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HomeMy WebLinkAboutMINUTES - 06131995 - D4 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 Order on June 13, 1995 by the following vote: AYES: Supervisors Smith, Torlakson, Bishop NOES: None ABSENT: Supervisors Rogers, DeSaulnier ABSTAIN: None RESOLUTION NO. 95/263 SUBJECT: ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1995-96, FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE. Project No. 4500-6X7043- CDD CP# 95-37 The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adopt ordinances and.resolutions for Stormwater Utility Assessments; and This Board, on June 22, 1993, established Stormwater Utility Area 1-(Antioch), 2-(Clayton), 3-(Concord), 4-(Danvil1e), 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), and 17-(Unincorporated County) consisting of that real property located in the incorporated limits of the cities indicated and the unincorporated county; and On May 2, 1995, this Board set a public hearing to consider adoption of Stormwater Utility Assessments for FiscalYear 1995-96, for Stormwater Utility Areas No. 1 thru No. 17; and On June 13, 1995, pursuant to the Board's Resolution of May 2, 1995, this Board held a hearing to consider the proposed Stormwater Utility Assessments, and at that time all written and oral objectives presented concerning the proposed Stormwater Utility Assessments for Fiscal Year 1995-96 were considered; and It appears from the affidavits of publication on file with this Board that all notices required to be give%ftoP 1isun *�oqFa 3i�'gifia erb pe�im 3tduly and regularly given and all procedures to be followed have1beeni#©11owedo.sllaim�accordance with Sections 11 and 12.8 of the Contra ryY�� Costa Count ;,c � ru�d mor t ��and lNater Zfiservation District Act and in accordance with the provisionsibf='th"Olt3'6'6 d''slResdtution,of May 2, 1995; and This Board has received'copies ofresolutions 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 thru No. 17, and said resolutions request that this Board adopt the annual assessment rate denoted herein for their jurisdiction for Fiscal Year 1995-96. NOW THEREFORE, This Board FINDS that the activity, adoption of Stormwater.Utility Assessments for Fiscal Year 1995-96 for Stormwater Utility Areas No.1 thru No. 17, is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061(b)(3) of the CEQA guidelines; and DIRECT Contra Costa County, its incorporated cities, and the Flood Control and Water Conservation District to review the assessment rates for Stormwater Utility Areas No. 1-17, every year that the assessments are in effect. Any areas requiring new assessment rates, based on ERU will be adusted and are not subject to CEQA. This Board FINDS that the proposed assessment rate for each Stormwater Utility Area is less than the maximum annual assessment rate established for the area; and This Board, in accordance with Ordinance No. 93-47, IMPOSES by this resolution annual assessments for Fiscal Year 1995-96 within Stormwater Utility Areas No. 1 thru No.17 based on the following rates per Equivalent Runoff Unit for each area: Stormwater Utility Area (SUA) Assessment Rate per Equivalent Runoff Unit SUA No.1 (Antioch) $17.00 SUA No.2 (Clayton) $23.50 SUA No.3 (Concord) $26.00 SUA No.4 (Danville) $22.00 SUA No.5 (EI Cerrito) $14.00 SUA No.6 (Hercules) $24.00 SUA No.7 (Lafayette) $16.00 SUA No.8 (Martinez) $28.00 SUA No.9 (Moraga) $20.00 SUA No. 10 (Orinda) $23.00 SUA No. 11 (Pinole) .$35.00 SUA No. 12 (Pittsburg) $24.00 SUA No. 13 (Pleasant Hill) $25.50 SUA No. 14 (San Pablo) $34.80 SUA No. 15 (San Ramon) $23.00 SUA No. 16 (Walnut Creek) $19.00 SUA No. 17 (Unincorporated area) $16.20 This Board hereby DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk; and This Board hereby AUTHORIZES the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District to arrange payment of the $25 handling fee to the County Clerk for filing of the Notice of Exemption; and This Board hereby DIRECTS the Chief Engineer to file with the County Assessor and the County Auditor/Controller a list of the parcels subject to the assessments levied for Fiscal Year 1995-96; 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. meree�+oe�N���stnslet�eats�teop�►ct Boa t o Su en entered nt the�minutes of tha ATTESTED: PHIL BA HELOR,Clerk the Board of Supervi M and County Administrator Contact Person: Linda Bulkeley(510)313-2238Q Deputy LMB:mg BY g:fldctl\fcbo\13.t6 Orig.Dept.:Public Works(FC) cc: County Administrator GMEDA Community Development DIRECTOR County Assessor(certified copy) County Auditor/Controller(certified copy) County Counsel County Treasurer/Tax Collector Public Works(2),Milton Kubicek&V.Germany RESOLUTION NO. 95/263 Form 1024.18 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO. 4500-6X7043 CP NO. 95-37 ACTIVITY NAME: Stormwater Utility Assessments - FY 1995/96 DATE: May 31, 1995 PREPARED BY: Janet Frattini This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The activity involves the adoption of new Stormwater Utility Assessment Rates for Fiscal Year 1995-96 for Stormwater Utility Areas No. 7, 8, 11, 13, and 14, listed below. The Stormwater Utility Assessments fund the National Pollutant Discharge Elimination System (NPDES) permit activities including drainage system maintenance for Stormwater Utility Areas No. 1-17, countywide. In addition, Contra Costa County, its incorporated cities, and the Flood Control and Water Conservation District will review the assessment rates for Stormwater Utility Areas NO. 1 through 17, every year that the assessments are in effect. Any areas requiring new assessment rates, based on Equivalent runoff units (ERUs) will be adjusted and are not subject to CEQA. LOCATION: Assessment Rate Per Equivalent Runoff Unit Assessment Rate Per Equivalent Runoff Unit Stormwater Utility Area(SUA) (ERU)Rate-1994195 (ERU) Rate-1995/96 Proposed SUA No.7(Lafayette) $18.00 $16.00 SUA No.8(Martinez) $20.00 $28.00 SUA No.11 (Pinole) $28.00 $35.00 SUA No.13(Pleasant Hill) $25.00 $25.50 SUA No.14(San Pablo) $33.80 $34.80 REVIEWED BY: DATE: Vickie Germany, Environmental Planner APPROVED BY: DATE: d, Community Development Represe tative c:stormwtr.95 (form revised 4/13/95) CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (510) 313-2296 Contact Person: Vickie Germany - Public Works Dept. Project Description, Common Name (if any) and Location: STORMWATER UTILITY ASSESSMENTS - FY 1995/96 County File#CP 95-37: The activity involves the adoption of new Stormwater Utility Assessment Rates for Fiscal Year 1995-96 for Stormwater Utility Areas No. 7, 8, 11, 13 and 14, listed below. The Stormwater Utility Assessments fund the National Pollutant Discharge Elimination System (NPDES) permit activities including drainage system maintenance for Stormwater Utility Areas No. 1-17, countywide. In addition, Contra Costa County, its unincorporated cities, and the Flood Control and Water Conservation District will review the assessment rates for Stormwater Utility Areas No. 1 through 17, every year that the assessments are in effect. Any areas requiring new assessment rates, based on Equivalent runoff units (ERUs) will be adjusted and not subject to CEQA. Location: Assessment Rate Per ERU Assessment Rate Per ERU Stormwater Utility Areas (SUA) ERU Rate - 1994/95 (ERU) Rate - 1995/96 Proposed SUA No. 7 (Lafayette) $18.00 $16.00 SUA No. 8 (Martinez) $20.00 $28.00 SUA No. 11 (Pinole) $28.00 $35.00 SUA No. 13 (Pleasant Hill) $25.00 $25.50 SUA No. 14 (San Pablo) $33.80 $34.80 This project is exempt from CEQA as a: Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section _ Declared Emergency (Sec. 15269(a)) ✓ General Rule of Applicability(Section 15061(b)(3)) Emergency Project (Sec. 15269(b) or (c)) Categorical Exemption, Class_ Section for the following reason(s): The project will not have a significant effect on the environment. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. . Signature Title Applicant: County Public Works Department Department of Fish and Game Fee - Exempt 255 Glacier Drive Martinez, CA 94553 County Clerk Fee $25 Due Receipt # Attn: Janet Frattini Cpommuniity Contra Harvey E. Bragdon DC.�Velopl 1 Tent Director of Community Development Department COSta County Administration Building County 651 Pine Street 4th Floor, North Wing Martinez, California 94553-0095 Phone: 646-4202 June 1, 1995 CUU County File #CP 95-37 Attention: Public Works Department Janet Frattini - Design Division Dear Applicant: The Contra Costa County Community Development Department has completed an initial study of the environmental significance of the project represented by your pending application bearing County File Number CP 95-37 (Stormwater Utility Assessments - FY 1995-96). In conformance with Contra Costa County Guidelines for implementing the California Environmental Quality Act of 1970(CEQA), it has been determined that your project will not have a significant effect on the environment. Your project falls within the following category: (✓) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED. ( ) The project is categorically exempt (Class ). ( ) The CEQA requirements are accommodated by the EIR previously prepared for ( ) A statement that an EIR is not required (Negative Declaration of Environmental Significance has been filed by the Community Development Department [unless appealed]). W) Other: General Rule of Applicability (Section 15061(b)(3)) ( ) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED. ( ) The complexity of your project requires your submission of additional special reports or information (as outlined on the attached sheet) (which will be outlined in a forthcoming letter). ( ) A consultant will be hired to prepare the environmental impact report. This procedure is explained on the attached sheet. Preparation of the EIR cannot be started until the fee and additional information requested is received by the Community Development Department. If you have questions concerning this determination or desire additional information relative to environmental impact report regulations, please call (510) 646-2031 and ask for Debbie Chamberlain. Sincerely yours Harvey E. Bragdon Director of Community Development By�f;., �, ,a y sr `� ' f>t is ,✓ :gms shl\t TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: MAY 1.6, 1995 SUBJECT: ACKNOWLEDGE RECEIPT OF RESOLUTIONS REQUESTING ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1995-96 Project No.: 4500-6X7043 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: 1. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments for Fiscal Year 1995-96 from the following municipalities and corresponding Stormwater Utility Areas: Moraga San Pablo Walnut Creek 2. ACKNOWLEDGE receipt of revised Engineer's Report and DIRECT Chief Engineer to file said report with a report listing the proposed, individual parcel assessments with the Clerk of the Board of Supervisors. 11. Financial Impact: The proposed Stormwater Utility Assessments will provide $8 million in funding for the National Pollutant Discharge Elimination System (NPDES) program and drainage maintenance activities implemented by the cities and unincorporated portions of Contra Costa County. III. Reasons for Recommendations and Background: On May 2, 1995, the Board of Supervisors, acting as the governing board of the Contra Costa County Flood Control.District, adopted a resolution setting June 13, 1995 as the public hearing date for adoption Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON "YY)a�• I(v 199 APPROVED AS RECOMMENDED Z OTHER I hereby Certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date Shown. ATTESTED PHICSATCHELOF0 Clark of the Board VOTE OF SUPERVISORS of supervisors and county Administrator --�G UNANIMOUS(ABSENT 1C ) AYES: NOES: By Deputy ABSENT: ABSTAIN: PH:LMB:mg g:\fldctRfcbo113016.t5 Orig.Div: Public Works(FCE) Contact: Linda Bulkeley,313-2238 cc: Public Works County Administrator County Counsel GMEDA ACKNOWLEDGE RECEIPT OF RESOLUTIONS FOR STORMWATER UTILITY ASSESSMENTS FOR FY 95-96 MAY 16, 1995 PAGE TWO of Fiscal Year 1995-96 Stormwater Utility Assessments for Stormwater Utility Areas No.1 through 17. A copy of the May 2, 1995 Board Order is attached for reference. Moraga, San Pablo, and Walnut Creek are included in these Utility Areas. Resolutions requesting adoption of the Stormwater Utility Assessment have now been received from these three jurisdictions. The Board needs to acknowledge receipt of these documents. The Engineer's Report has been revised to reflect a decrease in the proposed ERU rate for Stormwater Utility Area 14 (San Pablo). San Pablo's proposed ERU rate has decreased by one cent, from $34.81 to$34.80. The revised rate will better meet the requirements of the tax collection process, specifically the need for even numbered assessment rates to facilitate semiannual property tax billing. The Flood Control District has prepared a report that lists by municipality the proposed assessment on each taxable parcel based on the proposed ERU assessment rate for each Stormwater Utility Area. The Engineer's Report with this list of proposed individual assessments will be filed May 16, 1995 in the office of the Clerk of the Board of Supervisors, following approval of this Board Order. IV. Conse uences of Negative Action: If the proposed assessments for the 1995-96 Fiscal Year are not implemented, the program would probably have to be funded by the general funds of the cities and County. WRITE ITD DON'T SAY IT! C EM137 5 8 - --- � - - - - TRA COSTA COUNTY ----- ------- - - - - ---� ,/ l Co` 5-145 TO � `Q/ V t Y' t./ -1I k-©��DATE FROM �tY�ld�Kd(�A�4! IIALI't 'V0 SUBJECT �eVc�e .5O rO� C % do -� Y � � a-- e I i SIGNED PLEASE REPLY HERE TO DATE I i i I I I I i SIGNED INSTRUCTIONS - FILL IN TOP PORTION, REMOVE DUPLICATE (YELLOW) AND FORWARD REMAINING PARTS.TO REPLY,FILL IN LOWER PORTION,RETAIN TRIPLICATE(PINK)AND RETURN ORIGINAL. FORM M103 i I PROOF OF P LICATION (2015.5 C.C.P.) STATE OCALIFORNIA RECEIVE® County off Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, MAY 3 U and not a party to or interested in the above-entitled 1999 matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and pub- CLERK BOARD OF SUPERVISORS j Iished at 2640 Shadelands Drive in the City of Walnut CONTRA COSTA Creek, County of Contra Costa, 94598. CO. