1ff RESOLUTION NO.20031410
SUBJECT: Adaption Of Stormwater 'Utility Assessments For Fiscal Year 2403-04, For
Stormwater Utility Areas No. 1 'Through 18, Count rvsndo. Project No. 4500-
The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa
County Flood Control&Nater Conservation District,RESOLD T;
The Contra Costa County Flood Control and Water Conservation District Act,hereinafter referred to
as Act,provides authority for said Gov%wirn Body to establish Stormwater Utility Areas,and adopt
ordinances and resolutions for Stormwater Utility Assessments; and
This Board on June 22, 1993, established Stormwater Utility Areas 1-(Antioch), 2-(Clayton), 3-
Concord),4-(Danville),5- 1 Cerrito),6-(Hercules),7- etyette),8..{ ac inez ,9-(Moraga), 10-
Orinda), 11- mole , 12�ttsburg), 13-(Pleasant Hill , 14-(San Pablo, 15 San Raman), 16-
alnut Creek)), 17- Unincorporated County),and on May 9,2000 established torrnwater Utility
area 1 S-{Clakley). These areas consist ofthat real property located in the incorporated limits of the
cities indicated and the unincorporated County;and
On June 3, 2003, this Board set a public hearing to consider adopption of Stormwater Utility
Assessments for Fiscal Year 2003-04, for Stormwater Utility Areas No. 1 through No. 18;and
On June 24,2003,pursuant to the Board's Resolution of June 3,2003,this Board held a hearing to
consider the proposed Stormwater Utility Assessments, and at that time all written and oral
objections presented concerning the proposed Stormwater Utility Assessments for Fiscal Year 2003-
2004 were considered; and
It appears from the affidavits of publication on file with this Board that all notices required to be
given for such a hearing have been duly and regularly given and all procedures to be followed have
een followed, all in accordance with Sections 11 and 12.8 of Act and in accordance with the
provisions of the Board's Resolution of June 3,2003;and
DE:lm
aA0mData\F1dCtl\SWUSAnnua1 Foo Adopt\FY 03-04\itos SUA.doc I hereby certify that this is a true and correct copy of an
orig.Dept:public Works(FC) action taken and entered on the minutes of the Board of
Contact: Linda Martinez (92S)313-2279
c: County Administrator Supervisors on the date shown.
County Assessor(certified copy) 24, 2003County Auditor/Controller(certified copy) ATf'ESTED:
County Counsel JOHN SETEN,Clerk of the Board of Supervisors
County TreasuredTax Collector
Public Works: and County'Administrator
Greg Connaughton,Flood Control-
Cm sellgren,Engineering Svcs
By Deputy
RESOLUTION NO. 20034io
SUBJECT: Adoption of Stormwater Utility Assessments for Fiscal Year 2003-04, for
Stormwater Utility Areas No. 1 through 18, Countywide.
DATE: June 24, 2003
PAGE: 2 of 2
This Board has received copies of resolutions approved by a majority of the members of the city
councils,town councils,and Board of Supervisors representing the geographic areas of Stormwater
Areas No. 1 through No. 18,and said resolutions request that this Board adopt the annual assessment
rate denoted herein for their jurisdiction for Fiscal Year 2003-04.
This Board found that the activity, adoption of Stormwater Utility Assessments and adjustments
based on equivalent runoff units are not subject to the California Environmental Quality Act CEQA)
f Tof CEC�A"guide Ines on June I3; �ce-6-f__...�_._....
xemption MufflUMM 14, 199 .
