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HomeMy WebLinkAboutMINUTES - 06171997 - SD5 THE BOARD OFIJPERVISORS OF CONTRA COS&OUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Adopted this Resolution on June 17,1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/ 324 SUBJECT: ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1997-98, FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE. Project No. 4500-6X7081-CDD CP# 95-37. 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 and resolutions for Stormwater Utility Assessments; and This Board on June 22, 1993, established Stormwater Utility Area 1-(Antioch), 2-(Clayton), 3-(Concord), 4-(Danville), 5-(EI Cerrito), 6-(Hercules), 7-(Lafayette), 8-(Martinez), 9- (Moraga), 10-(Orinda), 11-(Pinole), 12-(Pittsburg), 13-(Pleasant Hill), 14-(San Pablo), 15- (San Ramon), 16-(Walnut Creek), 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 13, 1997, this Board set a public hearing to consider adoption of Stormwater Utility , Assessments for Fiscal Year 1997-98, for Stormwater Utility Areas No. 1 through No. 17; and On June 17, 1997, pursuant to the Board's Resolution of May 13, 1997, 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 1997-98 were considered; and It appears from the affidavits of publication on file with this Board that all notices required to be given for such a hearing have been duly and regularly given and all procedures to be followed have been followed, all in accordance with Sections 11 and 12.8 of Act and in accordance with the provisions of the Board's Resolution of May 13, 1997; and This Board has received copies of resolutions approved by a majority of the members of the city councils, town councils, and Board of Supervisors representing the geographic areas of Stormwater Areas No. 1 through No. 17, and said resolutions request that this Board adopt the annual assessment rate denoted herein for their jurisdiction for Fiscal Year 1997-98. This Board FOUND that the activity, adoption of Stormwater Utility Assessments and adjustments based on equivalent runoff units are not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061(b)(3) of the CEQA guidelines on June 13, 1995. A Notice of Exemption was filed on June 14, 1995. 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 RESOLUTION NO. 47/324 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, lot�� Community Development Represe —en c:stormwtr.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, 1 1, 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 1 declare that on I received and posted this notice as required by California Public Resources Code Section 21 152(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 Community Contra Harvey E. Bragdon Director of Community Development Development Costa Department County Administration Building County 651 Pine Street 4th Floor, North Wing Martinez, California 94553-0095 Phone: 646-4202 June 1, 1995 V. ('UU r 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]). (✓) 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� 13 shl\t i i yO:- 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 13, 1997 SUBJECT: ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1997-98 COUNTYWIDE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ACCEPT the Chief Engineer's report for the adoption of Stormwater Utility Assessments for Fiscal Year 1997-98 for Stormwater Utility Areas Numbers 1 through 17; 2. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments for Fiscal Year 1997-98 from the following municipalities and corresponding Stormwater Utility Areas: Antioch Hercules Pinole Walnut Creek Clayton Lafayette Pittsburg Unincorporated Contra Costa County Concord Martinez Pleasant Hill Danville Moraga San Pablo EI Cerrito Orinda San Ramon 3. ADOPT the attached Resolution setting June 17, 1997, at 1:45 p.m. in the Board chambers as the time and place for the Public Hearing on the adoption of Stormwater Utility Assessments for Fiscal Year 1997-98 for said areas. II. Financiallmpact: The proposed assessments for Stormwater Utility Areas 1 through 17 will provide approximately $8,400,000 in funding for the cities and unincorporated County for the National Pollutant Discharge Elimination System (NPDES) program and drainage maintenance activities. Continued on Attachment: X SIGNATURE: 0kGfet,�,�✓ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 13� 19 9 7 APPROVED AS RECOMMENDED OTHER I Mnb/oiAh so eft Y t tW oed owmd d so Now SW and ��� mInuw d 11r Doom of sw Krr>Est17 -! n ori VOCE OF SUPERVISORS Caoft L UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: MFK/LMB:cl g:\fldctl\Linda\BO\adoptres.t5 Orig.Div: Public Works(FCE) Contact: Linda Bulkeley,313-2238 cc: Milton Kubicek,Public Works County Administrator County Assessor County Auditor/Controller County Counsel GMEDA Treasurer-Tax Collector ♦ r ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1997-98 COUNTYWIDE MAY 13, 1997 PAGE TWO III. Reasons for Recommendations and Background: The Contra Costa Clean Water Program consists of Contra Costa County, its incorporated cities and the Contra Costa County Flood Control and Water Conservation District working collectively under a Joint Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) Permit. 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 Water 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 is submitted annually to the Regional Boards on September 1. The fourth Annual Report will be submitted on September 1, 1997. 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 through 1996-97. IV. Consequences of Negative Action: If the proposed assessments for the 1997-98 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 13, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/ 250 (West Water Code App. Ch. 63 Sec. 12.2 and 12.3) SUBJECT: NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1997-98 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE. PROJECT NO. 4500-6X7081 The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control & Water Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adopt ordinance for Stormwater Utility Assessments; and The Board, on June 22, 1993, established Stormwater Utility area 1 (Antioch), 2 (Clayton), 3 (Concord), 4 (Danville), 5 (EI Cerritor), 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 will be on on file within 30 days of the public hearing to adopt FY 1997-98 Stormwater Utility Assessments, and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that Stormwater Utility Assessments for Fiscal Year 1997-98 be adopted for Stormwater Utility Areas 1 through 17; and At 1:45 p.m. on June 17, 1997, 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 1997-98 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 1997-98 Stormwater Utility Assessments. