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Home My WebLink AboutMINUTES - 06032003 - C.38 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE SHIU, CHIEF ENGINEER DATE: JUNE 3, 2003 SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2003-2004, COUNTYWIDE SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ACCEPT the Chief Engineer's report for the adoption of Stormwater Utility Assessments for Fiscal Year 2003-2004 for Stormwater Utility Areas Numbers 1 through 18; 2. ACKNOWLEDGE receipt of resolutions requesting adoption. of Stormwater Utility Assessments for Fiscal Year 2003-2004 from the following municipalities and corresponding Stormwater Utility Areas: Antioch Hercules Pinole Walnut Creek Clayton Lafayette Pittsburg Unincorporated Contra Costa County Concord Martinez Pleasant Hill Oakley Danville Moraga San Pablo El Cerrito Orinda San Ramon Continued on Atltaehment: X SIGNAT _-`1.ECOMMENDATION OF COUNT ADMI S R �RECOMMENDATION OF BOARD CONI E _ APPROVE OTHER SIGNATURE (S): ACTION OF BOAFM ON JUNE 03, 2003APPROVED AS RECOMMENDED" OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct xx UNANIMOUS (ABSENT NONE } copy of an action taken and entered on the minutes of AYES: NOES: the Board of Supervisors on the date shown. ABSENT: ABSTAIN: ATTESTED: ,JUNE 0,, 2003 DISTRICT III SEAT VACANT JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator DHEIM G:\GrpData\FldCtl\SWUF\Annual Fee Adopt\FY 03-041130 Set Hrg adopt SUA.doc Orig,Div:Public Works Flood Control By ' ,Deputy Contact: Linda Martinez-(925)313-2279 c: Greg Connaughton,Public Works County Assessor County Auditor-Controller County Counsel Treasurer-Tau Collector File copy SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR.2003-2004, COUNTYWIDE DATE: JUNE 3,2003 PAGE: 2 of 3 I. Recommended Action (cont.): 3. FIX June 24, 2003, at 9:30 a.m.. in the Board chambers as the time and place for the Public Hearing to adopt the attached Resolution adopting the Stormwater Utility Assessments for Fiscal Year 2003-2004 for said areas. II. Financial Impact: The proposed assessments for Stormwater Utility Areas 1 through 18 will provide approximately $12,913,829 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. The current five-year permit from the San Francisco Regional Water Quality Control Board began in September 1999. Public education on pollution prevention, inspection of construction sites, as well as commercial and industrial facilities, street sweeping, catch basin cleaning and other forms of drainage maintenance are examples of actions taken to meet Permit requirements. An Annual Report is written each year to summarize accomplishments. The Contra Costa Clean Water Program is currently in its second Joint Municipal Stormwater NPDES Permit from the San Francisco Regional Water Quality Control Board and received its second five year permit from the Central Valley Regional Water Quality Control Board for the cities of Antioch, Brentwood, Oakley and unincorporated East County in June, 2000, The Permit includes, for each municipality, a Stormwater Management Plan outlining intended activities designed to reduce or eliminate pollutants from entering the storm drain system. The Regional Boards indicated the need for a restricted funding source to finance implementation costs. In order to meet this need, Contra Costa County proposed legislation providing a financial option for municipalities to use through the Contra Costa County Flood Control and Water Conservation District. The bill, AB 2768 (Campbell), was passed by the legislature and signed by Governor Pete Wilson on August 30, 1992. The legislation specifically allowed a municipality to request formation of a Stormwater Utility Area and an assessment to pay for implementation costs. SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR.2003-2004, COUNTYWIDE DATE: JUNE 3,2003 PAGE: 3 of 3 The Board of Supervisors, acting as the Contra Costa County Flood Control and Water Conservation District, provided public notice to all affected property owners before the establishment of the Stormwater Utility Areas on June 22, 1993, creating 17 Stormwater Utility Areas. This 1993 Board action also set the first-year assessment rates for each Stormwater Utility Area, as well as maximum rates. Assessments were collected for Fiscal Year 1993-94 through 2000-01. On May 9, 2000, the Flood Control District separated the City of Oakley from Stormwater Utility Area 17. The City of Oakley was established as Stormwater Utility Area 18 at that time and assessments were collected for Fiscal Year 2000-2001. IV. Consequences of Negative Action: If the proposed assessments for Fiscal Year 2003-2004 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. 