Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MINUTES - 05162000 - C24-C25
TO: BOARD OF SUPERVISORS,AS GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE SHIU, CHIEF ENGINEER DATE: May 16, 2000 SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 200001, COUNTYWIDE SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ACCEPT the Chief Engineer's report for the adoption of Stormwater Utility Assessments for Fiscal Year 2000-01 for Stormwater Utility Areas Numbers 1 through 17; 2. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments for Fiscal Year 200001 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 El Cerrito Orinda San Ramon f Continued on Attachment: X SIGNATURE: - RECOMMENDATION OF BOARD COMMITTEE — PPROVE OTHER SIGNATURE(S): ACTION OF BO ON MY 16, 2000 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct X UNANIMOUS {ABSENT ------------- ) copy of an action taken and entered on the minutes AYES: NOES: of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. ATTESTED: May 16, _2000 PHIL BATCHELOR, Clerk of the Board G:\GrpData\Fldctl\SWUF�BO\Setxrg-soo.doc of Supervisors and County Administrator Orig.Div: Public Works Flood Control Contact: Linda Bulkeley -(313-2238) c: Dean Eckerson,Public Works County Assessor By , Deputy County Auditor-Controller County Counsel Treasurer-Tax Collector SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2000-01, COUNTYWIDE DATE: May 16, 2000 PAGE NO: 2 of 3 I. Recommended Action (cont.): 3. ADOPT the attached Resolution setting June 13, 2000, 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 2000-01 for said areas. II. Financial Imoact: The proposed assessments for Stormwater Utility Areas 1 through 17 will provide approximately$9,800,000 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 issued by the State Regional Water Quality Control Board. This Permit is federally mandated through the Clean Water Act which was amended in 1987 to specifically address stormwater pollution. Implementation of the first five-year permit was completed last summer and work under the second five-year permit began in September 1999. Public education on pollution prevention, inspection of construction sites, as well as commercial and industrial facilities, street sweeping, catch basin cleaning and other forms of drainage maintenance are examples of actions taken to meet Permit requirements. An Annual Report is written each year to summarize accomplishments. The Contra Costa Clean Water Program is currently in its second Joint Municipal Stormwater NPDES Permit from the San Francisco Regional Water Quality Control Board and is requesting approval for a second five year permit from the Central Valley Regional Water Quality Control Board for the cities of Antioch, Brentwood, Oakley and unincorporated East County. The Permit includes, for each municipality, a Stormwater Management Plan outlining intended activities designed to reduce or eliminate pollutants from entering the storm drain system. The Regional Boards indicated the need for a restricted funding source to finance implementation costs. In order to meet this need, Contra Costa County proposed legislation providing a financial option for municipalities to use through the Contra Costa County Flood Control and Water Conservation District. The bill,AB 2768 (Campbell),was passed by the legislature and signed by Governor Pete Wilson on August 30, 1992. The legislation specifically allowed a municipality to request formation of a Stormwater Utility Area and an assessment to pay for implementation costs. The Board of Supervisors, acting as the Contra Costa County Flood Control and Water Conservation District,provided public notice to all affected property owners before the establishment of the Stormwater Utility Areas on June 22, 1993, creating 17 Stormwater Utility Areas. This 1993 Board action also set the first-year assessment rates for each Stormwater Utility Area, as well as maximum rates. Assessments were collected for Fiscal Year 1993-94 through 1999-00. On May 9, 2000 the Board formed a new Stormwater Utility Area (SUA) 18 for the City of Oakley and adopted an assessment for FY 2000-01. The affected property owners were formerly in the unincorporated County's Stormwater Utility Area 17 and therefore public noticing of all property owners was not necessary for the formation of SUA 18. In the future, adoption of Stormwater Utility Assessments for Oakley will be done with the other 17 Stormwater Utility Areas. SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2000-01, COUNTYWIDE DATE: May 16, 2000 PAGE NO: 3 of 3 IV. Consequences of Negative Action: If the proposed assessments for the 2000-01 Fiscal Year are not implemented,the program would have to be funded by the general funds of the cities and County to ensure compliance with NPDES permit requirements. en IDER WITH WKS RESOLUTION 2000-36 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING CONTINUED PARTICIPATION IN THE NATIONAL POLLUTANT 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 2000-2001, 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 El Cerrito to utilize funds received from Its Stormwater Utility Area (SUA)for Implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City of El Cerrito, the Contra Costa County Flood Control 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 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 El Cerrito does determine that the rate to be assigned to a single ERU for Fiscal Year 2000-2001 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. G.IUSEFt\SHARED\Englneerfng\RESOS\Reso00-39-AI3-ERU.NPDES.doc i I certify that at a regular meeting on April 17, 2000 the City Council of the City of EI Cerrito passed this Resolution by the following vote: AYES: COUNCIL MEMBERS: Abelson, Damon, Perka, Friedman NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Brusatori IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on April 17, 2000. r - a LMCG. lddlngs0(y Clerk APPROVED: CERTIFIED A TrUlE i:(,? r Mark Friedman, Mayor of f''e C;`y c Attachments: Exhibit A Estimated Stormwater Utility Assessment Revenues G:IUSER\SHARED\EngfneednglRESOS\Reso00-3e-AB-ERU-NPDES.doc 2 EXHIBIT A City of El Cerrito NPDES Storm Water Pollution Control Program Fiscal Year 2000-2001 Activities Cost (Includes Management and Administration Costs, Technical Support Services Permit and Compliance fees, Water Quality testing and Monitoring Programs, Special Studies, Public Education and Outreach Programs, and General Services and Supplies) Subtotal Group Activities $40,000 City of El Cerrito InAlvidual Activities: ' City-wide Street sweeping,Catch Basin Stenciling, Illicit Discharge Inspection Program,Underground Video Inspection, Recycling, Recycle Center Support, Phase out Herbicide Use, Cleaning and Maintenance of Storm Drain tines and Open Channels, Storm Drain Waterways Litter Control, Creek Restoration Efforts, and Erosion Control Inspection Subtotal Individual Activities $200,000 Tota1:Y $240,000 G:tUSERisHARED\Engin®ednglRESostReAB.ERU-NPDES.aoc 3 c 2 0 z VRXO � z z N T 040 , `fi rn � m MO ]Fri 0 no .t to to w en �a Q C rte" p oivco vN m C�at�n �P -4ttoo ,ccw art a is =.� F.s =.tcsc�+ -* ivi>3mc» :0' z ZF 0 -1 m � Z tri i p C yw A Z os c-a h• c5 -• #h � !�! m o aJ fJI a o c` . , to co ta C3 m � w -.r 343 c» w •.t w w ::,>� b Zoo w -� ao � Co -► v `v, 3+ -. ofL► "e� � ix� ;• ; m b � t#! �p A3 r } .a ( �> to #* 41' to09 "oCoC,7wCoON ^J0 4cn4A +JE. r ;u 3: � e o�,'it r4p` waw.sw �o" -`°�tp;' t" WC4 —A -y4 © z t0 ^�I A -d P �! W �J !o Lri 3o p to 4- 0) 'tet w t7 m - ,t w iv :A, u i4 :4 oy :J `ta 1+3 .A. 0 to i j ?4s .A oo =.t :a to ti's z to .A : CO "U > wu, A c� �arnooc� ;A, �w ' ww .4 S Z iv %a c3 'C to 'v c3 iv is ` w Cr 'cn w icy C3 't� m p� c9rna R° Cl0t�src3c7 � t7CSC3coOt� K7 ' d -4 mss► .0 409 � v m F m us . .,� e» or.3c� t3s -� w -, Cocnwwtt�n ..► Z t u 0 irkin w N a, s r CUP n a iv =� w f r : C b m c" y o v th 0 0 A. w w w -• w -4 to 0 ' m minA0 z z � CD � a o s; m .� CD 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 16, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2000/ 244 (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 2000-01 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 17, COUNTYWIDE. 