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy(set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ........................................................... all in the year of 19. 5. I certify (or declare) under penalty of perjury that the foregoing is true and correct, Executed at Walnut Creek, California. On this day of ..C..:.J... 19..1. Si ature Lesher Communications, Inc. Contra Costa Times P.O. Box 4147 Walnut Creek, CA 94596 (510) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) THE BOARD OF SUPERVI- This Board,on June 22,1993, Board may abandon the pro- SORS OF CONTRA COSTA established Stormwater Utili- Posed actions, or proceed COUNTY CALIFORNIA AS ty Area 1-(Antioch), 2-(Clay- with the same. THE GOVERNING BODY OF ton) 3-((Concord), 4-(Dan- The Clerk of the Board is CONTRA COSTA COUNTY v i l l e),5-(El C e r r i t o), DIRECTED of publish a N s FLOOD CONTROL & WA- 6-(Hercules), 7-(Lafayette), tice of Hearing pursuant to TER CONSERVATION DIS- 8-(Martinez),9-(Moraga), 10- Government bode 6066, TRICT ((Orinda), 11-(Pinole), 12- once a week for two(2)suc- Adopted this Resolution on (Pittsbur�) 13-(Pleasant Hill), cessive weeks prior to the ' May 2, 1995 by the following 14-(San-Pablo), 15-(San Ra- hearing in the West County vote: mon),16-(Walnut Creek);17- Times, Contra Costa Times, (Unincorporated County)con- and Antioch Daily Ledger, AYES: Suppervisors Roggers, sisting of that real property newspapers of general clrcu- Smith, De5aulnier, Torlakson located in the incorporated lation,circulated in the areas and Bishop limits of the cities indicated proposed to adopt Fiscal NOES:None and the unincorporated Year 1995-96 Stormwater county;and Utility Assessments. Publica- ABSENT:NoneThis Board also has before it tion Shall be completed at the Chief Engineer's report least seven a days before ABSTAIN:None said hearing and said notice providing an estimate of the shall be given for a period of cost of the National Pollutant not less than twenty (20) RESOLUTION NO.95/197 Dischargge Elimination Sys- days. (West's Water Code App. tem(NPDES)permit activities ' Ch.63.Sec.12.2 and 12.3) to be borne by property in the The exterior boundaries of SUBJECT: NOTIFICATION OF Individual Stormwater•Utility the Stormwater Utility Areas HEARING TO CONSIDER THE Areas. This report is on file include lands within the cities ADOPTION OF STORM WA- with, and may be examined indicated above.The Clerk of TER UTILITY ASSESSMENTS at the office of the Clerk of this Board is DIRECTED to FOR FISCAL YEAR 1995-96, the Board of Supervisors,Ad- forvvard to the governing FOR STCAL YEAR UTILITY ministration Building, Marti- body of said cities a copy of AREAS NO. 1 THROUGH IT nez,California. this Resolution at least twenty COUNTYWIDE,PROJECfi (20) days before the above It r proposed that encs or noted hearing. N0.4500-6X7043. ter Utility Assessments for The Board of Supervisors of Fiscal Year 1995-96 be The Clerk of the Board is Contra Costa County; or the adopted for Stormwater Utili- further DIRECTED to mail a Governing to of the Contra h'Areas 1 through 17;and copyHear,of the Notice of Public Costa County Flood Control& At 11,00 a.m. on June 13, party w to anted interested written Water Conservation District, 1995,in the Chambers of the Party who has fl RESOLVES THAT; request for mailed notice with Board of Supervisors,Admin- the Clerk of the Board or with The Contra Cosa County istration Building, Martinez, the District. ty California,this Board will con- Flood Control and Water duct a public hearing on the I hereby certify that this is a Conservation District Act, adoption of Fiscal Year true and correct copy of an hereinafter referred to as Act, 1995-96 Stormwater Utility action taken and entered on provides authority for said Assessments.At the hearing, the minutes of the Board of Governing Body to establish this Board will hear and pass Supervisors on the date Stormwater Uti qty Areas,and upon any and all written or shown. adopt ordinances for,Storm- oral objections to the adop- ATTESTED:Mat 2,1995 water Ut,"y Assessments; tion of the proposed Fiscal PHIL BATCHELOR, and Year 1995-96 Stormwater Clerk of the Board of Supervi- Utility Assessments. Upon sors and County Administra- conclusion of the hearing,the for By:Ann Cervelli, Deputy Legal CCT 5805 Publish:May 16,23,1995 PROOF OF PUBLOATION (2015.5 C.C. STATE OF CALIFORNIA County of Contra Costa rf I am a citizen of the United States and ar`. resident of the County aforesaid; I am over RECE1� .`_ the age of eighteen years, .and not a party to ° or interested in the above-entitled matter. MAY 3 O Rio I I am the Principal Legal Clerk of the Ledger Dispatch and Brentwood News. Newspapers of general circulation, printed and published CLERK MARDOFSUPERVISOrtz> at 1650 Cavallo Road in the City of Antioch, CONTRA COSTA CO, County of Contra Costa, 94509. And which newspapers have been adjudged newspapers of general circulation by the Su- perior Court of the County of Contra Costa, State of California, under the date of March 26, 1870. Case Number 746370. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and en- tire issue of said newspapers and not in any supplement thereof on the following dates, to-wit: Ze ......................................all in year of 1995. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Antioch, California. On this .Z.3.. day of ...M ., 1995. Signature Ledger Dispatch and Brentwood News P.O. Box 2299 Antioch, CA 94531-2299 (510) 757-2525 THE BOARD OF SUPERVI- SORS This Board,on June 22,1993, OF CONTRA COSTA The Clerk of the Board is DI- COUNTY CALIFORNIA AS established Stormwater Utili- RECTED to publish a Notice THE GOVERNING BODY OF ty Area 1-(Antioch), 2-(Clay- of Hearing, pursuant to Go CONTRA COSTA COUNTY ton) 3-((Concord), 4-(Dan- ernment Code 6066, once a FLOOD CONTROL & WA- v i I i e),5-(E I C e r r i t o), week for two (2) successive TER CONSERVATION DIS- 6-(Hercules),7-(Lafayette), weeks prior to the hearing in TRICT 8-(Martinez), 9- are a), 10 the West County Times,Con- Adopted this Resolution on Orinda), 11-( inOle), 12- tra Costa Times,and Antioch May 2,1995 by the following -P 13 a. Hill), Daily Ledger, newspapers of vote: 4-(San ablo), 15-(San Ra- general circulation,circulated mon),16-(Walnut Creek),17- In the areas proposed to AYES: Supervisors Rogers, (Unincorporated County)con- adopt Fiscal Year 1995-96 Smith, DeSaulnier, Torlakson sisting of that real property Stormwater Utility Assess- and Bishop located In the incorporated ments. Publication shall be _ limits of the cities indicated completed at least seven(7) NOES:None and the unincorporated days before said hearing and county;and said notice shall be given for ABSENT:None This Board also has before it twnty typeriod2 of not less than (2of days. ABSTAIN:None the Chief Engineer's report providing an estimate of the The exterior boundaries of RESOLUTION NO.95/197 cost of the National Pollutant the Stormwater Utility Areas (West's Water Code A % Discharge Elimination Sys- Include lands within the cities Ch.63.Sec.12.2 and 12.3) tone activities indicated c bv Clerk of o be bmby property In the this Board sDIRECTDto SUBJECT: NOTIFICATION OF Individual Stormwater Utility forward to the governing HEARING TO CONSIDER THE Areas. This report is on file body of said cities a copy of ADOPTION OF STORMWA- with, and may be examined this Resolution at least twenty TER UTILITY ASSESSMENTS at the office of the Clerk of (20) days before the above FOR FISCAL YEAR 1995-96, the Board of Supervisors,Ad- .noted hearing. FOR STORMWATER UTILITY ministration Building, Marti- AREAS NO. 1 THROUGH 17 nez,California. The Clerk of the Board is fur- COUNTYWIDE PROJECT ther DIRECTED to mail a NO.4500-6X704 . It Is ppropposed that Stormwa- copy of the.Notice of Public ter Util(ty Assessments for Hearing to any interested The Board of Supervisors of Fiscal Year 1995-96 be party who has filed a written Contra Costa County;as the adopted for Stormwater Utili- request for mailed notice with Governing Bod of the Contra ty Areas 1 through 17;and The Clerk of the Board or with Costa County Flood Control& the District. Water Conservation District, At 11:00 a.m. on June 13, RESOLVES THAT; 1995,In the Chambers of the I hereby certify that this is a Board of Supervisors,Admin- true and correct copy of an The Contra Costa County istration Building, Martinez, action taken and entered on Flood Control and Water California,this Board will con- the minutes of the Board of Conservation District Act, duct a public hearing on the Supervisors on the date hereinafter referred to as Act, adoption of Fiscal Year shown. pprovides authority for said 1995-96 Stormwater Utility ATTESTED:May 2,1995 Governingg Bodyy to establish Assessments.At the hearing, PHIL BATCHELOR, Stormwater Utifity Areas,and this Board will hear and pass Clerk of the Board of Supervi- adopt ordinances for Storm- upon any and all written.or sors and County Administra- water Utility Assessments; oral objections to the adop- for and tion of the proposed .Fiscal BY:/s/Ann Cervelli, Year 1995-96 Stormwater Deputy Utility Assessments. Upon I Legal LD80 4515 conclusion of the hearing,the I Publish:May 16,23,1995 Board may abandon the pro- posed actions, or proceed with the same. PROOF OF PUBLICATION RECEIVED (201 5.5 c.c.P.) MAY 2 6 1995 STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the CLERK BOARD OF SUPERVISORS County aforesaid; I am over the age of eighteen years, CONTRA COSTA CO. and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the West County Times, a newspaper of general circulation, printed and pub- lished at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of August 29, 1978. Case Number 188884. The notice, of which the annexed is a printed copy(set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ...M Ala,..I.k.1.Q... - ._. ...................................... all in the year of 19..1.5 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed,at Walnut Creek, Calif On thisday o 19.. .. . ..... .rte......................... Sign ure Lesher Communications, Inc. West County Times P.O. Box 120 Pinole, CA 94564 (510) 262-2740 Proof of Publication of: (attached is a copy of the legal advertisement that published) THE BOARD OF This Board,on June 22,1993, posed actions, or SUPERVISORS OF established Stormwater Utili- with the same. Proceed CONTRA COSTA ty Area 1-(Antioch), 2-(Clay- CO GOVL`UNTY CALIFORNIA AS RNING BODY OF ton) 3-((Concord), 4-(Dan- The Clerk of the Board is CONTRA COSTA COUNTY v i I I e),5-(E I C e r r i t o), DIRECTED to publish a No- FLOOD CONTROL& 6-{(Hercules, 7-(Lafayette), tice of Hearing pursuant to WATER CONSERVATION 8-(Martinez;,9-(Moraga), 10- Government bode 6066, 0 inda), 11-(Pinole), 12- once a week for two(2)suc- DISTRICT �Pittsburpp)) 13-(Pleasant Hill), cessive weeks prior to the Adopted this Resolution on mon),16-t(Wl n 15-(San Ra- Times, Conthearing in ra Costa Tiest mes May 2,1995 by the following mon), rporaalnut Creek),17- and Antioch Dail vote: (Unincorporated County)con- y Ledger, sisting of that real property newspapers of general circu- AYES: Suppervisors Roggers, located in the incorporated lation,circulated in the areas Smiths DeSaulnier,Torlakson limits of the cities indicated proposed to adopt Fiscal and the unincorporated Year 1995-96 Stormwater and Bishop county;and Utility Assessments. Publica- NOES:None tion shall be completed at ABSEfVT:None This Board also has before it least seven (7) days before ABSTAIN:None the Chief Engineer's report said