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The Clerk of the Board is DIRECTED to publish a Notice of Hearing, pursuant to Government Code 6066, once a week for two (2) successive weeks prior to the hearing in the West County Times, Contra Costa Times, and Antioch Daily Ledger, newspapers of general circulation, circulated in areas proposed to adopt Fiscal Year 1997-98 Storm Water 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 13, 1997 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 mailing addresses and individual recipients are listed in the attached Exhibit A. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the clerk of the Board or with the District. MFKLMB: g:\ndctl V_inda0Olsethrg.fee Ong. Dept.:Public Works(AD) Contact: Linda Bulkeley(510)313-2238 ea+r�dpp�,of cc: Milton Kubicek,Public Works an aetlon taken aid �ntsrsd on ft mrwM o� tM County Administrator Bowd of Supov`sm ondab County Assessor AIrrEsrt:c: May 1 lyy/ County Auditor/Controller a SupeHIL r b=WW �„is`;rdWr County Counsel County Treasurer-Tax Collector GMEDA Shirleyasillas Public Works-NPDES y LEGAL PUBLICATION DATEW: May 27, 1997 June 2, 1997 RESOLUTION NO. 97/_250 t 1. ENGINEER'S REPORT FOR THE ADOPTION OF FISCAL YEAR 1997-98 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 Martinet, CA 94553 May 1997 1. RECOMMENDATION: It is recommended that: a. The Stormwater Utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 1997- 98 be adopted for the Contra Costa County Flood Control and Water Conservation District Stormwater Utility Areas (SUA) for the following incorporated and unincorporated areas: PROPOSED VS. EXISTING ERU RATES STORMWATER iMAXiMUM EXISTING PRt3POSD UTILITY AREA ERU ERU ERU:. AREA NO. RATE RATE FOR 1=Y .:RATE FOR 1996-97 FY 1997-98 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 EI Cerrito $38.00 $14.00 $16.50 6 Hercules $35.00 $24.00 $24.00 7 Lafayette $35.00 $16.00 $16.00 8 Martinez $30.00 $30.00 $30.00 9 Mora a $35.00 $20.00 $20.00 10 Orinda $35.00 $23.00 $23.00 11 Pinole $35.00 $35.00 $35.00 12 Pittsburg $30.00 $24.00 $24.00 13 Pleasant Hill $30.00 $25.50 $25.50 14 San Pablo $45.00 $34.80 $35.84 15 San Ramon $35.00 $23.00 $23.00 16 Walnut Creek $35.00 $17.00 $17.00 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 MFK/LMB:N:fp g:FLDCTL\Linda\.SWU F\Reports\Engrpt97. April 30, 1997 2 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 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 Cities County♦ District Stormwater Pollution Control 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 Cities ♦ County ♦ District NPDES 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 U nLrrY: A stormwater utility is similar to other utilities. It has a purpose, a geographic boundary, and a method for spreading the utility costs to benefitting 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. Stormwater utilities generally distribute program costs to the benefitting landowners on the basis of stormwater runoff quantity or the amount of impervious surface associated with various land uses. The Stormwater Utility Areas utilize the latter method. Staff prepared the report entitled, "Report on Stormwater Utility Assessment (March 1993)," which is incorporated into this Engineer's Report by reference. The report explains in detail the rationale for using impervious surface area as the basis for allocating costs, the development of the utility rate standard of one Equivalent Runoff Unit (ERU) and the relationship between land use, parcel size, and the number of ERUs assigned to individual parcels in each Stormwater Utility Area. A typical single family residence (5,000 sf to 20,000 sf lot) is used as the standard for one ERU. The cost to the typical single family landowner will be the ERU rate shown in Section 1(a) above. 4. PROPOSED STORMWATER UTILITY BUDGETS FOR FY 1997-98: 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. The actual cost of administration and collection for FY 1995-96 was $1.23 per parcel. 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:N:fp g:F LDCTL\Linda\S W UF\Reports\Engrpt97. April 30,1997 3 1 required ERU rate by dividing the estimated total cost by the estimated ERUs in the Stormwater Utility Area. The agency governing board approves the rate and requests the District approve and implement the desired assessment. The ERU rate in future years can not exceed the maximum rate shown in Section 1(a) without completing the public notice/hearing process required by SB 1977 (Bergenson) and Proposition 218 (California Constitution, Article XIII D, Section 4). PROJECTED EXPENDITURES STORM GROUP AGENCY DISTRICT YVATER AGENCY NPDES NPDES ADMINJ TAX TOTAL UTILrrYCOST FUNDING COLLECTION COLLECTOR. AREA FUNDING 1 COST COST 1 Antioch $105,327 $481,167 $8,884 $19,325 $614,703 2 Clayton 12,557 74,083 1,264 3,088 90,992 3 Concord 188,818 1,199,030 13,454 28,932 1,430,234 4 Danville 53,213 309,644 5,394 11,777 380,028 5 El Cerrito 38,751 119,093 3,209 7,099 168,152 6 Hercules 28,382 136,753 3,037 5,468 173,640 7 Lafayette 40,115 152,656 3,167 6,894 202,832 8 Martinez 54,030 595,747 4,712 9,921 664,410 9 Mora a 27,019 128,155 2,072 4,694 161,940 10 Orinda 28,111 203,092 2,517 5,641 239,361 11 Pinole 29,747 264,346 2,401 5,241 301,735 12 Pittsburg80,769 469,352 5,044 11,019 566,184 13 Pleasant 53,484 340,013 4,166 9,164 406,827 Hill 14 San Pablo 42,844 281,559 2,368 5,215 331,986 15 San 59,761 469,272 5,069 11,320 545,422 Ramon 16 Walnut 102,871 454,079 8,626 18,459 584,035 Creek 17 County 257,030 1,258,452 20,403 44,263 1,580,148 TOTAL: 1,202,829 :6.936,491,1195,787 207,520 8,442;629 (1) Agency funding for NPDES includes storm drain system maintenance and contingency costs. 5. ESTIMATED STORMWATER UTILITY ASSESSMENT REVENUES IN FY 1997-98: Indicated below are the estimated revenues for Fiscal Year 1997-98 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 MFK/LMB:lv:fp g:FLDCTULinda\SW UF\Reports\Engrpt97. April 30,1997 4 area. A listing of each assessor parcel number and proposed 1997-98 assessment is on file with the Clerk of the Contra Costa County Board of Supervisors. PROJECTED ERU RATES and REVENUES STORMWATER NUMBER OF PROPOSED ERU ESTIMATED UTILITY:AREA AGENCY ERUS RATE FOR REVENUE FY 1997-98 1 Antioch 36,159 $17.00 614,703 2 Clayton 3,872 23.50 90,992 3 Concord 55,009 26.00 1,430,234 4 Danville 17,274 22.00 380,028 5 EI Cerrito 10,191 16.50 168,152 6 Hercules 7,235 24.00 173,640 7 Lafayette 12,677 16.00 202,832 8 Martinez 22,147 30.00 664,410 9 Mora a 8,097 20.00 161,940 10 Orinda 10,407 23.00 239,361 11 Pinole 8,621 35.00 301,735 12 Pittsburg23,591 24.00 566,184 13 Pleasant Hill 15,954 25.50 406,827 14 San Pablo 9,263 35.84 331,986 15 San Ramon 23,714 23.00 545,422 16 Walnut Creek 34,355 17.00 584,035 17 County 97,540 16.20 1,580,148 TOTAL: -F-396,106 8,442,629 MFK/LMB:N:fp g:F LDCTL\Linda\S W U F\Reports\Engrpt97. April 30,1997 5 , BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA A F F I D A V I T OF M A I L I N G In the Matter of ) ) Stormwater Utility Assessments ) Areas No. 1 thru No. 17 Countywide ) Item C. 14 from the May 13, 1997 Agenda ) 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 May 20, 1997, I deposited in the United States Postal Service in Martinez, California, postage fully prepaid, copies