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 Cerrito), 6 (Hercules), 7 (Lafayette), 6 (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 file within 30 days of the public hearing to adopt FY 2000-01 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 16, 2000 PAGE TWO It is proposed that Stormwater Utility Assessments for Fiscal Year 2000-01 be adopted for Stormwater Utility Areas 1 through 17; and At 9:00 a.m. on June 13, 2000, 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 2000-01 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 2000-01 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 2000-01 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:jlg I hereby certify that this Is a true and correct copy of G:\GrpData\FldCtl\NPDES\BO\ResoSetHrg00-01.doc an action taken and entered on the minutes of the Orig.Dept.:Public Works(FCD) Board of Supervisors on the date shown. Contact: Linda Bulkeiey(925)313-2238 ATTESTED: May 16, 2000 cc: Dean Eckerson,Public Works PHIL BATCHELOR,Clerk of the Board County Assessor of supervi rs and County Administrator County Auditor/Controller , County CounselZZ County Treasurer-Tax Collector By ,Deputy Public Works-NPDES RFSOUNION NO. 2000/244 EXHIBIT A Jack'Hall,City of Antioch Laura Hoffineister,City of Clayton "`Arley Pascual, oncord P.O..O.Box 5007 6000 Heritage Trail 1957 a Drive,MS/O1 Antioch,CA 94531-5007 Clayton,CA 94517 C cord,CA5 -2578 >Manald of Concord Melody La Bella,City of Concord Christine McCann,Town of Danville rive,MS/01 1957 Parkside Drive,MS/01 510 La Gonda Way 94 78 Concord,CA 94519-2578 Danville,CA 94526-1722 Bruce King,City of El Cerrito Erwin Blancaflor,City of Hercules Julia DosSantos,City of Lafayette 10890 San Pablo Ave 111 Civic Drive P.O.Box 1968 El Cerrito,CA 94530 Hercules,CA 94547 Lafayette,CA 94549-1968 Jim Zumwalt,City of Martinez Peter Bekey,Town of Moraga Maria Robinson,City of Orinda 525 Henrietta Street KCA Engineers,Inc. 26 Orinda Way Martinez,CA 94553-2394 318 Brannan Street Orinda,CA 94563 San Francisco,CA 94107 Bob Guth,City of Pinole Ken Strelo,City of Pittsburg Todd Teachout,City of Pleasant Hill 2121 Pear Street P.O.Box 1518 100 Gregory Lane Pinole,CA 94564 Pittsburg,CA 94565 Pleasant Hill,CA 94523 Scott Christie,City of San Pablo Janice Carey,City of San Ramon Rinta Perkins,City of Walnut Creek One Alvarado Square P.O.Box 5148 P.O.Box 8039 San Pablo,CA 94806 San Ramon,CA 94583 Walnut Creek,CA 94596 Eric Whan,Contra Costa County 255 Glacier Drive Martinez,CA 94553 CONSIDER WITH . .. ENGINEER'S REPORT FOR THE ADOPTION OF FISCAL YEAR 2000r-01 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 2000 1. RECOMMENDATION: It is recommended that: a. The Stormwater Utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 2000-01 be adopted for the Contra Costa County Flood Control and Water Conservation District Stormwater Utility Areas (SUA) for the following incorporated and unincorporated areas: PROPOSED VS. EXISTING ERU RATES 1 Antioch $25.00 $17.00 $17.00 2 Clayton $29.00 $29.00 29.00 3 Concord $35.00 $29.00 29.00 4 Danville $30.00 $22.00 22.00 5 EI Cerrito $38.00 $23.50 23.50 6 Hercules $35.00 $24.00 24.00 7 Lafayette $35.00 $20.00 22.00 8 Martinez $30.00 $30.00 30.00 9 Moraga $35.00 $20.00 20.00 10 Orinda $35.00 $30.00 30.00 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 $35.84 35.84 15 San Ramon $35.00 $23.00 28.00 16 Walnut Creek $35.00 $19.36 21.50 17 Unincorporated $30.00 $16.20 25 20 County 2. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NPDES) PROGRAM: Congress adopted the Federal Water Pollution Control Act generally referred to as the Clean Water Act in 1972. It specifically prohibits the discharge of any pollutants (e.g., herbicides, pesticides, oil, grease, 2 DE/LMB.-jig G:tGrpData\FldCtl%SWU F\AnnualFeeAdopt\ENGRPT00.doc 04/24/00 etc.) to the "navigable waters of the United States." The initial focus of the Clean Water Act was to prohibit these pollutants from industrial process wastewater and municipal sewage. The Act was amended in 1987 mandating the Environmental Protection Agency (EPA)to establish regulations setting forth the NPDES Permit Application requirements for stormwater discharges for municipalities, industries and construction projects. Contra Costa County, its incorporated cities and the Flood Control District joined together to form the Contra Costa Clean Water Program in order to marshal the necessary resources and develop the most cost-effective program to comply with these federally mandated requirements. One of the requirements of the NPDES permit process is to identify funding sources for implementation of the program activities. The Contra Costa Clean Water Program Management Committee identified the formation of stormwater utilities as the most practical method for meeting the funding requirements. Sixteen city councils and the County Board of Supervisors adopted resolutions requesting the District form a Stormwater Utility Area for their city territory. The governing board of the District established the Stormwater Utility Areas on June 22, 1993. 3. STORMWATER UTILITY: A Stormwater utility is similar to other utilities. It has a purpose, a geographic boundary, and a method for spreading the utility costs to benefiting properties or recipients. The purpose of the stormwater utility is to fund the implementation of the NPDES program activities required by the permit and the maintenance of the government owned storm drain systems. In development of the stormwater utility legislation, the construction of capital improvements was excluded as a purpose. Stormwater utility assessment revenues can only be spent on the NPDES program activities and storm drain system maintenance. Replacement of a failing storm drain system is considered a maintenance activity as long as the replacement facility is equal in capacity and a comparable type of facility, i.e., pipe storm drain is replaced by another pipe storm drain. The NPDES program activities have been tailored to meet the respective city or county NPDES problems based on their land use activities; thus each program is different. Also, the cities and county on an individual basis will perform most of the NPDES activities. Consequently, each city comprises a separate stormwater utility area. This facilitates the setting of the utility rates and the transfer of funds to the cities who perform most of the work. The same applies for the unincorporated county NPDES program which is implemented by county staff. Stormwater utilities generally distribute program costs to the benefiting landowners on the basis of stormwater runoff quantity or the amount of impervious surface associated with various land uses. The Stormwater Utility Areas utilize the latter method. Staff prepared the report entitled, "Report on Stormwater Utility Assessment (March 1993)," which is incorporated into this Engineer's Report by reference. The report explains in detail the rationale for using impervious surface area as the basis for allocating costs, the development of the utility rate standard of one Equivalent Runoff Unit (ERU)and the relationship between 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 2000-01: Indicated below are the estimated budgets for each stormwater utility area. The District's administration and collection costs are estimated at$1.80 per parcel which includes the County Tax Collector's line item cost for the tax bills. Each year, the District provides city staff with an estimate of the number of ERUs assessable in the new year. The agency corresponding with each Stormwater Utility Area then prepares a budget for their NPDES and drainage maintenance program for the forthcoming fiscal year. Using this budget, plus the 3 DB/LMB.Jlg G:\GrpData\FldCtl\SWUF\AnnualFeeAdopt\ENGRPTOO.doc 04/24/00 estimated cost for entity administration and assessment collection, city staff calculates the required ERU rate by dividing the estimated total cost by the estimated ERUs in the Stormwater Utility Area. The agency governing board approves the rate and requests the District approve and implement the desired assessment. The ERU rate in future years can not exceed the maximum rate shown in Section 1(a) without completing the public notice/hearing process required by SB 1977 (Bergenson) and Proposition 218 (California Constitution, Article Xill D, Section 4). PROJECTED EXPENDITURES < 3 1 Antioch $157,641 $454,880 $7,977 $20,783 $641,281 2 Clayton 21,456 98,928 1,468 3,449 125,300 3 Concord 221,478 1,353,482 12,063 29,141 1,616,164 4 Danville 77,136 298,778 5,027 12,355 393,296 5 EI Cerrito 46,104 186,533 2,681 7,116 242,433 6 Hercules 37,238 138,451 2,042 5,490 183,221 7 Lafayette 46,991 224,682 2,618 6,945 281,237 8 Martinez 70,752 518,902 4,796 10,110 604,560 9 Moraga 32,450 129,068 1,824 4,706 168,048 10 Orinda 33,514 275,898 2,382 5,675 317,469 11 Pinole 35,997 266,064 1,998 5,261 309,320 12 Pittsburg 102,493 501,716 6,076 11,402 621,686 13 Pleasant Hill 63,659 332,404 3,638 9,260 408,961 14 San Pablo 51,779 281,321 1,967 5,223 340,290 15 San Ramon 86,534 583,823 4,634 12,325 687,316 16 Walnut Creek 123,595 595,067 7,385 18,593 744,640 17 County 293,826 1,770,900 21,903 45,472 2,132,101 EA : ll� (1) Agency funding for NPDES includes storm drain system maintenance and contingency costs. 