This Board FINDS that the proposed assessment rate for each Stormwater Utility Area does not
exceed the maximum annual assessment rate established for the area;and
This Board, in accordance with Ordinance No. 93-47, ADOPTS by this resolution annual
assessments for Fiscal Year 2003-04 within Stormwater Utility Area No. 1 through No. 18 based on
the following rates per ERU for each area:
Assessment Rate per
Stormwater Utility Area(SUA) Equivalent Runoff Unit
SUA No. 1 (Antioch) $23.00
SUA No. 2(Clayton) $29.00
SUA No. 3 (Concord) $35.00
SUA No. 4(Danville) $25.00
SUA No. 5 (El Cerrito) $30.00
SUA No. 6 (Hercules) $35.00
SUA No. 7 (Lafayette) $35.00
SUA No. 8 (Martinez) $30.00
SUA No. 9(Moraga) $35.00
SUA No. 10(Orinda) $35.00
SUA No. 11 (Pinole) $35.00
SUA No. 12(Pittsburg) $24.00
SUA No. 13 (Pleasant Hill) $30.00
SUA No. 14(San Pablo) $42.00
SUA No. 15 (Sari Ramon) $35.00
SUA No. 16 (Walnut Creek) $35.00
SUA No. 17 (Unincorporated County) $30.00
SUA No. 18 (Oakley) $25.00
This Board hereby DIRECTS the Chief Engineer to file with the County Assessor and the County
Auditor/Controller a list ofthe parcels subject to the assessment levied for Fiscal Year 2003-04;and
This Board hereby DIRECTS the Clerk of the Board to file with the County Assessor and the County
Auditor/Controller a certified copy of this resolution.
RESOLUTION NO. 2003/410
ENGINEER'S REPORT FOR
THE ADOPTION OF FISCAL YEAR
2003-04 ASSESSMENTS FOR
CONTRA COSTA COUNTY
FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
STRMWATER UTILITY AREAS
NOS. 'I THROUGH 1
Prepared by the Staff of the
Contra Costa County Flood Control
and Water Conservation District
255 Glacier Drive
Martinez, CA 94553
May 2003
1. RECOMMENRATION:
It is recommended that:
a. The Stormwater Utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 2003-
2004 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
1 Antioch 25.00 21.00 $23.00
2 Clayton $29.00 $29.00 $29.00
3 Concord $35.00 $35.00 $35.00
4 Danville $30:00 $25.00 $25.00
5 El Cerrito $38.00 $30.00 $30.00
S Hercules $35.00 $24.00 $35.00
7 Lafayette $35.00 $35.00 $35.00
8 Martinez $30.00 $30.00 $30.00
9 Moraga $35.00 $20.00 $35.00
10 Orinda $35.00 $35.00 $35.00
11 Pinole $35.00 $35.00 $35.00
12 Pittsburg $30.00 $24.00 $24.00
13 Pleasant Hill $30.00 $30.00 $30.00
14 Sen Pablo $45.00 $42.00 $42.00
15 San Ramon $35.00 $30.00 $35.00
16 Walnut Creep $35.00 $22.50 $35.00
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,
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 forstormwater 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
2
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05120(03
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 simll`itf to other utilities. It has a purpose, a geographic boundary, and a method
for spreading the utility costs to benefiting properties or recipients. Theup rpose of the stormwater.--_._-
�u'tiliq-1s-tri fund�e�imo emen on�s 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 lard use, parcel size, and the number of ERUs assigned to individual parcels
in each Stormwater Utility Area. A typical single family residence (8,0100 SF to 20,000 SP 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 2003.04:
Indicated below are the estimated budgets for each stormwater utility area. The District's
administration and collection costs are estimated at $1.80 per parcelwhich 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
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 Proposition 218 (California Constitution, Article XIIi D, Section 4).
3
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PROJECTED EXPENDITURES
yy
ey
wi!
