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HomeMy WebLinkAboutMINUTES - 05181999 - C13 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER. DATE: May 18, 1999 SUBJECT: SET HEARING FOR ADOPTION OF STOR_%VIWATER UTILITY ASSESSMENTS FOR FISCAL YEAR. 1999400, COUNTYWIDE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION T. Recommended Action: 1. ACCEPT the Chief Engineer's report for the adoption of Stormwater Utility Assessments for Fiscal Year 1999-00 for Stormwater Utility Areas Numbers 1 through 17 2. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments for Fiscal Year 1999-00 from the following municipalities and corresponding Stormwater Utility Areas: Antioch Hercules Pinole Walnut Creek Clayton Lafayette Pittsburg Unincorporated Contra Costa County Concord Martinez Pleasant Pull Danville Moraga San Pablo El Cerrito Orinda San Ramon Continued on Attachment: SIGNATURE: It—_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTTER SIGNATURES : ACTION OF BOARD ON May 18, 1999 APPROVED AS RECOMMENDED �_ OTHER VOTE OF SUPERVISORS x UNANIMOUS (ABSENT e ) AWES: NOES: I hereby certify that this is a true and correct ABSENT:_ _ ABSTAIN: copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. G:1GrpDataiFldCt1\Ibulkeie\BO\SetHrg-599.doc ATTESTED a.)r , '!Qom„ qg Orig.Div: Public works Flood Control Contact: Linda 13ulkeley -(925)3132238 PHIL BATCHELOR, Clerk of the Board c: Dean Eckerson,Public wore of Supervisors and County Administrator County Assessor County Auditor-Controller County Counsel L ,{ Treasurer-Tax Collector By , Deputy I. Recommended Action (cont.): 3. ADOPT the attached Resolution setting June 8, 1999, at 9:00 a.m. in the Board chambers as the time and place for the Public Hearing on the adoption of Stormwater Utility Assessments for Fiscal Year 1999-00 for said areas. II. Financial Impact: The proposed assessments for Storrnwater Utility Areas 1 through 17 will provide approximately$8,900,000 in funding for the cities and unincorporated County for the National Pollutant Discharge Elimination System (NPDES)program and drainage maintenance activities. III. Reasons for Recommendations and 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 Permit is federally mandated through the Clean Water Act which was amended in 1987 to specifically address stormwater pollution. Implementation of the first five-year permit was completed last summer and work on the second five-year permit began in September 1998. Public education on pollution prevention, inspection of construction sites, as well as commercial and industrial facilities, street sweeping, catch basin cleaning and other forms of drainage maintenance are examples of actions taken to meet Permit requirements. An Annual Report is written each year to summarize accomplishments. The Contra Costa Clean Water Program is currently awaiting approval of its second Joint Municipal Stormwater NPDES Permit from the San Francisco and Central Valley Regional Water Quality Control Boards. The Permit includes, for each municipality, a Stormwater Management Plan outlining intended activities designed to reduce or eliminate pollutants from entering the storm drain system. The Regional Boards indicated the need for a restricted funding source to finance implementation costs. In order to meet this need, Contra Costa County proposed legislation providing a financial option for municipalities to use through the Contra Costa County Flood Control and Water Conservation District. The bill,AB 2768 (Campbell),was passed by the legislature and signed by Governor Pete Wilson on August 30, 1992. The legislation specifically allowed a municipality to request formation of a Storrnwater Utility Area and any 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 1998-99. IV. Consequences of(legative Action: If the proposed assessments for the 1999-00 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 18, 1999 by the following vote: AYES: Supervisors Gioia, Uilkema, Cerner, DeSaulnier and Canciamilla NOES: Nene ABSENT: None ABSTAIN: None RESOLUTION NO. 991263 (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 1999-00 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE. PROJECT NO. 4500-6X7078 The Beard 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 Cerrito), 6 (Hercules), 7 (Lafayette), 8 (Martinez), 9 (Moraga), 10 (Orinda), 11 (Pinole), 12 (Pittsburg), 13 (Pleasant Hill), 14 (San Pablo), 15 (San Ramon), 16 (Walnut Creek), and 17 (Unincorporated County) consisting of that real property located in the incorporated limits of the cities indicated and the unincorporated County; and This Board also has before it the Chief Engineer's report providing an estimate of the cost of the National Pollutant Discharge Elimination System (NPDES) permit activities to be home by property in the individual Stormwater Utility Areas. This report will be on file within 30 days of the public hearing to adopt FY 1999-00 Stormwater Utility Assessments, and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF A STORMWATER UTILITY ASSESSMENT, FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE MAY 18, 1999 PAGE TWO It is proposed that Stormwater Utility Assessments for Fiscal Year 1999-00 be adopted for Stormwater Utility Areas 1 through 17; and At 9:00 a.m. on June 8, 1999, 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 1999-00 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 1999-00 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 1999-00 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. 