4 DE/LMB:Jlg G:\GrpData\FldCtl\SWUF\AnnualFeeAdopt\ENGRPTOO.doe 04/24/00 5. ESTIMATED STORMWATER UTILITY ASSESSMENT REVENUES IN FY 2000-01: Indicated below are the estimated revenues for Fiscal Year 2000-01 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 2000-01 assessment is on file with the Clerk of the Contra Costa County Board of Supervisors. PROJECTED ERU RATES and REVENUES 1 Antioch 37,722 $17.00 $641,281 2 Clayton 4,321 29.00 125,300 3 Concord 55,730 29.00 1,616,164 4 (Danville 17,877 22.00 393,296 5 EI Cerrito 10,316 23.50 242,433 6 Hercules 7,634 24.00 183,221 7 Lafayette 12,784 22.00 281,237 8 Martinez 20,152 30.00 604,560 9 Moraga 8,402 20.00 168,048 10 Orinda 10,582 30.00 317,469 11 Pinole 8,838 35.00 309,320 12 Pittsburg 25,904 24.00 621,686 13 Pleasant Hill 16,038 25.50 408,961 14 San Pablo 9,495 35.84 340,290 15 San Ramon 24,547 28.00 687,316 16 Walnut Creek 34,634 21.50 744,640 17 County 84,607 25.20 2,132,101 TOTAL: DE/LMB.jIg G:\GrpData\FldCtl\SWUF\AnnualFeeAdopt\ENGRPTOO.doo 04/24/OO CONSIDER WITH 5//4/ RESOLUTION NO. 2000139 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2000-2001 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 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 stormwaters; and WHEREAS, it is the intent of the CITY to utilize funds received from a 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 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 (E,RU) 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 2000-2001 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. I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 28th day of March, 2000 by the following vote: AYES: Council Members Soliz, Davis, Sudario and Mayor Rocha NOES: None ABSENT: None ABSTAIN: Council Member Freitas g J !Tne Martin, CITY CLERK (PW 616) ............ ...................- ............................. RESOLUTION NO. 24-2000 A RESOLUTION OF THE CITY OF CLAYTON CITY COUNCIL ESTABLISHING THE RATE PER EQUIVILANT RUN-OFF UNIT (ERU) FOR FY 2000-20001 AND REQUESTING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WHEREAS, under the Federal Water Quality Act, prescribed discharges of Stormwater require a permit from the appropriate federal or state authorities pursuant to the National Pollutant Discharge Elimination System(NPDES)program; and WHEREAS, the City of Clayton, in conjunction with other affected jurisdictions within Contra Costa County, applied to the State Regional Water Quality Control Board and received a Joint NPDES Permit which requires the implementation of a Storm Water Management Plan via Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS,Assembly Bill 2768 authorizes the Contra Costa County Flood Control and Water Conservation District(District)to establish Stormwater Utility Areas(SUA)and to levy annual benefit assessments for the purpose of carrying our activities required under the NPDES program; and WHEREAS,it is the intent of the City to utilize funds received from its Stormwater Utility Area(SUA)for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City, the Contra Costa County Flood Control District and'hater Conservation District(District)has completed the process for the formation of a SUA,including the adoption of the Stormwater Utility Assessment Drainage Ordinance No.93-47; and WHEREAS, the SUA and Program Group Costs payment agreement between the City and the District requires that the City of Clayton annually,by May 1, determine the rate to be assigned to a single ERU for the forthcoming fiscal year. 1 NOW,THEREFORE,BE IT RESOLVED that the City of Clayton City Council hereby determines that the rate to be assigned to a single ERU for FY 2000-01 shall be set at$29.00 BE IT FURTHER RESOLVED,that the City Council of the City of Clayton does herby request the District to adopt the 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 18, 2000, by the following vote: AYES: Council Members Littorno, Manning, Vice Mayor Pierce NOES: Done ABSENT: Council Member , Laurence, Mayor Peterson ABSTAIN: None Vice-Mayor, Julie Pierce ATTEST: 4 Frances Douglas, 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 18, 2000. Frances Douglas, City Clerk Reso 2400 2 01/16!00 TELT 17:09 FAX 810 313 2001 Contra Costa Clem H2O CLAYTON HOPIS Q018 CONTRA COSTA CLEAN WATER PROGRAM GROUP COSTS METHODOLOGY & ALLOCATION FOR THE 2000/01 FISCAL YEAR ENTITY POPULATION' PRORATA SHARE OF BUDGET GROUP COSTS2 ALLOCATION Antioch 81,500 8,89% 157,641 Brentwood 20,050 2.19% 88,884 1.21% 21,450- Concord 114,500 12.49% 221,478--' Centra Costa County 151,875 16.57% 293,826 CCCFC&WCD' 0 0.00% - Danville 39,900 4.35% 77,186 El Cerrito 23,800 2.60% 46,104 Hercules 19,250 2.10% 37,238 Lafayette 24,250 2.65% 46,991 Martinez 36,600 3.99% 70,752 Moraga 16,750 1.83% 32,450 Oakley 25,825 2,82% 50,005 Orinda 17,350 1.89% 33,514 Pinole 18,600 2.03% 35,997 Pittsburg 53,000 5.78% 102,493 Pleasant Hill 32,900 3.59% 63,659 Richmond 93,800 10.24% 181,580 San Pablo 26,750 2.92% 51,779 San Raman 44,700 4.88% 86,534 Walnut Creek 63,900 6.97% 123,595 916,400 99.99% 1,773,062 100.00% 1,773,242 1. Population figures based on State of California Department of Finance - January 1, 1999 2. Percentages based on prorata of polulation, 3. Prorata share not based on population, but as a direct financial contribution. EXCELt00 group cost methodology,x(s 3/14100 �dosirsa+���nuswi�y,ay m fw Ci SIC-, P,y P� to Ln �y Q8 ifL 69 1# � 40,ki9 60-Y y O a- Cl Nw- CT' Y 40409, 6% ff MC-4a rw rLn- CV to m 00 N N 0)C'?dNOSD .gyyN S� C.i Ot© h. �t[i Lt7�CJhC3 i73 y g 0N ccN5 0 � m s�c c cn 'r Nh OY N 4& o 4A 61 tom,"0.'1 h. tti1 � b!�64 6404,64� bS d9 9 .19 4 rc 4m m m M V CONNN -Rr LL7v v m CLm ams C�79 :� C1; CL m m z c tJy CL � WITH J 41 � �0 / 1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD f COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA 2 3 A Resolution Authorizing the Contra Costa County Flood Control &Water Conservation District to 4 Establish an Annual Parcel Assessment for FY 2000- 01 00001 for Drainage Maintenance and the National 5 Pollutant Discharge Elimination System Program Resolution No. 00-29 6 7 WHEREAS, under Federal Water Pollution Control Act, [33 U.S.C. Section 1342(p)], certain 8 municipal storm water discharges require a permit from the appropriate federal or state authorities 9 pursuant to the National Pollutant Discharge Elimination System(NPDES)Program; and 10 WHEREAS,the City of Concord, in conjunction with other affected jurisdictions within 11 Contra Costa County, applied to the San Francisco Bay Regional Water Quality Control Board and 12 received a Joint NPDES Discharge Permit and developed a Stormwater Management Plan; and 13 WHEREAS, Assembly Bill 2768 (West Water Code Appendix, Section 63-12 and 63-12.9) 14 authorizes the Contra Costa County Flood Control and Water Conservation District(DISTRICT)to 15 establish stormwater utility areas and to impose annual benefit assessments for the purpose of carrying 16 out activities required under the NPDES Program; and 17 WHEREAS, the DISTRICT has completed the process of request of the City of Concord, the 18 Contra Costa County Flood Control &Water Conservation District(DISTRICT)has completed the 19 process for formation of a SUA, including the adoption of the Stormwater Utility Assessment 20 Drainage Ordinance No. 9347; and 21 WHEREAS, the SUA and Program Group Costs Payment agreement between the City of 22 Concord and DISTRICT requires that the City of Concord annually, by May 1, determine the rate to 23 be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. 