1 Antioch $263,120 $629,488 $12,226 $23,056 $927,890
2 Clayton $29,931 $94,481 $2,151 $3,550 $130,114
3 Concord $337,131 $1,602,232 $16,284 $29,404 $1,985,051
4 Danville $117,003 $320,945 $7,048 $12,724 $457,720
5 El Cerrito $63,943 $233,758 $4,048 $7,131 $3088,880
6 Hercules $54,828 $186,754 $3,479 $5,638 $250,699
7 Lafayette $66,392 $374,396 $4,012 $6,981 $451,781
8 Martinez $99,861 $543,844 $5,644 $10,322 $659,671
9 Moraga $44,896 $235,450 $2,961 $4,761 $268,068
10 Orinda $48,570 $310,228 $3,178 $5,708 $367,685
11 Pinole $52,923 $249,270 $3,232 $5,325 $310,750
12 Pittsburg $162,988 $423,328 $7,447 $12,440 $606,203
13 Pleasant Hill $90,745 $384,307 $5,154 $9,389 $489,595
14 San Pablo $84,079 $303,510 $2,919 $5,235 $395,743
15 San Ramon $125,846 $737,824 $7,743 $13,201 $884,614
16 Walnut Creek $179,314 $1,020,494 $10,585 $19,035 $1,229,428
17 Unincorporated County $422,298 $2,324,223 $24,366 $41,029 $2,811,916
18 Oakley $71,154 $276,893 $3,364 $6,612 $358,023
TOTAL: $2,315,022 $10,251,435 $125,841 $221,541 $12,913,829
(1) Agency funding for NPDES includes storm drain system maintenance and contingency costs.
4
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05120/03
Y
RESOLUTION NO. 10-2003
A RESOLUTION ESTABLISHING THE RATE PER EQUIVILANT RUN-OFF UNIT
(ERU)FOR FY 2003-2004 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
TRE CITY COUNCIL
City of Clayton, California
.--W`HEAS,._utFder-tiles Fd -Water
@Qalitp--ACt,--lsrescrirbeif._ huges.....�f...._.........__
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 minimi 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 Group 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.
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 2003-04 shall
be set and assessed at$29.00.
Resolution No. 10-2003 1 April 15,2003
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
held on April 15, 2003,by the following vote.
AYES: Councilmember Manning,Shuey,Walcutt,Vice Mayor Pierce and Mayor Laurence.
NOES: None.
ABSENT: None.
Approved by:
P't�W, L"'�
Peter A.Laurence,Mayor
AT�-�^�,TEST:
4 n _ Y-- +
Rhonda Basore,City Clerk
I hereby certify that Resolution Na aoo 3
was duly and regtdariY►passed by the
Council of the C fiy at a regular
meeting held on l5
SLI.
Rhon a asomty erk
Resolution No. 10-2003 2 April 15,2003
COPY
I 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 2003-04 for Drainage
4 Maintenance and the National Pollutant Discharge
Elimination System Program Resolution No.03-7
5 r
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 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 to 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 Storm Water Utility
17 Area(SUA),including the adoption of Ordinance No. 93-74,Storm Water Assessment Drainage; and
18 WHEREAS,the SUA and Program Group Costs Payment Agreement between the City of
19 Concord and District requires the City of Concord, annually by May 1,to determine the rate to be
20 assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year; and
21 WHEREAS,the City Council adopted Resolution 93-14, which established the range of
22 annual assessment to be imposed by the District within the SUA not to exceed$35 per ERU.
23 H
24 H
25 H
26 H
27 11
28 11
Res.No.03-7 1 -
I NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF CONCORD DOES
2 RESOLVE AS FOLLOWS:
3 Section, . The annual assessment to be imposed by the District within the SUA shall be
4 $35.00 per ERU for fiscal year 2003-04, and shall not exceed a maximum of$35.00 per ERU for
5 subsequent fiscal years.
6 Section 2. The City Council requests the District to adopt storm water utility area levies based
7 on said amount.
8 action 3. This resolution shall become effective immediately upon its passage and adoption.