of Resolution 97/250 to the following: ( SEE ATTACHED LIST I declare under penalty of perjury that the foregoing is true and correct. Dated: May 20, 1997 , at Martinez, California. i JJF puty Clerk Shirley Casillas EXHIBIT A Jack Hall Kelly Sessions Alex Pascual City of Antioch ✓ City of Clayton City of Concord P.O. Box 130 P.O. Box 280 1957 Parkside Drive Antioch, CA 94509 Clayton, CA 94517 Concord, CA 94519 Pat MacDonald V/ Christine McCann Mori Struve City of Concord Town of Danville ✓ City of El Cerrito 1957 Parkside Drive 510 La Gonda Way 10890 San Pablo Ave Concord,CA 94519 Danville, CA 94526-1722 El Cerrito,CA 94530 Sharad Pandya Tony Coe Jim Zumwalt City of Hercules City of Lafayette ✓ City of Martinez ✓ 111 Civic Drive 251 Lafayette Circle, Suite 350 525 Henrietta Street Hercules,CA 94547 Lafayette,CA 94549-1968 Martinez, CA 94553-2394 Peter Bekey John Lisinko Keith Freeman c/o KCA Engineers,Inc. City of Orinda City of Pinole Town of Moraga ✓ 26 Orinda Way 2121 Pear Street 318 Brannan Street Orinda, CA 94563 Pinole, CA 94564 San Francisco, CA 94107 Carl Cahill Todd Teachout Mike Chadwick City of Pittsburg f City of Pleasant Hill ✓ City of San Pablo P.O. Box 1518 100 Gregory Lane One Alvarado Square Pittsburg,CA 94565 Pleasant Hill,CA 94523 San Pablo,CA 94806 Janice Carey Catherine Walters Melissa Morton City of San Ramon City of Walnut Creek Contra Costa County 2222 Camino Ramon 1666 North Main Street ✓ 255 Glacier Drive P.O. Box 5148 P.O. Box 8039 Martinez,CA 94553 San Ramon,CA 94583 Walnut Creek,CA 94596 g:\fldctl\linda\swuf\stormrep.lab January 14, 1997 r O f7D (D y z� 0-- c� Ti O -I - 2tA --�+. C I Om N� C=c t ;n n� EI H. 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G O W> D ~ O m_+ m '{ m Mo W v 0 N 00 o W 00 + �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 13, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/ 250 (West Water Code App. Ch. 63 Sec. 12.2 and 12.3) SUBJECT: NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1997-98 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE. PROJECT NO. 4500-6X7081 The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control & Water Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adopt ordinance for Stormwater Utility Assessments; and The Board, on June 22, 1993, established Stormwater Utility area 1 (Antioch), 2 (Clayton), 3 (Concord), 4 (Danville), 5 (EI Cerritor), 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 bome by property in the individual Stormwater Utility Areas. This report will be on on file within 30 days of the public hearing to adopt FY 1997-98 Stormwater Utility Assessments, and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that Stormwater Utility Assessments for Fiscal Year 1997-98 be adopted for Stormwater Utility Areas 1 through 17; and At 1:45 p.m. on June 17, 1997, 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 1997-98 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 1997-98 Stormwater Utility Assessments. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The Clerk of the Board is DIRECTED to publish a Notice of Hearing, pursuant to Government Code 6066, once a week for two (2) successive weeks prior to the hearing in the West County Times, Contra Costa Times, and Antioch Daily Ledger, newspapers of general circulation, circulated in areas proposed to adopt Fiscal Year 1997-98 Storm Water 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. 0 NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF A STORMWATER UTILITY ASSESSMENT, FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE MAY 13, 1997 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 mailing addresses and individual recipients are listed in the attached Exhibit A. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the clerk of the Board or with the District. MFKLMB: g:VWl\Linda\BO\sethrg.fee Orig.Dept.:Public Works(AD) Contact: Linda Bulkeley(510)3132238 t Mnpq oartth UM thb M a VW ses senaat eeq a ee: Milton Kubioek,Public Works an aenon tak n and onared on the awrw of tln County Administrator Dowd°t supe" ors an O ' County AudCounty Assessor aCrontroller MUTED-wpW Wp �,IrraW County Counsel v County Treasurer-Tax Collectoru�L�{� ,r,���____y GMEDA Public Works-NPDES Shirley CasillaS 1� LEGAL PUBLICATION DATEW: May 27, 1997 June 2, 1997 RESOLUTION NO. 97/ 250 On V, M, O r. omCO tp�, \c, (D;-, M C �-P To Z w"A 0', -zc tn�1 000 0 65. li\":� ,% �.r SO (:)to jp�M 0 am PC 0\0 T t�r CD -Z -�t(P %` P, CD -0 mm v'0 p V m,0 T- 74 CD -A-Z Z'1,_n 0 % CO P, k-n r.�b 0 C) "fl-33 00 T3� C *P V7 !% 0 S CD 0 (ID (:71 t�r U) . ; tp tO t 1�- `�0 ZO 'm G)-4 0 mo C)c 0 0 MO (pm 0 C OOZ V awp M(P tn C) (j);.A Q- . r p C 4 ?A CDLn %r 0 1p Oe 1p 0 0 Cr Oz PA m � \$ � � to \ \ p � In DC 1 000 Ton a 7 tp or C) c0-0,, n 0 -�N i 1 ` , , m m vnO -, ,,-r % 0 0 0 %Z O-P m ;A s 'PIS �A � � � O O N D 0 lop 0 00 19 Otnol 0 Z O ` `4 G 9z , m -A cn ap- Lp cn Ul 0 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 13, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/ 250 (West Water Code App. Ch. 63 Sec. 12.2 and 12.3) SUBJECT: NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1997-98 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE. PROJECT NO. 4500-6X7081 The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control & Water Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adopt ordinance for Stormwater Utility Assessments; and The Board, on June 22, 1993, established Stomrivater Utility area 1 (Antioch), 2 (Clayton), 3 (Concord), 4 (Danville), 5 (EI Cerritor), 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 will be on on file within 30 days of the public hearing to adopt FY 1997-98 Stormwater Utility Assessments, and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that Stormwater Utility Assessments for Fiscal Year 1997-98 be adopted for Stormwater Utility Areas 1 through 17; and At 1:45 p.m. on June 17, 1997, 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 1997-98 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 1997-98 Stormwater Utility Assessments. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The Clerk of the Board is DIRECTED to publish a Notice of Hearing, pursuant to Government Code 6066, once a week for two (2) successive weeks prior to the hearing in the West County Times, Contra Costa Times, and Antioch Daily Ledger, newspapers of general circulation, circulated in areas proposed to adopt Fiscal Year 1997-98 Storm Water 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 13, 1997 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 mailing addresses and individual recipients are listed in the attached Exhibit A. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the clerk of the Board or with the District. MFKLMB: g:Vldctl\Linda\BOlsethrg.fee Orig.Dept.:Public Works(AD) Contact: Linda Bulkeley(510)313-2238 t hrebf� aN'tAa1 Qdt 4 a ow W4 on"eery a cc: Milton Kubicek,Public Works an aarion bbn and wored on ew w&%m of do County Administrator emd of ew+Y wV County AudCounty i tor/Controller Crorrtrolfer ` Of 9-7d County Counsel aw�peryAdsrntruaa County Treasurer-Tax Collector GMEDA Shirleyasillas Public Works-NPDES y LEGAL PUBLICATION DATE(s): May 27, 1997 June 2, 1997 RESOLUTION NO. 97/ 250 9m ci i--' -.'Do zc00 , V-1. 