24 NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES 25 RESOLVE AS FOLLOWS: 26 Section 1. The annual assessment to be imposed by the DISTRICT within the stormwater 27 utility area shall be $29.00 per Equivalent Runoff Unit (ERU) for fiscal year 2000/2001, and shall not 28 1 I exceed a maximum of $35.00 per ERU, for subsequent fiscal years, if requested by the City of 2 Concord. 3 Section 2. The City Council requests the DISTRICT to adopt the stormwater utility area 4 levies based on said amount. 5 Section 3. This resolution shall become effective immediately upon its passage and adoption. 6 PASSED AND ADOPTED by the City Council of the City of Concord on April 4, 2000, by 7 the following vote: 8 AYES: Councilmembers—L. Hoffineister,B. McManigal,M. Pastrick,M. Peterson 9 NOES: Councilmembers -None 10 ABSTAIN: Councilmembers -None 11 ABSENT: Councilmembers—H. Allen 12 I HEREBY CERTIFY that the foregoing Resolution No. 00-29 was duly and regularly 13 adopted at a regular joint meeting of the City Council and the Redevelopment Agency of the City of 14 Concord on April 4, 2000. 15 Lynnet Keihl, CMC City Clerk 16 17 ` By 18 Mar a Traver,CMC Assistant City Clerk 19 20 APPROVED AS TO FORM: 21 certify that this is a true copy of a document on file in this ice. 22 ar e / Ie#�int City Clerk 23 Acting City Attorney SEA_ O lty of Concord,California 24 25 26 27 28 2 RESOLUTION NO. 53-2000 AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE 2000-01 FEE FOR THE TOWN'S STORMWATER UTILITY AREA WHEREAS, the Federal Nater 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 the Town Council; and WHEREAS, the Town Council appoints the City Engineer, or his/her designee, as its official representative to the Contra Costa Clean Water Program; and WHEREAS, the Town Council wishes to continue participation in the SPCP program and continue to fund the program through the assessment of individual properties; now, therefore, be it RESOLVED, that the Danville Town Council authorizes continuance of the Stormwater Utility Assessment to be set at $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 inspection program. APPROVED by the Danville Town Council at a regular meeting on April 18, 2000, by the following vote: AYES: Greenberg, Doyle, Waldo NOES: Sbimansky ABSTAINED: None ABSENT: Arnerich " ,---•--� -= MAYOR PM VIED AS TO FORM: ATTEST: .,+ CITY ATTORNEY CITY CLERK coNsiosiwrrHL4, 4 511(010" RESOLUTION NO 00-34 A Resolution of the City of Hercules Continuing the Rate Per Equivalent Runoff Unit for FY 2000-2001 at$24.00 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 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 (SUA) 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 2000-2001 shall be set at $24.00. BE IT FURTHER RESOLVED, that the City Council for the City of Hercules does hereby request the District to adopt SUA levies based on said amount. The foregoing Resolution was duly and regularly adopted at regular meeting of the City Council of the City of Hercules held on the 11 ch day of April, 2000 by the following vote of the Council: AYES: Segerberg, Taraya, Watson, Blackmon NOES: Paras Herman Blackmon, Mayor `r i Do � � , � erk CONSIDER WITH � BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE MATTER OF: Establishing the hate per Equivalent Runoff Unit for ) RESOLUTION NO. 28-00 Fiscal Year 2000-2001 and Requesting the Contra Costa ) County Flood Control and Water Conservation District ) To Adopt an Annual Parcel Assessment for Drainage ) Maintenance and the National Pollutant Discharge ) Elimination System Program ) WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of Lafayette (City) did apply for, and did receive, an NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City, the Contra Costa County Flood Control and Water Conservation District (District) has completed the process for formation of an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment Agreement between City and District requires that City annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lafayette does determine that the rate to be assigned to a single ERU for FY 2000-2001 shall be set at $22 (twenty-two dollars). BE IT FURTHER RESOLVED, that the City Council of the City of Lafayette does hereby request the District to adopt SUA levies based on said amount. PASSED AND ADOPTED by the City Council of the City of Lafayette on March 27, 2000,by the following vote: AYES: Councilmembers Federighi , Horn, Samson, Tatzin and Mayor Strauss NOES: None ABSENT: None ABSTAIN: None Resolution 28-00 Page 1 of 2 APPROVED: �J Mayor ATTEST: µ usan M. Jusaitis, CitytIqfk Resolution 28-00 Page 2of2 CONSIDEE WITH RESOLUTION NO, 03800 ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR 2000-3001 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 an 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 (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 an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 9347; 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 2000-2001 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��rtia�►a� I � � CLM 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 5th day of April, 2000 by the following vote: AYES: Councilmembers Lewis, Schroder, Woodburn, Vice Mayor Ross and Mayor Menesini NOES: None ABSENT: None RICHARD G. HERNANDEZ, CIT CLERK CITY OF MARTINEZ tle me YgITMD YOWD i i ir�nRsM� CONSIDER WITH � BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAOA A Resolution of the Town Council of the } Town of Moraga Establishing the Rate per } Resolution No.13-2000 Equivalent Runoff Unit for FY 2000-2001 } At $20.00 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 (NPDES) Program } WHEREAS, under the Federal Water Pollution Control Act of 1987, prescribed discharges of stermwater 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 its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, on September 1, 1993, the Town of Moraga did apply for, and did receive an NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering 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 an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the Town Engineer has determined an Equivalent Run Off Unit (ERU) rate of$20.00 will provide sufficient funds to undertake the FY 2000- 2001 program needs. NOW; THEREFORE BE IT RESOLVED, that the Town Council of the Town of Moraga does determine that the rate to be assigned to a single ERU for FY 2000-2001 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. ADOPTED by the Town Council of the Town of Moraga on the 12th day of April, 2000, by the following vote: 1 s AYES; Mayor Dennis Cunnane, Councilmember Ron Enzweiler, Councilmember Michael Majchrzak and Councilmember John Connors NOES: None ABSTAIN: None ABSENT: Vice Mayor William Vaughn ne, Mayor ATTEST Ross G. Hubbard, Town Cl rk w 0 r 4 CONSIDER Wi ff i n ' BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: Establishing the Rate per Equivalent } Runoff Unit for Fiscal Year 2000101, } and requesting the Contra Costa } County Flood Control and Water } Conservation District to Adopt an } Resolution No. 26-00 Annual Parcel Assessment for } Drainage Maintenance and the ) National Pollutant Discharge } Elimination System Pro r� am } 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 does hereby determine that the rate to be assigned to a single ERU for FY 200012001 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 26-00, Page 1 of 2 ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on April 4,2000,by the following vote: AYES: COUNCILMEMBERS: Tabor, Wheatland, Hawkins NOES: COUNCILMEMBER.S: None ABSENT: COL NCILMEMBERS: Abrams, Worth J ce AaAins,Mayor Attest: Film _ �Y L-SWO'�'TH 4Maryl OLrth, City Clerk �of the city otCyr KW6 Ca Resolution 14-99, Page 2 of 2 CON IO�WITH!1 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 FY 200012001) and Requesting the Contra Costa } County Flood Control