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 June 24, 2003 by the following vete: AYES: NOES: ABSENT: ABSTAIN: RESOLUTION NO.2003/ SUBJECT: Adoption Of Stormwater Utility Assessments For Fiscal Year 2003-04, For Stormwater Utility Areas No. 1 Through 18, Countywide. Project No. 4500- 6X7072-CDD CP#95-37. The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control& Water Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act,hereinafter referred to as Act,provides authority for said Governing Body to establish Stormwater Utility Areas,and adopt ordinances and resolutions for Stormwater Utility Assessments; and This Board on June 22, 1993, established Stormwater Utility Areas 1-(Antioch), 2-(Clayton), 3- (Concord),4-(Danville), 5-(El Cerrito),6-(Hercules),7-(Lafayette), 8-(Martinez),9-(Moraga), 10- (Orinda), 11-(Pinole), 12-(Pittsburg), 13-(Pleasant Hill), 14-(San Pablo), 15-(San Ramon), 16- (Walnut Creep), 17-(Unincorporated County),and on May 9,2000 established Stormwater Utility area 18-(Oakley). These areas consist of that real property located in the incorporated limits of the cities indicated and the unincorporated County; and On June 3, 2003, this Board set a public hearing to consider adoption of Stormwater Utility Assessments for Fiscal Year 2003-04, for Stormwater Utility Areas No. 1 through No. 18; and On June 24,2003,pursuant to the Board's Resolution of June 3,2003,this Board held a hearing to consider the proposed Stormwater Utility Assessments, and at that time all written and oral objections presented concerning the proposed Stormwater Utility Assessments for Fiscal Year 2003- 2004 were considered; and It appears from the affidavits of publication on file with this Board that all notices regaired to be given for such a hearing have been duly and regularly given and all procedures to be followed have been followed, all in accordance with Sections 11 and 12.8 of Act and in accordance with the provisions of the Board's Resolution of June 3, 2003; and DE:lm G:\GrpData\FldCtl\SwUF\Annual Fee Adopt\FY 03-04\Res SUA.doc I hereby certify that this is a true and correct Copy of an Contact: Linda Martinez (925}3 f 3-2279 it.Dept:Public works(FC) action taken and entered on the minutes of the Board of Co c: County Administrator Supervisors on the date shown. County Assessor(certified copy) County Auditor/Controller(certified copy) ATTESTED: County Counsel JOHN SWEETEN Clerk of the Board of Supervisors County Treasurer/Tax Collector P Public works: and County Administrator Greg Connaughton,Flood Control Cece Sellgren,Engineering Svcs By ,Deputy RESOLUTION NO. 2003/ RESOLUTION NO. 26-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING PARTICIPATION IN THE STORMWATER POLLUTION MANAGEMENT UTILITY DISTRICT AND AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND NATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2003/04 FEE FOR PLEASANT HILL'S STORM'WATER UTILITY AREA WHEREAS, the Federal Water Pollution Control Act requires that stormwater discharges in urbanized areas be regulated by a National Pollution Discharge Elimination System (NPDES) permit;and WHEREAS, in 1993, the Contra Costa County Flood Control and Water Conservation District established a Storm.'Water Utility Area at the request of the City of Pleasant Hill to provide funds to implement requirements of the NPDES permit by adopting the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, in 1999, the City of Pleasant Hill, as a member of the Contra Costa Clean Water Program, received an NPDES permit which requires the implementation of its Stormwater Management Plan to minimize pollutants from entering creek waters; and WHEREAS, the Stormwater Utility and the Contra Costa Clean Water Program Group Costs Payment Agreement between the City of Pleasant Hill and the Contra Costa County Flood Control and Water Conservation District requires the City of Pleasant Hili to annually renew its participation in the Stormwater Pollution Utility District and authorize the Contra Costa Flood Control and dater 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);and WHEREAS, it is the intent of the City of Pleasant Hill to utilize funds received from its Stormwater Utility Area for complying with NPDES permit conditions (preventing stormwater pollution)and performing drainage system maintenance activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that; I. The City Council desires to continue participation in the Stormwater Utility District and determines that the rate to be assigned to a single ERU for fiscal year 2003/04 shall be set at$30. 2. The City Council authorizes the Contra Costa Flood Control and Water Conservation District to adopt Stormwater Utility Fees on behalf of the City of Pleasant Hill. 3. The City of Pleasant Hill shall continue to participate in the implementation of the permitted Stormwater Pollution Control Program and agrees to provide support and to share costs associated with the implementation of group activities. ADOPTED by the City Council of the City of Pleasant Hili at a regular meeting of said Council held on the 21st day of Apri l ,2003,by the following vote: AYES: Durant, Escover, Harris, Williamson, Angell NOES: None ABSENT: None i\ AN E or ATTEST: DORIS P. NILSEN, Citi Clerk APPROVED AS TO FORIM: pl'F .TRU E DEBRA S. NIAEZGOLIS,Ci ttormy Y!,T0DMNPDESINPDES403 reso.doc 3. The City of Pleasant Hill shall continue to participate in the implementation of the permitted Stormwater Pollution Control Program and agrees to provide support and to share costs associated with the implementation of group activities. ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of said Council held on the 21st day of April ,2403,by the following vote: AYES: Durant, Esoover, Harris, Williamson, Angeli NOES: None ABSENT: None AN E or ATTEST: DORrS P.NILS-M, Cit�Clerk APPROVED AS TO `ORM: TRUE COPY DEBRA S. MARGOLIS,Ci ttomey YWYOMEASANTH1u Y.