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. LMB:Ilg g:\fdcti\Ibulkeie\Bo\ResoSetHrg Orig.Dept.:Public Works(FC©) Contact: Linda Bulkeley(925)313-2238 1 h9reby certify, that this iS a. truc- and Norrect cc: Dean Eckerson,Public Works copy of an action taken and entered on the County Assessor minutes of the Board of Supervisors on the County Auditor/Controller date shown. County counsel qD, County Treasurer-Tax collector ATTESTED: , Public works-NPDES PHIL BATCHE C,�rk of the Board of ervls an y Administrator By=- Deputy Jack Hall, City of Antioch Laura Hoffmeister, tatty of Clayton Alex Pascual, City of Concord P.Q. Box 5€07 P.O. Box 280 Pat MacDonald, City of Concord Antioch, CA 94531-5007 Clayton, CA 94517 Melody La Bella 1957 Parkside Drive, Concord, CA 94519-2575 Christine McCann,`Gown of Manville Mod Struve, City of El Cerrito Erwin Blancaflor, City of Hercules 510 La Gonda Way 10890 San Pablo Ave 11 i Civic Drive Danville, CA 94526-1722 Et Cerrito, CA 94530 Hercules, CA 94547 Tony Coe, City of Lafayette Jim Zumwalt, City of Martinez Peter Bekey,Town of Moraga P.C. Box 1968 525 Henrietta Street KCA Engineers, Inc. Lafayette, CA 94549-1968 Martinez, CA 94553`2394 318 Brannan Street San Francisco, CA 94107 Marts Robinson, City of Qnnda Keith Freeman, City of Pinole Carl Cahill, City of Pittsburg 26 Orinda Way 2121 gear Street P.C. Box 1518 Orinda, CA 94563 Pinole, CA 94564 Pittsburg, CA 94565 Todd Teachout, City of Pleasant Hill Scott Christie, City of San Pablo Janice Carey, City of Sart Ramon 100 Gregory Lane One Alvarado Square P.O. Box 5148 Pleasant Hill,CA 94523 San Pablo, CA 94806 San Ramon, CA 94583 Rinta Perkins, City of Walnut Creek Tom Williams, Contra Costa County P.O. Box 8039 255 Glacier Drive Walnut Creep, CA 94596 Martinez, CA 94553 ) 300 got 00 got ) 00 foe ENGINEER'S REPORT FOR THE ADOPTION OF FISCAL YEAR 1999-00 ASSESSMENTS FOR CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT STORMWATER UTILITY AREAS NOS. 1 THROUGH 17 Prepared by the Staff of the Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez, CA 94553 May 1999 1. RECOMMENDATION: It is recommended that; a. The Stormwater Utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 1999-00 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 `f i tvT ATF Alt U E T}I G Pl �t POSE0 t 'lU ARBA SRU. SRU I ARAIt nA E RATI?Ft2A 4R FY9b0 1 Antioch $25.00 $17.00 $17.00 i 2 Clayton $29.00 € � $24.5[3 $29.0(} E 3 Concord $35.00 $26.00 $29,00 I i 4 Danville $30.00 $22.00 $22.00 5 EI Cerrito $38.00 $23.50 $23.50 E 6 Hercules $35.O0 $24.00 $24.00 7 Lafayette $35.00 $16.00 -__ f $20.00 8 Martinez $30.00 $30.00 $30.00 9 Mora a $35.00 $20.00 $20.00 10 Orinda $35.00 $25.00 $30.00 11 Pinole $35.00 $35.00 $35.00 12 PittsbuLq $30.00 $24.00 $24.00 13 Pleasant Full $30.00 $25.50 $25.50 14 San Pablo $45.00 $35.84 $35.84 15 San Ramon $35.00 $23.00 $23.00 16 Walnut Creek $35.00 $19.36 $19.36 17 Unincorporated $30.00 $16.20 $16.20 € County € 2. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NPDES) PROGRAM: UE1LMB,jlg g:FLDCTLVbulkeley\SWUF\Annua Fee Adopt\Engrpt99 May 5, 1999 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 Mates."The initial focus of the Clean Water Act was to prohibit these pollutants from industrial process waste water and municipal sewage. The Act was amended in 1987 mandating the Environmental Protection Agency (EPA) to establish regulations setting forth the NPDES Permit Application requirements for stormwater discharges for municipalities, industries and construction projects. Contra 'Costa County, its incorporated cities and the Flood Control district joined together to form the Contra Costa Clean Water Program in order to marshal!the necessary resources and develop the most cost-effective program to comply with these federally mandated requirements. One of the requirements of the NPDES permit process is to identify funding sources for implementation of the program activities. The Contra Costa Clean Water Program Management Committee identified the formation of stormwater utilities as the most practical method for meeting the funding requirements. Sixteen city councils adopted resolutions requesting the District form a Stormwater Utility Area for their city territory. The governing board of the District established the Stormwater Utility Areas on June 22, 1993. 3. STORMWATER UTILITY; A stormwater utility is similar to other utilities. It has a purpose, a geographic boundary, and a method for spreading the utility costs to 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 r 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 1999-00: Indicated below are the estimated budgets for each stormwater utility area. The District's administration and collection costs are estimated at$1.80 per pard which includes the County Tax Collector's line item cost for the tax bills. The actual cost of administration and collection for FY 1997-98 was less than $1.32 per parcel. g:FLDCTL\ibulkeley\SWUFIAnnua!Fee Adopt\Engrpt99 may 5, 1999 Each year, the District provides city staff with an estimate of the number of ERUs assessable in the new year. The agency corresponding with each Stormwater Utility Area then prepares a budget for their NPDES and drainage maintenance program for the forthcoming fiscal year. Using this budget, plus the estimated cost for entity administration and assessment collection, city staff calculates the required ERU rate by dividing the estimated total cast 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 X111 D, Section 4). PROJECTED EXPENDITURES STORM- GROUP. AGENCY Dist . WATER - AGENCY NPDES �NPDESAL11v11 1 T �. TOTAL UTti lav COST F N€INC CO l EO tc�l� � L�1�r0Ft AREA FuNE iNjs(1) f 1).. C!a 'OST 1 Antioch $131,213 $4755924 $9,912 $19,706 $636,755 1 2 E Clayton -17,1893 98,007 1,413 3,234 1201547 E 3 Concord 187,873 1,378 089 15 365 28,979 1,610 306 E 4 Danville 65,606 304,210 6,376 11,972 388,164 � 5 El Cerrito 38,767 192,424 3,975 7,103 242,269 1 6 Hercules 31 312 137 784 2 802 5 470 177,367 € 7 Lafayette 40,258 205,842 3,465 6,906 256,470 E 8 Martinez i 59,642 522,926 6,841 9,979 599,388. E E 9 Moraga 26,839 133,925 2-$332 4,710 167,806 1 10 Orinda 28,330 324,603 2,814 5,654 361,401 11 Pinole 3L312 268,242 2 934 5,246 307,734 1 _ 12 Pittsburg 86,481 621,602 6,057 11,127 625,267 I 13 Pleasant Hill 53,678 346,848 4,657 9,180 414,362 1 14 San Pablo 43,241 286,642 3,883 5,219 338,985 15 San Ramon 71 571 470,046 5,847 11,701 _ 559,165 16 Walnut 104,374 537,262 9,766 18,522 669,924 Creek 17 County 290,756 1,251,985 26,440 44,720 1,613,901 ;E J=AL 1,309,'145 