and Water } RESOLUTION NO. 120-2000 Conservation District to Adopt an ) Annual Parcel Assessment for Drainage) Maintenance and the National Pollutant ) Discharge Elimination System Program ) WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of Stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, The City of Pinole did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra Costa County Flood Control & Water Conservation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93- 47; and WHEREAS, the SUA and Program Group Costs Payment agreement between CITY and DISTRICT requires that CITY annually, by May 1, determine the rate to be assessed X:,CITY ACTIONIRE50LUTION512W=CUNCILIERU RATE.00C 1 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 Pinole does determine that the rate to be assigned to a single ERU for FY 200012001 shall be set at $35.00 BE IT FURTHER RESOLVER, that the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. PASSED AND ADOPTED this 18th day of April 2000 by the following vote: AYES: COUNCILMEMBERS: Alegria, Boyle, Cole, Horton, and Murray NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None CD WN G. AEIRAAMSON, CMC/AAE DEPUTY CITY CL RIC I hw*bY certify that the foregoing Is a true and correct copy-6f the orlglnei document on file in the CRY Clerk's O"ce, City of Pinola, Contra Costa County,State of California. VYn .Abrahsmso - of the City P ncle Gi1it X,ICITV ACTIONWE%OLUTION910MIr OUNCIL.MU RATE.00C 2 'CluMISMER NTH April 12, 2000 State of California County of Contra Costa City of Pittsburg I, Kathleen C. Meidinger,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 City Council:Resolution No. 00-9140, on file in this office of said City. WITNESS, my hand, and Official Seal this 12`h day of April, 2000. Kathleen C. Meidinger Deputy City Clerk BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG Resolution of the City Council of the ) City of Pittsburg Establishing the } Rate Per Equivalent Runoff Unit } for FY 2000/2001 and Requesting } the Contra Costa County Flood } Resolution No. 00-9140 Control and Water Conservation } District to Adopt an Annual Parcel } Assessment for Drainage Maintenance } and the National Pollutant Discharge } Elimination System Program } WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California Regional Water Quality Board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of Pittsburg (City) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City, the Contra Costa County Flood Control & Water Conservation District (District) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment agreement between City and District requires that City annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pittsburg does determine that the rate to be assigned to a single ERU for, FY 2004/2001 shall be set at $24.00. BE IT FURTHER RESOLVED, that the City Council does hereby request the District to adopt SUA levies based on said amount. Wage l of 2 PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting held on the Yd day of April, .2000 by the following vote: AYES: Council Member Glover , Lewis , Quesada and Mayer Anzini NOES: Nene ABSTAINED: None ABSENT: Council Member Aiello C-�L- :t 4 A AA- Lori G. Anzini, Mayo ATTEST: C' Lillian J. Pride, City Clerk ' , Page 2 of 2 Resolution No. 00-9140 w 0 i uj w z r m P C44 ra ado 't"' MCQ 8 $. 8 . 8888 88 $ 82888 z c 4i tll u r"t R R It C4 i 9 Q cov a° r� °a� �9 hroc���ygnrpnh�ryt r- firp» osW cri h;,co c m h ��wi M � in w O h Ci ab a—for CC N � N M CS j f/3 tlQ e- t� Z'� cry {�i', r- `�' ctl }w� ewe-t0 �f•- i't CO!�`n� C7R aD _-�' 6� to 1 t — +fi cU CV hw t*S N ai r C? +�7i `" w V (6N � qG rN c7 J .J r LU LU Z W W h- M r9 sO C4 r.- us tit of ug s\t r9n o rw av P m to 0 U M 0 r • ron �va► a; mcr� tow o � r Zv) N � U ww a OFFICE OF THE CITY MANAGER Administrative Offices 65 Civic Avenue Pittsburg, CA 94565 MEMO: April 3, 2000 TO: Mayor and Council Members FROM: Jeffrey C. Kolin, City Manager SUBJECT: Stormwater Utility Area Equivalent Runoff Units (ERU's) for the 2000-2001 FY. BACKGROUND: The Federal Clean Water Act prohibits non-stormwater discharges from entering waters of the state. The City of Pittsburg is involved in a joint permit with 18 (soon to be 19, Oakley) total Cities, Contra Costa County, and the Contra Costa County Flood Control and Water Conservation District (District). This is known as the National Pollutant Discharge Elimination System (NPDES) Permit. The California Water (duality Control Board oversees our permit compliance, which requires co-permittees to reduce non-stormwater discharge to the maximum extent practicable. In 1993, the City of Pittsburg City Council adopted Resolution No. 937913 authorizing the County Board of Supervisors to hold a public hearing and adopt Ordinance No. 93047 establishing the Storm Water Utility Assessment Drainage Fee to finance the goals and activities of the NPDES permit program. A large portion cif this drainage fee is returned to the City as revenue to implement performance standards found in the Stormwater Management Plan. This plan ensures that the City complies with all requirements set forth in the NPDES permit. Examples of performance standards are street sweeping, code enforcement, construction inspections for discharges, public education, and citywide stormdrain inspection activities. The County also collects a small portion of the fee for administrative cost associated with collecting the fee. Cather portions of the fee are used towards funding group activities administered through the Clean Water Program, which is staffed by County Employees. The Stormwater Utility Area Agreement requires that the City provide the District with a determined rate assigned to a single ERU. The City of Pittsburg has maintained a rate of$24.00 since 1993 when the Stormwater Utility Area Agreement was incepted. The rate for FY 2000- Page 1 of 2 b 2001 is not proposed to be increased. The City has not had problems funding the program in the past with this rate. Although there may be a small increase in group activity cost for the upcoming fiscal year, staff believes the current amount of$24.00 with be sufficient to effectively run the program in a manner to comply with permit standards. RECt�M1ViRND►ATIUN: Adoption of the attached resolution establishing the stormwater utility fee of$24.00 per ERU for FY 2100-2001. Jeffre C. li ,'City Manager Report prepared Kenneth W. Strelo .5 Attaghments. Resolution No. 00-9140 Estimated Stormwater Utility Assessment Revenues in FY 00-01 (provided by County) Page 2 of 2 RESOLUTION NO. 3 - 00 COSS101i 1 R �Am A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING PARTICIPATION IN THE STOR31fiVVATER POLLUTION MANAGEMENT UTILITY DISTRICT AND AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2000101 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 1999 the City of Pleasant Hill, as a member of the Contra Costa Clean Water Program,received an NPDES permit which requires the implementation of its Stormwater Management Plan to minimize pollutants from entering 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 2000/01 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 . 17th day of &r 11 , 2000 by the following vote. AYES: Angeli, Brandt, Durant, Escover NOES: None ABSENT: Williamson CHARLES C. ESCOVER, Mayor ATTEST: ORIS P. NILSEN, City Clerk APPROVED AS TO FORM: DEBRA S. MARGOLIS, ity Attorney LUQ 'ITN RESOLUTION NO. 2000 - 33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO ESTABLISHING THE STORMWATER UTILITY ASSESSMENT RATE FOR FY 200012001 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(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 District has therefore established a stormwater utility assessment(SUA)to pay for the implementation and administration of the Stormwater Management Plan as requested by the City of San Pablo, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47 by the County; WHEREAS,prior to imposing any assessments within any public entity,the Contra Costa County Board of Supervisors must have authorization from the public entity as described in AB 2768; WHEREAS, the SUA and Program Group Costs Payment agreement between the City of San Pablo and the District requires that the City of San Pablo annually,by May 1,determine the rate to be assessed to a single Equivalent Runoff Unit(ERU) for the forthcoming fiscal year; WHEREAS, the City Council of the City of San Pablo adopted Resolution No. 93-21 in 1993, establishing a maximum SUA rate of$4500 per ERU; WHEREAS, it is the intent of the City of San Pablo to levy for fiscal year 2000-2001 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 1999/00, 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 ERU for Fiscal Year 2000/2001. 