hearing and said notice RESOLUTION NO.95/197 Providing an estimate of the shall be given for a period of cost of the National Pollutant not less than twenty (20) ((WWesYs Water Code App. Discharge Elimination Sys- days. - Ch.63.Sec.12.2 and 12.3) tem(NPOES)permit activities SUBJECT: NOTIFICATION OF to be borne by property in the The exterior boundaries of individual Stormwater Utility the Stormwater Utility Areas HEARING TO CONSIDER THE Areas. This report is on file include lands within the cities ADOPTION OF STOwith, and may be examined indicated above.The Clerk of T FOR FISCAL YEAR ASSESSMENTS at the office of the Clerk of this BoardisDIRECTED to FOR STORMWATER UTILITY the Board of Supervisors,Ad- o the governing AREAS NO. 1 THROUGH 17 ministration Building, Marti- bodyof said cities a copy of nez,California. this Resolution at least twenty COUNTYWIDE PROJECt (20) days before the above NO.4500-6X7043. It is proposed that Stormwa- noted hearing. The Board of Supervisors of ter Utility Assessments for The Clerk of the Board is Contra Costa County;as the Fiscal Year 1995-96 be further DIRECTED to mail a Governing Body of the Contra adopted for Stormwater utili- copy r the Notice of Public Costa County Flood Control& ry Areas 1 through 17;and Hearing to any interested Water Conservation District, At 11:00 a.m. on June 13, Party who has filed a written RESOLVES THAT; 1995,in the Chambers of the request for mailed notice with Board of Supervisors Admin- the Clerk of the Board or with The Contra Costa County istration Budin Martinez, the District. Flood Control and Water 9, Conservation District Act, California,this Board will con- I hereby certifythat this is a hereinafter referred to as Act, duct a public hearing on the true and corret co of an provides authority for said adoption of Fiscal Year action taken and entered on Governing Body to establish 1995-96 Stormwater Utility the minutes of the Board of Stormwater Utility Areas,and Assessments.At the hearing, Supervisors on the date adopt ordinances for Storm- this Board will hear and pass shown. water Utility Assessments; upon any and all written or and oral objections to the adop- ATTESTED:May 2,1995 tion of the proposed Fiscal PHIL BATCHELOR, Year 1995-96 Stormwater Clerk of the Board of Utility Assessments. Upon Supervisors and County conclusion of the hearing,the Administrator Board may abandon the pro- By.Ann Cervelli, Deputy Lal WCT 7966 Pu Iish May 16,23, 1995 - PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra CostaECLEREKSARD O�D I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a parry to or interested in the above-entitled 1 matter. I am the Principal Legal Clerk of the West County Times, a newspaper of general circulation, printed and pub- flished at 2640 Shadelands Drive in the City of WalnutE)i1iSOf3$ Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of August 29, 1978. Case Number 188884. The notice, of which the annexed is a printed copy(set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: MA . .......................................... all in.the year of I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, Califor ' O;this day�o .... 9.. 19.. �/ .......-�� .�:. .—:......................... Signa u re Lesher Communications, Inc. West County Times P.O. Box 120 Pinole, CA 94564 (510) 262-2740 Proof of Publication of: (attached is a copy of the legal advertisement that published) THE BOARD OF SUPERVISORS OF F This Board,on June 22,1993, posed actions, or proceed established Stormwater Utili- with the same. CONTRA COSTA ty Area 1 (Antioch) 2-(Clay- COUNTY CALIFORNIA AS ton) 3-((Concord), 4-(Dan- The Clerk of the Board is THE GOVERNING BODY OF v Hie),5-(E I C e r r i t o), DIRECTED to publish a No- CONTRA COSTA COUNTY 6-Hercules, 7-(Lafa etre)), lice of Hearin FLOOD CONTROL& g-f Martinez;,9-(Moraga), 10- Government g�pursuant666,,, WATER CONSERVATION (Orinda), 11-(Pinole), 12- once a week for two(2)suc- DISTRICT 1iPittsburo) 13-(Pleasant Hill), cessive weeks prior to the Adopted this Resolution on 14-(San Pablo), 15-(San Ra- hearing in the West county May 2, 1995 by the following mon), 16-(Walnut Creek),17- Times Contra Costa Times, vote: (Unincorporated County)con- and Antioch Daily Ledger, listing of that real property newspapers of general circu- AYES: Suppervisors Rogers, located in the incorporated lation,circulated in the areas Smith DeSaulnier, Torlakson limits of the cities indicated proposed to adopt Fiscal and Bishop and the unincorporated Year 1995-96 stormwater NOES:None county;and Utility Assessments. Publica- tion shall be completed at ABSEM:None 'this Board also has before it least seven (7) days before ABSTAIN:None the Chief Engineer's report said hearing and said notice RESOLUTION NO.85/197 providing an estimate of the shall be given for a period of ((WW cost of the National Pollutant not less than twenty (20) Ch.63.S ca 12.2 and ter Code App. 2 3) Discharge Elimination Sys- days. tem(NPDES)permit activities The exterior boundaries of SUBJECT: NOTIFICATION OF to be bome by property in the HEARING TO CONSIDER THE individual Stormwater Utility the Stormwater Utility Areas , ADOPTION OF STORMWA- Areas. This report Is on file include lands within the cities TER UTILITY ASSESSMENTS with, and may be examined indicated above.The Clerk of FOR FISCAL YEAR 1995-96, at the office of the Clerk ofthis Board is DIRECTED to FOR STORMWATER UTILITY the Board of Supervisors,Ad- forward to the governing AREAS NO. 1 THROUGH 17 ministration Building, Marti- body of said cities a copy of nez,California. this Resolution at least twenty COUNTYWIDE PROJECT (20) days before the above NO.4500-6X7043. It is Proposed that Stormwa- noted hearing. The Board of Supervisors of ter Utility Assessments for The Clerk of the Board is Contra Costa County;as the Fiscal Year 1995-96 be Governing Body of the Contra adopted for Stormwater Utili- further DIRECTED to mail a Costa County Flood Control& ty Areas 1 through 17;and copy of the Notice of Public aninterested ry Water Conservation DistrictHearing to a , At 11:00 a.m. on June 13, parwho has filed a written RESOLVES THAT; 1995,in the Chambers of the request for mailed notice with Board of Supervisors,Admin- the Clerk of the Board or with The Contra Costa County Istration Building,Flood ,Control and Water 9• Martinez, the District. Conservation District Act, California,this Board will con- I hereby certify'that this is a hereinafter referred to as Act duct a public hearing on the adoption of Fiscal Year ty Governing Body to establish true and correct copy of an provides authority far said 1995-96 Stormwater Utility action taken and entered on Stormwater Utility Areasthe minutes of the Board of,and Assessments.A[the hearing, Supervisors on the date adopt ordinances for Storm- this Board will hear and pass shown. water Utility Assessments; upon any and all written or and ora) Objections to the adop- ATTESTED:May 2,1995 tion of the proposed Fiscal PHIL BATCHELOR Year 1995-96 Stormwater Clerk of the Board of Utility Assessments. Upon Supervisors and County conclusion of the hearing,the Administrator Board may abandon the pro- By.Ann Cervelli, Deputy Legal WCT 7966 Publish May 16,23,1995 Revised #1.8 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: MAY 2, 1995 SUBJECT: ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1995-96 COUNTYWIDE 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 1995-96 for Stormwater Utility Areas Numbers 1 through 17; 2. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments for Fiscal Year 1995-96 from the following municipalities and corresponding Stormwater Utility Areas: Antioch Hercules Pittsburg Clayton Lafayette Pleasant Hill Concord Martinez San Ramon Danville Orinda Unincorporated Contra Costa County El Cerrito Pinole 3. ADOPT the attached Resolution setting June 13, 1995, at 11:00 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 1995-96 for said areas. fl. Financial Impact: The proposed assessments for stormwater Utility Areas 1 through 17 will provide approximately $8,000,000 in funding for the cities and unincorporated County for the National Pollutant Discharge Elimination System (NPDES) program and drainage maintenancAactivi Continued on Attachment: XSIGNATURE: Oj RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May 2 , 19 9 5 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certity1hat this Is a true and correct copy of MFK/LMB:mg an action taken and entered on the minutes of the g:lfldctflfcbo\BO2.t5 Board of.Supe ora on the date shown. Orin.Div: Public Works 3- ATTESTED: . 144 Contact: Linda Bulkeiey,31313-2238 PHIL BAT OR,Clerk of the Board cc: Milton Kubicek,313-2203 of Supervisors and county Administrator County Administrator County Assessor County Auditor/Controller By ,Deputy County Counsel GMEDA • r • I • ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1995-96 COUNTYWIDE MAY 2, 1995 PAGE TWO Treasurer-Tax Collector 111. Reasons for Recommendations and Background: Contra Costa County, its incorporated cities and the Contra Costa County Flood Control and Water Conservation District decided approximately four years ago to collectively apply for a Joint Municipal Stormwater National Pollutant Discharge Elimination System(NPDES) Permit. This is federally mandated through the Clean Water Act which was amended in 1987 to specifically address stormwater pollution. There are three parts to the Permit. The Part I Application representing reconnaissance level activities by each municipality was submitted to the San Francisco Bay and Central Valley Regional Quality Control Boards on May 18, 1992. The Part Il Application, representing the development of each municipality's Stormwater Management Plan seeks to reduce or radically eliminate pollutants from getting into the storm sewer system. The third phase of the process began when the Regional Boards approved the Stormwater Management Plan..on September 15, 1993 (San Francisco) and January 28, 1994 (Central Valley). These approvals marked the beginning of the five year(1993 through 1998) permit period when each municipality is required to implement the activities listed in the Plan. An Annual Report, which summarizes the activities implemented by the municipalities during the first year of the Permit, was submitted to the Regional Boards on September 1, 1994. The second Annual Report will be submitted on September 1, 1995. The Regional Boards have indicated the need for a "restricted"funding source to finance implementation costs. Therefore, 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 assessment to pay for implementation costs. 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. Assessments were collected for Fiscal Year 1993-94 and 1994-95. IV. Consequences of Negative Action: If the proposed assessments for the 1995-96 Fiscal Year are not implemented, the program would probably have to be funded by the general funds of the cities and County. 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 2, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier , Torlakson and Bishop NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 95/ 19 7 (West's Water Code App. Ch. 63. Sec. 12.2 and 12.3) SUBJECT: NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1995-96, FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE. PROJECT NO. 4500-6X7043 The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control&Water Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adopt ordinances for Stormwater Utility Assessments; and This 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), and 17-(Unincorporated County) consisting 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 is on file with, and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that Stormwater Utility Assessments for Fiscal Year 1995-96 be adopted for Stormwater Utility Areas 1 through 17; and At 11:00 a.m. on June 13, 1995, 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 1995-96 Stormwater Utility Assessments. At the hearing, this Board will hear and pass upon ,any and all written or oral objections to the adoption of the proposed Fiscal Year 1995-96 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 the areas proposed to adopt Fiscal Year 1995-96 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. NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF A STORMWATER UTILITY ASSESSMENT, FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE MAY 2, 1995 PAGE TWO The exterior boundaries of the Stormwater Utility Areas include lands within the cities indicated above. The Clerk of this 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 Clerk of the Board is further DIRECTED to mail a copy of the Notice of Pubic Hearing to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District. MFK:LMB::mg g:\fldctl\work\bo2.t5 Orig. Dept.: Public Works(FC) Contact: Linda Bulkeley (510) 3.13-2238 t tio certify that this to a true and correct soft of ac an action taken and entered On the minutes of the cc: Milton Kubicek, (510) 313-2203 Board of pe Suors on the date shown. County Administrator ATTESTED: Yylcud 21 1 4 PHIL BAT LOR,Clerk of the Board County Assessor of Supervisoand County Administrator County Auditor/Controller County Counsel By - ,Deputy County Treasurer-Tax Collector GMEDA Public Works-NPDES RESOLUTION NO. 95/197 i Revised ENGINEER'S REPORT FOR THE ADOPTION OF FISCAL YEAR 1995-96 ASSESSMENTS FOR CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT STORMWATER UTILITY AREAS NOS. 1 THROUGH 17 Prepared by the Staff of the Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez, CA 94553 May 1995 i 1. RECOMMENDATION: It is recommended that: a. The Stormwater Utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 1995- 96 be adopted for the Contra Costa County Flood Control and Water Conservation District Stormwater Utility Areas (SUA) for the following incorporated and unincorporated areas: STORMWATEf2 MAXIMUMX15TiNG PROPOSED 1T7t iTY -AREA1=RU ! 