9 PASSED AND ADOPTED by the City Council of the City of Concord on February 11,2003,
10 by the following vote:
11 AYES: Councilmembers-S.Bonilla,L.Hoff neister,B.McManigal,H. Allen
12 NOES: Councilmembers-None
13 ABSTAIN: Councilmembers -None
14 ABSENT: Councilmembers -M.Peterson
15 1 HEREBY CERTIFY that the foregoing Resolution No.03-7 was duly and regularly
16 adopted at a regular joint meeting of the City Council and the Redevelopment Agency of the City of
17 Concord on February 11,2003.
18 Mary Rae Lehman
City Clerk
19
20
By
21 Elaine—R.Boehme, CMC
Deputy City Clerk
22
23 APPROVED AS TO FORM: a doe Inst this is°`'�0M at
�, on lila in tete crtlbs.
24 DW* CIS*
.cal bmia
25
Craig Labad'
26 City Attorney----
27
28 cc: CCC Flood Control &Water Conservation District
Ras.Into.03-7 2
I,Marie Sunseri,City Clerk of the Town of Danville,hereby certify that this is a true and
correct copy of Town Council Resolution No. 37-2003.
Marie Sunseri,City Clerk
RESOLUTION NO. 7-2.003
AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER
CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2003-04 FEE
FOR THE TOWN'S'STORMWATBR UTILITY AREA
WHEREAS,the Federal Water Pollution Control Act requires dischargers of stormwater to
obtain a National Pollutant Discharge Elimination System(NPDES) permit from the San
Francisco Regional Water Quality Control Board;and
WHEREAS,Danville has joined 19 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
WHBRB A►S,the Town complies with the NPDES permit requirements by operating;a local
Stormwater Pollution Control Program (SPCP) and implementing Best Management
Practices to minimize or eliminate pollutants from entering stormwaters;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 SP'CP 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.
APPROVED by the Danville Town Council at a regular meeting on April 15,2003,by the
following vote:
AYES: Arnerich, Moyle, Greenberg, Stepper
NOES: Shimansky
ABSTAINED: Done
ABSENT: Done
AW04 X.
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY CTTY CLERK
PAGE 2 OF RESOLUTION NO,37-2003
RESOLUTION 2003-35
RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF EL CERRITO ESTABLISHING THE RATE AND
ADOPTING AN ANNUAL PARCEL ASSESSMENT FOR THE DRAINAGE MAINTENANCE AND THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM (NPDES)
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 El Cerrito did apply for,and did receive,a NPDES permit which requires the
.___.__[MpLgMentatlon of selede , oa- . oment,Practices.int.minimize-or_oliminataPollutants_from.-antedr4..._. _._....
tormwaters;'and
WHEREAS, It Is the Intent of the City of El Cerrito to utilize funds received from its Stormwater Utility
Area (SUA)for implementation of the NPDES program and drainage maintenance activities; and
WHEREAS,at the request of the City of EI Cerrito,the Contra Costa County Flood Control&Water
Conservation District(DISTRICT)has completed the process for formation of a SUA,Including the adoption
of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and
WHEREAS,the SUA and Program Group Costs Payment agreement between the City of El Cerrito
and DISTRICT requires that the City of El 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 FY 2003-2004 shall be set at$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 FURTHER RESOLVED, that this Resolution shall become effective Immediately upon
passage and adoption.
I CERTIFY that at a regular meeting on April 21, 2003 the City' Council of the City of El Cerrito
passed this Resolution by the following vote:
AYES: COUNCILMEMBERS: Abelson; Brusatori, Moore., Potter, Friedman
NOES: COUNCILMEMBERS: None
ABSENT: ' COUNCILMEMBERS: None
IN WITNESS of this action,I sign this document and affix the oorporate seat of the City of El Cerrito
on April 21,2003.