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$35.84 per ERU. Adopted this Yd day of April, 2000,by the following vote to wit: AYES: COUNCILMEMBERS Palmer, Gomes,Vigil NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS Wysinger, Brown ABSTAIN: COUNCILMEMBERS None ATTEST: APPROVED: /s/Genoveva Garcia Callaway _ /s/Barbara L. Vigil Genoveva Garcia Calloway, City Clerk Barbara L. Vigil,Mayor 1 hereby certify that the f oiri is a full, true d correct copy of I �c o00-33 3 Precious Perry,Deputy City Clerk Assistant Executive Secretary Sdc(J:\WP ILES\RESOS\npdes00)Apri13,2000(11:12AM) WffH RESOLUTION NO. 2000-55 � 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ESTABLISHING A RATE OF$28 PER EQUIVALENT RUNOFF UNIT FOR FY 2000/2001 FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PROGRAM AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) 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 & 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 the City of 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 single ERU for FY 2000/2001 shall be set at $28.00. BE IT FURTHER RESOLVED, that the City of San Ramon Council does hereby request the DISTRICT to adopt SUA levies based on said amount. PASSED, APPROVED,AND ADOPTED,this 11`h day of April, 2000 by the following vote: AYES: Councilmembers Hudson;Raab, Tatarka, Wilson and Mayor Kinney NOES: ABSENT: ABSTAIN: rt Kinney, Mayor tTTEST: J !9 laRzcC y _etEE�+� tlr�� rtc:, te¢ L �ult• tzi:x .zrt� �-utatr Copy dy M arlane, Ci lerk RESOLUTION NO. 00-24 '' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WALNUT CREED ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR.FY 2000/2001 AND REQUESTING THE CONTRA COSTA COUN'T'Y FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) program; and 'WHEP,EEAS, the City of Walnut Creek (CITY) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra Costa County Flood Control &Water Conservation District(DISTRICT)has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between CITY and DISTRICT requires that CITY annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Walnut Creek does determine that the rate to be assigned to a single ERU for FY 2000/2001 shall be set at $ 21.50. BE IT FURTHER RESOLVED, that the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. PASSED AND ADOPTED by the City Council of the City of Walnut Creek at a regular meeting thereof held on the 18th day of April 2000,by the following called vote: AYES: Councilmembers: Wolfe, Hicks, Mayor Abrams NOES: Councilmembers: None ABSENT: Councilmembers: Regalia, Rainey Isl Charlie Abrams Mayor of the City of Walnut Creek Attest: /s/ Barbara M. Rivara, CMC City Clerk of the City of Walnut Creek I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Walnut Creek, County of Contra Costa, State of California, at a regular meeting of said Council held on the 18th day of April 2000. Y . City Clerk of the City of Walnut Creek - ..................- ................ E Z ER WITH -A lll THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 18, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DeSAULNIER, CANCIAMILLA and GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2000/ 201 SUBJECT: ESTABLISH THE RATE PER EQUIVALENT RUNOFF UNIT FOR STORMWATER UTILITY AREA 17([.UNINCORPORATED COUNTY)FISCAL YEAR 2000-01 AND REQUEST THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM 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, 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between COUNTY and DISTRICT requires that COUNTY annually,by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU) for the forthcoming fiscal year in the unincorporated County; and Resolution 2000/201 CONSIDER WITH� 5110 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) } Hearing for Adoption of } Stormwater Utility Assessments } for Fiscal Year 2000-01, } Countywide } } I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited Mail with Contra Costa County Central Service for mailing by the United States Postal Service in Martinez, California, a copy of Resolution No. 2000/244 to: JACK.HALL LAURA HOFFMEISTER MELODY LaBELLA CITY OF ANTIOCH CITY OF CLAYTON CITY OF CONCORD P.O. BOX 5007 6000 HERITAGE TRAIL 1957 PARKSIDE DR MS/01 ANTIOCH CA 94531-5007 CLAYTON CA 94517 CONCORD CA 94519-2578 CHRISTINE McCANN BRUCE KING ERWIN BLANCAFLOR TOWN OF DANVILLE CITY OF EL CERRITO CITY OF HERCULES 510 LA GONDA WAY 10890 SAN PABLO AVE 111 CIVIC DRIVE DANVILLE CA 94526-1722 EL CERRITO CA 94530 HERCULES CA 94547 JULIA DOS SANTOS JIM ZUMWALT PETER BEKEY CIY OF LAFAYETTE CITY OF MARTINEZ TOWN OF MORAGA P.O. BOX 1968 525 HERIETTA ST K.CA ENGINEERS INC LAFAYETTE CA 94549-1968 MARTINEZ CA 94553-2394 318 BRANNAN STREET SAN FRANCISCO CA 94107 MARIA ROBINSON BOB GUTH KEN STRELO CITY OF ORINDA CITY OF PINOLE CITY OF PITTSBURG 26 ORINDA WAY 2121 PEAR STREET P.O. BOX 1518 ORINDA CA 94563 PINOLE CA 94564 PITTSBURG CA 94565 TODD TEACHOUT SCOTT CHRISTIE JANIE CAREY CITY OF PLEASANT HILL CITY OF SAN PABLO CITY OF SAN 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 ERIC WHAM CITY OF WALNUT CREEK PUBLIC WORKS P.O. BOX 8039 255 GLACIER DRIVE WALNUT CREEK.CA 94596 MARTINEZ CA 94553 I declare under penalty of perjury that the foregoing is true and correct, executed at 651 Pine Street. Martinez_ C'.afifnrnia BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFOIR IDR WITH AFFADAVIT OF MAILING In the Matter of Set Hearing for Adoptio* of Stormwater Utility Assessments foY Fiscal Year 200001, Countywide. I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States,over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid, a certified copy of Resolution No. 2000/244 to the following: DENNIS J. RAZZARI SEENO CONSTRUCTION CO. DAVIDON HOMES ATTN: GEORGIA OLVERA 1600 SOUTH MAIN STREET,#150 4021 PORT CHICAGO HWY. WALNUT CREEK CA 94596 P. 0. BOX 4113 CONCORD CA 9452.44113 JEFF LAWRENCE BRADDOCK&LOGAN 4155 BLACKHAWK PLAZA CIRCLE, STE. 201 DANVILLE CA 94506 GUY BJERKE HOME BUILDERS ASSN. OF NORTHERN CALIFORNIA P. O. BOX 5160 SAN RA.MON CA 94583-5160 DAVID LENNON ROBERT SELDERS HOFMAN COMPANY DIRECTOR OF FORWARD PLANNING P. 0. BOX 907 WESTERN PACIFIC HOUSING CONCORD CA 94522 1210 CENTRAL BOULEVARD BRENTWOOD CA 94513 I declare under penalty of perjury that the foregoing is true and correct. T)att-.A Mav ,I q_ ')Mn .-, 0+AA.�«t:.,�, l•a1:�F,,...:� I, Marie Sunseri, City Clerk of the'Town of Danville,hereby certify that this is a true and correct copy of Resolution No. 53-2000. Marie Sunseri, City Clerk 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 16, 2000,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2000/245 SUBJECT: Notification of Hearing to Consider Annexation to Flood Control District Drainage Area 76A and Adoption of Annual Benefit Assessments Alamo area. The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District,RECITES as follows: Sections 12.6 and 12.7 of the Contra Costa County Flood Control and Water Conservation District Act(West's Wat. Code App., §§ 63-12.6 and 63-12.7; referred to as the"Act")provide authority for the Board to conduct proceedings for the annexation of parcels or tracts of land to an existing drainage area. The Benefit Assessment Act of 1982 (Gov. Code, §§ 54703-54718)provides authority for the Board to propose for adoption annual benefit assessments for the purpose of funding the maintenance and operation costs of drainage and flood control services, as well as the cost of installation and improvement of drainage and flood control facilities. Section 4 of Article XIII D of the California Constitution(Right to 'Vote on Taxes Act) and Government Code Section 53753 (Proposition 218 Omnibus Implementation Act)provide a standard procedure for the approval and levy of special benefit assessments. As conditions