\T0DD\NPDES\NPDES403 reso.doc RESOLUTION NO. 2003-045 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO ESTABLISHING THE STORMWATER UTILITY ASSESSMENT RATE FOR FY 2003/04 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) PERMIT ACTIVITIES FOR THE CITY OF SAN PABLO. WHEREAS, under Federal Nater Pollution Control Act, prescribed discharges of municipal stormwater require a Permit from the San Francisco Regional Water Quality Control Board under the National Pollutant 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) authorizes the Contra Costa County Flood Control District to establish, by resolution, stormwater utility areas within the District, as prescribed, and to impose, except as specified within AB 2768, an annual assessment within a stormwater utility area in conjunction with the NPDES program on behalf of the City of San. Pablo; 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 an 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$45.00 per ERU; C:%Dccuments and Set6ngs\kamteevkU a i Set6i,gs\Tempomiy inumiet Hes\OLK5\SL1AR.ES0!DOC WHEREAS, it is the intent of the City of San Pablo for fiscal year 2003-2004, to retain the same stormwater utility assessment rate on parcels of property within the limits of the City of San Pablo as for the previous fiscal year, 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 $42.00 for each ER 11 for Fiscal Year 2003/04. 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 $42.00 per ERU. Adopted this 21 st day of April 2003,by the following vote to wit: APES: COUNCILMEMBERS Gomes, Morris, Calloway, Vigil and Brown NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None ATTEST: APPROVED: /s/Ted J. Denney /s/ Sharon J. Brown Ted J. Denney, City Clerk Sharon J. Brown, Mayor CMccuments and Settingslkaralaev\Looal Sett`ngs\.Temponw,Inn ret Hes%0LK5\SUARBS0 I.DOC RESOLUTION NO. 2003-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ESTABLISHING A RATE OF$35 PER EQUIVALENT RUNOFF UNIT FOR FY 2003/2004 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) stormwater program; and WHEREAS, the City of San Ramon (City) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City of San Ramon to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES stormwater program and drainage maintenance activities; and WHEREAS, at the request of the City of San Ramon, the Contra Costa County FIood Control and Water Conservation District (District) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment Agreement between the City of San Ramon and the District requires that the City of San Ramon annually, by April 17, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU)for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Ramon does determine that the rate to be assigned to a single ERU for FY 2003/2004 shall be set at $35.00. BE IT FURTHER RESOLVED, that the City Council does hereby request the District to adopt SUA levies based on said amount. PASSED, APPROVED, AND ADOPTED, this 8`h day of April, 2003 by the following vote: AYES: Counciltnembers Cambra, Dickey, Hudson, Tatarka and Mayor Wilson . NOES: ABSENT: ABSTAIN: -- � n A!tTEST: H. Abram Wilson, Mayor I hweby certify that this is a fall,true and arcurate copy of 't a Resolution adopted by the Cit, dy Maarlane, Cit ; Jerk Coundl f the Qty of San Ramose on Ll ty Clerk F RESOLUTION NO. 03-18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WALNUT CREED. ESTABLISHING THE CLEAN WATER PROGRAM RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2003/2004 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System(NPDES)program; and WHEREAS, the City of 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 2003/2004 shall be set at $35.00. BE IT FURTHER RESOLVED, that the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. PASSED AND ADOPTED by the City Council of the City of Walnut Creek at a regular meeting thereof held on the I Sth day of April 2003, by the following called vote: AYES: Councilmembers: Rainey, Hicks, Abrams, Mayor Regalia NOES: Councilmembers: None ABSENT: Councilmembers: None /s/ Gwen Regalia Mayor of the City of Walnut Creek Attest: /s/Barbara M. Rivara, CMC City Clerk of the City of Walnut Creek I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Walnut Creek, County of Contra Costa, State of California, at a regular meeting of said Council held on the 15th day of April 2003. City Clerk of the City of Walnut Creek ........................................... Attest: is/Barbara M. R.ivara CMC City Clerk of the City of Walnut Creek I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Walnut Creek, County of Contra Costa, State of California, at a regular meeting of said Council held on the 15th day of April 2003. City Clerk of the City of Walnut Creek TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE SHIU,CHIEF ENGINEER DATE: APRIL 15,2003 SUBJECT: Adopt Resolution Requesting Flood Control District To Adopt Annual Parcel Assessment For The County's Clean.Water Program I. Recommended Action: 251 ADOPT Resolution 2443!**** establishing an equivalent runoff unit(ERU)rate of$30 for unincorporated County areas and request the Contra Costa County Flood Control and Water Conservation .District to ADOPT an annual parcel assessment for drainage maintenance and the National Pollutant Discharge Elimination System Program(NPDES)for u ' corporated areas. Continued on Attachment: x SIGNATURE: w'�RECOMMENDATION OF COUNTY ADMINISTRAT R RECOMMENDATION OF BOARD COMMITTEE .'APPROVE OTHER SIGNATURE(S):- --ACTION OF BOAM ON APRjT. 