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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-283 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL&WATER CONSERVATION DISTRICT Adopted this Resolution on May 25, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2004/283 (West'Tat Me 7ppe Ch. 63 Sec. 12.2 and 12.3) SUBJECT: Notification Of Hearing To Consider The Adoption Of Stormwater Utility Assessments For Fiscal Year 2004-2005 For Stormwater Utility Areas No. 1 Through 18,Countywide. (All Districts) The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control &Nater Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act,hereinafter referred to as Act,provides authority for said Governing Body to establish Stormwater Utility Areas and adopt ordinance for Stormwater Utility Assessments; and The Board, On June 22, 1993, established Stormwater Utility area 1 (Antioch), 2 (Clayton), 3 (Concord), 4 (Danville), 5 (El Cerrito), 6 (Hercules), 7 (Lafayette), 8 (Martinez), 9 (Moraga), 10 (Orinda), 11 (Pinole), 12(Pittsburg), 13(Pleasant Hill), 14(San.Pablo), 15(San Ramon), 16(Walnut Creek), 17 (Unincorporated County), and on May 9, 2000,established Stormwater Utility area 18 (Oakley). These areas consist of that real property located in the incorporated limits of the cities indicated and the unincorporated County; and This Board also has before it the Chief Engineer's report providing an estimate of the cost of the National Pollutant Discharge Elimination System('NPDES)permit activities to be borne by property in the individual Stormwater Utility Areas. This report will be on file within 30 days of the public hearing to adopt Fiscal Year 2004-2005 Stormwater Utility Assessments and maybe examined at the office of the Clerk of the Board of Supervisors, Administration Building,Martinez, California. It is proposed that Stormwater Utility Assessments for Fiscal Year 2004-2095 be adopted for Stormwater Utility Areas 1 through 18; and I hereby certify that this is a true and correct copy of an GC:LM:cw action taken and entered on the minutes of the Board of G:1GrpData\FldCt11Adrninistration\Board Orders Supervisors on the date shown. \2OD4 BOLSUA notice reso.doc Orig.Dept:Public Works(FC) ATTESTED: MAY 25, 2004 Contact Linda Martinez (925)313-2279 cc: County Administrator JOHN SWEETEN,Clerk of the Board of Supervisors County Assessor and County Administrator County Auditor/Controller County Counsel County Treasurerrrax Collector Public Works:Greg Connaughton,Flood Control By_ ,Deputy RESOLUTION NO. 20041283 _........ ......... _..._.._. ... _..... ......_...._.. _.. ...... .................................................................. ....... .......... ......... ............ ..... ........... _..._._.. SUBJECT: Notification Of Hearing To Consider The Adoption Of A Stormwater Utility Assessment For Fiscal Year 2004-2005 For Stormwater Utility Areas No. 1 Through 18,Countywide. (All Districts) DATE: May 25, 2004 PAGE: 2 At 9:30 a.m. on June 22, 2004, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the adoption of Fiscal Year 2004-2005 Stormwater Utility Assessments. At the hearing,this Board will hear and pass upon any and all written and oral objections to the adoption of the proposed Fiscal Year 2004-2005 Stormwater Utility Assessments. Upon conclusion of the hearing, the Board may abandon the proposed actions or proceed with the same. The Clerk of the Board is DIRECTED to publish a Notice of Hearing,pursuant to Government Code 6066, once a week for two (2) successive weeks prior to the hearing in the West County Times, Contra Costa Times,and Antioch Daily Ledger newspapers of general circulation,circulated in areas proposed to adopt Fiscal Year 2004-2005 Stormwater Utility Assessments. Publication shall be completed at least seven(7) days before said hearing and said notice shall be given for a period of not less than twenty(20)days. The exterior boundaries of the Stormwater Utility Areas include lands within the cities indicated above. The Clerk of the Board is DIRECTED to forward to the governing body of said cities a copy of this Resolution at least twenty(20)days before the above noted hearing. The mailing addresses and individual recipients are listed in the attached Exhibit A. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District. RESOLUTION NO. 2004/'283 ENGINEER'S REPORT FOR THE ADOPTION OF FISCAL YEAR 2004-05 ASSESSMENTS FOR CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT STORMWATER UTILITY AREAS NOS. 1 THROUGH 18 Prepared by the Staff of the Centra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez, CA 94553 April 2004 1. RECOMMENDATION: It is recommended that: a. The Stormwater Utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 2004- 2005 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 Stormwater Maimurn "Ex,sting ERU Props sed ERU Area Rahe fort Rate for FY Utility Area No. ERU Rate 200304 20045' 1 Antioch $25.00 $23.00 $25.00 2 Clayton $29.00 $29.00 $29.00 3 Concord $35.00 $35.00 $3:.00 4 Danville $30.00 $25.00 $27.50 5 EI Cerrito $38.00 $30.00 $38.00 6 Hercules $35.00 $35.00 $35.00 7 Lafayette $35.00 $35.00 $35.00 8 Martinez $30.00 $30.00 $30.00 9 Moraga $35.00 $35.00 $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 San Pablo $45.00 $42.00 $43.00 15 San Ramon $35.00 $35.00 $35.00 16 Walnut Creek $35.00 $35.00 $35.00 17 Unincorporated County $30.00 $30.010 $30.00 18 Oakley $30.00 $25.00 $28.00 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 2 GC:im G:\GrpData\FidCtl\SWUF\Annual Fee Adopt\FY 04-05\Engineer Report2.doc 5/10/04 was to prohibit these pollutants from industrial process wastewater and municipal sewage. The Act was amended in 1987 mandating the Environmental Protection Agency (EPA) to establish regulations setting forth the NPDES Permit Application requirements for stormwater discharges for municipalities, industries and construction projects. Contra Costa County, its incorporated cities and the Flood Control District joined together to form the Contra Costa Clean Water Program in order to marshal the necessary resources and develop the most cost-effective program to comply with these federally mandated requirements. One of the requirements of the NPDES permit process is to identify funding sources for implementation of the program activities. The Contra Costa Clean Water Program Management Committee identified the formation of stormwater utilities as the most practical method for meeting the funding requirements. Sixteen city councils and the County Board of Supervisors adopted resolutions requesting the District form a Stormwater Utility Area for their city territory. The governing board of the District established Stormwater Utility Areas 1 through 17 on June 22, 1993, and Area 18 on May 9, 2000. 