of approval of their developments,the owners of the parcels described in Exhibit A attached hereto are required to annex their parcels for the purpose of funding the maintenance and operation costs of the drainage and flood control service provided to the parcels. The developers of Subdivision 8239 and Minor Subdivision 3-00 have requested that the proceeding for the annexation and adoption of annual benefit assessments be instituted by the Board for the parcels described in Exhibit A attached hereto. The Board has before it for consideration the above described petition, the boundary map and the engineer's report entitled"Engineer's Report for Annexation#3 to Contra Costa County Flood Control & Water Conservation District Drainage Area 76A." Said documents,which describe the area proposed to be annexed and which provide an estimate of the current annual maintenance and operation costs of the drainage and flood control services and the amounts of the proposed assessments, are on file with and may be examined at the Office of the Clerk of the Board of Supervisors, Administration Building, 651 Pine Street,Martinez, California. RESOLUTION NO. 2000/245 NOW, THEREFORE,the Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, FINDS and RESOLVES as follows: All of the foregoing recitals are true and correct,and the above-described petition complies with the requirements of Section 12.6 of the Act(West's Wat. Code App., § 63-12.6). It is proposed that the real property described in Exhibit A attached hereto be annexed to Drainage Area 76A,that the drainage area boundaries be changed accordingly,and that annual benefit assessments be levied against the real property described in Exhibit A attached hereto, as set forth in the above- described engineer's report. At 9:00 a.m. on July 11, 2000, in the Chambers of the Board of Supervisors, Administration Building, 651 Pine Street, Martinez, California,this Board will conduct a public hearing on the proposed annexation and change in drainage area boundaries and on the proposed annual benefit assessments. The Board DIRECTS the Chief Engineer of the Flood Control District to mail written notice of the hearing, in the form attached as Exhibit B,to the record owner of each identified parcel within the area described in Exhibit A. The notice shall include an assessment ballot in the form attached as Exhibit C and shall be mailed at least forty-five (45) days prior to the date of the public hearing. The Board FURTHER DIRECTS the Clerk of the Board to publish notice of the hearing, in the form attached as Exhibit B.pursuant to Sections 3.3 and 12.7 of the Act(West's Wat. Code App., §§ 63- 3.3 and 63-12.7), once a week for two (2)consecutive weeks prior to the hearing, with at least five(5) days intervening between the respective publication dates not counting such publication dates, in the Contra Costa Times, a newspaper of general circulation published in the drainage area. Publication shall be completed at least seven(7) days prior to the date of the public hearing. The Board FURTHER DIRECTS that, immediately before the hearing,the Chief Engineer shall tabulate the ballots. At the hearing, the Board will consider any objections or protests to the proposed benefit assessments and certify the tabulation of the ballots. The Board shall not impose the assessments if there is a majority protest. A majority protest exists if, upon conclusion of the hearing, ballots submitted in opposition to the assessments exceed the ballots submitted in favor of the assessments. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. At the conclusion of the hearing,the Board may adopt, revise, change, reduce, or modify the proposed assessments. RESOLiMON NO. 2000/245 At the hearing,the Beard will hear all persons interested in or affected by the proposed change in the drainage area boundaries, and will hear all relevant evidence for or against the annexation petition. At the conclusion of the hearing,the Board may annex all or part of the parcels proposed to be annexed. G:iGrpData\FldCtl\AdministrationlBoard Ordersl2000 BO\DA76A resp-8239.doc 1 hereby certify that this is a true and correct cpy of Orig.Dept:Public works(FC) an action taken and entered on the minutes of the cc: County Administrator Board of Supervisors on the date shown. Community Development ATTESTED: Ma16; 2000 Building Inspection HIL BATCHELOR,Clerk of the Board County Counsel f Superviso and Co7 Administrator County Assessor County Treasurer-Tax Collector County Auditor-Controller BY ,Deputy Chief Engineer(Public works) Flood Control Engineering Accounting Engineering Services RE,SOUITION NO. 2000/245 ENGINEER'S REPORT FOR ANNEXATION##3 TO CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 76A PREPARED BY THE STAFF OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 255 GLACIER.DRIVE MARTINEZ, CA 94553 May 2000 1. RECOMMENDATION It is recommended that the real property known as pending Subdivision 8239, and pending Minor Subdivision 3-00 (Assessor's Parcel Numbers 192-210-005 and 192- 210-012,respectively) in an unincorporated area of Contra Costa County be annexed into Contra Costa County Flood Control and Water Conservation District Drainage Area 76A, and that benefit assessments pursuant to Government Code Sections 54703 through 54718 be levied. 2. LOCATION: The drainage area is located in the Alamo area. The area is located northeast of the intersection of Miranda Avenue and Livorna Road. The site is bounded on the west and north by the City of Walnut Creek and on the east by the East Bay Regional Park District. The specific location is shown on Contra Costa County Flood Control and Water Conservation District Drawing D-12573. Boundary descriptions of the areas to be annexed are attached as Exhibit"A". 3. REASON FOR ANNEXATION: On December 1, 1987, Drainage Area 76A was established to provide a legal entity under which benefit assessments could be levied for maintenance of two detention basins. The basins were constructed because the creation of new impervious surface on previously undeveloped land downstream of the basins was expected to increase flows into Miranda Creek. The basins regulate storm water flowing into the creek in order to prevent the possibility of flooding. Subdivision 8239 and Minor Subdivision 3-00 benefit from this flood protection. It is equitable that all properties benefiting by the existence of the detention basins pay a fair share toward their annual maintenance. Therefore, Subdivision 8239 and Minor Subdivision 3-00 should be annexed to Drainage Area 76A. BENEFIT ASSESSMENT: The benefit assessments collected within Drainage Area 76A are used only for maintenance and operation of the regional detention basins, within the Flood Control District right-of-way limits. The annual benefit assessment amount for each Impervious Area Unit(one IAU equals 1,000 ft2) is the quotient of the total annual maintenance cost divided by the total IAU's in the drainage area. The annual benefit assessment for each lot is the product of the number of IAU's assigned to each lot times the annual benefit assessment per IAU. The annual benefit assessment is adjusted periodically to account for inflation and maintenance needs. The annual assessment cannot exceed $65.07 per IAU, the Maximum Assessment. The current fee is $10.15 per IAU, which equates to an average rate of$78.25/year per lot. Please refer to the Engineer's Report for the Establishment of the Contra Costa County Flood Control and Water Conservation District Drainage Area 76A approved by the Board of Supervisors on December 1, 1987 for additional information on the benefit assessment. 