1 ,_20fik� APPROVED AS RECO?VLMENDED x OTHER I hereby certify that this is a true and correct copy of an VOTE OF SUPERVISORS action taken and entered on the minutes of the Board of xx UNANIMOUS(ABSENT Npnt:-� Supervisors on the date shown. AYES: NOES: ABSENT: ABSTAIN: DISTRICT III SEAT VACANT` ATTESTED: APRIL 15, 200.E JOHN SWEETEN,Clerk of the:Board of Supervisors and County Administrator GC:LIDS.c}d By------- Deputy G:\GtpData\FldCtl\Administration;Board Orders\2003 130\13d order Adopt CCC 47 BKU.doc Orig.Div:Public Works(FCD) Contact: Linda Martinez,(925)313-2279 cc: County Administrator County Counsel County Auditor Controller Public Works G.Connaugbton,Flood Control Accounting &Wright,Clean Water PIry SL 3JECT: Adopt Resolution Requesting the Contra Costa.County Flood Control and Water Conservation District to Adopt Annual Parcel Assessment for the County's Clean Water Program. DATE: APRIL 15,2003 PAGE. 2 of 3 II. :Fiscal Impact: No impact to the General Fund. The 2003-2004 rate per ER.LT is the same as that set for fiscal year 2002-2003. Therefore,there will be no change in rate for unincorporated County property owners. The unincorporated area of Contra Costa County will produce approximately $2,700,000, which will be used to implement the unincorporated County's Clean Water Program. III. Reasons for Recommendations and Background: The Clean Water Program consists of the County, Contra Costa cities and the Flood Control District working together to prevent,reduce or eliminate the discharge of pollutants into the storm drain system, including creeps and other natural waterways. The Clean Water Program was established in response to changes in the Federal Clean Water Act. The Program is known at the federal level as the National Pollution Discharge Elimination System Program (NPDES) for Municipal Stormwater Owners. In order to be in compliance with the current NPDES permit, Clean Water Program participants implement a Stormwater Management Plan stipulating a set of activities and a performance or service level. The Stormwater Management Plan is a major component of the Joint Municipal NPDES Stormwater Permit with the California Regional Water Quality Control Boards and is paid for with stormwater utility fee assessments. Adoption of the attached resolution will begin the annual process of assessment adoption. Each year by May 1, the cities and the County determine the rate to be charged within their jurisdiction. The Board of Supervisors is being asked to set a rate of$30 for one equivalent runoff unit in the unincorporated County areas and to request the Flood Control District (District) to adopt the stormwater utility assessment. (The District is the only entity under state law with legal authority to assess this particular assessment.) The Public Works Department coordinates the Clean Water Program for the County. Examples of how the assessment is being spent in the current year include: General drainage maintenance to remove debris and sediment from County storm drain systems, flood control channels and creeks. Targeted street sweeping throughout the county. Work with County Building Inspection and Public Works inspectors and construction companies/contractors to reduce construction contaminants, such as paint,cement, oil/fuels and soil erosion from entering storm drains and creeks. SUBJECT: Adopt Resolution Requesting the Contra Costa County Flood Control and Water Conservation District to Adopt Annual Parcel Assessment for the County's Clean Water Program. DATE: APRIL 15, 2003 PAGE: 3 of 3 Encourage Planners and the development community to use new designs that will reduce contaminated stormwater runoff. Educate the public on the benefits of reducing pesticides and other toxic household product use and their proper disposal. Educate County Engineers and Maintenance staff on flood control design, construction and maintenance practices that protect water quality and preserve natural watershed habitats. Inspection of industrial and commercial businesses for evidence that spill prevention, equipment maintenance and cleaning, waste handling and disposal, and other business practices are done in a manner which minimizes stormwater contamination. IV. Consenuenees of NeLative Action: If the rate per ERU is not set for the coming fiscal year, funds will not be available for the County's Clean Water Program to comply with the Joint Municipal NPDES Stormwater Permit. The Regional Water Quality Control Boards have the authority to issue fines of up to $10,000 per day against those municipalities that do not comply with the Permit and fail to implement their Stormwater Management Plans. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution on April 15, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE DISTRICT III SEAT VACANT ABSTAIN: NONE RESOLUTION NO. 2003/251 SUBJECT: ESTABLISH the rate per equivalent runoff unit for Stormwater Utility Area 17 (unincorporated County)for Fiscal year 2003-04 and request the Contra Costa County Flood Control and Water Conservation District to ADOPT an annual parcel assessment for drainage maintenance and the National Pollutant Discharge Elimination System Program. (NPDES) The Board of Supervisors of Contra Costa County RESOLVES THAT; WHEREAS,under Federal Water Pollution Control Act,prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System.