7,456;31 114;8792ti9,428 9,4389,81`1 (1) Agency funding for NPDES includes storm drain system maintenance and contingency costs. DEtL%4B:Hg g:FLDC1:C1bu1ke1ey\SwUF\Annua1 Fee AdopAEngrpt99 May 5,1999 5, ESTIMATED ST013MWATER UTILITY ASSESSMENT REVENUES IN FY 1999 flE1: Indicated below are the estimated revenues for Fiscal Year 1999.00 based on the proposed assessment rates in Section 1(a). The proposed ERU rate is the rate recommended in each municipality's resolution requesting adoption of Stormwater Utility Assessments for their municipal area. A listing of each assessor parcel number and proposed 1999®00 assessment is on file with the Clerk of the Centra Costa County Board of Supervisors. PROJECTED ERU RATES and REVENUES S 7r�RM�ATER NUMBERDF PR'OP0 ED lS,l U ###A1 EC> UT# ##`{AREA ENCY ERUS RATEFOR.. REVENUE FY 1999�OC1 1 _ Antioch 37,456 = $17.00 636,758 2 Clayton 4,157 29.00 120,547 3 Concord 55,528 29.00 1,610,306 4 Danville 17,644 22.00 388,164 5 El Cerrito 10,309 23.50 242,269 _ 6 Hercules 7,390 24.00 177,367 7 Lafayette 12,824 20.00 256,470 8 Martinez 19,980 30.00 599,388 9 Moraga 8,390 20.00 167,806 10 trinda 12,047 30.00 361,401 j 11 Pinole 8,792 35.00 307,734 12 Pittsburg 26,053 24.00 625,267 13 Pleasant Hill 16,250 25.50 414,362 14 San Pablo 9,458 35.84 338,985 15 San Ramon 24,312 23.00 559,165 16 Walnut Creek 34,604 . 19.36 669,924 17 County = 99,624 16.20 1,613,901 TOTAL. 404,818 ? 9,�8�Jy8 i DE1LMB:jig g:FLDGTUJbutketey\SWUFtAnnual Fee Adopt\Engrpt99 May 5, 1999 RESOLUTION NO. 99/30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 1999-2000 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 SUA and Program Group Costs Payment agreement between CITY and DISTRICT requires that CITY annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Couricillof the City of Antioch does determine that the rate to be assigned to a single ERU for FY 1999-2009 shall be set at seventeen dollars ($17.00). BE IT FURTHER RESOLVED, that the City Council does hereby-request the DISTRICT to adopt SUA levies based on said amount. RESOLUTION NO. 99130 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 13th day of April, 1999 by the following vote: AYES: Council Member Soliz, Davis, Sudario and Mayor Rocha NOES: None ASSENT: None ABSTAIN: Council Member Freitas L. JO NE MARTIN, City Clerk (PW 616) RESOLUTION NO. 22-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON ESTABLISHING THE RATE PER EQUIVALENT RUN-OFF UNIT (ERU) FOR FY 1999- 2000 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 in conjunction with other affected jurisdictions within Contra Costa County, applied to the State Regional Quality Control Board and received a Joint NI IDES Permit, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices (B.Wi s)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 Nater 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 X11I D Section 5 (a) exempts from the procedures and approval process set forth in Section 4 of said Article existing assessments imposed exclusively to finance the capital cost or maintenance and operation expenses for, among others things, drainage systems, RESOLUTION NO. 22-99 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 1999-2000 shag be set at $29.00. BE IT FURTHER RESOLVED,that the City Council does hereby request the District to adopt SUvA levies based on said amount. Adopted by the City Council of the City of Clayton at a regular meeting of said Council held on May 4, 1999 by the following vote: AYES: Littorno, Manning, Pierce. NOES: Laurence, Peterson. ABSENT: None. Mayor ATTEST: Fran " ouglas, 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 May 4, 1999. 5#ormwater99-00 L BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA 2 A Resolution Requesting the Contra Costa County Board of 3Super-visors to Direct the Contra Costa County Flood Control and Water Conservation District to Increase the 4 Annual Parcel Asssesent for Drainage System Maintenance and Carrying Out Activities Under the National Pollutant 5 Discharge Elimination System(NPDES)Program in.Fiscal Year 1999-2000 Resolution No.99-28 6 / 7 WHEREAS,under the Federal Water Pollution Control Act, [33 U.S.C. Section 1342(p)], 8 certain municipal storm water discharges require a permit from the appropriate federal or state 9 authorities pursuant to the National Discharge Elimination System(NPDES)Program; and 10 WHEREAS,the City of Concord,in conjunction with other affected.,jurisdictions within the .11 Contra Costa County, applied to the State Regional.Water Quality Control Board and received a Joint 12 NPDES Permit to develop a Storm Water Management Plan, and 13 WHEREAS,Assembly Hill 2768 (N'est's Water Code Appendix,Section 63-12 and 63-12.9) 14 authorizes the Contra Costa.Flood Control and Water Conservation District(DISTRICT)to establish 15 storm water utility areas and to impose annual benefit assessments for the purpose of carrying out the 16 activities required under the NPDES Program; and 17 WHEREAS, the DISTRICT has completed the process for.formation of a Stormwater Utility 18 Area(SUA),including the adoption of the Stormwater Assessment Drainage Ordinance No.93-74; 19 and 20 WHEREAS,the SUA and Program Group Costs Payment Agreement between the City of 21 Concord and DISTRICT requires the City of Concord, annually,by May 1, to determine the rate to be 22 assessed to a single Equivalent Runoff Unit(ERU) for the forthcoming fiscal year; and 23 WHEREAS, the City Council adopted Resolution No. 93-14, which established the range of 24 annual assessment to be imposed by the DISTRICT within the storm water utility area not to exceed 25 $35 per Equivalent Runoff Unit(ERU). 26 NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF CONCORD DOES 27 RESOLVE AS FOLLOWS: 28 ectiion 1. The annual assessment to be imposed by the DISTRICT within the storm water Rc..NO. x .doc 1 1 utility area shall be$29.00 per Equivalent Runoff Unit(ERU) for fiscal year 199912000, and shall not 2 exceed a maximum of$35.00 per ERU for subsequent fiscal years,if requested by the City of r 3 Concord. 