4. BENEFIT ASSESSMENT IMPLEMENTATION: It is recommended that Subdivision 8239 and Minor Subdivision 3-00 be annexed into Drainage Area 76A to provide a vehicle for maintenance and operation of the regional detention basins. It is recommended that: (1) assessments on the new lots be levied in the fiscal year following the filing of the final map creating them, (2)the legislative body(Board of Supervisors)may annually determine the cost of the services financed by the assessment and,by ordinance or resolution, establish the amount of the assessment, (3) a portion of the assessment may be used for maintaining a reserve fund equal to five times the estimated annual cost of the services; and (4)the annual assessment established by the Board of Supervisors shall not exceed a maximum of$65.07 per TAU(1,000 square feet of impervious surface), as adjusted annually to account for inflation. Table A Lot Size(Sq. Ft.) Impervious Area Annual Maximum Annual Units (I.A.U.)per Maintenance Assessment Limit lot Benefit Assessment (2) (1) 40,000 ft' and up 7.71 $78.25 $501.69 (1) Annual Assessment based on$10.15 per I.A.U. (2) Maximum Assessment is based on 1987 dollars and is subject to an annual increase due to inflation dating back.to 1987. GAGrpData\F1dCt1\CurDev\DA Annexations\AnnexationSub8239.doc May 9, 2000 Job No. 98201 AREA TO BE ANNEXED TO DRAINAGE AREA. 76-A EXHIBIT "A" The land referred to herein is situated in the State of California, County of Contra Costa, in an unincorporated area, and is described as follows: A portion of Rancho San Ramon, described as follows: Beginning at the intersection of the east line of the 21.42 acre parcel of land described in the deed to Darrell B. Edwards, et ux, recorded in Book 1320, of Official Records, Page 286 with the north line of the parcel of land described in the deed to Martha Mougin, recorded in Book 295, Official Records, Page 351; thence along the east line of said Daum parcel (1320 OR 286) North 20.518 meters; thence leaving said east line South 781 West, 236.976 meters to a 2" x 2" stake and tack; thence South 12°09' East, 154.699 meters to the north line of said Mougin parcel (295 OR 351); thence along said north line North 48115' East, 268.358 meters to the Point of Beginning. Containing 20.166 square meters, more or less. OSS/06 { No. 224;5 AN III-ZID- OIN-r of B�GIirJ�l�►J6 fou�� ► APS !9z APM 192.- 210- ow APS 1'70-0+7 3 SUED?�li5 t C7� qPM 112 - tr, f32 31 Ilk APA) 1q7.- 014 q2- 014 PO4 192--Z10-006 SO/ 166 5Q, MeTEF,5 AA tb- 2��-DIS S i206j' > i54.6cM ' , Af'Al tq2-► rig - A PN i 9 2 _ 2,V-00b! 2-30-01 IF H 1 IT m�� e No, 224-85 or f i ' � NI M 1! EXHIBIT "A " De®olt Civil Engineerings ' PLAT TO ACCOMPANY 8ii San Amon Valley Boulevard LEGAL DESCRIPTION Danville, California 9m ' �, EYC I IT `'A» AREA TO BE ANNEXED TO DRAINAGE AREA 76.E REAL PROPERTY SITUATED IN THE STATE OF CA,IFORNIA,COUNTY OF CONTRA COSTA,DESCRIBED AS FOLLOWS: A PORTION OF THE RANCHO SAN RAMON,MORE PARTICULARLY DESCRIBED AS FOLLOW: r COMMENCING V3 ' TRA COSTA COUNTY MONUMENT ON LIVORNA ROAD AT T3E ICTION OF LIVORNA HEIGHTS ROAD AS SHOWN AND SO DESCRIBEDCONTRA COSTA COUNTY PRECISE ALIGNMENT PLANS ROAD N ,DATED APRIL 30, 1968,FILE NO.4234A-68, SAID MONUMENTHCALIFORNIA COORDINATE SYSTEM OF 1983 COORDINATE OF NORTH 152,746.5208 AND EAST 475,567.1598 IN METERS; THENCE ALONG THE MONUMENT LINE OF LIVORNA ROAD AS SHOWN ON SAID PRECISE ALIGNMENT SOUTH 84034'02"EAST 53.322 METERS;THENCE LEAVING SAID MONUMENT LINE SOUTH 05°2558"WEST 12.802 METERS TO THE SOUTHERLY RIGHT OF WAY LINE OF LIVORNA ROAD AND THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING ALONG THE SOUTHERLY RIGHT OF WAY LINE OF LIVORNA ROAD THE FOLLOWING TWO COURSES: 1) SOUTH 84°'34'02"EAST 45.330 M]3TERS AND 2'a SOUTH 74°.29'35"EAST 23.826 METERS; THENCE LEAVING SAID RIGHT OF WAY LINE THE FOLLOWING FIVE-COURSES: 1) SOUTH 14°38':.1"WEST 135.664 METERS; 1 2) SOUTH 48°2:'08"WEST 113.337 METERS; 3)NORTH 00°55'22"EAST 112.471 METERS; 4) SOUTH 85°50"00"EAST 38.966 METERS AND 5)NORTH 05025'58" EAST 108.076 METERS TO THE POINT OF BEGINNDIG. ALL DISTANCJ;S ARE IN METERS. CONTAINING 1x:,590 SQUARE METERS OR 1.259 HECTARES MORE OR LESS. 98015/LAFCO LEGAL um VNMW . } i O r Z i N 152755.902. � 475468:5199 �` LIVORN `` POC ROAD S84Z4,02- 99.085 BASIS OF BE.4RINGS S84*34r02p 1 152736.2728 53.322 08.247 E 475674 9141 N 152746.:208 50°s'2a`58"w E 475567.1598 12.802 S84''J4'02- .+ 45.33 953 LIVORNA ROAD SCALE: ALAMO. CALIFORNIA 1: 1300 METERS 041C COUNTYOSTA 192 200-013 CO R APN 192,-210.1-012 192 A210-011 AN SASIS OF 9EASINGS= C3 r*THFifiwO MONUMENTS ON � , � / RNA ROAD AT L1VORNA HEIGHTS ROAD ON THE MONUMENT LINE AS SHOWN :'b � ON THE CON'T'RA COSTA APN COUNTY PRECISE ALIGNMENT APN 192-200- 052 ROAD NO. 4234A, DATED 192-210-006 65 50 10 0 CIO E APRIL 30, 1966, FILE NO. 38 966 4234A-68. BEARING TAKEN AS SOUTH 84'34!02" LANDS OF CARL AND EAST. JEANNE SPIL,KER AS It TRUSTEES OF THE APN ALL DISTANCES ARE IN � SPILKER FAMILY 192---200-054 METERS. THE COORDINATES SHOWN ARE THE TRUST CALIFORNIA COORDINATE r� X12,590 Square Meters MESTTERS.OF 1983 IN C5i � 1.259 Hectares o 192210 —020 5 1112—7 70-057 APN 192-210 -0051 APN ,U RYA, IHOuS'Nu COURT Subject PLAT WITH LEGAL DESCRIPTION PLANNERS SUITE 1011 CIVIL ENGINEERS Ism RlWtr�l. - "393 Job No. _98055.1 ALIQUOT SURVEYORS �- 0* By NIA_ Clete 3--8-00 Chkd. JLC SHEET — _ OF -1�. EXHIBIT "B" LEGAL NOTICE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT NOTICE OF PUBLIC HEARING The Board of Supervisors, as the governing body of the Contra Costa County Flood Control and Water Conservation District,has set 9:00 a.m. on July 11, 2000 in its chambers, County Administration Building, 651 Pine Street,Martinez, CA 94553, as the time and place for a hearing on proposed Annexation No. 3 to Drainage Area 76A and the proposed levy of benefit assessments for the area being annexed under the provisions of the Contra Costa County Flood Control and Water Conservation District Act and the Benefit Assessment Act of 1982, respectively. The above-described hearing concerns the annexation to Drainage Area 76A of Subdivision 8239 and Minor Subdivision 3-00 located in the Alamo Area. Precise descriptions are contained in the boundary descriptions. The boundary maps,boundary descriptions of the areas, and engineer's report have been prepared for the proposed annexation. These documents have been filed with the Clerk of the Board of Supervisors and are available for inspection at the Public Works Department Office, 255 Glacier Drive, Martinez, CA 94553. At the public hearing,the Board will hear all persons interested in or affected by the proposed change in the drainage area boundaries, will hear all relevant evidence for and against the petition, and will hear and consider all protests against the proposed benefit assessments. At the conclusion of the hearing, the Board may annex all,or part of the parcels proposed to be annexed, and may adopt, revise, change, reduce or modify the proposed benefit assessments. All persons interested in or affected by the proposed change in the drainage area boundaries may appear at the hearing and show cause why the change should not be made. At the hearing,the Board shall hear all relevant evidence for and against the petition. It is the Board's intention to levy annual benefit assessments upon the parcels proposed to be annexed. G:\GrpData\FldCtl\WORK\Annex Legal Notice Mst.doc EXHIBIT C Annexation of Subdivision 8239 into the Contra Costa County Flood Control and Water Conservation District Drainage Area 76A Assessment Assessment Ballot Assessor's Parcel Nos.: 192-210-005 Annexation of: Subdivision 8239 Record Owner: Gene R. and Pamela Y. Schmidt Address: 940 Reliez Station Lane Lafayette, CA 94549 Yes, I approve of both the proposed annual assessment of $10.15 per IAU and the maximum annual assessment of $65.07 per IAU on each of the parcels identified in this ballot. No, I do not approve of either the proposed annual assessment of $10.15 per IAU or the maximum assessment of $65.07 per IAU on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date GAGrpData\FIdCti\W0RK\EXHIBIT C Mst.doc 12120199 EXHIBIT C Annexation of Minor Subdivision 3-00 Into the Contra Costa County Flood Control and Water Conservation District Drainage Area 76A Assessment Assessment Ballot Assessor's Parcel Nos.: 192-210-012 Annexation of: Minor Subdivision 3-00 Record Owner: Carl and ,Jeanne Spilker, Tre Address: 15370 Bear Club Dr. Sonora, CA 95370 Yes, I approve of both the proposed annual assessment of $10.15 per lAU and the maximum annual assessment of $65.07 per lAU on each of the parcels identified in this ballot. No, I do not approve of either the proposed annual assessment of $10.15 per lAU or the maximum assessment of $65.07 per lAU on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date G.\GrpData\FIdCt1\WORMEXHIBIT C Mst.doc 12120/99