(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(BMP's)to minimize or eliminate pollutants from entering stormwaters; and I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. G:IGrpData\F]dCtl\Administration\Board Orders12003 Boladopt Res SUA 17 ERU.c Originator. Public Works(FC) Contact: Linda Martinez(925)313-2279 ATTESTED: APRIL 15, 2003 County Administrator County Counsel JOHN SWEETEN,Clerk of the Board of Supervisors and County Auditor Controller County Administrator Public Works c: G.Connaughton,Flood Control Accounting ` S.Wright,Flood Control By� Deputy RESOLUTION NO. 2003/251 SUBJECT: ESTABLISH EQUVALENT RUNOFF UNIT RATE FOR STORMWATER UTILITY AREA 17(UNINCORPORATED COUNTY)FOR FISCAL YEAR 2003/2004 AND REQUEST CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT ANNUAL PARCEL ASSESSMENT. DATE: APRIL 15, 2003 PAGE: PAGE 2 of 2 WHEREAS, it is the intent of the COUNTY to utilize funds received from its Stormwater Utility Area(SUA)for implementation of the NPDES Program and drainage maintenance activities;and WHEREAS,at the request of the COUNTY,the Contra Costa County Flood Control and Water Conservation District (DISTRICT)has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance NO. 93-47; and WHEREAS,the SUA and Program Group Costs Payment agreement between COUNTY and DISTRICT requires that COUNTY annually,by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year in the unincorporated County; and NOW, THEREFORE BE IT RESOLVED, that the COUNTY Board of Supervisors of the COUNTY of CONTRA COSTA does determine that the rate to be assigned to a single ERU for fiscal year 2003-04 shall be set at$30. BE IT FURTHER RESOLVED,that the COUNTY Board of Supervisors does hereby request the DISTRICT to adopt SUA 17 levies based on said amount. RESOLUTION NO. 2003/251 I hereby certify that this is a true and accurate copy of Resolution No. 21-03 adopted on April 28, 2003 by the City Council of the City of Oakley and on file in the City Clerk's Office at 3039 Main Street, Oakley, California Linda odriguez Todd, Dep ; Cit erk RESOLUTION NO. 21-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 200312004 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 (NPDES) program; and WHEREAS, the City of Oakley 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 Oakley 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 Oakley, the Centra 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 Gusts Payment agreement between the City of Oakley and DISTRICT requires that the City of Oakley ,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 AND ORDERED, that the City Council of the City of Oakley does determine that the rate to be assigned to a single ERU for FY 200312004 shall be set at $25.00. BE IT FURTHER RESOLVED, that the City Council of the City of Oakley does hereby request the DISTRICT to adopt SUA levies based on said amount. The City Clerk shall certify the passage and adaption of this Resolution and enter it into the book of original resolutions. PASSED AND ADOPTED this 28th day of April, 2003 by the following vete: Resolution No. 21-03 1 AYES: Anderson, Nix, Rios, Huffaker NOES: None ABSTENTIONS: None ABSENT: Vanek APPROVED: r ATTEST: CITY CLERK Resolution No. 21-03 2 SUBJECT: Adaption of Stormwater Utility Assessments for Fiscal Year 2003-04, for Stormwater Utility Areas No. 1 through 18,Countywide. DATE: June 24, 2003 PANE: 2 of 2 This Board has received copies of resolutions approved by a majority of the members of the city councils,town councils,and Board of Supervisors representing the geographic areas of Stormwater Areas No. 1 through No. 18,and said resolutions request that this Board adopt the annual assessment rate denoted herein for their jurisdiction for Fiscal Year 2003-04. This Board found that the activity, adoption of Stormwater Utility Assessments and adjustments based on equivalent runoff units are not subject to the California Environmental Quality Act(CEQA) pursuant to Article 5, Section 15061(b)(3)of the CEQA guidelines on June 13, 1995. A Notice of Exemption was filed on June 14, 1995. This Board FINDS that the proposed assessment rate for each Stormwater Utility Area does not exceed the maximum annual assessment rate established for the area; and This Board, in accordance with Ordinance No. 93-47, ADOPTS by this resolution annual assessments for Fiscal Year 2043-04 within Stormwater Utility Area No. 1 through No. 18 based on the following rates per ERU for each area: Assessment Rate per Stormwater Utility Area(SUA) Equivalent Runoff Unit SUA No. 1 (Antioch) $23.00 SUA No. 2 (Clayton) $29.00 SUA No. 3 (Concord) $35.00 SUA No. 4 (Danville) $25.00 SUA No. 5 (El Cerrito) $30.00 SUA No. 6 (Hercules) $35.00 UA No. 7(Lafayette) $35.00 SUA No. 8 (Martinez) $30.00 SUA No. 9 (Moraga) $35.00 SUA No. 10 (Orinda) $35.00 SUA No. 11 (Pinole) $35.00 SUA No. 12 (Pittsburg) $24.00 SUA No. 13 (Pleasant Hill) $30.00 SUA No. 14 (San Pablo) $42.00 SUA No. 15 (San Ramon) $35.00 SUA No. 16 (Walnut Creek) $35.00 SUA No. 17 (Unincorporated County) $30.00 SUA No. 18 (Oakley) $25.00 This Board hereby DIRECTS the Chief Engineer to file with the County Assessor and the County Auditor/Controller a list of the parcels subject to the assessment levied for Fiscal Year 2003-04;and This Board hereby DIRECTS the Clerk of the Board to file with the County Assessor and the County Auditor/Controller a certified copy of this resolution. RESOLUTION NO. 20031 ENGINEER'S REPORT FOR THE ADOPTION OF FISCAL YEAR 2003-04 ASSESSMENTS FOR CONTRA COSTA COUNTY FLOOD CONTROL AND WATER"CONSERVATION DISTRICT STORMWATER UTILITY AREAS NOS. 1 THROUGH 18 Prepared by the Staff of the Contra Costa County Flood Control and Water Conservation District 255 Glacier thrive Martinez, CA 94553 May 20013 1. RECOMMENDATION: It is recommended that: a. The Stormwater Utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 2003- 2004 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 starrnwater E�zsting ERU Propc�sad Ei Aria Maximum Utilify Area Nd. EtU Rats: Rate for'F R�tte,.ftr i=Y 04, 1 Antioch $25.00 $21.00 $23.00 2 Clayton $29.00 $29.00 $29.00 3 Concord $35.00 $35.00 $35.00 4 Danville $30.00 $25.00 $25.00 5 El Cerrito $38.00 $30.00 $30.00 6 Hercules $35.00 $24.00 $35.00 7 Lafayette $35.00 $35.00 $35.00 8 Martinez $30.00 $30.00 $30.00 9 Moraga $35.00 $20.00 $35.00 10 Orinda $35.00 $35.00 $35.00 11 Pinole $35.00 $35.00 $35.00 12 Pittsburg $30.00 $24.00 $24.00 13 Pleasant Hill $30.00 $30.00 $30.00 14 San Pablo $45.00 $42.00 $42.00 15 San Ramon $35.00 $30.00 $35.00 16 Walnut Creek $35.00 $22.50:1:$35.00 2. NATIONAL POLLUTANT DESCHARGE ELIMINATION SYSTEM NPDES PROGRAM. Congress adopted the Federal Water Pollution Control Act generally referred to as the Clean Water Act in 1972. It specifically prohibits the discharge of any pollutants (e.g., herbicides, pesticides, oil, grease, etc.) to the "navigable waters of the United States."The initial focus of the Clean Water Act 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 forstormwater 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 GC:Am 2 GAGrpData\F1dCt11SWUF\Annua1 Fee Adopt\FY 03o041Engineer Report2.doe 05/20/03 necessary resources and develop the most cost-effective program to comply with these federally mandated requirements. One of the requirements of the NPDES permit process is to identify funding sources for implementation of the program activities. The Contra Costa Clean Water Program Management Committee identified the formation of stormwater utilities as the most practical method for meeting the funding requirements. Sixteen city councils and the County Board of Supervisors adopted resolutions requesting the District form a Stormwater Utility Area for their city territory. The governing board of the District established Stormwater Utility Areas 1 through 17 on June 22, 1993, and Area 18 on May 9, 2000. 3. STORMWATER UTILITY: A stormwater utility is similar to other utilities. It has a purpose, a geographic boundary, and a method for spreading the utility costs to benefiting properties or recipients. The purpose of the stormwater utility is to fund the implementation of the NPDES program activities required by the permit and the maintenance of the government owned storm drain systems. In development of the stormwater utility legislation, the construction of capital improvements was excluded as a purpose. Stormwater utility assessment revenues can only be spent on the 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 Engineers 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 2003-04: Indicated below are the estimated budgets for each stormwater utility area. The District's administration and collection costs are estimated at $1.80 per parcelwhich includes the County Tax Collectors line item cost for the tax bills. Each year, the District provides city staff with an estimate of the number of ERUs assessable in the new year. The agency corresponding with each Stormwater Utility Area then prepares a budget for their NPDES and drainage maintenance program for the forthcoming fiscal year. Using this budget, plus the estimated cost for entity administration and assessment collection, city staff calculates the required ERU rate by dividing the estimated total cost by the estimated ERUs in the Stormwater Utility Area. The agency governing board approves the rate and requests the District approve and implement the desired assessment. The ERU rate in future years can not exceed the maximum rate shown in Section 1(a) without completing the public notice/hearing process required by SB 1977 (Bergenson) and Proposition 218 (California Constitution, Article XIII D, Section 4). 3 GC:lm GAGrpDatd\F1dCt1\SWLT\Annua1 Fee Adopt\FY 03-041Engineer ReportUoc 05/20/03 PROJECTED EXPENDITURES Gro N �rstr�ct Storinwtr P > ES" Agency Tic Aercy COSt�undir " NPD S Adrntrt/ Utility Area. Ccslle tic3n ' Col1 Ct tt Tota" 1 Funding" Cast Cost 1 Antioch $263,120 $629,488 $12,225 $23,055 $927,890 2 Clayton $29,931 $94,481 $2,151 $3,550 $130,114 3 Concord $337,131 $1,502,232 $15,284 $29,404 $1,985,051 4 Danville $117,003 $320,945 $7,048 $12,724 $457,720 5 El Cerrito $53,943 $233,758 $4,048 $7,131 $308,880 6 Hercules $54,828 $185,754 $3,479 $5,638 $250,699 7 Lafayette $56,392 $374,396 $4,012 $6,981 $451,781 8 Martinez $99,861 $543,844 $5,544 $10,322 $559,671 9 Moraga $44,896 $235,450 $2,961 $4,751 $288,058 10 Orinda $48,570 $310,228 $3,178 $5,708 $357,585 11 Pinole $52,923 $249,270 $3,232 $5,325 $310,750 12 Pittsburg $152,988 $423,328 $7,447 $12,440 $506,203 13 Pleasant Hill $90,745 $384,307 $5,154 $9,389 $489,595 14 San Pablo $84,079 $303,510 $2,919 $5,235 $395,743 15 San Ramon $125,845 $737,824 $7,743 $13,201 $884,614 16 Walnut Creek $179,314 $1,020,494 $10,585 $19,035 $1,229,428 17 Unincorporated County $422,298 $2,324,223 $24,356 $41,029 $2,811;916 18 Oakley $71,154 $276,893 $3,364 $6,612 $358,023 TOTAL: $2,315,022 $10,251,425 $125,841 $221,541 $12,913,829 (1) Agency funding for NP[DES includes storm drain system maintenance and contingency costs. GCAm 4 GAGrpData\FldCtt\SWUF\Annual Fee Adopt\FY 03-04\Engineer Reportldoc 05/UM __ _..... 5. ESTIMATED STORMWATER UTILITY ASSESSMENT REVENUES IN!