4 Section 2. ,TheCity Council requests the DISTRICT to adopt stormwater utility area levies 5 based on said amount. 6 Section 3: This resolution shall become effective immediately upon its passage and adoption. 7 PASSED AND ADOPTED by the City Council of the City of Concord on March 23, 1999, 8 by the following vote: 9 'AYES: Councilmembers—H.Allen,L.Hoffineister,B.IV eManigal,M.Peterson,M.Pastrick 10 NOES: Councilmembers -None 11 ABSTAIN. Councilmembers None 12 ABSENT: Councilmembers -None 13 I HEREBY CERTIFY"that the foregoing resolution No. 99-28 was duly and regularly 14 adopted at a regular joint meeting of the City Council and the redevelopment Agency of the City of 15 Concord on March 23, 1999. 16 Lynnet Deihl,CMC City Clerk 17 18 ` By 19 Mal Traver,CMC Assistant City Clerk 20 21 APPROVED AS TO FORINT: 22 1 certRy that this is a tnie copy Ot ' a document on 11118 in this 000. 23 •- ch Assistant City Clerk 24 City Attorney SEAL - City of Concord,Caiifomla 25 cc. Linda Bulkeley, Flood Control District 26 27 28 xz..rra.�s ss.e 2 RESOLUTION NO. 44-99 AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE 1999-2000 FEE FOR THE TOWN'S STORMWATER UTILITY AREA AND AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT TO ALLOW THE"TOWN TO PARTICIPATE IN A GROUP INSPECTION PROGRAM 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 19 other Contra. Costa County agencies, including the Contra Costa County Flood Control and Water Conservation District to secure the required permit effective through fiscal year 1998-2003; and WHEREAS, the funding necessary to implement this permit has been established at $22 per Equivalent Residential Unit (ERU) through the Stormwater Utility Assessment (Town of Danville Resolution No. 24-93); and WHEREAS, said assessment rate must be set each year by 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 SACT' program and continue to fund the program through the assessment of individual properties; and WHEREAS, the 'Town Council wishes to participate in a group inspection program to, eliminate illicit discharges by contracting with the Contra Costa Central Sanitary District,now, therefore, be it RESOLVED, that the Danville Town Council supports and authorizes continuance of the Stormwater utility.Assessment to be set at$22 per ERU for all properties within Danville; and, be it further RESOLVED, that the Danville Town Council authorizes the"Town Manager to execute an agreement on behalf of the Town to participate in a group inspeetiori`'9'1`2trn. APPROVED by the Danville Town Council at a regular meeting on April 6, 1999, by the following vete: AYES: Arnerich, Greenberg, Boyle, Waldo NOES. Shimansky ABSTAINED: None ABSENT; None MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLE r , � I ' I,Marie Sunseri,City Clem of the Town of Danville, hereby certify that this is a true and correct copy of Town of Danville Resolution No. 44-99. 1 Mane Sunseri, City Clerk v ' RESOLUTION 99-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING CONTINUED 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, ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNITh FOR FISCAL YEAR 1999-2000, AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM. Whereas, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California Regional Water Quality Board under the National Pollutant Discharge Elimination System (NPDES) Program; and Whereas, the City of El Cerrito 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 of E€Cerrito to utilize funds received from its Stormwater Utility Area(SUA)for Implementation of the NPDES program and drainage maintenance activities; and Whereas, at the request of the City of El Cerrito, the Contra Costa County Flood Control and Water Conservation [District (District)has completed the process for formation of an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance NO. 93-47; and Whereas, the SUA and Program Group Costs Payment Agreement between the City of El Cerrito and District requires that EI Cerrito annually, by May 1,determine the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year. NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of El Cerrito does determine that the rate to be assigned to a single ERU for Fiscal Year 1999-2000 shall remain at$23.50. BE IT FURTHER RESOLVED,that the City Council of the City of El 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 19, 1999 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCIL MEMBERS: 3artke, Damon, Friedman, La Force, 3rusatcki. NOES: COUNCIL MEMBERS: Nona ABSENT: COUNCIL MEMBERS: None IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on April 19, 1999. 6 � a M. Giddings, 'y Clerk APP OVEN: r CE 111 A T' 'C' f �r Gina M. Bru atorl, Mayor .. IC�IbA .M. 916DI tiI rk of the City of ii Cerrito, Cel RESOLUTION NO 99-25 A Resolution of the City of Hercules Continuing the Rate Per Equivalent Runoff Unit for FY 1999-2000 at$24.00 and Requesting the Centra Costa County FloodControl and Water Conservation .District to Adopt an Annual Parcel Assessment for Drainage Maintenance and the National Pollutant Discharge Elimination System Program WHEREAS, 'Under Federal Water Pollution Control Act, prescribed discharges of Stormwater require a permit from appropriate California regional water quality board under the National Discharge Elimination System(NPDES) program; and WHEREAS, the City of Hercules County of Contra Costa did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City of Hercules to utilize funds received from its Stormwater Utility Area (SETA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the"request of the City of Hercules, Contra Costa County Flood Control and Water Conservation District (District) has completed the process for formation of a SAU, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS,The SAU and Program Group Costs Payment agreement between the City of Hercules and District requires that the City of Hercules annually,by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Hercules does