1=RU ERU AREA IVO RAE 'RATE:FOR '1( RATE FOR -1:99495 FY 1995 96 1 Antioch $25.00 $17.00 $17.00 2 Clayton $29.00 $23.50 $23.50 3 Concord $35.00 $26.00 $26.00 4 Danville $30.00 $22.00 $22.00 5 El Cerrito $38.00 $14.00 $14.00 6 Hercules $35.00 $24.00 $24.00 7 Lafayette $35.00 $18.00 $16.00 8 Martinez $30.00 $20.00 $28.00 9 Mora a $35.00 $20.00 $20.00 10 Orinda $35.00 $23.00 $23.00 11 Pinole $35.00 $28.00 $35.00 12 Pittsburg $30.00 $24.00 $24.00 13 Pleasant Hill $30.00 $25.00 $25.50 14 San Pablo $45.00 $33.80 $34.80 15 San Ramon $35.00 $23.00 $23.00 16 Walnut Creek $35.00 $19.00 $19.00 17 Unincorporated $30.00 $16.20 $16.20 County 2. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NPDES)PROGRAM: The Federal Water Pollution Control Act generally referred to as the Clean Water Act was adopted by Congress 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 waste water and municipal sewage. The Act was amended in 1987 mandating the Environmental Protection MFKLMB:Iv:fp g:FLDCTLInpdesleng-rpt.95 May 9,1995 2 Agency (EPA) to establish regulations setting forth the National Pollutant Discharge Elimination System (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 for}the Contra Costa Clean Water Program in order to marshall 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 Clean Water Program's Management Committee identified the formation of stormwater utilities as the most practical method for meeting the funding requirements. Sixteen city councils adopted resolutions requesting the District form a Stormwater Utility Area for their city territory. The governing board of the District established the Stormwater Utility Areas on June 22, 1993. 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 govemment 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, most of the NPDES activities will be performed by the cities and county on an individual basis. 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 storrwater 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 square foot to 20,000 square foot 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 1995-96: 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 MFK:LMB:Iv:fp g:FLDCTUnpdesleng-rpt.95 May 9,1995 3 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). STORM- CaROtlP AGENCY 'DISTRICT WATER . AGENCY NPDES NPDES ADMINJ TAx TOTAL UTILnY COST LECTIONOLLECTOR AREA. FUNDING COST COST 1 Antioch $104,000 $419,676 $21,385 18,149 $563,210 2 Clayton 12,000 63,668 2,872 2,699 81,240 3 Concord 186,000 1,177,922 36,277 28,761 1,428,960 4 Danville 52,000 278,511 13,094 11,057 354,662 5 EI Cerrito 38,000 95,013 8,690 7,074 . 148,778 6 Hercules 28,000 123,794 6,337 5,357 163,488 7 Lafayette 39,000 146,724 8,400 6,868 200,992 8 Martinez 53,000 443,308 11,242 9,218 516,768 9 Mora a . 27,000 122,489 5,630 4,660 159,780 10 Orinda 28,000 198,279 6,823 5,614 238,717 11 Pinole 29,000 251,191 6,263 5,201 291,655 12 PitIsburg 80,000 475,386 13,272 10,894 579,552 13 Pleasant 53,000 342,728 11,548 9,292 416,568 Hill 14 San Pablo 42,000 286,996 6,302 5,220 340,518 15 San 59,000 437,862 12,907 10,744 520,513 Ramon 16 Walnut 101,000 500,149 22,982 18,297 642,428 Creek 17 L Coun 253,000 1,202,158 53,222 43,823 1,552,203 TOTAL: 1,184,000: 6,565,855 247,247 202;929 8;300,032 (1) ,Agency funding for NPDES includes storm drain system maintenance and contingency costs. 5. ESTIMATED STORMWATER UTILITY ASSESSMENT REVENUES IN FY 1995-96: Indicated below are the estimated revenues for Fiscal Year 1995-96 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 MFKLMB:Iv:fp g:F LDCTL\npdesleng-rpt.95 May 9;1995 4 i 10 area. A listing of each assessor parcel number and proposed 1994-95 assessment is on file with the Clerk of the Contra Costa County Board of Supervisors. ST ORMWATER NUMBER OF PROPOSED ERU ESTIMATED UT{CITY AREA AGENCY ERUS RATE FOR> REVENUE f�( 1_J95=96 1 Antioch 33,130 $17.00 563,210 2 Clayton 3,457 23.50 81,240 3 Concord 54,960 26.00 1,428,960 4 Danville 16,121 22.00 354,662 5 EI Cerrito 10,627 14.00 148,778 6 Hercules 6,812 24.00 163,488 7 Lafayette 12,562 16.00 200,992 8 Martinez 18,456 28.00 516,768 9 Mora a 7,989 20.00 159,780 10 Orinda 10,379 23.00 238,717 11 Pinole 8,333 35.00 291,655 12 Pittsburg24,148 24.00 579,552 13 Pleasant Hill 16,336 25.50 416,568 14 San Pablo 9,785 34.80 340,518 15 San Ramon 22,631 23.00 520,513 16 Walnut Creek 33,812 19.00 642,428 17 County 95,815 16.20 1,552,203 TOTAL: 385,353 8,200,032 MFK:LMB:h:fp g:FLDCTLInpdesleng-rpt.95 May 9, 1995 5 RESOLUTION NO. 95-54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS TO DIRECT THE CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT TO ESTABLISH THE 1995/96 FISCAL YEAR STORMWATER ASSESSMENTS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM FOR THE CITY OF SAN PABLO. WHEREAS, under the Federal Water Pollution Act, prescribed discharges of stormwater require a permit from the San Francisco Regional Water Quality Control Board under the National Pollution Discharge Elimination System(NPDES) program; and WHEREAS, the City of San Pablo has developed a stormwater management plan; and WHEREAS,under the Contra Costa County Flood Control and Water Conservation District Act, the Contra Costa County Flood Control and Water Conservation District has specified duties and powers to implement and administer the Countywide NPDES program; and WHEREAS, Assembly Bill 2768, Campbell, (AB2768) 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; and WHEREAS, it is the intent of the Contra Costa County Flood Control District to establish a stormwater parcel assessment to pay for the implementation and administration of the City of San Pablo stormwater management plan as requested by the City of San Pablo; and WHEREASprior to imposing any assessments within any public entity, the Contra Costa C6bnty BoAfd'of Supervisors must have authorization from the public entity as described in AB 2768; and\ WHEREAS, it is the intent of the City of San Pablo to levy a stormwater utility area assessment fee on parcels of property within the limits of the City of San Pablo by which to fund the City's NPDES program; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Pablo hereby authorizes the Contra Costa County Board of Supervisors to direct the County Flood Control District to establish the 1995/96 fiscal year stormwater assessments for the National Pollutant Discharge Elimination System (NPDES) program on behalf of the City of San Pablo. BE IT FURTHER RESOLVED, that the establishment of the stormwater utility area assessments for the City of San Pablo shall specify a fee of$ 34.80 for each Equivalent Runoff Unit (ERU) for fiscal year 1995/96. Adopted this 1 st day of May, 1995, by the following vote to wit: AYES: COUNCILMEMBERS: Brown, Gomes, Palmer NOES: COUNCILMEMBERS: Wysinger, Vigil ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ATTEST: APPROVED: /s/Charlotte Maggard /s/Barbara L. Vigil Charlotte Maggard, City Clerk Barbara L. Vigil, Mayor wpdms\sua95-%.ms I HEREBY CERTIFY THAT TI FOREGOING IS A FULL, RUE AND CORRECT COPY F 6 r C CLERK r ` 3EFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA t A Rpsblution of the Town Council ) ozyt�hle Town of Moraga Establishing ) �the -Ra'te per Equivalent Runoff ) Resolution No. 17-95 ,Un ,Jor FY 1995,-96 and Requesting ) the Contra Costa County Flood ) Control and. Water Conservation ) District to Adopt an Annual Parcel ) Assessment for Drainage Maintenance),_ and the National Pollutant Discharge Elimination System } (NPDES) 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 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, at the request of the Town, 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 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 1995-96 shall be set at $20 . 00 . BE IT FURTHER RESOLVED, that the Town Council does hereby request the DISTRICT to adopt SUA levies based on said amount. AYES : Mayor James J. Sweeny, Vice Mayor Michael G. Harris , Councilmember Cherie T. Grant, Councilmember Michael Majchrzak and Councilmember Frank Sperling III NOES : None J ABSTAIN:. None ` ABSENT: None J me Sween , Mayor _ ATTEST: Ross G. Hubbard, Town Manager iV A J. f h • i RESOLUTION NO. 95-21 RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF WALNUT CREEK ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 1995-96 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, stormwater discharges require a permit from the appropriate Ca,1if9rnia regional water quality board under the National Pal,lu'tant Discharge Elimination System (NPDES) program; and 'V- 'WHEREAS, the City of Walnut Creek (CITY) .did apply for, and =' did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate p6rnAl ants' from entering stormwaters; and a+jf`fi/Pyl ;`'_WHEREAS, it is the intent of the CITY to use funds received :from,,, ts Stormwater Utility Area (SUA) for implementation of the • i i .414. NPDES program and drainage maintenance activities; and WHEREAS, at the request to the CITY, 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 Stormwater Utility Area and Program Group Costs Payment agreement between CITY and DISTRICT requires that CITY annually, by May 1, determine the rate to be assigned to a single Equivalent Runoff Unit (ERU) for the coming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Walnut Creek determines that the rate for a single ERU for FY 1995-96 is $19. 00. BE IT FURTHER RESOLVED, that the City Council does hereby request the DISTRICT adopt Stormwater Utility Assessment levies based on $19. 00. PASSED AND ADOPTED by the City Council of the City of Walnut Creek at a regular meeting thereof held on the 2nd day of May 1995, by the following called vote: AYES: Councilmembers: Regalia, Beagley, Hicks, Mayor Dimmick NOES: Councilmembers: None ABSENT: Councilmembers: Wolfe /s/ Ed Dimmick Mayor of the City of Walnut Creek i ATTEST: /s/ Barbara M. Rivara, CMC City Clerk of the City of Walnut Creek I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Walnut Creek, County of Contra Costa, State of California at a regular meeting of said Council held on the 2nd day of May 1995. ,,t1y1�S?tbltrltttt� co City Clerk of the Ci y of Wa rxt 's 1914 •cgl F4 ""J It BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA AFFIDAVIT OF MAILING In the Matter of ) Copy of Resolution 95/197 Notification of Hearing to Consider the Adoption of Stormwater Utility Assessments For Fiscal Year 1995-1996 I declare under penalty of' perjury that I am now, and at all times herein mentioned have been , 'a .citizen of the United States , over age 18; and that today I deposited in- the United States Postal Service in Martinez , California , postage fully prepaid , a certified copy of Resolution 95/197 to the following : Jeff Lawrence Braddock & Logan 4155 Blackhawk Plaza Cir . Suite 201 Danville, CA 94506 The Hofmann Company Attn:David Lennon P.O. Box 907 Concord, CA 94522 Dennis J. Razzari Davidon Homes 1600 South Main St. #150 Walnut Creek, CA 94596 I declare under penalty of perjury that the foregoing is true and correct. Dated May 8 , 1995 at Martinez, California. OAvvi 1AM --a Ann Cerve i , Deputy Tlerk 3 BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA AFFIDAVIT OF MAILING In the Matter of ) Copyi-of Resolution 95/197 ) Notification of Hearing to Consil the Adoption of Stormwater Utility) Assessments For Fiscal Year 1995-1996 ) ) ) ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been , a-\citizen of the United States , over age 18; and that today I deposited in the United States Postal Service in Martinez , California, postage fully prepaid , a certified copy of REsolution 95/197 to the following .