3. STORMWATER UTILITY: A stormwater utility is similar to other utilities. It has a purpose, a geographic boundary, and a method for spreading the utility costs to benefiting properties or recipients. The purpose of the stormwater utility is to fund the implementation of the NPDES program activities required by the permit and the maintenance of the government owned storm drain systems. In development of the stormwater utility legislation, the construction of capital improvements was excluded as a purpose. Stormwater utility assessment revenues can only be spent on the NPDDES program activities and storm drain system' maintenance. Replacement of a failing storm drain system is considered a maintenance activity as long as the replacement facility is equal in capacity and a comparable type of facility, i.e., pipe storm drain is replaced by another pipe storm drain. The NPDES program activities have been tailored to meet the respective city or county NPDES problems based on their land use activities; thus each program is different. Also,the cities and county on an individual basis will perform most of the NPDES activities. Consequently, each city comprises a separate stormwater utility area. This facilitates the setting of the utility rates and the transfer of funds to the cities who perform most of the work. The same applies for the unincorporated county NPDES program which is implemented by county staff. Stormwater utilities generally distribute program costs to the benefiting landowners on the basis of stormwater runoff quantity or the amount of impervious surface associated with various land uses. The Stormwater Utility Areas utilize the latter method. Staff prepared the report entitled, "Report on Stormwater Utility Assessment (March 1993)," which is incorporated into this Engineer's Report by reference. The report explains in detail the rationale for using impervious surface area as the basis for allocating costs, the development of the utility rate standard of one Equivalent Runoff Unit (ERU) and the relationship between land use, parcel size, and the number of ERUs assigned to individual parcels in each Stormwater Utility Area. A typical single family residence (5,000 SF to 20,000 SF lot) is used as the standard for one ERU. The cost to the typical single family landowner will be the ERU rate shown in Section 1(a) above. 4. PROPOSED STORMWATIR UTILITY BUDGETS FOR FY 7004-05: Indicated below are the estimated budgets for each stormwater utility ' area. The District's administration and collection costs are estimated at $1.80 per parcel which includes the County Tax Collector's line item cost for the tax bills. Each year, the District provides city staff with an estimate of the number of ERUs assessable in the new year. The agency corresponding with each Stormwater Utility Area then prepares a budget for their NPDES and drainage maintenance program for the forthcoming fiscal year. Using this budget,' plus the estimated cost for entity administration and assessment collection, city staff calculates the s GC:Im G:\GrpData\F1dCt1\SWURAnnua1 Fee Adopt\FY 04-05\Engineer Reportldoc 5/10/04 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 desiredassessment. 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 Sia 1977 (Bergenson) and Proposition 218 (California Constitution, Article X111 D, Section 4). PROJECTED EXPENDITURES 17istrlct wa , Croup Agency Tax Stormter ` Admini Agency ' WDES Cost NP13ES Collector Tot E Utility Area.No. Collection Funding°(1) FUnding,(1j Cost, Cost 1 Antioch $232,953 $776,848 $4,351 $23,814 $1,037,967 2 Clayton $25,806 $100,522 $621 $3,551 $130,500 3 Concord $293,010 $1,681,532 $5,482 $29,571 $2,009,596 4 Danville $101,345 $387,064 $2,347 $12,749 $503,505 5 EI Cerrito $55,247 $327,791 $1,294 $7,137 $391,469 6 Hercules $48,092 $211,715 $1,014 $5,784 $266,605 7 Lafayette $57,241 $389,321 $1,266 $6,992 $454,820 8 Martinez $86,566 $531,096 $2,845 $10,393 $630,900 9 Moraga $38,708 $243,827 $849 $4,764 $288,148 10 Orinda $41,875 $319,268 $1,027 $5,718 $367,888 11 Pinole $45,746 $259,354 $955 $5,330 $311,385 12 Pittsburg $143,338 $458,143 $2,248 $12,447 $616,177 13 Pleasant Hill $79,059 $402,044 $4,221 $9,486 $494,81>0 14 San Pablo $72,138 $327,221 $938 $5,273 $405,570 15 San Ramon $110,377 $760,520 $2,439 $13,382 $886,718 16 Walnut Creek $154,833 $1,063,191 $3,533 $19,062 $1,240,620 17 Unincorporated County $369,488 $2,305,245 $8,283 $40,742 $2,723,758 18 Oakley $63,341 $335,702 $1,199 $6,813 $407,055 TOTAL. $2,019,163 $10,880,404 $44,911 $223,011 $13,167,490 (1) Agency funding for NPaES includes storm drain system maintenance and contingency costs. 4 GCAM GAGrpData\F1dCtBWURAnnua1 Fee Adopt\FY 04-05\Engineer Reportldoc 5/10/04 5. ESTIMATED STORMWATER UTILITY ASSESSMENT REVENUES IN FY 2004-05: Indicated below are the estimated revenues for Fiscal Year 2004-05 based on the proposed assessment rates in Section 1(a). The proposed ERU rate is the rate recommended in each municipality's resolution requesting adoption of Stormwater Utility Assessments for their municipal' area. A listing of each assessor parcel number and proposed 2004-05 assessment is on file with the» Clerk of the Contra Costa County Board of Supervisors. PROJECTED ERU RATES and REVENUES Stormwater Proposed Nur»ber of Estlrnated} l ftility Ares ". Agency ERU:Rate,for ERUs l venue :N6 l=Y. C104-05 1 Antioch 41,519 $25.00 $1,037,967 2 Clayton 4,500 $29.00 $130,500 3 Concord 57,417 $35.00 $2,009,596 4 Danville 18,309 $27.50 $503,505 5 El Cerrito 10,302 $38.00 $391,469 6 Hercules 7,617 $35.00 $266,605 7 Lafayette 12,995 $35.00 $454,820 8 Martinez 21,030 $30.00 $630,900 9 Moraga 8,233 $35.00 $288,148 10 Orinda 10,511 $35.00 $367,888 11 Pinole 8,897 $35.00 $311,385 12 Pittsburg 25,674 $24.00 $616,177 13 Pleasant Hill 16,494 $30.00 $494,810 14 San Pablo 9,432 $43.00 $405,570 15 San Ramon 25,335 $35.00 $886,718 16 Walnut Creek 35,446 $35.00 $1,240,620 17 Unincorporated County 90,792 $30.00 $2,723,758 18 Oakley 14,538 $28.00 $407,055 TOTAL: 419,040 $13,167,490 5 GC9m G:\GrpData\F1dCt1\SWUF\Annua1 Fee Adapt\FY 04-05\Engineer Reportldoc 5110104 Exhibit A Phil Hoffineister Laura Hoffmeister Jeff Roubal City of Antioch City of Clayton City of Concord P. O. Box 5007 5000 Heritage Trail 9455 Gasoline Alley Antioch, CA 94539-5007 Clayton, CA 94597 Concord, CA 94599 Christine McCann Bruce King Erwin Blancaflor Town of Danville City of El Cerrito City of Hercules 510 La Gonda Way 10590 San Pablo Ave. 911 Civic Drive Danville, CA 94525 El Cerrito, CA 94530 Hercules, CA 94547 Donna Feehan Tim Tucker Eddmond Alberto City of Lafayette City of Martinez City of Martinez 3001 Camino Diablo 525 Henrietta St. 525 Henrietta St. Lafayette, CA 94549 Martinez, CA 94553 Martinez, CA 94553 Bob Dunn Jason Vogan Maya Rappaport Linhart Petersen Powers City of Oakley City of Orinda Assoc. 