determine that the rate to be assigned to a single ERU for FY 1999/2000 shall be set at $24.00. t , BE IT FURTHER RESOLVED, that the City Council for the City of .Hercules does hereby request the District to adopt SUA levies based on said amount. The foregoing Resolution was duly and regularly adopted at regular meeting of the City Council of the City of Hercules held on the 13`h day of April, 1999 by the following vote of the Council: AYES: Blackmon, Paras, Taraya,Watson, Segerberg NOES: None ABS01F H EP '!1 S ©n Segerberg ayor A A Doree ty Clerk cou RESOLUTION 99-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING CONTINUED 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, ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT' FOR FISCAL YEAR 1999-2000, AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM. Whereas, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California Regional Water Quality Board under the National Pollutant Discharge Elimination System (NPDES) Program; and Whereas,the City of E€Cerrito 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 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 El Cerrito, the Contra Costa County Flood Control and Water Conservation District(District) has completed the process for formation of an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance NO. 93-47; and Whereas, the SUA and Program Group Casts Payment Agreement between the City of EI Cerrito and District requires that EI Cerrito annually, by May 1,determine the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of EI Cerrito does determine that the rate to be assigned to a single ERU for Fiscal Year 1999-2000 shall remain at$23.50. BE IT FURTHER RESOLVED, that the City Council of the City of El Cerrito does hereby request the District to adopt SUA levies based on said amount. ' i 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 19, 1999 the City Council of the City of E€Cerrito passed this Resolution by the following vote: AYES: COUNCIL MEMBERS: Bar tke, Ramon, Friedman, La Force, Brusatori NOES: COUNCIL MEMBERS: Lone ABSENT: COUNCIL.MEMBERS: None IN WITNESS of this action, I sign this document and affix the corporate seal of the City of EI Cerrito on April 19, 1999. a M. Giddings, y Clerk *aKM4. : 11 �IED A T1 1101 atori, Mayor , .. e_ .. ...... ....e........ €NIDA M. C`:i7i?i •. ierk of the City of El Cerrito, C BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE MATTER OF: Authorizing the Centra Costa County Flood Control ) RESOLUTION NO. 16-99 and Water Conservation District to Form a ) Storm Water Utility Area and to Establish an Annual ) Parcel Assessment for the National Pollutant Discharge ) Elimination System Program ) WHEREAS, `ander 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 SAS, 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 Dill 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 Coma.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 1999-2000. 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 lar per Equivalent Runoff Unit(ERU)and the fee for one ERI., for FY 1999-2000 shall be set at twenty 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, Resolution 16-99 Page 1 of 2 PASSED AND ADOPTED by the City Council of the City of Lafayette on March 8, 1999, by the following vote: AYE& C-ouncilmembers Grodin, Samson, Strauss, Tatzin & Mayor Horn NOES: None ABSENT: None ABSTAIN: None OVER: Mayor ATTEST: Susan M. Jusaitis, city Clerk AS�A TRUE COPY ERTJI�JE, CL Ic n; CLERK OF CITY ���S�YETTE,CALIFOR'NIA Resolution 16-99 Page 2 of 2 ................................... .......................................................................................................................................... ...........................................................................................................- ........................................ ............................................................ ...................... RESOLUTION NO. 033-99 ESTABLISHING THE RATS PER EQUIVALENT RUNOFF UNIT ICOR FISCAL YEAR 1999-00 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 performance standards or eliminate pollutants from entering stormwaters; and '`WHEREAS, it is the intent of the CITY to utilize funds received from its Stormwater -Utility Area (SU14) 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 sof Martinez does determine that the rate to be established to a single ERU for Fiscal Year 1.999-00 shall be set at $30.00. BE IT FURTHER RESOLVED that the City Council doer hereby -request. the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. I HEREHY ,9;RRTZFY that this instrument" is'a true and correct cony of the original on file in this office.-__ . RICHARD G. HERI IMIEZ, CITY cLMkIK CITY OF MARTINEZ J* &Le=Q 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 a Regular Meeting of said Council held on the 7th day of April, 1999 by the fallowing vote. AYES: Councilmember Lewis, Ross, Woodburn, Nice Mayor Schroder and Mayor Menesini NOES: None ABSENT: None RICHARD G. HERNANDEZ, CIT CLERK CITY OF MARTINEZ s r BEFORE THE TOWN COUNCIL OF THE TOWN OF M. ORAGA A Resolution of the Town Council of the ) Town.of M- oraga Establishing the Rate per ) Resolution No. 11-99 Equivalent Runoff Unit for FY 1999-2000 � At$20.00 and Requesting the Contra Costa ) County:Mood 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 of 1987,prescribed discharges of storn3water require a permit from the appropriate California Regional Mater{duality Board under the National Pollutant Discharge Elimination System (-' PDES)Program•, and. WHEREAS, it is the intent of the Town to utilize funds received from its Storrawater Utility.Area (SIVA.) for implementation of the NPDES program and drainage j *maintenance activities; and WHEREAS,on September 1, 1993,the Town of Moraga did apply for, and did receive an NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants .from entering stormwaters,* and WHEREAS,at the request of the Town,the Contra Costa.County Flood Control and.Fater Conservation