`Y 2003-04: Indicated below are the estimated revenues for Fiscal Year 2003-04 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 2003-04 assessment is on file with the Clerk of the Contra Costa County Board of Supervisors. PROJECTED ERU RATES and REVENUES StormwAter Prr�pz�sed Utllt Ares. A enc hlum.ber of Estimated y ± Y ERU Rate fj ERUs No FY 2iaeyetut 1 Antioch 40,343 $23.00 $927,890 2 Clayton 4,487 $29.00 $130,114 3 Concord 56,716 $35.00 $1,985,051 4 Danville 18,309 $25.00 $457,720 5 EI Cerrito 10,296 $30.00 $308,880 6 Hercules ::7,:163 $35.00 $250,699 7 Lafayette 12,908 $35.00 $451,781 8 Martinez 21,989 $30.00 $659,671 9 Moraga 8,231 $35.00 $288,068 10 Orinda 10,505 $35.00 $367,685 11 Pinole 8,879 $35.00 $310,750 12 Pittsburg 25,258 $24.00 $606,203 13 Pleasant Hill 16,320 $30.00 $489,595 14 San Pablo 9,422 $42.00 $395,743 15 San Ramon 25,275 $35.00 $884,614 16 Walnut Creek 35,127 $35.00 $1,229,428 17 Unincorporated County 93,731 $30.00 $2,811,916 18 Oakley 14,321 $25.00 $358,023 TOTAL: 419,278 ::::::::]:$�12,913,829 GC:Im 5 GAGrpDataT1dCtASWUF\Mnaa1 Fee Adopt1FY 03-041Engineer Reportldoe 05/20/03 Exhibit A Phil Hoffineister Laura Hoffineister Jeff Rouba€ City of Antioch City of Clayton City of Concord P. O. Box 5007 6000 Heritage Trail 1455 Gasoline Alley Antioch, CA 94531 Clayton, CA 94517 Concord, CA 94519 Mike Vogan Christine McCann Bruce King - City of Concord Town of Danville City of E€ Cerrito 1455 Gasoline Alley 510 La Gonda Way 10890 San Pablo Ave. Concord, CA 94519 Danville, CA 94526 El Cerrito, CA 94530 Erwin Blancaflor Donna Feehan Tim Tucker City of Hercules City of Lafayette City of Martinez 111 Civic Drive 3001 Camino Diablo 525 Henrietta St. Hercules, CA 94547 Lafayette, CA 94549 Martinez, CA 94553 John Nelson Bob Dunn Jason Vogan City of Martinez Town of Moraga City of Oakley 525 Henrietta St. 1355 Willow Way #280 3633 Main St. Martinez, CA 94553 Concord, CA 94520 Oakley, CA 94561 Maya Rappaport Bill Mattick Ken Strelo City of Orinda City of Pinole City of Pittsburg 52 Charles Hill Road 2131 Pear Street 65 Civic Ave. Orinda, CA 94563 Pinole, CA 94564 Pittsburg, CA 94565 Todd Teachout , Angela El-Telbany Scott Christie City of Pleasant Hill City of San Pablo City of San Pablo 100 Gregory Lane One Alvarado Square One Alvarado Square Pleasant Hill, CA 94523 San Pablo, CA 94806 San Pablo, CA 94806 Maria Robinson Rinta Perkins Steve Wright- City of San Ramon City of Walnut Creek Contra Costa County P. O. Box 5148 P. O. Box 8039 255 Glacier Drive San Ramon, CA 94583 Walnut Creek, CA 94596 Martinez, CA 94553 GAGrpDetetFfdC4lt8 VUF\AmuW Fee AdopNFY 03-04kExhibg A.doc RESOLUTION NO. 2003151 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2003104 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under the Federal Clean Water Act, prescribed discharges of storm water require a permit from the appropriate California Regional Water Quality Control Board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of Antioch (CITY) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering storm waters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Storm Water Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra Costa County Flood Control &Water Conservation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Storm Water Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between CITY and DISTRICT requires that CITY, by April 17, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Antioch does determine that the rate to be assigned to a single ERU for FY 2003/04 shall be set at twenty- three dollars ($23.00). BE IT FURTHER RESOLVED, that the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 8th day of April, 2003, by the following vote: AYES: Council Members Kalinowski, Davis and Conley NOES: Council Member Simonsen ABSTAIN: Mayor Freitas ABSENT: None 4/1 L, JOLENE MARTIN, City Clerk RESOLUTION NO. 10-2003 A RESOLUTION ESTABLISHING THE RATE PER EQUIVILANT RUN-OFT UNIT (ERU)FOR FY 2003-2004 ANTI►REQUESTING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM THE CITY COUNCIL City of Clayton, California WHEREAS, under the Federal Water Quality Act, 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 local drainage maintenance activities; and WHEREAS, at the request of the City, the Contra Costa County Flood Control District and Water Conservation District(District)has completed the process for the formation of a SUA,including the adoption of the Stormwater Utility Assessment Drainage Ordinance No.93-47; and WHEREAS, the SUA and Program Group Costs payment agreement between the City and the District requires that the City of Clayton annually,by May 1, determine the rate to be assigned to a single ERU for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED that the City Council of Clayton, California does hereby determine that the rate to be assigned to a single ERU for FY 2003-04 shall be set and assessed at$29.00. Resolution No. 10-2003 1 April 15,2003 BE IT FURTHER RESOLVED,that the City Council of Clayton,California,does hereby request the Contra Costa Flood Control and Water Conservation District to adopt the SUA levies based on the above established rate. Adopted by the City Council of the City of Clayton,California at a regular meeting held on April 15, 2003,by the following vote: AYES: Councilmember Manning,Shuey,Walcutt,Vice Mayor Pierce and Mayor Laurence. NOES: None. ABSENT: None. Approved by: Peter A.Laurence,Mayor ATTEST: Rhonda Basore,City Clerk I hereby certify that Resolution Nis. > was duly and regularly passed by the ity" F Council o#3 the City Qf Clayton at a regular meeting held on Rhoui a It Basore,City C'lerk Resolution No. 10.2403 2 April 15,2003 COPY I BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA 2 A Resolution Authorizing the Contra Costa County Flood 3 Control & Water Conservation District to Establish an Annual Parcel Assessment for FY 2003-04 for Drainage 4 Maintenance and the National Pollutant Discharge Elimination System Program Resolution No.03-7 5 I 6 WHEREAS,under the Federal Water Pollution Control Act, (33 U.S.C. Section 1342(p)), 7 certain municipal storm water discharges require a permit from the appropriate federal or state 8 authorities pursuant to the National Discharge Elimination System.