a M. Giddings; Clerk
# APPROVED: PIED A TRUE CO
�Mayor
L145 •M- GIDDIN •erkMark Frledman, of the City 0f Fi Cerrito, CA
U5JGCl!LUUS IU. JU 171U/7aOL43 taUlyl L+GV 1`iGKtrULGJ
r'Akat CJL!Cl
RES�OLUTZON.N0 crc S I'a.ge 2 of
RESOLUTION NO. 03-
CONTINUING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2003.04 AT 535:00 AND
REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT ADOPT AN .ANNUAL PARCEL ASSESSMENT FOR DRAIGAGE MAINTENANCE AND THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM
WHEREAS, under Federal Water Pollution Control tact, prescribed discharges of Stormwater;requirir a permit
ffof_appFo-Tn' —0al`brrft-_lkgiarr&-Water--Quality--hoard--.under- a '15 at c n l Dim -Bli iz tion S cstern
(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 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 93-47;and
r:
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 1, determine that 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 be assigned to a single£RU for FY 2.003-04 shall be set at$35.00.
BE IT FURTHER RESOLVED, that the City Council for the City of Hercules does hereby inquest the
District to adopt SUA levies based on said amount.
5/20/2043
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• Age 3 of 3
' RESOLUTION 1�0 r
The foregoing Resolution was duly and regularly adopted at the regular meeting of tile City Council 4f, the City
of Hercules held on the 276 of May, 2403 by the following vote of the Council.
.YES: i.
1:
tf;
NOES: )
ABSENT:
'i.
Cx
i.
Ed Ba1ico, Mayor
ATTEST:
Doreen Mathews, City Clerk
t
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ft
4
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5/20/2043
BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETIC'E
IN THE MATTER OF.
Establishing the Rate per Equivalent Runoff Unit for } RESOLUTION NO.2003-019
Fiscal Year 2003-2004 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 Cmtrol.Act,,prescribed.discharges...of stcrmwater
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 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 Lafayette does
determine that the rate to be assigned to a single ER.0 for FY 2003-2004 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 April 14,2003,by the
following vote:
AYES: Federighi, born, Anduri and Tatzin
NOES: Done
ABSENT: Samson
ABSTAIN: None
APPROVED:
ATTEST: Cared Federighi,Mayor
e Robbins,City Clerk
1
RESOLUTION NO. 042=03
ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR
2003-Y2004 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL
AND NATER 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
discharge of stormwater requires a permit from the California
�eg.ional--mater_., ualit_y
Discharge Elimination System (NPDES) program; and
WHEREAS, The City of Martinez (CITY) has obtained an NPDES Permit
which requires the implementation of selected Hest 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
I�PDES program and drainage maintenance activities; and
WHEREAS, at the request of the CITY, the Contra Costa County Flood
Control and Water Conservation District (DISTRICT) formed a SUA,
including the adoption of the 'Stormwater Utility Assessment
Drainage Ordinance No. 93-47; and
WHEREAS, the Stormwater Utility Area and Program Group Costs
Payment agreement between the CITY and the DISTRICT requires that
the CITY an wally, by May 1, determine the rate to be assigned to
a single Eqivalent Runoff Unit (ERU) for the forthcoming fiscal
year.
NOW, THEREFCIRE, BE IT RESOLVED that the City Council of the City of
Martinez does determine that the rate to be established to a single
ERU for fiscal year 2003-2004 shall be set at $30.00.
BE IT FURTHER RESOLVED that the City Council does hereby request the DIStTRICT to
adopt Stormwater utility Assessment levies based on said amount.
i
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 23rd
day of April, 2003 by the following vote:
_.._. _ .. _ COUNCILMEMBERS DeLaney, Kennedy, Wainwright, Vice Mayor
Ross and Mayor Schroder __.._..._.__ __._._ ....__. _ . ...