District(DISTRICT)has completed the process for formation of an SGA,including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47,and WHEREAS,the Town Engineer has determines)an Equivalent Run Off Unit (ERt rate of$20.00 will provide sufficient finds to undertake the FY 1999-2000 program needs. NOW;THEREFORE BE IT RESOLVED,that the Town Council of the Town of Moraga does determine that the rate to be assigned to a single ERU four FY 1999-2000 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, i 3 ADOPTED by the Town Council of the Town.of Moraga on the 14th day of 4 April, 1999,by the following vote: APES: Mayor John Connors,Vice Mayor Dennis Cunnane, Councilmember Ron Enzweiler, Councihnember Michael Majchrzak and Councihnember William Vaughn NOES: None ABSTAIN: None ABSENT: None 1 JoCondors,Ma r ATTEST Ross G.Hubbard, Town Clerk Resolution 11-99 l BEFORE THE CITY COUNCIL OF THE CITE''OF ORINDA In the Matter of: Establishing the Rate per Equivalent ) Runoff Unit for Fiscal Year 1999/00, ) and requesting the Contra Costa County Flood Control and'dater ) Conservation District to Adopt an Resolution No. 14-99 Annual Parcel Assessment for ) Drainage Maintenance and the ) National Pollutant Discharge } Elimination System Program. } W HF,REAS,under=the Federal Nater Pollution Control Act,prescribed discharges of stormwater require a permit.from the appropriate California regional water quality control board, under the`�National Pd lutant 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 'mater Conservation District("district")has completed the process as r9quired in order to form an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93- 47; and WHEREAS,the SUA and Program Group Costs Payment Agreement between.the City of Orinda and the District requires that the City of Orinda annually,by May 1,determine the rate to be assessed to a single Equivalent Runoff`Unit(ERU) for the forthcoming fiscal year. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Orinda does hereby determine that the rate to be assigned to a single ERU for FY 1999/2000 shall be set at $30.00. BE IT FURTHER RESOLVED that the City of Orinda does hereby request the District to adopt SUA levies based on said amount. Resolution 14-99,Page 1 of 2 ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on March 30, 1999,by the following vote: AYES: COUNCILMEMBERS: Hawkins,Tabor, Wheatland,Worth, Abrams NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Laura Abrams,Mayor Attest: EC CUM EIDA Copy CE it.44 LLS ale*61 the City ot Odnc*GA Mary E141 o2r�tffih,CittyCl-erk Resolution 14-99, Page 2 of 2 .......... ............................................................................................................ .......................................................................... 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 1999-2000 and Requesting ) the Contra Costa County Flood Control ) RESOLUTION NO. 115-99 and dater 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 r WHEREAS, it is the intent of the CITY to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and.drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra Costa County Flood Control and Water Conservation District (DISTRICT) has completed the process for formation of an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment agreement between CITY and DISTRICT requires that CITY annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE, IT IS RESOLVED, that the city council of the City of Pinole does determine that the rate to be assigned to a single ERU for FY 9999-2000 will be set at $35.00. 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 20th day of April 1999 by the following vote: AYES: COUNCILMEMBERS: Boyle, Mariotti, Murray, Alegria NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Horton ABSTAIN: COUNCILMEMBERS: None ELI TH GRIMES CI CLERK rx:cmacwrnsxoiuxvsseaecou c.weoea.=_au 2 ................................................................................................................................ ........................................................................................................................................................................................................................................................................................................................... April 14, 1999 Mate of California County of Contra Costa City of Pittsburg 1,Kathleen C.Meidinger,Deputy City Clerk in and for said City Council,City of Pittsburg, County of Centra Costa., ;Mate of California, do hereby certify that the hereto attached and foregoing document is a full,true and correct copy of City Council Resolution No.99-8818,on file in this office of said City. WITNESS, my hand,and Oficial Seal this 101 day of April, 1999. 4 J Kathleen C.Meidinger Deputy City Clerk BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In The Mauer of ; Resolution of the City of Pittsburg } Establishing the Rate Per Equivalent } Runoff Unit for FY 1.999-00 and } Requesting the Contra Costa County } Flood Control and Water Conservation } RESOLUTION NO. 99-8818 District to Adapt an Annual Parcel ) Assessment for Drainage Maintenance } and Approving Participation in } Stormwater 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 (duality 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, Contra Costa County, and Contra Costa. County Flood Control and Waster Conservation District (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 i WHEREAS, at the request of the City, the District has completed the process for formation of a SUA, including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS,EREAS, the success of the permit process is dependent upon the ooperation of each participating entity; and Page 1 of 2 WHEREAS, the Stormwater Utility Area and Program Group Costs Payment agreement between City and District Requires that the City annually, by May 1, determine the rate to be assigned to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pittsburg does determine that the rate to be assigned to a single ERU for FY 1999-00 shall be set at $24.00 and the City shall participate in the implementation of an Area-wide Joint Municipal NPDES 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 Stormwater Utility Assessment levies based on said amount. PASSED, AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the Fifth day of A1, 1999 by the following vote: AYES: Councilmember Aiello, Anzini, Lewis , Quesnda and payor Glover NOES: None ABSTAINED: None ABSENT: None Federal Glover, Mayor ATTEST: Lillian J. Pride, City Clerk Page 2 oft Reso,99-8 818 ............................... ................................................................................................................................................... ......... ......... ........ .......... .......... ............ ... ........ ....... ......... ......... ......... ......... ......... ........ ......... ........ ......... .................... . .................. ...... ................ .. ......... ..... RESOLUTION NO. 26-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT MILL APPROVING PARTICIPATION IN THE STORMWATER POLLUTION MANAGEMENT UTILITY DISTRICT AND AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER, CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 1999/00 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 Dill 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 singl6 ERIC° for Fiscal Year 1999/00 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 Stormwaier 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 5th day of_ April , 1999 by the following vote: AYES: Brandt, Cooper, Escover, Williamson, Mace NOES: None ABSENT: None DELOS M. MACE, Mayor ATTEST: bORIS P. NILSEN, City Clerk APPROVED AS TO FORM: DEBRA S. MARGOLIA, City Attorney F1 111UE COPY oavn►cITY CnY0FPLEASAiWHLL ....................................... .......................................................................................................................................... .............................................................................................. ............................................................... .................................................................................................... ....................... ..................................................................... RESOLUTION NO, 99 - 36 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO ESTABLISHING THE STORMWATER UTILITY ASSESSMENT RATE FOR FY 1999/2000 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT AND WATER. CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT ACTIVITIES FOR.THE CITY OF SAN PABLO. WHEREAS, under the Federal Water Pollution Act, prescribed discharges of municipal stormwater require a Permit from the San Francisco Regional Water Quality Control Board under the National Pollution Discharge Elimination System(NPDES)regulations; WHEREAS, the City of San Pablo is a member agency in the Contra Costa Clean Water Program,which has developed a Stormwater Management Plan; WHEREAS, the Stormwater Management Plan serves as the basis for the NPDES Permit which is jointly held by the members of the Contra.Costa Clean Water Program.; WHEREAS,under the Contra Costa County Flood Control and Water Conservation District Act, the Contra Costa County Flood Control and Water Conservation District has specified duties and powers to implement and administer the Contra Costa Clean Water Program; WHEREAS, Assembly Bill 2768 (AB 2768) authorized the Contra Costa County Flood Control District to establish,by resolution,stormwater utility areas within the District,as prescribed, and to impose,except as specified within AB 2768,an annual assessment within a stormwater utility area in conjunction with the NPDES program on behalf of the City of San Pablo; WHEREAS, the Contra Costa. County Flood Control District li .s therefore established a stormwater utility assessment to pay for the implementation and administration of the Stormwater Management Plan as requested by the City of San Pablo; WHEREAS,prior to imposing any assessments within any public entity,the.Contra Costa County Board of Supervisors must have authorization from the public entity as described in AB 2768; WHEREAS, the City Council of the City of San Pablo adopted Resolution No. 93-21 in 1993, establishing a maximum stormwater utility assessment(SUA)rate of$45.00 per Equivalent Runuoff Unit(ERU); WHEREAS, it is the intent of the City of San Pablo to levy for fiscal year 1999-2000 the same stormwater utility area assessment on parcels of property within the limits of the City of San Pablo as authorized by the City for FY 1998/99, by which to continue to fund the City's NPDES Permit activities and drainage maintenance; WHEREAS, such NPDES assessment is exempt from the provisions of Proposition 218, as California Constitution Article XIIIC, Section 5 exempts assessments formed exclusively to finance sidewalks, streets, sewers, water, flood control,drainage systems or vector control. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Pablo hereby determines that the SUA rate for the City of San Pablo shall be set at $35.84 for each Equivalent Runoff Unit(ERU) for Fiscal Year 1999/2400. BE IT FURTHER RESOLVED, that the City Council of the City of San Pablo hereby requests the Contra Costa County Flood Control District to process SUA levies based on$3 5.84 per ERU. Adopted this 51 day of April, 1999, by the following vote to wit: AYES: COUNCILMEMBERS Palmer, Brown, Gomes, Wysinger NOES: C©UNCILMEMBERS None ABSENT: COUNCILMEMBERS Vigil ABSTAIN: COLTNCILMEMBERS None ATTEST: APPROVED: /s/Genoveva Garcia Calloway /s/Shirley R. _Wysinger Genoveva Garcia Calloway, City Clerk Shirley R. Wysinger, Mayor I HEREBY CERTIFY THAT THE FOREGOING IS A FULL,TRUE AND CORRECT COPY 1) CITY CLE Sdc(J:\WPFILESIRESOS\RESSL A99.WPD)April 12, 1999(I0.40AM) .......................................... ..................................................................................................................._