3639 Main St. 52 Charles Hili Road 7610 Auburn Blvd., Ste 5 Oakley, CA 94561 Orinda, CA 94563 Citrus Heights, CA 95610 Nancy Voisey Ken Strelo Todd Teachout City of Pinole City of Pittsburg City of Pleasant Hill 2131 Pear Street 65 Civic Ave. 100 Gregory Lane Pinole, CA 94564 Pittsburg, CA 94565 Pleasant Hill, CA 94523 Karineh Samkian Roderick Wui Rinta Perkins City of San Pablo City of San Ramon City of Walnut Creek One Alvarado Square P. O. Box 5148 P. 0. Box 8039 San Pablo, CA 94806 San Ramon, CA 94583 Walnut Creek, CA 94596 Rich Lierly Contra Costa County 255 Glacier Drive Martinez, CA 94553 G:\GrpOataNFldCtl\3WUF\t.lsts-LaboisT-xhibit A rre0ing 11st.doc _... ......... ......... ......_.. .. ...... ........ ........... ............. .............. ......... ......... ..._.... . _ _. _ ...... ......... ......... ......... ................ TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER.CONSERVATION DISTRICT 0..)4 FROM: MAURICE SHIU, CHIEF ENGINEER / DATE: MAY 25, 2004 SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2004-2005, COUNTYWIDE(ALL DISTRICTS) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: 1. ACCEPT the Chief Engineer's report for the adoption of Stormwater Utility Assessments for fiscal year 2004-2005 for Stormwater Utility Areas Numbers 1 through 18; 2. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments for fiscal year 2004-2005 from the following municipalities and corresponding Stormwater Utility Areas: Antioch' Hercules- Pinole' Walnut Creek " Clayton.- Lafayette-` Pittsburg „Unincorporated Contra Costa County Concord` Martinez Pleasant Hill Oakley Danville Moraga- San Pablo El Cerrito' Orinda ' San Ramon,, Continued on Attachment: X SIGNATURE- 'RECOMMENDATION OF COUNTY ADMINISTRA R _RECOMMENDATION OF BOARD COMMITTEE i--�PPROVE OTHER SIGNATURE (S): ACTION OF Bf4D ON JUNE 25 s 2004 APPROVED AS RECOMMENDEDxx OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct xx UNANIMOUS (ABSENT NONE } copy of an action taken and entered on the minutes of AYES: NOES: the Board of Supervisors on the date shown. ABSENT: ABSTAIN: ATTESTED: MAY 25, 2004 JOHN SWEETEN,Clerk of the Board GC:LM:cw of Supervisors and County Administrator G:1GrpData\F1dCt11Administration\Board orders 12004 BO\BO Set Hrg adopt SUA.doc Orig.Div:Public Works Flood Control By ,Deputy Contact: Linda Martinez-(925)313-2279 V Greg Connaughton,Public Works County Assessor County Auditor-Controller County Counsel Treasurer-Tax Collector File copy SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR.2004-2005, COUNTYWIDE(ALL DISTRICTS) DATE: MAY 25, 2004 PAGE: 2 I. Recommended Action(cont.): 3. ADOPT the attached Resolution, and FIX June 22, 2004, at 9:30 a.m. in the Board chambers as the time and place for the Public Hearing on the adoption of Stormwater Utility Assessments for fiscal year 2004-2005 for said areas. II. Financial hnpact: The proposed assessments for Stormwater Utility Areas 1 through 18 will provide approximately $13,167,490 in funding for the cities and unincorporated County for the National Pollutant Discharge Elimination System(NPDES)program and drainage maintenance activities. III. Reasons for Recommendations and Backeround: The Contra Costa Clean Water Program consists of Contra Costa County, its incorporated cities and the Contra Costa County Flood Control and Water Conservation District working collectively under a Joint Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) Permit issued by the State Regional Water Quality Control Board. This Permit is federally mandated through the Clean Water Act, which was amended in 1987 to specifically address stormwater pollution. The current five-year permit from the San Francisco Regional Water Quality Control Board began in September 1999. Public education on pollution prevention, inspection of construction sites, as well as commercial and industrial facilities, street sweeping, catch basin cleaning and other forms of drainage maintenance are examples of actions taken to meet Permit requirements. An Annual Report is written each year to summarize accomplishments. The Contra Costa Clean Water Program is currently in its second Joint Municipal Stormwater NPDES Permit from the San Francisco Regional Water Quality Control Board and received its second five year permit from the Central Valley Regional Water Quality Control Board for the cities of Antioch, Brentwood, Oakley and unincorporated East County in June 2000. The Permit includes, for each municipality, a Stormwater Management Plan outlining intended activities designed to reduce or eliminate pollutants from entering the storm drain system. The Regional Boards indicated the need for a restricted funding source to finance implementation costs. In order to meet this need, Contra Costa County proposed legislation providing a financial option for municipalities to use through the Contra Costa County Flood Control and Water Conservation District. The bill, AB 2768 (Campbell), was passed by the legislature and signed by Governor Pete Wilson on August 30, 1992. The legislation specifically allowed a municipality to request formation of a Stormwater Utility Area and an assessment to pay for implementation costs. SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2004-2005, COUNTYWIDE DATE: MAY 25,2004 PAGE: 3 The Board of Supervisors, acting as the Contra Costa County Flood Control and Water Conservation District, provided public notice to all affected property owners before the establishment of the Stormwater Utility Areas on June 22, 1993, creating 17 Stormwater Utility Areas. This 1993 Board action also set the first-year assessment rates for each Stormwater Utility Area, as well as maximum rates. Assessments were collected for fiscal year 1993-94 through 2000-01. On May 9, 2000, the Flood Control District separated the Cite of Oakley from Stormwater Utility Area 17. The City of Oakley was established as Stormwater Utility Area 18 at that time and assessments were collected for fiscal year 2000-2001. IV. Consequences of N+eeative Action: If the proposed assessments for fiscal year 2004-2005 are not implemented, the program would have to be funded by the general funds of the cities and County to ensure compliance with NPDES permit requirements. RESOLUTION NO. 2004/49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2004106 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under the Federal Clean Water Act, prescribed discharges of storm water require