0 SS ;00% C-Tro 0 CD -AzVf 0 a o rn_ to .v CC, C tp ---r 0 CD Vi I . n A Cl> p (P Z 44 0 W �'n C1 \ ` •=j p N'0 n W O m` Jt.' t rr `!� G r� tpr, 0 I o tv% CD viz! 0 o k\ O(P m U) w 7-4 k' I ZO 0 J3 tr CD 0 er 0 go G ' ` t'� \ \ \ 000 \ i ,-� •� 9r c , to 0 m (p 0 tT% \ 1� \ 1 \ tP C)�--r 0 To r- -A 4 O(p MO ;-.A :;AC 9A S-A m ` � to(P Om -ml 7 A ol 0 S \ , S(p \uS PA N N 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 13, 1997 by the following vote: AYES: Supervisors. Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/ 250 (West Water Code App. Ch. 63 Sec. 12.2 and 12.3) SUBJECT: NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 1997-98 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE. PROJECT NO. 4500-6X7081 The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control & Water Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adopt ordinance for Stormwater Utility Assessments; and The Board, on June 22, 1993, established Stormwater Utility area 1 (Antioch), 2 (Clayton), 3 (Concord), 4 (Danville), 5 (EI Cerritor), 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 will be on on file within 30 days of the public hearing to adopt FY 1997-98 Stormwater Utility Assessments, and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that Stormwater Utility Assessments for Fiscal Year 1997-98 be adopted for Stormwater Utility Areas 1 through 17; and At 1:45 p.m. on June 17, 1997, 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 1997-98 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 1997-98 Stormwater Utility Assessments. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The Clerk of the Board is DIRECTED to publish a Notice of Hearing, pursuant to Government Code 6066, once a week for two (2) successive weeks prior to the hearing in the West County Times, Contra Costa Times, and Antioch Daily Ledger, newspapers of general circulation, circulated in areas proposed to adopt Fiscal Year 1997-98 Storm Water 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 13, 1997 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 mailing addresses and individual recipients are listed in the attached Exhibit A. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the clerk of the Board or with the District. MFKLMB: g:VkictllLinda1B01sethrg.fee Orig.Dept.:Public Works(AD) Contact: Linda Bulkeley(510)313-7138 orr�dw y a fiat Wd ftnd ft"of cc: Milton Kubicek,Public Works an actlon aksn and enarsd on !n ederM of ft County Administrator mrd of s"pw =on County Assessor ATTESTED, « May IL BATCHELOR CWkCounty Auditor/Controller County Counsel BupwYar �.aegrAmrnirr County Treasurer-Tax Collector _ GMEDA Public Works-NPDEs Shirley Casillas LEGAL PUBLICATION DATEW: May 27, 1997 June 2, 1997 RESOLUTION NO. 97/ 250 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: April 22, 1997 SUBJECT: ADOPT RESOLUTION REQUESTING FLOOD CONTROL DISTRICT TO ADOPT ANNUAL PARCEL ASSESSMENT FOR CLEAN WATER PROGRAM SPECIFIC REQUEST(S)OR RECOMMENDATION(S)d BACKGROUND AND JUSTIFICATION I. Recommended Action: ADOPT attached resolution establishing equivalent runoff unit(ERU) rate of$16.20 for unincorporated County areas and requesting the Contra Costa County Flood Control and Water Conservation District to adopt an annual parcel assessment for drainage maintenance and the National Pollutant Discharge Elimination System Program (NPDES). II. Financial Impact: No impact to the General Fund. The 1997-1998 rate per ERU is the same as that set for fiscal year 1996- 1997. Therefore, there will be no change in rate for unincorporated County property owners. The unincorporated area of Contra Costa County will produce approximately $1,580,000 which will be used to implement the unincorporated County's Clean Water Program. Ill. Reasons for Recommendations and Background: The Clean Water Program consists of the County, Contra Costa cities and the Flood Control District wonting together to reduce or prohibit the discharge of pollutants into the storm drain system, including creeks and other natural waterways. The Clean Water Program was established in response to changes in the Federal Clean Water Act. The Program, known at the federal level as the National Pollution Discharge Elimination System Program (NPDES)for Municipal Stonnwater Owners, is in its fourth year. In order to meet the Act's requirements, Clean Water Program participants developed a Stormwater Management Plan stipulating a set of activities that must be performed over a five year period. The activities are outlined in a permit with the California Regional Water Quality Control Boards and are paid for with a parcel assessment called the stormwater utility fee. Adoption of the attached resolution will begin the annual process of assessment adoption. Continued on Attachment: x SIGNATURE: &4 4-a RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON )10�97 APPROVED AS RECOMMENDED OTHER 1 Mft am*art sw b•vw na t +sat d �a s� mapn ls ra dam sft mrka�.°�1 bs "122M.SATCOELC��rki- ofr VO OF SUPERVISORS UNANIMOUS(ABSENT ) 4 AYES: NOES: ABSENT: ABSTAIN: LMB/cl G:\fidctNinda\bo\23 Orig. Div: Public Works(FCE) Contact: Linda Bulkeley, 313-2238 cc: County Administrator Public Works, Flood Control • ANNUAL'PARCEL ASSESSMENT FOR CLEAN WATER PROGRAM Page Two April 21, 1996 Each year by May 1, every city and the County determine the rate to be charged within their jurisdiction. The Board of Supervisors is being asked to set a rate of$16.20 for one equivalent runoff unit in the unincorpo- rated County areas and to request the Flood Control District (District) to adopt the stormwater utility fee. The District is the only entity under state law with legal authority to assess this particular assessment. The Public Works Department coordinates the Clean Water Program for the County. Examples of how the assessment is being spent in the current year include: General drainage maintenance to remove debris and sediment from flood control channels and creeks. Targeted street sweeping throughout the County. Work with County Building Inspectors and construction companies/contractors to reduce construction contaminants, such as paint, cement, oilifuels, and soil erosion from entering storm drains and creeks. Encourage Planners and the development community to use new designs that will reduce contaminated stormwater runoff. Educate the public on the benefits of reducing pesticidelherbicide use and their proper disposal. Inspection of industrial and commercial businesses for evidence that spill prevention, equipment maintenance and cleaning, waste handling and disposal, and other business practices are done in a manner that minimizes stormwater contamination. N. Consequences of Negative Action: If the rate per ERU is not set for the coming fiscal year, funds will not be available for implementation of the Clean Water Program. The Regional Water Quality Control Boards have the authority to issue fines of up to$10,000 per day against those municipalities that do not comply with the Permit and fail to implement their Stormwater Management Plans. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 22, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/188 SUBJECT: ESTABLISH THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 1997-98 AND REQUEST THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL AS SES SMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM The Board of Supervisors of Contra Costa County RESOLVES THAT; WHEREAS,under Federal Water Pollution Control Act, prescribed discharges 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 COUNTY of CONTRA COSTA did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the COUNTY to utilize funds received from its Stormwater Utility Area(SUA)for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the COUNTY, the Contra Costa County Flood Control and Water Conservation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance NO. 9347; and WHEREAS, The SUA and Program Group Costs Payment agreement between COUNTY and DISTRICT requires that COUNTY annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU)for the forthcoming fiscal year in the unincorporated County. NOW,THEREFORE BE IT RESOLVED,that the COUNTY Board of Supervisors of the COUNTY of CONTRA COSTA does determine that the rate to be assigned to a single ERU for FY 1997-98 shall be set at $16.20. BE IT FURTHER RESOLVED, that the COUNTY Board of Supervisors does hereby request the DISTRICT to adopt SUA levies based on said amount. !lirrb�►a*eas%k a a"s aw eonns 0 e1 M aelbn aken and ..7Msd on dw enhuly y"p Orig. Dept.: Public Works(FC) owd dan""dele'PIsh m 1997 Contact: Linda Bulkeley (S 10)313-2238 eA Oerx of the Weld cc: M. Kubicek, Public Works 01°`wise" ty X01 M. Hollingsworth,Public Works 4 IA104DOW M. Morton,Public Works LMB:cl g:\fldctl\Linda\bo\Adopu= RESOLUTION NO. 97/188 • • RESOLUTION NO. 97-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 1997-98 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under Federal Water Pollution Control Act,prescribed discharges of 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 Walnut Creek did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering storm waters; and WHEREAS, it is the intent of the City of Walnut Creek 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 Walnut Creek, 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 Storm water Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between the City of Walnut Creek and DISTRICT requires that the City of Walnut Creek annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Walnut Creek does determine that the rate to be assigned to a single ERU for FY 1997-98 shall be set at $17.00. BE IT FURTHER RESOLVED, that the City of Walnut Creek Council does hereby request the DISTRICT to adopt SUA levies based on said amount. PASSED AND ADOPTED by the City Council of the City of Walnut Creek at a regular meeting thereof held on the 15th day of April 1997, by the following called vote: AYES: Councilmembers: Abrams, Regalia, Rainey, Wolfe, Mayor Hicks NOES: Councilmembers: None ABSENT: Councilmembers: None /s/ Kathy Hicks Mayor of the City of Walnut Creek Attest: /s/Barbara M. Rivara, CMC City Clerk of the City of Walnut Creek I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Walnut Creek, County of Contra Costa, State of California, at a regular meeting of said Council held on the 15th day of April 1997. 00%v ""►►n►,,� a` OE W A L a :Z-44'7 Ciiy Clerk of the Oty of'Walnut �e 1 *'' 1x14 r*tr RESOLUTION NO. 97-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 1997/98 FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STOkMWATER 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 polutants 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 assesed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW,THEREFORE,BE IT RESOLVED,THAT THE City Council of the City of San Ramon does determine that the rate to be assigned to a single ERU for FY 1997/98 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. PASSES,APPROVED, AND ADOPTED at the meeting of April 22, 1997 , by the following votes: AYES: Councilmembers Athan, Kinney, Raab, Welm and Mayor Boom NOES: None ABSENT: None ABSTAIN: None 00 kau,C.ta�- Patricia Boom, Mayor ATTEST: it hZie(=y :_ally tl;.,t ruii' hu. .a,.J u--u:att :�'P_y of Y l � ., _h'_::t�t�.•„ .,.i.ptd Fy the dy M arlane, City Jerk oilZ � G G1/ Clsi.e� City cL., RESOLUTION NO. 97-50 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 1997/98 FISCAL YEAR STORMWATER UTILITY ASSESSMENT 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, (AB 2768) authorizes the Contra Costa County Flood Control District to establish, by resolution, stormwater utility areas within the District, as prescribed, and to impose, except as specified within AB 2768, an annual assessment within a stormwater utility area in conjunction with the NPDES program on behalf of the City of San Pablo; 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 WHEREAS, prior to imposing any assessments within any public entity, the Contra Costa County Board of Supervisors must have authorization from the public entity as described in AB 2768; 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 1997/98 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$35.84 for each Equivalent Runoff Unit (ERU) for Fiscal Year 1997/98. ********** Adopted this 21 st day of April 1997, by the following vote to wit: AYES: COUNCILMEMBERS Vigil, Brown, Palmer, Gomes NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS Wysinger ATTEST: APPROVED: /s✓Rhonda Ray /s/Joseph M. Gomes Rhonda Ray, Deputy City Clerk Joseph M. Gomes, Mayor I HEREBY CERTIFY THA i 1S A FULL,TRUE AND CORRECT COPY / �11177-- CITY RK Sdc(JAWPFn ES\DAILY\36.RES)Apri122,1997(11:46am) RESOLUTION NO. 28-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING PARTICIPATION IN STORMWATER POLLUTION MANAGEMENT UTILITY AND AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 1997/98 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 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 1997/98 shall be set at $25.50. BE IT FURTHER RESOLVED that the City Council authorizes the Contra Costa Flood Control and Water Conservation District to adopt Stormwater Utility fees on behalf of the City of Pleasant Hill. 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. ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of said Council held on the 7th day of April , 1997 by the following vote: • i AYES: Cooper, Escover, Mace, Brandt NOES: None ABSENT: Wi 11 i amson HIMhERLY W BRANDT, Mayor ATTEST: DORIS P. NILSEN, City Clerk APPROVED AS TO FORM: Q,L""—m Lz�:4 DEBRA S. MAR IS, City Attorney FEZ A DOWN= ary OF FUA"iT HILI p4pwmks4oddV pdasMpdas497.doc i • BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In The Matter of. Resolution of the City of Pittsburg ) Establishing the Rate Per Equivalent ) Runoff Unit for FY 1997-98 and ) Requesting the Contra Costa County ) Flood Control and Water Conservation ) Resolution No. 97- 8443 Districts to Adopt an Annual Parcel ) Assessment for Drainage Maintenance and ) Approving Participation in Storm water ) Group Activities and Costs ) 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 Pittsburg "City" did apply for and receive a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering storm water; and WHEREAS, eighteen jurisdictions in Contra Costa 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 area wide municipal NPDES permit will minimize the cost of the program to all parties; 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 Storm water Utility Assessment Drainage Ordinance No. 93-48; and WHEREAS, the success of the permit process is dependent upon the cooperation of each participating entity; and WHEREAS, the Storm water 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 1997-98 shall be set at$24.00 and the City shall participate in the implementation of an Area wide Joint Municipal NP.DES permit agreeing to share in the storm water utility area and group costs, provide appropriate staff support and provide detailed information necessary to implement the permit. BE IT FURTHER RESOLVED, that the City Council does hereby request the District to adopt Storm water Utility Assessment levies based on said amount. PASSED, AND ADOPTED by the City Council of the city of Pittsburg on this 7th day of April 1997 by the following vote: AYES: Councilmember Anzini, Erbez , Glover, Quesada and Mayor Lewis NOES: None ABSTAINED: None ABSENT: None Robert T. Lewis, Mayor ATTEST: Linn Pride, City Cle Summary of Storm Water Utility Assessment Rates STORMWATER MAXDAUM ERU ERU UTILITY AREA ERU RATE FoR FY RATE FOR AREA No. RATE 1995-96 .1996-97 1 Antioch $25.00 $17.00 $17.00 2 Clayton $29.00 $23.00 $23.50 3 Concord $35.00 $26.00 $26.00 4 Danville $30.00 $22.00 $22.00 5 El Ceritto S-118.00 $14.00 $14.00 6 Hercules $3 5.00 $24.00 $24.00 7 Lafayette $3 5.00 $16.00 $16.00 8 Martinez $35.00 $28.00 $30.00 9 Morava S-115.00 $20.00 $20.00 10 Orinda $35.00 $23.00 $23.00 11 Pinole $35.00 $35.00 $35.00 12 Pittsburg $30.00 $24.00 $24.00 I3 Pleasant Hill $30.00 $25.50 $25.50 14 San Pablo $30.00 $34.80 $34.80 15 San Ramon $35.00 $23.00 $23.00 16 Walnut Creek $315.00 $19.00 17.00 17 Unincorporated $30.00 $16.20 $16.20 County BEFORE THE CITY COUNCIL OF THE CITY OF PINOLE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA Resolution of the City Council of the ) City of Pinole Establishing the Rate Per ) Equivalent Runoff Unit for Fiscal Year ) 1997-98 and Requesting the Contra Costa ) County Flood Control and Water ) RESOLUTION NO. 118-97 District to Adopt an Annual Parcel ) Assessment for Drainage Maintenance and ) the National Pollutant Discharge ) Elimination System Program ) WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES)program; and WHEREAS, the City of Pinole (CITY) did apply for, and did receive, an NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Stormwater Utility Area(SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra Costa County Flood Control and Water Conservation District(DISTRICT)has completed the process for formation of an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 9347; and WHEREAS,the SUA and Program Group Costs Payment agreement between 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, IS 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 1997-98 will be set at$35.00. 1 It0WACTWA630IUT4,iW?%V 1RU BE IT FURTHER RESOLVED that the city council does hereby request the DISTRICT to adopt SUA levies based on a said amount. PASSED AND ADOPTED this 1 st day of April 1997 by the following vote: AYES: COUNCILMEMBERS: Bradshaw, Horton, Murray, Boyle NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Alegria ABSTAIN: COUNCILMEMBERS: None CL=4Z4� �;. DAWN G. J LL DEPUTY CITY CLERK crmscrrgecsaun�+aawoes.cmi 2 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. a444� �;—.�,-Ay-�6� DAWN G. JARRtLL Deputy City Clerk of the City of Pinole Date:April 2, 1997 State of California County of Contra Costa City of Pittsburg I, Aleida Gerena-Rios, Deputy City Clerk in and for said City Council, City of Pittsburg, County of Contra Costa, State of California, do hereby certify that the hereto attached and foregoing document is a full, true and correct copy of Resolution 974443 on file in this office of said City. WITNESS, my hand, and Official Seal this 10th day of April, 1997. Aleida Gerena-Rios, Deputy City Clerl. for Lillian J. Pride, City Clerk BEFORE THE CITY COUNCEL OF THE CITY OF ORINDA In the Matter of: Establishing the Rate per Equivalent ) Runoff Unit for Fiscal Year 1997-98, ) and requesting the Contra Costa ) County Flood Control and Water ) Conservation District to Adopt an ) Resolution No. 13-97 Annual Parcel Assessment for ) Drainage Maintenance and the ) National Pollutant Discharge ) Elimination System Program ) WHEREAS,under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality control board,under the National Pollutant Discharge Elimination System(NPDES)program;and WHEREAS,the City of Orinda did apply for, and did receive,a NPDES permit which requires the implementation of selected Best Management Practices(BMPs)to minimize or eliminate pollutants from entering storm waters;and WHEREAS, it is the intent of the City of Orinda to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City of Orinda, the Contra Costa County Flood Control and Water Conservation District ("District") has completed the process as required in order to form an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment Agreement between the City of Orinda and the District requires that the City of Orinda annually,by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year. NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda hereby sets the rate for a single ERU for Fiscal Year 1997-1998 at$23.00 and requests the District to adopt SUA levies based on this amount. ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on April 15, 1997,by the following vote: AYES: COUNCn MEMBERS: Abrams, Hawkins,Tabor,Wheatland,L.ittlehale NOES: COUNCILMEMBERS: None ABSENT: COUNCMMEMBERS: None Sargent ' hale,Mayor Attest: Mary E orth,City Clerk �CSATtF�E` com rrzt� �1�� -�°-�r 4 !� i,AAPN'?- E_?