.. ......... ......... ......... ......... ......... ......_. ..........._.......... ......... ......... ......... ......... ......... ........ .... _ ......... ......... ........ ..... .......... .. ............... .................................................................._._.............__.__.. RESOLUTION NO. 99-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ESTABLISHING A RATE OF$23 PER EQUIVALENT RUNOFF UNIT FOR FY 1999/00 FOR THE NA'T'IONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PICOGRAM AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT WHEREAS,under the Federal Water Pollution Control Act,prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System(NPDES)program; and WHEREAS,the City of San Ramon did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS,it is the intent of the City of San Ramon to utilize funds received from its Stormwater Utility Area(SUA) for implementation of the NPDES program and drainage maintenance activities, and WHEREAS, at the request of the City of San Ramon, the Contra Costa County Flood Control and Water Conservation District(DISTRICT)has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment agreement between the City of San Ramon and DISTRICT requires that San Ramon annually,by May 1,determine the rate to be assessed to a single Equivalent Runoff Unit(ERU) for the forthcoming fiscal year. NOW, THEREFORE,BE IT RESOLVED,that the City Council of the City of San Ramon does determine that the rate to be assigned to a singe ERU for FYI 999/00 shall be set at$23.00. BE IT FURTHER,RESOLVED,the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. PASSED,APPROVED,AND ADOPTED,this 27th day of April, 1999 by the following vote; AYES: Councilmernbers Hudson, Kinney, Raab and Wean and Mayor Athan NOES: ABSENT: ABSTAIN: ATTEST: Byro D. Athan, Mayor rt jitzcf�ap -+est[fs� f/xat Hits �uLf'} fs v� taut and L..Lt'l JI!lP=af'c.}f t�2t �4t J�. dy Mac lane, Ci Jerk an:„} J,s _. f RESOLUTION NO. 99-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 1999-00 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS,the Federal Water Pollution Control Act, prescribed discharges of storm water require a permit from the appropriate California Regional Water Quality Control Board under the National Pollutant Discharge Elimination System(NPDES)program; and WHEREAS, the City of Walnut Creek 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 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 Stormwater Utility Assessment Drainage Ordinance No. 93-47; and TsfXf7'HEREAS.the'SUA Cost Payrnent agreement between the City of Walnut Creek and DISTRICT re(ihires:J�hat the City of Walnut Creek annually,by May 1,determine the rate to be assessed to'single-Equivalent RunoffUnit(ERU) for the forthcoming fiscial 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 1999-00 shall be set at$19.36. BE IT FURTHER RESOLVED,that the City Council of the City of Walnut Creek does hereby request the DISTRICT adopt SUA levies based on said amount. PASSED AND ADOPTED by the City Council of the City of Walnut Creek at a regular meeting thereof held on the 20th day of April 1999, by the following called vote: AYES: Councilmembers.- Rainey, Abrams, Wolfe, Hicks,Mayor-Regalia NOES: Councilmembers: None ABSENT: Councilmembers: None /s/ Gwen Regalia Mayor of the City of Walnut Creek Attest: /s/ Edie Rapel is Deputy City Clerk of the City of Walnut Creek I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Walnut Creek, County of Contra Costa, State of California, at a regular meeting of said Council held on the 20th day of April 1999. Deputy City Clerk of the City of Walnut Creek CITY OF WALNUT CREEK I HEREBY CERTIFY that the foregoir� is a and correct copy of p Date: '2 t �i)e&4;9 City Clerk f � ................................................................................................................................................._... ... ......... ......... ......... ......... ......... ......... ......................... .. ........ .. ..... ......... ..._... .......... ......... ......._..... ......... ......... ......... ................................... .......... . ..._ _ ... ...... ......... __ TIME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on April 20, 1999 by the following vote: AYES: Supervisors Gioia, uilkema, Gerber, DeSaulnier and Canciamilla NOES: None ABSENT: Mone ABSTAIN: None RESOLUTION NO. 99/192 SUBJECT: ESTABLISH THE RATE PER. EQUIVALENT RUNOFF UNIT FOR STORMWATER UTILITY AREA 17(UNINCORPORATED COUNTY)FISCAL YEAR. 1999-00 AND REQUEST THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONTSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM The Board of Supervisors of Contra Costa County RESOLVES THAT, WHEREAS,tinder 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 Storrnwater 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 adaption of the Stormwater Utility Assessment Drainage Ordinance NO. 93-47; and WHEREAS,The SUA and Program Group Costs Payment agreement between.COUNTY and DISTRICT requires that COUNTY annually,by May 1,deternnine irate-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 Fiscal Year 1999-00 shall be set at$16.20. BE IT FURTHER RESOLVER, that the COUNTY Board of Supervisors does hereby request the DISTRICT to adopt SUA 17 levies based on said amount. Originator: Public Works(FC) Contact: Linda Bulkeley (925) 313-2238 c: D. Eckerson,Public Works T. Williams,Public Works LMB.jlg g:GrpData\fldctl11bulkele1bo\AdoptResSUA 17 RESOLUTION NO. 99/192 I hereby certify that this is a true and correct c.opy of an action taken and entered on the minutes of the Board of Supervisors on the date shown, ATTESTED: AT'r PHIL �L.9Ft, � lark of the Board of rvi and C y Administrator f r Deputy By ... _ .._ ........... ......... ......... ......... ......... ......... ......... ......................... ......... . .._.... _...... .._.._. . .................... ............................... ........... .................................................... ..... - _ - - _ __