- City ollowing :City of .Antioch City of Martinez City of San Pablo P.O. Box 130 525 Henrietta Street #1 Alvarado Square Antioch, CA 94509 Martinez , CA 94553 San Pablo, CA 94806 City of Clayton Town of Moraga City of San Ramon P.O. Box 280 P.O. Box 188 2222 Camino Ramon Clayton, CA 94517 Moraga, .CA 94556 San Ramon, CA 94583. City of Concord City of Orinda City of Walnut Creek 1950 Parkside Drive 26 Orinda Way 1666 North Main St Concord, CA 94519 Orinda, CA 94563 Walnut Creek, CA 94596 Town of Danville City of Pinole 510 La Gonda Way 2131 Pear Street City of Lafayette Danville, CA 94526 Pinole, CA 94564 P.O. Box 1968 Lafayette, CA 94549 City of El Cerrito City of Pittsburg 10890 San Pablo Avenue 2020 Railroad Avenue El Cerrito, CA 94530 P.O. Box 1518 Pittsburg, CA 94565 City of Hercules City of Pleasant Hill 1111,Civic Drive 100 Gregory Lane Hercules , CA 94547 I declare under penilljsVtpl�'ttlr C�th9a`� 4e foregoing is true and correct. Dated May 8 , 1995 at Martinez, California. CAW 0-�JAAg 1-01/ Ann C rvelli, Deputy Clerk 3 ' sx F A X � ZKORANDUH •• % •• CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 651 Pine Street, Room 106 Kartinez, California 94553 Phone (415) 646-2371= FAX 646-1059 ]DATE: 'TO• , oma PROM: TOTAL PAGES INCLUDING THIS COVER Comments: PLEASE CONFIRM RECR T PT BY TRT,RPHCINR_ Tha nic 1PLME A=SS IF MR ANY MASON YOU DO NOT R =VE MS ITEM CO"LETE1 Z U) ti. dj Z2 on �t rn tC� �,�o oO 2 v13 'd " p CO o fl; .fl c =N cr Cn � m a v m m0 $ � � Z� rn t t tC+ Qn@ t> �o -o co �@ 4�0 �r► �Z W wv�► m r' (ID t ( 03 prn SON�' � ,o(1) nr � p� 2St+ G v Zrn at G N �y' C r0 10 �tD rfi 'p i+ g �� n + (,a z } p m 2 m o Nr' (ID p ' G t t �b ZO p r �� }n m t t v � C �Q O V• `tf* € C �.k tr p rb t n t O chi ud v m �v vZ p n s pla er, �� N 0v p= Q O f ct (D m m o Z u� c Z Z o d N� r W v mrn g p O n i Wo 0c nn o m m 7 C 4 ?< p Q)q t� t vm � ON A< n 1 + f co i too � o O • FAX 4# ZMORANDUM •• .rim % • •• CLM OF THE BOARD OF SWERVI SOBS _ CONTRA COSTA COUNTY „r 651 Pine Street, Room 106 •'�!5i• ,, lsartinez, California 94553 Phone (415) 646-2371: FAX 646-1059 d DATE: TO: ► S ?ROM: k)A) TOTAL PAGES INCLUDING THIS COVER Comments: _ PLEASE CONFIRM RFCFTPT RV TP.T,FPNnNP. _ Thank Wnn PLZkSE AMSE IF FOR ANY REASON YOU DO NOT RECEIVE '=S XTEM COd+�LETE 1 I 5` { Z amZ pO l; Z{n yv t C m rn � 1 toO pi W� o n --i n N a c'•-.- incun H 10 off' o 0CCK —� -ate -� o �.t003E (D t:; a � m cnz0 � ~ C) C: s -NCD... 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O {D o oma q0 pin :p �r1t 0 C: m —►C € m ��'—+ X m� � min ir+ Oo m m O O O p> ci tD 1 C nZ o� m ami Z t Ov mo ► (D CZ m m-i M T- � �—i (7 T- o 1 0 7D o z� a o 4 0 mo m v ?.m Z i Z 03 5c m v O !� O 30 1-0 Zj Z El ® I x m Q (mn by M -a O t0fi H oxi o N am cn �C N to o o �m o T # 0-) i O cn tv -+ co c m n O w I :� cxn Uzi O 1 _ t # I (n 03 N cin C' rri v I Z On py ((D m m l Cl)c o JC O Ln - w • PAX 0 SHORANDUM •• CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 651 Pine Street, Room 106 ' i• Martinez, California 94553 ;.; Phone (415) 646-23711 PAX 646-1059 DATE: TO: ' --� ' N S PROM: k TOTAL PAGES INCLUDING THIS COVER COMMentS: PLEASE coNF T RM RFcF T PT RY TFLFPHnNF. _ Thank wnrn PLEASE ADVISE IP FOR AMY FUSON YOU DO NOT RECEIVE THIS IZ'Bl+i COt+�LETE! - i DO cu C-3 1 F ° zz mn 0 ­1M — mm O 0 Cm p n [� m c(0j n� fid iF• I�1 g I z `- u in CD w M z IN _� � € > RRR C) j tQ Zp cn C 1Uj ft i CD fv ( j 2 (� rt {� PL CL f o :H jr -n m 9Am o (n Sy �:s �3 ! iw Ir• ?!Z `ti] 0 n D liL z< D I InD to :xo m m' A) rt SL ¢ I l �L !rt =t� c O ( m ` J o I O rn i- € �- o ; m tit' O �°O O Z c rn I N j I� C arm r C D_�D 0 SL r f to A� b ti =� n � ' o v, m Q' k< C C I �o rn H m = ( a� —� o D m F4 cn N• I to i in W m ! owv'< m cm rt [ �- m y p Z n a' io t j-3 C/) m m 0 w G7 M c G7 =T ! rho I ;D O m � C)cWVvN z w ! 00t P, � O n0p W-v cQ n j jl „ — OK �oOozm < �o<_m m _c O w 0° � m O c o ro X co u Z3 1i N ij H +--Im p O H. m Z {D 10 1.0C LTJ C I. 1 z0 o n O m O n • Dco # m D � rh (D m Z A i E3 6 Ln (D C 0 �. I 1 ! tco l { m 6- 0 (D 'c t c j F1 ( rt f • 3 i m 0 I rt o R o =o Dn D Do Z: c x p m D co rt f I t x o:j mm r- I c 0 � ct ZZ ( m 1 # �' m I c C)= Xc D m m n D i m o� On 5 m °c H OZ m F { ? c m c O tD O 1 I j { co m Z t Z D a co 37 1 I IEIJ I J f h DSd O (gyp m O m 3 m tv � 3 6 E r ( I � = N mIN: m ' 1 "� ' E] WN ow El p 00 i F- N Z vn U1 m W l0 D ° C/) ! Z r co €(D <# A'z mo Z E m Ij � m 3 UI v � ti 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 2, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 95/ 19 7 (West's Water Code App. Ch. 63. Sec. 12.2 and 12.3) SUBJECT: NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1995-96, FOR STORMWATER UTILITY AREAS NO. 1. THROUGH 17, COUNTYWIDE. PROJECT NO. 4500-6X7043 The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control & Water Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adopt ordinances for Stormwater Utility Assessments; and This 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), and 17-(Unincorporated County) consisting 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 is on file with, and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that Stormwater Utility Assessments for Fiscal Year 1995-96 be adopted for Stormwater Utility Areas 1 through 17; and At 11:00 a.m. on June 13, 1995, 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 1995-96 Stormwater Utility Assessments. At the hearing, this Board will hear and pass upon any and all written or oral objections to the adoption of the proposed Fiscal Year 1995-96 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 the y areas proposed to adopt Fiscal Year 1995-96 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. N ICATIO F HE TO CO S ER OPTIO O A TO A R IT ASS S NT, F R S O ATER ILI Y AS O. 1 O H , CO T E Y 2 1995 P E The exterior boundaries of the Stormwater Utility Areas include lands within the cities indicated above. The Clerk of this 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 Clerk of the Board is further DIRECTED to mail a copy of the Notice of Pubic Hearing to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District. P-\fl jctlwo :m o t5 g. 1cou (FC) ontact: ulke (510) 3 - 38 ►hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the cc: Kubice , (510) 13-2 03 Board of Supe °n o the date shown. Admi strator ATTesTFo: �1!.� May 2-, 1995 Assess r PHIL BAT LOR,Clerk Of the Board of Supervisors,and County Administrator Audito /Controller Couns 1 Deputy Treasu er-Tax Collector Ann Cerve 11 iAWorks - DE RESOLUTION NO. 95/197 , Revised #1.8 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1F FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: MAY 2, 1995 SUBJECT: ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1995-96 COUNTYWIDE 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 1995-96 for Stormwater Utility Areas Numbers 1 through 17; 2. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments for Fiscal Year 1995-96 from the following municipalities and corresponding Stormwater Utility Areas: Antioch Hercules Pittsburg Clayton Lafayette Pleasant Hill Concord Martinez San Ramon Danville Orinda Unincorporated Contra Costa County EI Cerrito Pinole 3. ADOPT the attached Resolution setting June 13, 1995, at 11:00 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 1995-96 for said areas. IL Financial Int act: The proposed assessments for stormwater Utility Areas 1 through 17 will provide approximately $8,000,000 in funding for the cities and unincorporated County for the National Pollutant Discharge Elimination System (NPDES) program and drainage maintenance activi ' Continued on Attachment: X_ SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May 2 , 19 5 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: 1 hereby certify that this Is a true and correct copy of MFK/LMB:mg an action taken and entered on the minutes of the g:kfldctl\fcbo\B02.t5 Board of Supe ra on the date,lawn. c � Ong.Div: Public Works(FCE) ATTESTED: Contact: Linda Bulkeley,3132238 PHIL BAT OR,Clerk of the Board cc: Milton kubicek,313-2203 of Supervisors and county Administrator County Administrator County Assessor County Auditor/Controller By ,Deputy County Counsel GMEDA ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1995-96 COUNTYWIDE �} MAY 2, 1995 PAGE TWO Treasurer-Tax Colledor III. Reasons for Recommendations and Background: Contra Costa County, its incorporated cities and the Contra Costa County Flood Control and Water Conservation District decided approximately four years ago to collectively apply for a Joint Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) Permit. This is federally mandated through the Clean Water Act which was amended in 1987 to specifically address stormwater pollution. There are three parts to the Permit. The Part I Application representing reconnaissance level activities by each municipality was submitted to the San Francisco Bay and Central Valley Regional Quality Control Boards on May 18, 1992. The Part II Application, representing the development of each municipality's Stormwater Management Plan seeks to reduce or radically eliminate pollutants from getting into the storm sewer system. The third phase of the process began when the Regional Boards approved the Stormwater Management Plan on September 15, 1993 (San Francisco) and January 28, 1994 (Central Valley). These approvals marked the beginning of the five year(1993 through 1998) permit period when each municipality is required to implement the activities listed in the Plan. An Annual Report, which summarizes the activities implemented by the municipalities during the first year of the Permit, was submitted to the Regional Boards on September 1, 1994. The second Annual Report will be submitted on September 1, 1995. The Regional Boards have indicated the need for a"restricted"funding source to finance implementation costs. Therefore, 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 assessment to pay for implementation costs. 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. Assessments were collected for Fiscal Year 1993-94 and 1994-95. IV. Consequences of Negative Action: If the proposed assessments for the 1995-96 Fiscal Year are not implemented, the program would probably have to be funded by the general funds of the cities and County. 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 2, 1995 by the following vote: AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 95/ 19 7 (West's Water Code App. Ch. 63. Sec. 12.2 and 12.3) SUBJECT: NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1995-96, FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE. PROJECT NO. 4500-6X7043 The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control & Water Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adopt ordinances for Stormwater Utility Assessments; and This 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), and 17-(Unincorporated County) consisting 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 is on file with, and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that Stormwater Utility Assessments for Fiscal Year 1995-96 be adopted for Stormwater Utility Areas 1 through 17; and At 11:00 a.m. on June 13, 1995, 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 1995-96 Stormwater Utility Assessments. At the hearing, this Board will hear and pass upon any and all written or oral objections to the adoption of the proposed Fiscal Year 1995-96 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 the areas proposed to adopt Fiscal Year 1995-96 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. .� NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF A STORMWATER UTILITY ASSESSMENT, FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE MAY 2, 1995 PAGE TWO The exterior boundaries of the Stormwater Utility Areas include lands within the cities indicated above. The Clerk of this 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 Clerk of the Board is further DIRECTED to mail a copy of the Notice of Pubic Hearing to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District. MFK:LMB::mg g:\fldctl\work\bo2.t5 Orig. Dept.: Public Works (FC) Contact: Linda Bulkeley(510) 313-2238 t certify that this is a true and minute coof actio an action taken and entered on the minutes off the cc: Milton Kubicek, (510) 313-2203 Board of suora on the date shown. County Administrator ATTESTED: 1 l 4 - Count Assessor PHIL BAT LOR,clerk of the Board County of Superviso and County Administrator County Auditor/Controller County Counsel By - ,Deputy County Treasurer-Tax Collector GMEDA Public Works -NPDES RESOLUTION NO. 95/197 - RECEIVED MAY - 2 1995 RESOLUTION NO. 95/60 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 1995-96 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 storm water require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of Antioch (CITY) did apply for, and did receive, an NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering storm waters; and WHEREAS, it is the intent of the CITY to utilize funds received from a 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 and Water Conservation District(DISTRICT)has completed the process for formation of a SUA, including the adoption of Storm water Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the Storm water Utility Area 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 Antioch does determine that the rate to be assigned to a single ERU for FY 1995-96 shall be set at $17.00 (seventeen dollars).. BE IT FURTHER RESOLVED, that the City Council does hereby request the DISTRICT to adopt Storm water Utility Assessment levies based on said amount. RESOLUTION NO. 95/60 PAGE 2 I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 28th day of March, 1995 by the following vote: AYES: Council Member Rocha, Rimbault, Payton, Hernandez and Mayor Herendeen NOES: None ABSENT: None FLORENCE V. RUNDALL, CITY CLERK (PW 616) 1n. RECEIVED MAY — 2 H RESOLUTION NO. 11-95 CLERK BOARD OF SUPERVISORS 11- CONTRA COSTA CO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT (ERU) FOR FY 1995-96 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM WHEREAS, under the Federal Water Quality 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,City of Clayton 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 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 a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 9347; and WHEREAS,The SUA and Program Group Costs Payment agreement between the City and the District requires that 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 the City of Clayton does determine that the rate to be assigned to a single ERU for FY 1995-96 shall be set at $23.50. BE IT FURTHER RESOLVED, that the City Council does hereby request the District to adopt SUA levies based on said amount. 1 RESOLUTION NO. 11-95 Adopted by the City Council of the City of Clayton at a regular meeting of said Council held on April 4, 1995, by the following vote: AYES: Council Members Laurence, Littorno, Manning, Vice Mayor Kendall , Mayor Pierce NOES: None ABSENT: None c C_ Julie K. Pierce, Mayor ATTEST: Frances Douglas, City Cler I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Clayton at a regular meeting held on April 4, 1995. Frances Douglas, City Clerk 2 it __., ... � • COPY 1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 2 RECEIVED 3 A Resolution Authorizing the Contra Costa County Board of Supervisors to Direct the Contra Costa County Flood MAY _ 21995 4 Control District to Establish an Annual Parcel Assess- ment for Drainage System Maintenance and the National 5 Pollutant Discharge Elimination System Program Ct�RK BOARD OF SUPERVISORS - 5 6 / 7 WHEREAS, under the Federal Water Pollution Control Act, [33 U.S.C. Section 8 1342(p)], certain municipal storm water discharges require a permit from the appropriate 9 federal or state authorities pursuant to the National Pollutant Discharge Elimination System 10 (NPDES) Program; and 11 WHEREAS, the City of Concord is named in the Federal Register, Vol. 55, 12 No. 222, dated November 16, 1990 as a medium sized city required to obtain a NPDES 13 permit; and 14 WHEREAS, the City of Concord, in conjunction with other affected jurisdictions 15 within Contra Costa County, applied to the State Regional Water Quality Control Board and 16 received a Joint NPDES Permit and developed a Storm Water Management Plan; and 17 WHEREAS, Assembly Bill 2768 (West's Water Code Appendix, Sections 63-12 and 18 63-12.8) authorizes the Contra Costa Flood Control and Water Conservation District 19 (District) to establish storm water utility areas and to impose annual benefit assessments for 20 the purpose of carrying out the activities required under the NPDES Program; and 21 WHEREAS, it is the intent of the District to form a storm water utility area and 22 impose an annual storm water parcel assessment to pay for the implementation of the NPDES 23 Program and Storm Water Management Plan for each city so requesting; and 24 WHEREAS, before forming a storm water utility area and imposing an annual storm 25 water parcel assessment within a city, the District must receive from the affected city a 26 resolution authorizing such action. 27 28 Res. No. 95-25 1 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD 2 DOES RESOLVE AS FOLLOWS: 3 Section 1. Pursuant to the provisions of West's Water Code Appendix, Section 63- 4 12.8 (d), the City of Concord hereby requests the District's governing body (Contra Costa 5 County Board of Supervisors) to direct the District to prepare the report, to schedule the 6 public hearings and to take all other actions necessary to form a storm water utility area 7 corresponding to the boundaries of the City of Concord, and to impose therein for fiscal year 8 1995/96 an annual parcel assessment to fund implementation of the NPDES Program and 9 Storm Water Management Plan. 10 Section 2. The annual assessment to be imposed by the District within the storm 11 water utility area shall be $26.00 per.Equivalent Runoff Unit (ERU) for fiscal year 1995/96, 12 and shall not exceed a maximum of$35.00 per ERU for subsequent fiscal years, if requested 13 by the City of Concord. 14 Section 3. Should the City of Concord rescind this resolution prior to the District's 15 imposition of the annual parcel assessment, the City of Concord shall be responsible for 16 reimbursing the District upon demand for a proportionate share of the actual costs incurred 17 by the District, but not to exceed $2.00 per parcel proposed for assessment within the storm 18 water utility area. 19 Section 4. The Mayor is authorized to execute the storm water utility revenue 20 collection and disbursement agreement. 21 Section 5. This resolution shall become effective immediately upon its passage and 22 adoption. 23 PASSED AND ADOPTED by the City Council of the City of Concord on March 28, 24 1995 by the following .vote: 25 AYES: Councilmembers - B.McManigal, M.Pastrick, L.Rosas, H.Allen 26 NOES: Councilmembers - None 27 ABSTAIN: Councilmembers - None 28 ABSENT: Councilmembers - C.Coll Res. No. 95-25 2 1 I HEREBY CERTIFY that the foregoing Resolution No. 95-25 was duly and 2 regularly adopted at a regular joint meeting of the City Council and Redevelopment Agency 3 of the City of Concord on March 28, 1995. 4 Lynnet Keihl, CMC 5 City Clerk 6 Y Mardie Traver 8 Deputy City Clerk 9 APPROVED AS TO FORM: 10 1 certify that this is a true copy d / B J a document on me in Vds � .. Laurel R. Weil C-�� � - 12 Acting City Attorney SEALCity Depot'conltd--Clerk is 13 y: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Res. No. 95-25 3 RECEIVED •RESOLUTION NO. 40-95 MAY - 2 199 SETTING THE 1995-1996 STORMWATER UTILITY ASSq!; �PERvi SORS SQ _ AND AUTHORIZING CONTINUED PARTICIPATION INT 7 DE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) WHEREAS, the Federal Water Pollution Control Act requires dischargers of storm water to obtain a permit from the appropriate California Regional Water Quality Control Boardunder the National Pollutant Discharge Elimination System (NI'DES) program; and WHEREAS, Danville has joined 17 other cities within Contra Costa County, Contra Costa County Flood Control and Water Conservation District and Contra Costa County to secure the required permit effective through May 1, 1998; and WHEREAS, the funding of said permit has been established through the Stormwater Utility Assessment (SUA) at $22 per Equivalent Residential Unite (ERU) per Resolution No. 24-93; and WHEREAS, said assessment rate must be set each year-by Town Council; and WHEREAS, Town Council wishes to continue participation with the NPDES program and continue funding the program through assessment of individual properties; now, therefore, be it RESOLVED, by the Town Council of the Town of Danville to support and continue to authorize the Stormwater Utility Assessment for allproperties within Danville; and, be it FURTHER RESOLVED, that the 1995-1996 Stormwater Utility Assessment shall remain at 522 per ERU and the maximum permissible rate shall remain at $30 per ERU. APPROVED by the Danville Town Council at a Regular Meeting on March 7, 1995 by the following vote; AYES: Greenberg, Doyle, Ritchey, Waldo I, Patricia Athenour, City Clerk of Danville, hereby certify that this is a true and correct copy of Town of Danville Resolution No. 40-95. Patricia Athenour, City Clerk O AdhkRECEIV 7MAY - 2 1995 RESOLUTION 95-31 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING PARTICIPATION IN STORMWATER GROUP ACTIVITIES, ESTABLISHING AN ASSESSMENT RATE AND ADOPTING NEW BEST MANAGEMENT PRACTICES. WHEREAS, on November 16, 1990, the Federal Environmental Protection Agency adopted NPDES Permit Application regulations for stormwater discharges as required by the Federal Clean Water Act; and WHEREAS, said}regulations require the submittal of permit applications and the implementation of programs to minimize or eliminate pollutants from entering `'stormwaters; and WHEREAS, the.State of California's San Francisco Regional Water Quality Control Board has mandated that Contra Costa County, seventeen (17) of its incorporated cities and the Contra Costa County Flood Control and Water Conservation District be covered by one area-wide municipal permit; and WHEREAS, all nineteen municipalities have participated in permit application activities and have received NPDES Municipal permits from the San Francisco Bay and Central Valley Regional Water Quality Control Boards; and WHEREAS, the City of EI Cerrito reviews and adopts new Best Management Practices each year, and those in 1995-96 include an inlet stencil program, recycling center inspection, sweeping of recycling yard and corporation yard, phasing out of the use of pesticides, expansion of the current street sweeping program in residential areas and creek and stream restoration. WHEREAS, the Stormwater Utility Area and Program Group Costs Payment Agreement between City and District requires that City annually, by May 1, determine the rate to be assigned to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year; and NOW, THEREFORE, BE IT RESOLVED, that the EI Cerrito City Council shall participate in the implementation of an Area-wide Joint Municipal NPDES Permit agreeing to share in the stormwater utility area and group costs, provide appropriate staff support and provide detailed information necessary to implement the permit. BE IT FURTHER RESOLVED, that the EI Cerrito City Council hereby determines that the rate to be assigned to a single ERU for FY 1995-96 shall be set at $14.00 and requests the District to ;adopt Stormwater Assessment levies based on said amount. I CERTIFY that at a regular meeting on April 3, 1995 the EI Cerrito City Council passed this Resolution by the following vote: AYES: COUNCILMEMBERS: Bartke, Jellison, Kosel, Ritz, La Force NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Rev. 1 IN WITNESS of this action, I sign this document and affix the corporate seal of theaCity of-Pl Q6rrito•.)on-'April 3, 1995. tir,�ia M. Giddings, ti y Clerk APPRO�D: ERTIFIED A TRUE COP orman La Force, Mayor /�f. ll1,1DE M. GIDDIN S Jerk of the City of EI Cerrito,.CA 2 Resolution 95-31 RECEIVE® MAY - 2 1995 RESOLUTION NO. 95-37 CLERK BOARD OF SUPERVISORS ESTABLISHING THE RATE PER EQUIVALENT RUN-OFF UNIT (ERU) F R RA-96 AT - AT $24.00 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE IN THE NATIONAL POLLUTANT ELIMINATION DISCHARGE SYSTEM (NPDES) PROGRAM. WHEREAS under the Federal Clean Water Act of 1987, 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 on September 1, 1993 the City of. Hercules along with Contra Costa County, the Contra Costa County Flood Control and Water Conservation District and 17 incorporated cities within the County received a Group NPDES permit which requires the implementation of selected Best Management Practices to minimize pollutants from entering stormwaters; and WHEREAS at the request of the City of Hercules, the Contra Costa County Flood Control and Water Conservation District (District) has completed the process for formation of a Stormwater Utility Area, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS the City Engineer has determined that an ERU of $24.00 will provide sufficient funds to complete FY 95-96 program needs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hercules does determine that the rate to be assigned to a single ERU for FY 1995-96 shall be set at $24.00. BE IT FURTHER RESOLVED that the City Council does.hereby request the District to adopt Stormwater Utility Assessment levies based on said amount. The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 11th day of April, 1995 by the following vote of the Council: AYES: Manuel, Segerberg, Tucker, Wagstaff, Bartke NOES: None ABSENT: None Beth Bartke, Mayor ATTEST: HER 0 RAT: ol�dsonity le r Rnp es94.res SEAL- f CQ � 2;A Q k Council Agenda Staff Reports ' 6 March 13; 1995 - d MEMORANDUM - February 22, 1995 F�IRKBC EIVED TO: Robert Adams, City Manager / 2 1995 FROM: Mark Lander, City Engineer G / KBO OF SUPERVISORS COSTA CO. RE: Stormwater Utility Fee (Stormwater Pollution Reduction