a permit from the appropriate California Regional Water Quality Control Board under the National Pollutant Discharge Elimination System (NPDES) program; and WH'EREAS', the City of Antioch (CITY) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering storm waters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Storm Water Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra Costa County Flood Control &Water Conservation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Storm Water Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between CITY and DISTRICT requires that CITY, by May 1st, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Antioch does determine that the rate to be assigned to a single ERU for FY 2004105 shall be set at twenty-five dollars ($25.00). BE IT FURTHER RESOLVED, that the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 27th dayof April, 2004, by the following vote: AYES: Council Members Kalinowski, Conley, Simonsen and Mayor Freitas NOES: None ABSTAIN: Council Member Davis L. JOLENE MARTIN, City Clerk RESOLUTION NO. 15-2004 A RESOLUTION ESTABLISHING THE RATE PER EQUIVILANT RUN-OFF UNIT (ERU) FOR FY 2004-2005 AND REQUESTING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM THE CITY COUNCIL City of Clayton,California WHEREAS, under the Federal Water Quality Act [33 U.S.C. Section 1342 (p)], certain municipal stonnwater discharges 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 and Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS,Assembly Bill 2768(West's Water Code Appendix,Section 63-12 and 63-12.9) 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, deter-mine the rate to be assigned to a single ERU for the forthcoming fiscal year. Resolution No. 15-2004 1 May 4,2004 WHEREAS,the City Council adopted Resolution 9-93,which established the range of the annual assessment to be imposed by the District within the storm water utility area not to exceed $29 per ERU. 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 2004-05 shall be set and assessed at$29.00 BE IT FURTHER RESOLVED,that the City Council of Clayton,California,does hereby request the Contra Costa Flood Control and Water Conservation District to adopt the SUA levies based on the above established rate. Adopted by the City Council of the City of Clayton,California at a regular meeting of thereof held on May 4, 2004, by the following vote: AYES: Councilmembers Laurence, Shuey and Mayor Pierce NOES: Councilmember Walcutt and Vice Mayor Manning ABSENT: None. THE CITY OF CLAYTON, CA JULIE K. PIERCE,Mayor ATTEST: Rhonda K.Basore,City Clerk I hereby certify that Resolution No.15 � was duly and regularly passed by t e City Council of the City Of Clayton at a regular meeting held on..�n . a R�ioniF�S.Bas�ore,Z°��te"rk Resolution No. 15-2004 2 May 4,2004 ............................................................................................................................................................................................................................................................................................................................ 1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA _ 2 A Resolution Authorizing the Contra Costa County 3 Floe Control & 'hater Conservation District to Establish an Annual Parcel Assessment for FY 2004- 4 05 for Drainage Maintenance and the National Pollutant Discharge Elimination System Program Resolution No. 04=9 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 the 10 Contra Costa County,applied to the State Regional Water Quality Control Board and received a Joint 11 NPDES Permit and develop a Storm Water Management Plan; and 12 WHEREAS,Assembly Bill 2768(West's Water Code Appendix, Section 63-12 and 63-12.9) 13 authorizes the Contra Costa Flood Control and Water Conservation District (DISTRICT)to establish 14 storm water utility areas and to impose annual benefit assessments for the purpose of carrying out the 15 activities required under the NPDES Program; and 16 WHEREAS,the DISTRICT has completed the process for formation of a Storm Water Utility 17 Area (SUA), including the adoption of the Storm Water Assessment Drainage Ordinance No. 93-74; 18 and 19 WHEREAS,the SUA and Program Croup Costs Payment Agreement between the City of 20 Concord and DISTRICT requires the City of Concord, annually, by May 1, to determine the rate to be 21 assessed to a single Equivalent Runoff Unit (ERU)for the forthcoming fiscal year; and 22 WHEREAS, the City Council adopted Resolution 93-14,which established the range of 23 annual assessment to be imposed by the DISTRICT within the storm water utility area not to exceed 24 $35 per ERU. 25 11 26 /I 27 11 28 11 Ices.No.04-9 1 1 NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF CONCORD DOES 2 RESOLVE AS FOLLOWS: 3 Section 1. The annual assessment to be imposed by the DISTRICT within the storm water 4 utility area shall be$35.00 per Equivalent Runoff Unit(ERU)for fiscal year 2004-2005,and shall not 5 exceed a maximum of$35.00 per ERU for subsequent fiscal years. 6 Section 2. The City Council requests the DISTRICT to adopt storm water utility area levies 7 based on said amount. 8 Section 3. This resolution shall become effective immediately upon its passage and adaption. 9 PASSED AND ADOPTED by the City Council of the City of Concord on February 10, 2004, 10 by the following vote: 11 AYES: Councilmembers- S.Bonilla,L. Hoffineister,B. McManigal,M. Peterson,H. Allem 12 NOES: Councilmembers -None 13 ABSTAIN: Councilmembers -None 14 ABSENT: Councilmembers -None 15 I HEREBY CERTIFY that the foregoing Resolution No. 04-9 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 10, 2004. 18 Mary Rae Lehman 19 City Clerk 20 By .ti._. Elaine R. Boehme,CMC 21 Deputy City Clerk 22 APPROVED AS TO FORM: 23 1 r*that this is a true copy tat ument on file in this otf#ce. 24 1 Craig Lab' L,,, �,Concor 25 City Attor T Va 26 cc: CCC Flood Control &Water Conservation District 27 28 Res.No.04-9 2 RESOLUTION NO. 40-2004 AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2004-05 FEE FOR THE TOWN'S STORMWATER UTILITY AREA WHEREAS,the Federal Water Pollution Control Act requires dischargers of st©rmwater to obtain a National Pollutant Discharge Elimination System(NPDES) permit from the San Francisco Regional Water Quality Control Board;and WHEREAS,Danville, the Contra Costa County cities, the County, and the Contra Costa County Flood Control and Water Conservation District have joined to secure the required NPDES permit effective through fiscal year 1999-2005;and WHEREAS,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 stormwater; and WHEREAS, the funding necessary to implement this permit has been