_;' 'GRTH omic Cof the City G's Oprida, CA Resolution No. 13-97 Page 2 of 2 BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA A Resolution of the Town Council ) of the Town of Moraga Establishing ) the Rate per Equivalent Runoff ) Resolution No. 12-97 Unit for FY 1997-98 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, it is the intent of the Town to utilize funds received from it Stormwater Uility Area ( SUA) for implementation of the NPDES program and drainage matinenance activities; 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 1997-98 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 Michael Majchrzak, Vice Mayor Frank Sperling III , Councilmember Ron Enzweiler, Councilmember Dennis Cunnane and Councilmember John Connors NOES: None ABSTAIN: None ABSENT: None ;�Z Michael Majchrzak, M r ATTEST: '—'� A C� Ross G. Hubbard, Town Manager RESOLUTION NO. 044-97 ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR 1997-98 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 California Regional Water Quality Control Board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of Martinez (CITY) has obtained 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) formed a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47 ; and WHEREAS, the Stormwater Utility Area and Program Group Costs Payment agreement between the CITY and the DISTRICT requires that 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 established to a single ERU for Fiscal Year 1997-98 shall be set at $30. 00 . BE IT FURTHER RESOLVED that the City Council does hereby request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. I HEREBY CERTIFY that this instrument is a true and correct copy of the original on file in this office. RICHARD G. HERNA MEZ, CITY CLERIC CITY OF MARTINEZ Deputy I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution duly adopted by the City Council of the City of Martinez at an Adjourned Regular Meeting of said Council held on the 2nd day of April, 1997, by the following vote: AYES: Councilmembers Farley, Schroder, Ross, Vice Mayor Woodburn and Mayor Menesini NOES: None ABSENT: None RICHARD G. HERNANDEZ , CITY CLERK By: �t4- GG6-�J m1bray G. Cabral Deputy ity Clerk Pro Tem City of Martinez � s BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYET rE IN THE MATTER OF: Authorizing the Contra Costa ) County Flood Control and Water ) Conservation District to Form a ) RESOLUTION NO. 19-97 Storm Water Utility Area and to ) Establish an Annual Parcel ) Assessment for 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, 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 1997-98. 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 for one ERU for FY 1997-98 shall be set at sixteen dollars. BE IT FURTHER RESOLVED, that the City of Lafayette will reimburse the District for actual costs incurred in completing the above tasks with the understanding that the total cost will 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 24, 1997 by the following vote: AYES: Councilmembers Garvens , Grodin, Horn , Strauss & Mayor Tatzin NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: 1U;-'4 0� t qty Clerk C TIFIED SAT E COPY A � RK OF CITY 0- LAFA F,CAUFORNIA RESOLUTION NO. 97-18 Establishing the Rate per Equivalent Run Off Unit (ERU) for Fiscal Year 1997-98 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 16 incorporated cities within the County received a Joint Municipal NPDES permit requiring the implementation of selected Best Management Practices (BMPs) to minimize pollutants from 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 (SUA), including the adoption of the Storm Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS the City Engineer has determined an Equivalent Run-Off Unit (ERU) rate of$24.00 will provide sufficient funds to complete the FY 1997-98 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 1997-98 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 22nd day of April 1997 by the following vote of the Council: AYES: Blackmon, Paras, Wagstaff, Watson, Segerberg NOES: None ABSENT: None Te S xt n Segerberg,May &d ATTEST: Ka Wood , City Oerk 5 RESOLUTION 97-29 RESOLUTION OF THE CITY COUNCIL_OF THE CITY OF EL CERRITO APPROVING PARTICIPATION IN THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM, ESTABLISHING AN INDIVIDUAL STORMWATER POLLUTION PREVENTION PROGRAM IN EL CERRITO, INCLUDING GROUP COSTS FOR ACTIVITIES PERFORMED THROUGH THE CONTRA COSTA CLEAN WATER PROGRAM, AND ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR 1997-98, AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM. Whereas, under Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit form the appropriate California Regional Water Quality Board under the National Pollutant Discharge Elimination System (NPDES) Program; and Whereas,the City of EI Cerrito did apply for, and did receive, 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 EI Cerrito to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and Whereas, at the request of the City of EI Cerrito,the Contra Costa County Flood Control and Water Conservation District (District) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance NO. 93-47; and Whereas,The SUA and Program Group Costs Payment Agreement between the City of El Cerrito and District requires that E! Cerrito annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW,THEREFORE, BE 1T RESOLVED,that the City Council of the City of EI Cerrito does determine that the rate to be assigned to a single ERU for Fiscal Year 1997-98 shall be set at$16.50. BE IT FURTHER RESOLVED, that the City Council of the City of EI Cerrito does hereby request the District to adopt SUA levies based on said amount. BE IT ALSO FURTHER RESOLVED,that this resolution shall become effective immediately upon its passage and adoption. I certify that at a regular meeting on April 21, 1997 the EI Cerrito City Council passed this Resolution by the following vote: AYES: COUNCILMEMBERS:Bar tke, Brusatori, Friedman, L-a Force, Jellison NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None IN WITNESS of this action, I sign this document and affix the corporate seal of the City of E! Cerrito on April 21, 1997. Linda M. Giddings,'City'Clerk APPROVED: /CERTIFIED A TRUE COPY � /J'/�(/�►+ � Norma Jellison, Mayor of the C:;'/ c," Cerrito, CA EXHIBIT A City of EI Cerrito NPDES Storm Water Pollution Control Program Fiscal Year 1997-98 Group Activities: • Clean Water Program Management Committee Administrative Costs • Technical Support Services • Permit and Compliance Fees • Water Quality Testing and Monitoring Programs • Special Studies • Public Education and Outreach • General Services and Supplies Sub-Total Cost, Group Activities $39,000 City of EI Cerrito Individual Activities: • Catch Basin Stenciling • Illicit Discharge Inspection Program • Underground Video Inspection • Recycling • Street Sweeping • Recycle Center Storm Water Run-off Testing • Phase out Herbicide Use • Cleaning Storm Drain Lines and Catch Basins • Public Education and Outreach • Maintenance of Storm Drain Lines and Open Channels Sub-Total Cost, Individual Activities $100,000 Total NPDES Program Costs $139,000 1 �C�c^I>c� ;�: �t� 'OI>,>;>'rm zl ,lp >+>'mirl>ICI CI GOt ?i Z zl i��D'NI0'ZI� X >l0 Oli(zji 1p Cal r' cl 1> > �"m>I0z'mCaPO i �f~I -� 3 mlZ c' >{�i �rt�Im ;u z 'c C >1 nolp-, 02 m m� mQz I m�' 1> 4 rrri ��ZT- 1z, —:* O� c5ir,Cl �1.1",iI I,If ) j OI m W N I N N fT C.i ri C' a1 m}al+ m UI WI-m OI NIV OJ vI aIW Iz! >I Zf 0)I I OI wW1101N iD tri Qfl a 0 0)IN IOIG7 m t7f ' r CLI OICIWIQICTII'OINrcIl9lCTtmlc mlmi0]IQ)f V OIrZ! r 9' of .NImrCTIW16f - -•vl�i1�1011wo1 0 olc, W I, CI c ml Iccof rn m f D I OI mI lri t I I i ! c I wii *lCI I I al INI .' 