Program) - Adoption of Rate for Fiscal Year 1995-96 - Resolution 11-95 On February 22, 1993, the City Council adopted a stormwater utilityfee of $15 per year for a single family residence for the 1993-94 Fiscal Year, with a cap of $35 for the next four years. The fee was increased to $18 for the 1994-95 fiscal year. The fee is needed to run the City's State and Federally mandated stormwater pollution control program. Revenues raised by the fee are approximately $200,000 per year. Revenues are used to fund activities such as street sweeping, catch basin cleaning, testing elimination of illegal commercial discharges, public education, testing, and structural improvements. The City must adopt a fee rate fr the 1995-96 Fiscal Year if it wants to continue to receive these funds.. Staff has reviewedVast year's expenses and projected costs for the coming year. Revenues during.the first two years of the 5-year program were approximately 20% more than anticipated as the actual number of residence in the assessment zone were originally underestimated. The excess revenues enabled the City to complete the Community Center Detention Pond project in the second year of the program instead of the third year, allowing a reduction of expenditures in the third year in the amount of $66,000. Staff recommends assessments be reduced $2 per year per single family residence for the remaining three years of the 5-year plan, with the intention of spreading the third year savings over these three years. The reduction of the actual assessment amount can be adjusted in t1:e fourth and fif#h year depending upon program costs during the fourth and fifth year. Staff has prepared a resolution setting the fee rate. Background material is also attached. RECOMMENDATION It is recommended that the Council adopt Resolution No. 11-95, setting the fee at $16. ML:mrg . d:res:11-95mem FIED A3 A TRUE COPY CW16bF WY OF L, NE rM CALIFORNIA r I ' RNA BEFORE THEC Y OAU C L OF THE CITY OF LAFAYETTE IN�THE,MA�TER,,OF:.i ' a� u Authorizing the Contra Costa ) County Flood Control and Water ) Conservation District to-Fprm,a ) RESOLUTION NO. 11-95 Storm Water Utility Area;and ito ) Establish an Annual Parcel ) Assessment for the National ) Pollutant DischargefyElimination ) System Prograrn' ) WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of storm water require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, each public entity has developed a storm water management plan; and 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; and WHEREAS, Assembly Bill 2768, Campbell(AB2768)authorizes the District to establish, by resolution, storm water utility areas within the District, as prescribed, and to impose, except as specified within AB2768, an annual assessment within a storm water utility area and in conjunction with the NPDES program; and WHEREAS, it is the intent of the District to establish a stormwater parcel assessment to pay for the implementation of the NPDES program and storm water management plan for each public entity so requesting; and WHEREAS, prior to imposing any assessments within any public entity, the Board of Supervisors must have authorization from the public entity as described in AB2768. NOW, THEREFORE BE IT RESOLVED, that the City of Lafayette hereby authorizes the Contra Costa Board of Supervisors to direct the District to prepare the necessary reports, resolutions, and ordinances, to schedule the necessary public hearings, and to give the required legal notices for the establishment of a storm water utility for the City of Lafayette and-the adoption of utility fees for fiscal year 1995-96. BE IT FURTHER RESOLVED, that the establishment of the utility area for the City of Lafayette.;shall specify a.maximum fee amount of thirty-five dollars per year per Equivalent Runoff�Unit`�(ERU)and the` fee forone ERU for FY 1995-96 shall be set at sixteen dollars. BE?IT FUIta. •ER RESUI:VED,:ahat the City of Lafayette will reimburse the District for actual costs incurred in coinpleting the above tasks with the understanding that the total cost will T � r not exceed one dollar per parcel proposed for assessment contained in the City of Lafayette utility area. PASSED AND ADOPTED by the City Council of the City of Lafayette on March 13, 1995 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor „ATTEST: City Clerk RECEIVED MAY - 2 1995 CLERK BOARD OF SUPERVISORS 1 CONTRA COSTA CO. 1 RECEIVED MAY - 2 ly�o RESOLUTION NO. 36-95 ��CBOARD OFSUPERVISORS MRA COSTA CO. ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR 1995-96 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 discharge of stormwater requires 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 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 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 Stormwater Utility Area and -Program Group Costs Payment agreement between the CITY and the DISTRICT requires that CITY annually, by May 1, determine the rate to be assigned to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Martinez does determine that the rate to be assigned to a single ERU for Fiscal Year 1995-96 shall be set at $28. 00. BE IT FURTHER RESOLVED that the City Council does hereby request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. 0 BEFORE THE CITY COUNCI ITY OF ORINDA In the Matter sof RECEIVED Establishing the Rate per ) MAY - 2 193 Equivalent Runoff Unit for ) Fiscal Year 1995-96, and ) CLERK BOARD OF SUPERVISORS Requesting the Contra Costa ) CONTRA COSTA CO. County Flood Control and Water ) RESOLUTION - 5 Conservation District to Adopt ) an .Annual Parcel Assessment for ) ! . Drainage Maintenance and 'the ) t . National Pollutant Discharge ) k : 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" to minimize or eliminate pollutants from entering stormwaters; 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, THE CITY OF ORINDA DOES RESOLVE AS FOLLOWS: 1. The, rate to be assigned to a single ERU for Fiscal Year 1995-1996 shall be set at $23 . 00; and 2 . The District is hereby requested to adopt SUA levies based on said amount. -1- 3 . The Mayor is authorized to execute an Amendment to the SUA and Program Group Costs Payment Agreement between the City° -of orinda and the District for the purpose of revising Section Eight (8) of the Agreement. Adopted by�theYOity Council of the City of Orinda on April 4 , . 1995' 'by-"'them following vote: AYES: Abrams, Littlehale, Tabor, Wheatland, Hawkins NOES: None ABSENT: None i/!�-(-✓' o ce wkins, Mayor ATTEST. TIM A TRUE Copy Mary E sworth, City ClerkMAP, ELLSWORTH Clerk of t a City-0i 0inda, CA S�S -2- BEFORE THE CITY COUNCIL OF THE CITY OF PINOLE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA ) RECEIVED In the Matter of Establishing ) the Rate Per Equivalent Runoff > [EMAY - 2 1995 Unit for FY 1995-96 and Request- ) ing the Contra Costa County ) Flood Control and Water Conser- ) RESOLUTION NO. 3129 CLERK BOARD OF SUPERVISORS vation District to Adopt an ) CONTRA COSTA CO. 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 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 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 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 CITY and DISTRICT requires that CITY annually, by May 1 determine the rate to be assigned to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. a NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pinole does determine that the rate to be assigned to a single ERU for FY 1995-96 shall be set at $35.00. BE IT FURTHER RESOLVED, that.the City Council does hereby request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. PASSED and ADOPTED this 17th day of April 1995 by the following vote: AYES: COUNCILMEMBERS: Alegria, Boyle, Bradshaw, Horton & Murray NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None DAWN JARRELL DEPUTY CITY•CLERK of the City of Pinole \rea\npdesfee.$35 I hereby certify that the foregoing is a true and correct copy of the original document on file in the City Clerk's office, City of Pinole, Contra Costa County, State of. California. DAWN JARRELL Deputy City .Clerk of the City of Pinole Date: April-20, 1995 RECEIVE® MAY - 2 1995 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. State of California County of Contra Costa City of Pittsburg I, Lynn Reichard, 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 95-8168 on file in this office of said City. WITNESS, my hand, and Of_fidal Seal this 27th day of.April, 1995. r Lynn Reichard,]Deputy City Clerk= for Lillian J. Pride,'C;ity Clerk;,74. � IJ v BEFORE THE SY COUNCIL OF THE CITY OF#TSBURG In The Matter of: RESOLUTION NO. 9 5-818 8 RESOLUTION OF THE CITY OF PITTSBURG ) ESTABLISHING THE RATE PER EQUIVALENT ) RUNOFF UNIT FOR FY 1995-% 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 ELIDIINATION SYSTEM PROGRAM ) AND APPROVING PARTICIPATION IN STORMWATER ) GROUP ACTIVITIES AND COSTS ) 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 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, all nineteen municipalities have participated in permit application activities and have received NPDES Municipal permits from the San Francisco Bay and Central Valley Regional Water Quality Control Boards; and WHEREAS,a joint effort between the Cities, County, and Flood Control District in a joint areawide municipal NPDES permit will minimize the cost of the program to all parties; and WHEREAS, it. is the intent of the City of Pittsburg 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 a SUA,including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the success of the permit process is dependent upon the cooperation of each participating entity; and WHEREAS, the Stormwater Utility Area and Program Group Costs Payment agreement between City and District requires that the City annually, by May 1, determine the rate to be assigned to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pittsburg does determine that the rate to be assigned to a single ERU for FY 1995-96 shall be set at $24.00 and this City Council shall participate in the implementation of an Areawide Joint Municipal NPDES permit agreeing to share in the stormwater utility area and group costs, provide appropriate staff support and provide detailed information necessary to implement the permit. •J BE IT FURTHER RFSOL& that the City Council does hereb�request the District to adopt Stormwater Utility Assessment levies based on said amount. PASSED AND ADOPTED, by the City Council of the City of Pittsburg at a regular meeting held on April 17, 1995 by the following vote: AYES: Councilmember Erbez , Lewis, Quesada and Vice Mayor Canciamilla NOES: None ABSENT: Mayor Davis ABSTAIN: None Jos p _ 'Car_ciarilla, Vice Mayor ATTEST: r L' an J. Prid , fty Clerk Reso. No. 95-8168 • rCLERK CEIVE® - 2RESOLUTION NO. 16-95 D OF SUPERVISORS RA COSTA CO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING CONTINUED PARTICIPATION IN STORMWATER POLLUTION MANAGEMENT UTILITY AND AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 1995/96 FEE FOR PLEASANT HILL'S STORMWATER UTILITY AREA WHEREAS,the Federal Water Pollution Control Act requires that stormwater discharges are to be regulated in urbanized areas by a National Pollution Discharge Elimination System (NPDES) permit; and WHEREAS, in 1993 the ,City of Pleasant Hill applied for and received an NPDES permit which requires the implementation of its Stormwater Management Plan to minimize pollutants from entering stormwaters; and a ;..WHEREAS, in 1993 the Contra Costa Flood Control and Water Conservation District established a stormwater utility area at the request of the City of Pleasant Hill to provide funds to implement requirements of the NPDES permit; and WHEREAS, the City is required to annually renew its participation in the Stormwater Pollution Utility District and authorize the Contra Costa Flood Control and Water Conservation District to set the rate for the Pleasant Hill Stormwater Utility Area; and WHEREAS, the rate is the fee for one Equivalent Runoff Unit (ERU). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of .Pleasant Hill that it desires to continue participation in the Stormwater Utility District and determines that the rate to be assigned to a single ERU for Fiscal Year V;701.�o sr,lzu,l be set at X25.55. BE IT FURTHER RESOLVED,that the City Council does authorize the Contra Costa Flood Control and Water Conservation District to adopt Stormwater Utility fees on behalf of the City of Pleasant Hill. BE IT FURTHER RESOLVED, that 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. The terms of said cost sharing shall be subject to Council's approval of a separate cost sharing agreement. Resolutioi%-'No:16-9 Page 2 ADOPTED'by the City Council of the City of Pleasant Hill at a regular meeting of said Council held on the 17th day of April , 1995 by the.following..vote: . . ` AYES �_ -Brai'idt Cooper, Sterrett,,_Williamson- Landis.; is NOES . ;None ABSENT: -,None W.D. ayor ATTEST: DORIS P. NILSEN, CitjClerk CE o,IED A _ COPY APPROVED AS TO,FORM: -' DEBRA-_'S.