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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 OCIM C AGtpDatalF1dCt11SWUPAnnual Foo Adopt\FY 03-041Enginacr Roport2.doc 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 C9 IM 0:kGrpl tata\F1dCd\SWUF\Anuua1 Pa AdoptTY 03-04Engincer Repora.doo 05/20103 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 OC:IM G.\GrpD*td0dCt11.SWLTF\AnnuW Fee Adopt\FY 43.044%ngineer Report2.doc 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 0' 120,12003 10:50 15107998249 CUM DEV HERCt lt„r.a t-%Ut p,;VJ/104 • 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 F 7zlmydOctivrkg,tldr�sttm-racal�cso-+Cc�t�taitettunnff ft 4 x 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