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I mi 1DIml i 1 NI Iai WINI rl N191CT11T1 WI NI WI WIV WINICDI+ • i'D1 4t :Nn+r Ncol vl 0l0l Wt Nr a.Qti�Nl�ltel+ I-' ml t t C: Cl)i O D . t cc� ( I mi ml ml Ii � li it I li ml JC lzi Imi I 1 • RESOLUTION NO. 46-97 AUTHORIZING CONTINUED PARTICIPATION IN THE TOWN'S STORMWATER POLLUTION CONTROL PROGRAM (SPCP) WHEREAS, the Federal Water Pollution Control Act requires dischargers of stormwater to obtain a permit from the appropriate California Regional Water Quality Control Board under the Stormwater Pollution Control Program (SPCP); and WHEREAS, Danville has joined 17 other Contra Costa County cities, 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 at $22 per Equivalent Residential Unite (ERU) through the Stormwater Utility Assessment (Town of Danville Resolution No. 24-93); and WHEREAS, said assessment rate must be set each year by Town Council, and WHEREAS, the Town Council appoints the City Engineer, or his/her designee. as its official representative to the Contra Costa Clean Water Program; and WHEREAS, the Town Council wishes to continue participation in the SPCP program and continue funding the program through assessment of individual properties; now. therefore, be it RESOLVED, by the Danville Town Council to support and continue to authorize the Stormwater Utility Assessment for all properties within Danville; and be it further RESOLVED,that the 1997-98 Stormwater Utility Assessment shall remain at 522 per ERU. APPROVED by the Danville Town Council at a Regular Meeting on April 1. 1997, by the following vote: AYES: Doyle, Waldo, Arnerich, Greenberg NOES: Shimanskv ABSTAINED: -None ABSENT: None MAYOR dt"ROVED AS TO FO ATTEST: CITY ATTORNEY CITY CLERK I, Marie Sunseri, City Clerk of the Town of Danville,hereby certify that this is a true and correct copy of Town of Danville Resolution No. 46-97. Mane Sunseri, City Clerk �T , • • RESOLUTION NO. 97/47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 1997-98 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 1997-98 shall be set at seventeen dollars ($17.00). BE IT FURTHER RESOLVED, that the City Council does hereby request the t . DISTRICT to adopt Storm water Utility Assessment levies based on said amount. RESOLUTION NO. 97/47 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 8th day of April, 1997 by the following vote: AYES: Council Member Hernandez, Payton, Soliz, Sudario and Mayor Rocha NOES: None ABSENT: None FLORENCE V. RUND L, CITY CLERK (PW 616) RESOLUTION NO. 15-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON ESTABLISHING THE RATE PER EQUIVALENT RUN-oFF UNIT(ERU)FOR FY 1997-98 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 WHEREASj 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 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. WHEREAS, Article XIII D Section 5 (a) exempts from the procedures and approval process setforth in Section 4 of said Article existing assessments imposed exclusively to finance the capital cost or maintenance and operation expenses for, among other things, drainage systems. 1 RESOLUTION NO. 15-97 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 1997-98 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. Adopted by the City Council of the City of Clayton at a regular meeting of said Council held on April 15, 1997, by the following vote: AYES: Council Members Peterson, Pierce, Mayor Manning NOES: Council Member Laurence, Vice Mayor Littor ABSENT: None Mayor ATTEST: City Clerk I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Clayton at a regular meeting held on April 15, 1997. City Clerk c:\ks\npdes\sua 15-97.wpd 2 4 • w COPY 1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 2 3 A Resolution Authorizing the Contra Costa County Board of Supervisors to Direct the Contra Costa County 4 Flood Control District to Establish an Annual Parcel Assessment for Drainage System Maintenance and the 5 National Pollutant Discharge Elimination System Program 6 RESOLUTION NO. 97-28 7 8 WHEREAS,under the Federal Water Pollution Control Act, [33 U.S.C. Section 1342(p)], 9 certain municipal storm water discharges require a permit from the appropriate federal or state 10 authorities pursuant to the National Pollutant Discharge Elimination System(NPDES) Program; and 11 WHEREAS,the City of Concord is named in the Federal Register,Vol. 55,No. 222, dated 12 November 16, 1990, as a medium-sized city required to obtain a NPDES permit; and 1.3 WHEREAS,the City of Concord, in conjunction with other affected jurisdictions within 14 Contra Costa County, applied to the State Regional Water Quality Control Board and received a 15 Joint NPDES Permit and developed a Storm Water Management Plan; and 16 WHEREAS, Assembly Bill 2768 (West's Water Code Appendix, Sections 63-12 and 63- 17 12.9) authorizes the Contra Costa Flood Control and Water Conservation District (District)to 18 establish storm water utility areas and to impose annual benefit assessments for the purpose of 19 carrying out the activities required under the NPDES Program; and 20 WHEREAS,the District has completed the process for"formation of a Stormwater Utility 21 Area(SUA), including the adoption of the Stormwater Assessment Drainage Ordinance No. 93-47; 22 and 23 WHEREAS, it is the intent of the City of Concord to utilize funds received from its 24 Stormwater Utility Area(SUA) for implementation of the NPDES program and drainage 25 maintenance activities; and 26 WHEREAS,the SUA and Program Group Costs Payment Agreement between the City of 27 Concord and District requires the City of Concord annually,by May 1,to determine the rate to be 28 assessed to a single Equivalent Runoff(ERU) for the forthcoming fiscal year. Res.No.97-28 1 4 4 1 NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES 2 RESOLVE AS FOLLOWS: . 3 Section 1. The annual assessment to be imposed by the District within the storm water 4 utility area shall be $26.00 per Equivalent Runoff Unit (ERU) for fiscal year 1997/98, and shall not 5 exceed a maximum of$35.00 per ERU for subsequent fiscal years, if requested by the City of 6 Concord. 7 SeCtion 2. The City Council requests the District to adopt stormwater utility area levies 8 based on said amount. 9 Section 3. This resolution shall become effective immediately upon its passage and 10 adoption. 11 PASSED AND ADOPTED by the City Council of the City of Concord on April 1, 1997, by 12 the following vote: 13 AYES: Councilmembers -M. Pastrick, L. Rosas, M. Peterson 14 NOES: Councilmembers -None 15 ABSTAIN: Councilmembers -None 16 ABSENT: Councilmembers - H. Allen, B. McManigal 17 I HEREBY CERTIFY that the foregoing Resolution No. 97-28 was duly and regularly 18 adopted at a regular joint meeting of the City Council and Redevelopment Agency of the City of 19 Concord on April 1, 1997. 20 Lynnet Keihl, CMC City Clerk 21 22 23 By Mardie Traver 24 Deputy City Clerk 25 VED AS TO FORM: 1 Certify that this isa bLe copy 2 ;7 a doC ant on file in this o 27 eputy City Clerk City Attorney S�`� City of concord,caiifomia 28 Res.No. 97-28 2