NOES: None
ABSENTt None
RICHARD G. HERNANDEZ, CIT LERK
CITY OF MARTINEZ
I HEREBY CERTIFY that ft
instrument h a truer a"
ccs<tcopy of the odgimal
an Me in this offim
RICHARD 0.HBRNANDBZ,CVV 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 13 -2003
Equivalent Runoff Unit for FY 2003-2004 }
At$35.00 and Requesting the Contra Costa )
County Flood Control and Water }
Conservation District to Adopt an Annual }
Parcel Assessment for Drainage Maintenance }
_ -And the Itionel PaillunTCSlsciarge
'Elimination System (NPDES) Program )
r,
WHEREAS, under the Federal Water Pollution Control Act of 1087,
prescribed4dis,0f1 es of stormwater require a permit from the appropriate
s " California I egl6hal Water Quality Board under the National Pollutant Discharge
Elithibiatiori.Sye#em.(NPDES) Program; and
_ WHEIAS, it Is the Intent of the Town to utilize funds received from Its
- Stoj mwgteF*gAlIIty 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
stormwa#ers; 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$35.00 will provide sufficient funds to undertake the FY 2003-
2004 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 2003-2004 shall be set at$35.00.
BE IT FARTHER 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 ORINIDA
In the:Matter of
Establishing the Rate per Equivalent )
Runoff Unit for Fiscal Year 2003/04, )
and requesting the Contra Costa )
County Flood Control and Water )
Conservation District to Adopt an ) Resolution No. 23-03
Annual�F''arcef Assessment far
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 Chinch to utilize funds received--,from its
Stormwater Utility Area (SUA) for implementation of the NPDES program ,end coinage
maintenance activities;and
WHEREAS, at the request of the City of Orinda, the Contra Costa County Fl000,.Control
and Water Conservation District ("District")has completed the process as required in order Io form
an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-
47; and
WHEREAS, the SUA and Program Group Costs Payment Agreement between the City of
Oxinda and the District requires that the City of Orinda 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 Orinda does
hereby determine that the rate to be assigned to a single ERU for FY 2003/2004 shall be set at
$35.00.
13E IT FURTHER. RESOLVED than the City of Orinda does hereby request the District to
adopt SUA levies based on said amount.
Resolution No. 23-02
Page 1 of 2
BEFORE THE CITY COUNCIL OF THE CITY OF PINOLE
COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA
In the Matter of Maintaining
Establishing Stornswater Utility Equivalent )
Runoff Unit Rate for Fiscal Year 200312004 ) RESOLUTION NO. 119-2003
WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of
_.. stormwater require-a pemtit from the. nate•California-regional-'water-quality board tmder-the _..... .
National Pollution 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(DISTRICT)has completed the process for formation of a SVA;
including the adoption of the Stormwater.Utility Assessment Drainage Ordinance No.9347,And
WHEREAS,The SUA and Program Oroup.Costs Payment agreement between the City of
Pinola 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
2QO3I2004 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,
a�csaaxx a.ri 3cat lCaue�,i av a 150*M 0544 BRU a tm&,c
PASSED AND ADOPTED this 15th day of April 2003 by the following vote:
AYES: COUNCILMEMI3ERS: Boyle,Horton,Murray, &Alegria
NOM: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cole
ABSTAIN: COUNCI AIEMBERS: None
D AB ON,CMC%AtE
DEPUTY CITY dbERK
I hey certlty that the torepoing Is a truo WW:.
correct cm of";0v ic M on the In the
` rs Coate
op it _ ar7.w noW
Dem
B 1f7 3�1tLiA�eed► tStl S 43-04 MW PAW dm
. w
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of: Resolution No. 03-9806
Resolution of the City Council of the }
City of Pittsburg Establishing the )
Rate Per Equivalent Runoff Unit }
for FY 2003/2004 and Requesting )
the Contra Costa County Flood )
Contrel-and,�er
District to Adopt an Annual Parcel }
Assessment for Drainage Maintenance }
and the National Pollutant Discharge }
Elimination System Pm am )
WHEREAS, under Federal Water Pollution Control Act(Clean Water 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.
03-47; 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 2003/2004
shall be set at$24,00,
BE IT FARTHER RESOLVED that the City Council of the City of Pittsburg hereby
establish the City's ERU rate to be $24.00,and requests the District to adapt 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 21'7 day of April, 2003 by the following vote:
AYES: Council Member Rios, Parent, Kee, Glynn & Mayor Beals
NAYES: None
ABSTAINED: None
ABSENT None
Y' nne Be , 11Aayor.