established at a range of$22-$30 per Equivalent Residential Unit(ERU)through the Stormwater Utility Assessment(Town of Danville Resolution No. 24-93); and WHEREAS,said assessment rate must be set each year by the Town Council; and WHEREAS, the Town Council appoints the City Engineer, or his/her designee, as its official representative to the Contra Costa Clean Water Program;and WHEREAS,the Town Council wishes to continue to participate in the SPCP program and continue to fund the program through the assessment of individual properties; now, therefore,be it RESOLVED,that the Danville Town Council authorizes continuance of the Stormwater Utility Assessment to be set at$27.50 per ERU for all properties within Danville. "PROVED by the Danville Town Council at a regular meeting on April 20,.2004,by the following vote: AYES: Arnerich, Doyle, Andersen, Shimansky, Stepper NOES: Done ABSTAINED: Mone / ABSENT: None " MAY R APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERIC 1, Marie Sunseri, City Clerk of the Town of Danville,hereby certify that this is a true and correct copy of Town Council Resolution No.40-2004. Marie Sunseri,City Clerk RESOLUTION 20014-27 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 implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; 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 El 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 El Cerrito does determine that the rate to be assigned to a single ERU for FY 2004-2005 shall be set at $38.00. 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 8,2004 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: Abelson, Brusatori, Friedman, Potter, Moore NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None IN WITNESS of this action, I sign this document and affix the corporate seal of the City of EI Cerrito on April 8, 2004. a (,-�LiWa M. Giddings, Ci y_ erk APPR VED: . ' �,- L titin 11 Mo re, Mayor RESOLUTION NO. 04-021 CONTINUING THE RATE PER EQUIVALENT RUNOFF UNIT FOR. FY 2004-05 AT $35.00 AND REQUESTING TIME CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of storrnwater require a permit from appropriate California Regional Water Quality Board under the National Discharge Elimination System (NPDES)Program.;and . WHEREAS, the City of Hercules, County of Contra Costa did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS,it is the intent of the City of Hercules to utilize fluids received from its Sto mwater 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 Mood 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 WHEREAS, the SAU and Program Croup 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 RESOLVED that the City Council for the City of Hercules does determine that the rate be assigned to a single ERU for 1~Y 2004-05 shall be set at$35.00. BE IT FURTHER RESOLVED, that the City Council for the City of Hercules does hereby request the District to adopt SUA levies based on said amount. The foregoing Resolution was duly and regularly adopted at the regular meeting of the City Council of the City of Hercules held on the 9d'of March 2004 by the following vote of the Council. AYES: Balico, Batara,Evans-Young,Valstad, Ward NOES: None ABSENT: None a ?ORA r . ' 3o e ard,Mayor A �(4�a � Oxy I � :.+ :vF 37 E':: Ol 3 FILE`� u�:f S�":��i 5 r 4.. P4�'�S -7J "w'LE ,Coi�trRACOSTA Dox athews,City.,�y c J COO '`t,ST I w of CALIFORNIA f.. K. OF CITY 4j'OF t 4er AAYET TE,CAa.iFrORN A BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE MA"T"TER OF: Establishing the Rate per Equivalent Runoff Unit for } RESOLUTION NO. 2004-017 Fiscal Year 2004-2005 and Requesting the Contra Costa } County Flood Control and Water Conservation District } To Adopt an Annual Parcel Assessment for Drainage } Maintenance and the National Pollutant Discharge } Elimination System Program } WHEREAS, under the Federal Water Pollution Control Act,prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System(NPDES)program; and WHEREAS,the City of Lafayette (City)did apply for, and did receive, an NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters;and WHEREAS, it is the intent of the City to utilize funds received from its Stortnwater 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 Storwater 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 ERU for FY 20014-2005 shall be set at $35 (thirty-five dollars). BE IT FUROR. RESOLVED, that the City Council of the City of Lafayette does hereby request the District to adopt SUA levies based on said amount. PASSEL?AND ADOPTED by the City Council of the City of Lafayette on March 22, 2004,by the following vote: AYES: Horn,Anduri,Federighi,Samson and Tatzin NOES: None ABSENT: None ABSTAIN: None APPROVED: Erling Horn,Mayor ATTEST: oe Robbins, Ci Clerk RESOLUTION NO. 015-04 ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR 2004/2005 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of Stormwater require a permit from the ; appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of Martinez (CITY) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra Costa County Flood Control & Water Conservation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between CITY and DISTRICT requires that CITY annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Martinez does determine that the rate to be assigned to a single ERU for FY 2004/2005 shall be set at $30. 00. BE IT FURTHER RESOLVED, that the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution duly adopted by the City Council of the City of Martinez at a Regular Meeting of said Council held on the 17tr' day of March, 2004 by the following vote: AYES: Councilmembers Delaney, Kennedy, Wainwright, Vice Mayor Ross and Mayor Schroder NOES: None ABSENT: None RICHARD G. HERNANDEZ, CITY C ERK CITY OF MARTINEZ RESOLUTION NO. 015-04 ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR 2004/2005 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 I HEREBY CERTIFY that this instrument is a true wW correct copy of ft origind on file in this office„ RICHARD G.IIMA,,Cny 1 CCI`Y Q BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA In the Matter of: A RESOLUTION ESTABLISHING THE RATE ) Resolution 12-2004 PER EQUIVALENT RUNOFF UNIT FOR ) FY 200412005) 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 {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 TOWN of Moraga 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 TOWN 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 TOWN, 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 Croup Costs Payment agreement between TOWN and DISTRICT requires that TOWN 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 TOWN Council of the TOWN of Moraga does determine