-MARGOLI City Attorney _ • RESOLUTION NO. 95 -38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 1995/96 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 Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System(NPDES) program; and WHEREAS,the City of San Ramon did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and' WHEREAS, it is the intent of the City of San Ramon to utilize funds received from its Stormwater Utility Area(SUA)for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City of San Ramon;` the Contra Costa County Flood Control 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 DISTRICT requires that San Ramon 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 San Ramon does determine that the rate to be assigned to a singe ERU for FY 1995-96 shall be set at $23.00. BE IT FURTHER RESOLVED,the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. PASSED, APPROVED, AND ADOPTED, this 11th day of April, 1995 by the following vote: AYES: Councilmembers Boom, Oliver, Welm andMayr°C RECEIVED NOES: None MAY 219y� ABSENT: Councilmember Kinney CLERK BOARD OF SUPERVISORS CONTRA S CO. ABSTAIN: None /1 Gregor}' C , ATT T: �t 62f z_tt[-y -tttl& that tris [t 4 Sj 1212,,[a__u:atZ _o/zy `1 ad"Ptrd[-y tlzt Cit 'f dy M farlane, Cit Clerk t'.x...,,. 0 1. 16$ TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: APRIL 25, 1995 SUBJECT: REQUEST' THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE STORMWATER UTILITY ASSESSMENT LEVIES FOR STORMWATER UTILITY AREA 17 (UNINCORPORATED COUNTY) FOR FISCAL YEAR 1995-96 AT AN EQUIVALENT RUNOFF UNIT (ERU) RATE OF $16.20. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION 1. Recommended Action: REQUEST the Contra Costa County Flood Control and Water Conservation District to adopt the stormwater utility assessment levies for Stormwater Utility Area 17 (unincorporated County) for FY 1995- 96 at an Equivalent Runoff Unit (ERU) rate of$16.20. II. Financial Impact: The 1995-1996 rate per ERU is the same as that set for fiscal year 1994-1995. Therefore, there will be no change in rate for unincorporated County property owners. The unincorporated area of Contra Costa County will produce approximately $1,552,203 which will be used to pay.the costs associated with implementing Contra Costa County's Stormwater Management Plan and County general drainage maintenance. III. Reasons for Recommendations and Background: Under the Federal 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. The County applied for and received an NPDES Permit which requires the implementation of selected best management practices to minimize or eliminate pollutants from entering stormwaters. Continued on Attachment: X SIGNATURE: e–t'-b reel _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _-APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON 0­1 Q-- APPROVED AS RECOMMENDED -`OTHER 1 hereby certify the; this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors an the date yhown. VOOF SUPERVISORS ATTESTED: �q -- ✓✓_ UNANIMOUS(ABSENT 1 rHIL BAT ELOR,Clerk of+w AYES: NOES: ofSr<pervismand CounaAojwrwJd ABSENT: ABSTAIN: LMB: By g\ldctl\fcbo\NPDES 25.t4 Deputv Orig, Div: Public Works(FCE) Contact: L.Bulkeley,313-2238 cc: W.Quaer,Accounting D.Freitas,Flood Control-NPDES J.Gregory,County Administrator County Assessor County Auditor-Controller County Counsel County Treasurer-Tax Collector Adopt the Stormwater Utility Assessment Levies for Stormwater Utility Area 17 (Unincorporated County) for Fiscal Year 1995-96 April 25, 1995 Page 2 III. Reasons for Recommendations and Background: (Continued) The County intends to utilize funds received from the stormwater utility area for implementation of the NPDES Program and drainage maintenance activities. This year the funds were used to develop and distribute public education materials, expand culvert cleaning and garbage removal around man made and natural drainage areas, formulate inspection and enforcement policies for new development/construction activities, as well as industrial activities in the unincorporated parts of the County. The stormwater utility area was formed in 1993. The Stormwater Utility Area and Program Group Costs Payment Agreement between Contra Costa County and the Contra Costa County Flood Control and Water Conservation District requires that the County annually, by May 1, determine the rate to be assigned to a single ERU for the forthcoming fiscal year. 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 implementation of the County Stormwater Management Plan. The regional boards have the authority to issue fines of up to$10,000 per day and $20.00 per gallon of discharge against those municipalities that fail to implement their Stormwater Management Plans or fall into non- compliance with the Permit. ENGINEER'S REPORT FOR THE ADOPTION OF FISCAL YEAR 1995-96 ASSESSMENTS FOR CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT STORMWATER UTILITY AREAS NOS. 1 THROUGH 17 Prepared by the Staff of the Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez, CA 94553 RECEIVED MAY - 2 1995 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. May 1995 1. RECOMMENDATION: It is recommended that: a. The Stormwater Utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 1995- 96 be adopted for the Contra Costa County Flood Control and Water Conservation District Stormwater Utility Areas (SUA) for the following incorporated and unincorporated areas: ............................ ........... .... ................ ...................... ............. ..............I..�..........'�.I.�..'�,��.���'..".,�.�...�........ ...................... .............-...... ................... .......... ................ STORNIWATER� MMU UTIPROPOSl=I3 >: ....... xxi:. ............ ................ ............. .......... ....... ............... ................................. Lily ........ ................ ERU ERU ................................ ..... ... .. ........ ................... .......................... . . ... . . ..-......K.X....:...X.:..:.�:.�.AREA ....t..4...W............... ............. . ..... uw....t... RATE .... .............. .... ......................... ....... 95 EY-4995.9...6............... .. .. - ................................... 1 Antioch $25.00 $17.00 N $17.00 2 Clayton $29.00 $23.50 $23.50 3 Concord $35.00 $26.00 $26.00 4 Danville $30.00 $22.00 $22.00 5 El Cerrito $38.00 $14.00 $14.00 6 Hercules $35.00 $24.00 $24.00 7 Lafayette $35.00 $18.00 $16.00 8 Martinez $30.00 $20.00 $28.00 9 Moraga $35.00 $20.00 $20.00 10 Orinda $35.00 $23.00 $23.00 11 Pinole $35.00 $28.00 $35.00 12 Pittsburg $30.00 $24.00 $24.00 13 Pleasant Hill $30.00 $25.00 $25.50 14 San Pablo $45.00 $33.80 $34.81 15 San Ramon $35.00 $23.00 $23.00 16 Walnut Creek $35.00 $19.00 $19.00 17 Unincorporated $30.00 $16.20 $16.20 County 1 1 2. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NPDES)PROGRAM: The Federal Water Pollution Control Act generally referred to as the Clean Water Act was adopted by Congress 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 waste water and municipal sewage. The Act was amended in 1987 mandating the Environmental Protection MFKLMB:lv:fp g:FLDCTL\npdes\eng-rpt.95 May 1,1995 2 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 l Water Program in order to marshall the necessary resources and develop the most cost-effective program to comply with these federally mandated requirements. i One of the requirements of the NPDES permit process is to identify funding sources for implementation of the program activities. The Clean Water Program's Management Committee identified the formation of stormwater utilities as the most practical method for meeting the funding requirements. Sixteen city councils adopted resolutions requesting the District form a Stormwater Utility Area for their city territory. The governing board of the District established the Stormwater Utility Areas on June 22, 1993. 3. STORMWATER UTILITY: ti A stormwater utility is similar to other utilities. It has a purpose, a geographic boundary, and a method for spreading the utility costs to benefiting properties or recipients. The purpose of the stormwater utility is to fund the implementation of the NPDES program activities required by the permit and the maintenance of the government owned storm drain systems. In development of the stormwater utility legislation, the construction of capital improvements was excluded as a purpose. Stormwater utility assessment revenues can only be spent on the NPDES program activities and storm drain system maintenance. Replacement of a failing storm drain system is considered a maintenance activity as long as the replacement facility is equal in capacity and a comparable type of facility, i.e., pipe storm drain is replaced by another pipe storm drain. The NPDES program activities have been tailored to meet the respective city or county NPDES problems based on their land use activities; thus each program is different. Also, most of the NPDES activities will be performed by the cities and county on an individual basis. 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. i 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. j 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 square feet to 20,000 square feet 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 1995-96: 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 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 MFK:LMB:Iv:fp g:F LDGTLInpdes_eng-rpt.95 May 1,1995 3 1 shown in Section 1(a) without completing the public notice/hearing process required by SB 1977 (Bergenson). .... ...... .. .... - . ..................... ............-.1.1........ ................. .......... .................------ ............................... ...... ............... ........ ...................... .............. .................. ............ ................ .... . ...... .....-.... .... ............................................................. AGh ..........................................G........ ...............................................". .... .... ............N......C..........................-........................-............. ................. ........r....R.. ...... .... . . . A. . . . . ADMIN -.................... ...... ............................-..-..................................................... ................... ... .................... ..................... .-........ .-............-................................'......T ................ .......-.....-..............-....................... ..................................I.................................................... ............ UTILITY DST FUNDING::. COLLECTION 'LECTOR . AREA . COST: ................. .... .....CaSI .... ............ ...&....& ......... 1 Antioch $104,000 $419,676 $21,385 18,149 $563,210 2 Clayton 12,000 63,668 2,872 f2,699 81,240 3 Concord 186,000 1,177,922 36,277 28,761 1,428,960 4 Danville 52,000 278,511 13,094 11,'057 354,662 5 El Cerrito 38,000 95,013 8,690 7,074 148,778 6 Hercules 28,000 123,794 6,337 5,357 163,488 7 Lafayette 39,000 146,724 8,400 6,868 200,992 8 Martinez 53,000 443,308 11,242 9,218 516,768 9 Moraga 27,000 122,489 5,630 4,660 159,780 10 Orinda 28,000 198,279 6,823 5,614 238,717 11 Pinole 29,000 251,191 6,263 5,201 291,655 12 Pittsbur-a 80,000 475,386 13,272 10,894 579,552 13 Pleasant 53,000 342,728 11,548 9,292 416,568 Hill 14 San Pablo 42,000 287,093 6,302 5,220 340,616 15 San 59,000 437,862 12,907 10,744 520,513 Ramon 16 Walnut 101,000 500,149 22,982 18,297 642,428 Creek F-17 -1--gau-n-ty- 1 253,000 1 1,202,158 1 53,222 1 43,823 1 1,552,203 ................ FTOTAL: 1 . 84*,000: 953 2bU�l i2565I (1) Agency funding for NPIDES includes storm drain system maintenance and contingency costs. 5. ESTIMATED STORMWATER UTILITY ASSESSMENT REVENUES IN FY 1995-96: Indicated below are the estimated revenues for Fiscal Year 1995-96 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 1994-95 assessment is on file with the Clerk of the Contra Costa County Board of Supervisors. MFK:LMB:lv:fp g:FLDCTL\npdes\eng-rpt.95 May 1,1995 4 STORMINATER. NUMBER OF PROPOSED ERU ESTIMATED: UTILITYAREA' AGENCY '' ERUS RATE FOR:: REVENUE FY 1'995 96 1 Antioch 33,130 $17.00 563,210 2 Clayton 3,457 23.50 81,240 3 Concord 54,960 26.00 1,428,960 4 Danville 16,121 22.00. 354,662 5 EI Cerrito 10,627 14.00 148,778 6 Hercules 6,812 24.00 163,488 7 Lafayette 12,562 16.00 200,992 8 Martinez 18,456 28.00 516,768 9 Mora a 7,989 20.00 159,780 10 Orinda 10,379 23.00 238,717 11 Pinole 8,333 35.00 291,655 12 Pittsburg24,148 24.00 579,552 13 Pleasant Hill 16,336 25.50 416,568 14 San Pablo 9,785 34.81 340,616 15 San Ramon 22,631 23.00 520,513 16 Walnut Creek 33,812 19.00 642,428 17 County 95,815 16.20 1,552,203 TOTAL: 385,353 8,200,129 MFKLMB:Iv:fp g:FLDCTUnpdeMeng-rpt.95 May 1,1995 5