ATTEST:
Lillian J. Prlde,.City Clerk
Page 2 of 2
April 28, 2003
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 Resolution No. 03-9806, on file in
this office of said City, adopted at a regular meeting of the City Council of the City of
Pittsburg on April 21, 2003.
WITNESS, my hand, and Official Seal
this 28th day of April, 2003.
f-01w Y � -�
Alice E. Evenson
Deputy City Clerk
RESOLUTION NO., 26-03
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 24013/04 FEE FOR PLEASANT HILL'S STORMWATER
UTILITY AREA
_'WHEREAS,the'Nae—ral-Water Pollution ContrcrrA.ct requu�s that stonnwater discharges in
urbanized areas be regulated by a National Pollution Discharge Elimination System (NPDES)
permit;and
WHEREAS, in 1993, the Contra Costa County Flood Control and Water Conservation
District established a Storm 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, 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 creek waters;and
WHEREAS, the Stormwater Utility and the Contra Costa Clean Water Program Group
Costs Payment Agreement between the City of Pleasant Mill and the Contra Costa County Flood
Control and Water Conservation District requires the City of Pleasant Hill to annually renew its
patticipatibn°:-in-thie irnwater 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 (preventing stormwater
pollution)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 2003/04-
shall
003/04shall be set at$30.
2. The City Council authorizes the Contra Costa Flood Control and Water Conservation
District to adopt Storrnwater Utility Fees on behalf of the City of Pleasant Hill.
RESOLUTION NO. 2003-045
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO
ESTABLISHING THE STORMWATER UTILITY ASSESSMENT RATE FOR FY
2003104 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL
AND 'NATER 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 Comral- Act, prescrit ed -discharges_.a f
municipal stormwater require a Permit from the San Francisco Regional Water Quality Control
Beard 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;
CADocutnenta and SettinV\knxateev\Lvaai SettinglU mperary tntemat piiea%OLMSUARBS01.DOC
WHEREAS, it is the intent of the City of San Pablo for fiscal year 2003-2004, to retain
the same stormwater utility assessment rate on parcels of property within the limits of the City of
San Pablo as for the previous fiscal year,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 B� 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 2003/04.
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 21st day of April 2003,by the following vote to wit:
AYES: COUNCILMEMBERS Gomes, Morris Calloway,Vigil and Brown
NOES: COLTNCILMEMBERS, None
ABSENT: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ATTEST: APPROVED:
Isl Ted J. DgpRey /s/Sharon J.Brown
Ted J.Denney,City Clerk Sharon J.Brown, Mayor
I HEREBY CERTIFY THAT THE FOREGOING IS A FULL,TRUE
AND CORRECT COPY OF .- 4M 42292—PYS
QM)ommnu and Sdiinp3walmV4.ocal Settingx\renVorwy Intemet RoskOLMUARESOLDOC AYA"1-0-7 CITY CLERK
RESOLUTION NO. 2003-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON
ESTABLISHING A RATE OF$35 PER EQUIVALENT RUNOFF UNIT FOR FY 2003/2004
FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
STORMWATER PROGRAM AND REQUESTING THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT
AN ANNUAL PARCEL ASSESSMENT
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) stormwater 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 stormwater program and drainage
maintenance activities; and
WHEREAS, at the request of the City of San Ramon, 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 San.
Ramon and the 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 San Ramon
does determine that the rate to be assigned to a single ERU for FY 2003/2004 shall be set at$35.00.