that the rate to be assigned to a single ERU for FY 2004/2005 shall be set at$35.00, which is the same as the FY 03/04 ERU rate. BE IT FURTHER RESOLVED, that the TOWN Council does hereby request the DISTRICT to adopt SUA levies based on said amount. .................I....... Passed and adopted this 28th day of April, 2004, by the following vote: AYES: Mayor Dennis Cunnane, Vice Mayor Mike Majchrzak, Councilmember Dale Walwark, Councilmember Jerry Karney and Counclimember Lori Landis NOES: None ABSTAIN: None ABSENT* None Dennis Cunnane, Mayor ate' , cl rk ........... BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of- Establishing fEstablishing the Rate per Equivalent ) Runoff Unit for Fiscal Year 2004{05, ) and requesting the Contra Costa ) County Flood Control and Water ) Conservation District to Adopt an ) Resolution No. 25-04 Annual Parcel Assessment for ) Drainage Maintenance and the ) National Pollutant Discharge ) Elimination System Program ) WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of storrnwater require a permit from the appropriate California regional water quality control board, under the National Pollutant Discharge Elimination System (NPDES)program; and WHEREAS, the City of Orinda did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices (BMPs) to minimize or eliminate pollutants from entering storm waters; and WHEREAS, it is the intent of the City of Orinda to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City of Orinda, the Contra Costa County Flood Control and Water Conservation District ("District") has completed the process as required in order to form an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93- 47; and WHEREAS, the SUA and Program Group Costs Payment Agreement between the City of Orinda 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 2004/2005 shall be set at $35.00. BE IT FURTHER RESOLVED that the City of Orinda does hereby request the District to adopt SUA levies based on said amount. Resolution No. 23-02 Pagel of2 .............. I.-..............11.11,111,11.11,.............. ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on April 20,2004, by the following vote: AYES: CO'LNCILMEMBERS: Abrams,Judge, Wheatland,Worth,Hawkins NOES: COLINCILMEMBERS: None ABSENT: COUNCH-MEMBERS: None /jloyie H ns,Mayor 17 ATTEST: Oudith A. Hansen, City Clerk ERTIF .,IED��.T UE COPY J DITH A M= . HANSEN City Clerk City Of Orinda, CA Resolution No. 23-02 Page 2 of 2 .............. BEFORE THE CITY COUNCIL OF THE CITY OF PINHOLE COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA RESOLUTION NO.2004-13 In the Matter of Maintaining and Establishing Stormwater Utility Equivalent Runoff Unit Rate for Fiscal Year 2004/2005 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 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 SUA, 'including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Croup Costs Payment. agreement between the City of Pinole and.the DISTRICT requires that the City of Pinole annually determine the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year. NOW THEREFORE BE IT RESOLVED, by the Pinole City Council-that it does asses a single ERU for the fiscal year of 2004/2005 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. PASSED AND ADOPTED this 2"d day of March 2004 by the following vote: AYES: COUNCILMEMBERS: Alegria,Boyle, Cole,Horton,Murray NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PAf`RIC!IA-AT11tN0LJR, CMC DEPUTY CITY CLERK I hereby certify that the foregoing is a true and correct copy of the original document on file In the City Clerk's offtce, City of Pinole, Contra Costa County, tate of California. Patricia M4 out,De uty rk of the City of Pinote Dots: - �--�--�' _. ....... ........ .......... .......... ......... ......... . ._........ ......... ......... ...._...... . . BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Resolution No.04-10049 Resolution of the City Council of the ) City of Pittsburg Establishing the ) Rate per Equivalent Runoff Unit ) for FY 2004#2005 and Requesting ) the Contra Costa County Flood ) Control and Water Conservation ) District to Adopt an Annual Parcel ) Assessment for Drainage Maintenance ) and the National Pollutant Discharge } Elimination System Program } WHEREAS, under Federal Water Pollution Control Act (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. 93-47; and WHEREAS, the SUA and Program Group Costs Payment agreement between City and District requires that City annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg does determine that the rate to be assigned to a single ERU for FY 2004/2005 shall be set at $24.00. BE IT FURTHER RESOLVED that the City Council of the City of Pittsburg hereby establishes the City's ERU rate to be $24.00 and requests the District to adopt SUA levies based on said amount. Page 1 of 2 PASSED, AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 5th day of April, 2004 by the following vote: AYES: Council Member Parent, Kee, Glynn & Mayor Rios NAYES: None ABSTAINED: None ABSENT Council Member Beals leida Rios, Ma}or ATTEST: rY� Lillian J. Pride, City Clerk Page 2 of 2 April 14, 2004 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. 04-10049, on file in this office of said City, adopted at a regular meeting of the City Council of the City of Pittsburg on April 5t', 2004. WITNESS, my hand, and Official Seal this I e day of April, 2004. Alice E. Evenson Deputy City Clerk RESOLUTION NO. 16-04 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 2004105 FEE FOR PLEASANT HILL'S ST'ORMW ATER UTILITY AREA WHEREAS,the Federal Water Pollution Control Act requires that stormwater discharges in urbanized areas be regulated by a National Pollution Discharge Elimination System (NPDES) permit;and WHEREAS, in 1993, the City of Pleasant Hill authorized the Contra Costa County Flood Control and Water Conservation District (Flood Control District) to establish a Storm Water Utility Area to fund NPDES permit activities; and WHEREAS, the Flood Control District established Stormwater Utility Areas by adopting 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 requiring the implementation of a Stormwater Management Plan to minimize the discharge of pollutants; and WHEREAS, in 2003 the City of Pleasant Hill and the Flood Control District executed a Stormwater Utility Area Agreement which specifies how Stormwater Utility Area assessment revenue is to be used;and WHEREAS, the Stormwater Utility Area agreement between the City of Pleasant Hill and the Flood Control District requires the City of Pleasant Hill to determine the annual Stormwater Utility Assessment rate in its 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: 1. 