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 8`'day of April, 2003 by the following vote:
AYES: Councilmembers Cambra, Dickey, Hudson, Tatarka and Mayor Wilson
NOES:
ABSENT:
ABSTAIN:
H. Abram Wilson,Mayor
FST:
!h r+eby cewy that this it ae
Llane,
Jw4 true and accurate copy of
a Besotuden adopted by the CI►dy M � Cit lerk eoundi pf the of IVIM e
on
am*
TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA
COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
FROM: MAURICE SHIU, CHIEF ENGINEER
DATE: APRIL 15,2003
SUBJECT: Adopt Resolution Requesting Flood Control District To Adopt Annual Parcel Assessment
For The County's Clean Water Program
I. Recommended Act=
2511
ADOPT Resolution 20031**** establishing an equivalent runoff unit{ERCT}rate of$30 for unincorporated
County areas 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(NPDES)for corporated areas.
Continued on Attachment: x SIGNATURE:
./°RECOMMENDATION OF COUNTY ADMINISTRAT R
RECOMMENDATION OF BOARD COMMITTEE
:APPROVE OTHER
SIGNATURE(S)-
ACTION OF BOAV ON APRT� APPROVED AS RECOMMENDED X OTHER
I hereby certify that this is a true and correct copy of an
VOTE OF SUPERVISORS action taken and entered on the minutes of the Board of
xx UNANIMOUS(ABSENT one Supervisors on the date shown.
AYES: NODS:
ABSENT: ABSTAIN:
DISTRICT III SWAT VACANT ATTESTED: APRIL 115, 2003
JOHN SWEETEN,Clerk of the Board of Supervisors and
County Administrator
OC:UA:cjd By ,Deputy
C.NftDstalFldCtllAdministtation\Board Orderet2003 BO\Bd Chlor Adopt CCC
F. tU.doc
Orig.Div:Public Works(PCD)
Contact: Unds MadnM(925)313.2279
cc: County Administrator
County Counsel
County Auditor Controller
Public Works
0.Connsughton,Flood Control
Accounting
S.Wright,Clens Water Pw
SUBJECT: Adopt Resolution 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 15,2003
PAGE: 2 of 3
II. FIscal,Impact:
No impact to the General Fund. The 2003-2004 rate per ERU is the same as that set for fiscal year
2002-2003. Therefore,there,will be no change in rate for unincorporated County property owners.
_The un temp+ at area of -ontmr -Costa--County.wilf-pr-oduee apprex-inu t y- 2;7-fl4 QOO., which-
will be used to implement the unincorporated County's Clean Water Program.
lll. 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 is known at the
federal level as the National Pollution Discharge Elimination System Program (NPDES) for
Municipal Stormwater Owners. 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 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 Inspection and Public Works inspectors and construction
companieslcontractors to reduce construction contaminants,such as paint,cement,oil/fuels
and soil erosion from entering storm drains and creeks.
« Y
SUBJECT: Adopt Resolution 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 l5,2003
PAGE: 3 of 3
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.
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. Couleau+ences of Negative Action:
If the rate per ERU is not set for the corning fiscal year, hands will not be available for the
County's Clean 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 $l0,000 per
day against those municipalities that do not comply with the Permit and fail to implement their
Stormwater Management Plans.
Y '
I hereby certify that this is a true and accurate copy of Resolution No. 2103
adopted on April 28, 2003 by the City Council of the City of Oakley and on file
in the City Clerk's Office at 3639 Main Street, Oakley, California.
Linda odrlguez Todd, Dep C' Jerk
t
r
RESOLUTION NO. 21-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ESTABLISHING
THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2003/2004 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
_ WNEI ESS, -under the-. _Federal Water Asti presedbed-. _. _.
discharges of stormwater require permlt from the approptlate 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
2003/2004 shall be set at$25.00.
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.
PASSED AND ADOPTED this 28th day of April, 2003 by the following vote:
Resolution No. 21-03 1
AYES: Andersen, Nix, Rias, Huffaker
NOES: None
ABSTENTIONS: None
ABSENT: Vanek
APPROVED:
01
x
ATTEST:
CITY CLERK
Resolution No.21-03