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 2004105 shall be set at$30. 2. The City Council authorizes the Contra Costa Flood Control and Water Conservation District to adopt Stormwater Utility Fees on behalf of the City of Pleasant Hill. 3. The City of Pleasant Hill shall continue to participate in the implementation of the permitted Stormwater Pollution Control Program and agrees to provide support and to share costs associated with the implementation of group activities. ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of said Council held on the 19th day of Apr i 1 ,2004,by the following vote: AYES: Angell, Durant, Harris, Escover NOES: None ABSENT: wi 11 i aeon CHARLES C. ESCOVER, Mayor ATTEST: DORIS P.NILSEN,City Clerk APPROVED AS TO FORM: COF!,' !hYt7YC+Xrf7FFX ,tw✓7F DEBRA S. MARGOLIS, Attorney YAT0DD\NPDES\NPDEs404reso.doc RESOLUTION 2004-451 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO ESTABLISHING THE STORMWATER UTILITY ASSESSMENT RATE FOR FY 2004/2405 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM. WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of municipal stormwater require a permit from the San Francisco Regional Water Quality Control Beard under the National Pollutant Discharge Elimination System(NPDES)program; WHEREAS, the City of San Pablo 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; WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Assessment(SUA) for implementation of the NPDES program and drainage maintenance activities; WHEREAS, at the request of the City, the Contra Costa County Flood Control & Water Conservation District (District) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; WHEREAS, the SUA and Program Group Costs Payment agreement between the City and the District requires that the City 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 establishing a maximum SUA rate of$45.44 per ERU; WHEREAS, it is the intent of the City of San Pablo for fiscal year 2004/2005 to increase the stormwater utility assessment by $1.00 on parcels of property within the limits of the City of San Pablo, by which to continue to fund the City's NPDES permit activities and drainage maintenance; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Pablo hereby determines that the SUA rate for Fiscal Year 2004/2045 shall be set at $43.00 for each ERU. I hereby certify that the foregolft iS an0V4-&,51 true and correct copy of "'. 2004-051 j yup, M.Curb' ,L�cputy t:ity mark � cutive Sec BE IT FURTHER RESOLVED that the City Council of the City of San Pablo hereby requests the District to adopt SUA levies based on the $43.00 per ERU. Adopted this 5`h day of April 2004,by the following vote to wit: AYES: COUNCILMEMBERS: Comes,Morris, Calloway,Brown and Vigil NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ATTEST: APPROVED: /s/ Ted J. Denney /s/Barbara L. Vigil Ted J. Denney, City Clerk Barbara L.Vigil, Mayor 2004-051 2 ....._... ......... ......... ......._. ..._ - .. . ........ .............. .__...._. ........_.. ....__.... ......... .................. ......... ..._................................ ...................................................... RESOLUTION NO.2004-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ESTABLISHING A RATE OF$35 PER EQUIVALENT RUNOFF UNIT FOR. FY 2004/2005 FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PICOGRAM 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 duality 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 stormwaterprogram 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 2004/2005 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 23d day of March, 2004 by the following- vote: ollowingvote: AYES: Councilnrembers Hudson, Livingstone, Perkins, Rowley and Mayor- Wilson NOES: ABSENT: ABSTAIN: H. Abram Wilson, Mayor AT ST: I havhy cent y that ms ts ar Ju Ma4rlane, City lerk f84tMeand acwratrwpyof a Re`adxtlon adopted by the City Coundl o the'Clty of San R4010n On r 1, yL�La 'Z ?, kr � c -7- Cr� ' - t Ci Clerk i' RESOLUTION NO. 04-26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK ESTABLISHING THE CLEAN WATER PROGRAM RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2044/2005 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE' MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of stormwater rewire a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System(NPDES)program; and WHEREAS. the City of Walnut Creek (CITY) did apply for, and didreceive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Stormwater Utility Area(SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY,the Contra Costa County Flood Control&Water Conservation District(DISTRICT)has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between CITY and DISTRICT requires that CITY annually,by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW,THEREFORE BE IT RESOLVED, that the City Council of the City of Walnut Creek does determine that the rate to be assigned to a single ERU for FY 2004/2005 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 AND ADOPTED by the City Council of the City of Walnut Creek at a regular meeting thereof held on the 20th day of April 2004, by the following called vete: AYES: Councilmembers: Hicks, Rainey, Skrel, Regalia, Mayor Abrams NOES: Councilmembers: None ABSENT: Councilmembers: None /s/Charlie Abrams Mayor of the City of Walnut Creek Attest: /s/Barbara M. Rivara, CMC City Clerk of the City of Walnut Creek I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Walnut Creek, County of Contra Costa, State of California, at a regular meeting of said Council held on the 20th day of April 2004. CiClerk of the City of Walnut Creek ......... r _ _ .. ..... 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: MARCH 23,2004 SUBJECT: Adopt Resolution Requesting Flood Control District To Adopt Annual Parcel Assessment For The County's Watershed Program I. Recommended Action: 141 ADOPT Resolution 2004/**** establishing an equivalent runoff unit(ERU)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 unincorporated areas. Continued on Attachment: x SIGNATURE' 'RECOMMENDATION OF COUNTY ADMINISTRAT dt/ RECOMMENDATION OF BOARD COMMITTEE -''APPROVEOTHER Q"'-1SIGNATURE(S): i ACTION OF BO ON MARCH 23, APPROVED AS RECOMMENDED xXOTHER_ 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 NONE ) Supervisors on the date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: MARCH 23 2004 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By Deputy GC:LM:SW:cw G:\GrpData\MdCtiLAdministmtion\Board Orders \2004 BO\03-23-04\Bd Order Adopt CCC ERU.doc Orig.Div: Public Works(FCD) Contact: Linda Martinez,(925)313-2279 CC: County Administrator County Counsel County Auditor Controller Public Works G.Connaughton,Flood Control Accounting S.Wright,Clean Water SUBJECT: Adopt Resolution Requesting the Contra Costa County Flood Control and Water Conservation District to Adopt Annual Parcel Assessment for the County's Watershed Program. DATE: March 23, 2004 PAGE: 2 II. Financial Impact: No impact to the General Fund. The 2004-2005 rate per ERU is the same as that set for fiscal year 2003-2004. Therefore, there will be no change in rate for unincorporated County property owners. The unincorporated area of Contra Costa County will produce approximately $2,700,000, which will be used to implement the unincorporated County's Watershed Program. III. Reasons for Recommendations and Background: The Clean Water Program consists of the County, Contra Costa cities and the Flood Control District working together to prevent, reduce or eliminate the discharge of pollutants into the storm drain system, including creeks and other natural waterways. The Clean Water Program was established in response to changes in the Federal Clean Water Act. The Program known at the federal level as the National Pollution Discharge Elimination System Program (NPDES) for Municipal Stormwater Owners is in its ninth year. In order to be in compliance with the current NPDES permit, Clean Water Program participants implement a Stormwater Management Plan stipulating a set of activities and a performance or service level. The Stormwater Management Plan is a major component of the Joint Municipal NPDES Stormwater Permit with the California Regional Water Quality Control Boards and is paid for with stormwater utility fee assessments. Adoption of the attached resolution will begin the annual process of assessment adoption. Each year by May 1, the cities and the County determine the rate to be charged within their jurisdiction. The Board of Supervisors is being asked to set a rate of$30 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 County Watershed 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 companies/contractors to reduce construction contaminants, such as paint,cement, oil/fuels and soil erosion from entering storm drains and creeks. SUBJECT: Adopt Resolution Requesting the Contra Costa County Flood Control and Water Conservation District to Adopt Annual Parcel Assessment for the County's Watershed Program. DATE: March 23, 2004 PAGE: 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 naturalwatershed 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. Educate marina operators and their marina users through a marina program. IV. Consequences of Negative Action: If the rate per ERU is not set for the coming fiscal year, funds will not be available for the County's Watershed Program to comply with the Joint Municipal NPDES Stormwater Permit. The Regional Water Quality Control Boards have the authority to issue fines of up to $10,000 per day against those municipalities that do not comply with the Permit and fail to implement their Stormwater Management Plans. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution March 23, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UIUM4A, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 141 SUBJECT: ESTABLISH the rate per equivalent runoff unit for Stormwater Utility Area 17 (unincorporated County)for Fiscal year 2004-2005 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) The Board of Supervisors of Contra Costa County RESOLVES THAT; 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 Program; and WHEREAS, the COUNTY of CONTRA COSTA did apply for, and did receive, a NPDES permit,which requires the implementation of selected Best Management Practices(BNMs)to minimize or eliminate pollutants from entering stormwaters; and I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. GC:LM:SW:cw G:\GrpData\F1dCtl\Adniinishation\Board orders \2004 BO\03-23-04\adopt Res SUA 17 ERU.doc ATTESTED: MAR .H 23 2004 Originator: Public Works(FC) r Contact: Linda Martinez(925)313-2279 JOHN SWEETEN,Clerk of the Board of Supervisors and cc: County Administrator County Administrator County Counsel County Auditor Controller Public Works G.Connaughton,Flood Control By r Deputy Accounting S.Wright,Flood Control RESOLUTION NO. 2004/ 141 SUBJECT: Establish Equvalent Runoff Unit Rate For Stormwater Utility Area 17 (Unincorporated County)For Fiscal Year 2004-2005 And Request Contra Costa County Flood Control And Water Conservation District To Adopt Annual Parcel Assessment. DATE: March 23, 2004 PAGE: 2 WHEREAS, it is the intent of the COUNTY to utilize funds received from its Stormwater Utility Area(SUA)for implementation of the NPDES Program and drainage maintenance activities;and WHEREAS,at the request of the COUNTY,the Contra Costa County Flood Control and Water 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 COUNTY and DISTRICT requires that COUNTY annually,by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU) for the forthcoming fiscal year in the unincorporated County; and NOW, THEREFORE BE IT RESOLVED, that the COUNTY Board of Supervisors of the COUNTY of CONTRA COSTA does determine that the rate to be assigned to a single ERU for fiscal year 2004-2005 shall be set at $30. BE IT FURTHER RESOLVED,that the COUNTY Board of Supervisors does hereby request the DISTRICT to adopt SUA 17 levies based on said amount. RESOLUTION NO. 2004/141 RESOLUTION NO. 37-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2004/2005 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGEMAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE . ELIMINATION SYSTEM PROGRAM WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of Oakley (City) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City, the Contra Costa County Flood Control & Water Conservation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between City and DISTRICT requires that City annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming',fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Oakley does determine that the rate to be assigned to a single ERU for FY 200412005 shall be set at$28.00. BE IT FURTHER RESOLVED, that the City Council 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 19th day of April, 2004 by the following vote: Council Resolution No. 37-04 1 AYES: Anderson, Huffaker, Nix, Romick, Rios NOES: None ABSTENTIONS: None ABSENT: None APPROVED: MAYOR ATTEST: R CI I ERK Council Resolution No. 37-04 2 I hereby certify that this is a true and accurate copy of Resolution No. 37-04 adopted on April 19, 2004 by the City Council of the City of Oakley and on file in the City Clerk's Office at 3639 Main Street, Oakley, California. Dated: April 20, 2004 m Lin a odriguez Todd, Int4 irn Clerk