(NPDES)Program; and 9 WHEREAS,the City of Concord, in conjunction with other affected jurisdictions within 10 Contra Costa County, applied to the State Regional Water Quality Control Board and received a Joint 11 NPDES Permit to develop a Storm Water Management Plan; and 12 WHEREAS,Assembly Bill 2768 (West's Water Code Appendix, Section 63-12 and 63-12.9) 13 authorizes the Contra Costa Flood Control and Water Conservation District (District) to establish 14 storm water utility areas and to impose annual benefit assessments for the purpose of carrying out the 15 activities required under the NPDES program; and 16 WHEREAS,the District has completed the process for formation of a Storm Water Utility 17 Area (SUA), including the adoption of Ordinance No. 93-74, Storm Water Assessment Drainage; and 18 WHEREAS,the SUA and Program Group Costs Payment Agreement between the City of 19 Concord and District requires the City of Concord, annually by May 1, to determine the rate to be 20 assessed to a single Equivalent Runoff Unit(ERU) for the forthcoming fiscal year; and 21 WHEREAS,the City Council adopted Resolution 93-14, which established the range of 22 annual assessment to be imposed by the District within the SUA not to exceed$35 per ERU. 23 /I 24 Ii 25 /I 26 27 28 // Res.No.03-7 1 - I NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF CONCORD DOES 2 RESOLVE AS FOLLOWS: 3 Section 1. The annual assessment to be imposed by the District within the SUA shall be 4 $35.00 per ERU for fiscal year 2003-04, and shall not exceed a maximum of$35.00 per ERU for 5 subsequent fiscal years. 6 Section 2. The City Council requests the.District to adopt storm water utility area levies based 7 on said amount. 8 Section 33. This resolution shall become effective immediately upon its passage and adoption. 9 PASSED AND ADOPTED by the City Council of the City of Concord on February 11, 2003, 10 by the following vote: I I AYES: Councilmembers - S. Bonilla, L. Hoffineister, B. McManigal,H. Allen 12 NOES: Councilmembers -None 13 ABSTAIN: Councilmembers -None 14 ABSENT: Councilmembers -M. Peterson 15 I HEREBY CERTIFY that the foregoing Resolution No. 03-7 was duly and regularly 16 adopted at a regular joint meeting of the City Council and the Redevelopment Agency of the City of 17 Concord on February 11, 2003. 18 Mary Rae Lehman City Cleric 19 20 By 21 Elaine .�Boehm�eCM�-C 22 Deputy City Clerk 23 APPROVED AS TO FORINT: i certtty that this is a true COPY of a dcxurrsent on fila in this oftire. 24 / sr Deputy ty cledc 25d,Cadiforitia Craig Labad e 26 City Attorne 27 28 cc: CCC Flood Control &'Nater Conservation District Res.No.43.7 2 T, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that this is a true and correct copy of Town Council Resolution No. 37-2003. Marie Sunseri,City Clerk RESOLUTION NO. 37-2003 AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2003.04 FEE FOR THE TOWN'S STORMWATER U`T'ILITY AREA WHEREAS,the Federal Water Pollution Control Act requires dischargers of stormwater to obtain a National Pollutant Discharge Elimination System(NPDES) permit from the San Francisco Regional Water Quality Control Board; and WHEREAS,Danville has joined 19 other Contra Costa County cities,plus the County and the Contra Costa County Flood Control and Water Conservation District to secure the required NPDES permit effective through fiscal year 1999-2004; and WHEREAS,the Town complies with the NPDES permit requirements by operating a local Stormwater Pollution Control Program (SPCP) and implementing Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, the funding necessary to implement this permit has been established at a range of$22-$30 per Equivalent Residential Unit(ERU) through the Stormwater Utility Assessment(Town of Danville Resolution No. 24-93); and WHEREAS,said assessment rate must be set each year by the Town Council; and WHEREAS, the Town Council appoints the City Engineer, or his/her designee, as its official representative to the Contra Costa Clean Water Program; and WHEREAS,the Town Council wishes to continue to participate in the SPCP program and continue to fund the program through the assessment of individual properties; now, therefore, be it RESOLVED, that the Danville Town Council authorizes continuance of the Stormwater Utility Assessment to be set at$25 per ERU for all properties within Danville. APPROVED by the Danville Town Council at a regular meeting on April 15,2003,by the following vote: AYES: Arnerich, Doyle, Greenberg, Stepper NOES: Shimansky ABSTAINED: done ABSENT: None MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK. PAGE 2 OF RESOLUTION NO. 37-2003 RESOLUTION 2003-35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ESTABLISHING THE RATE AND ADOPTING AN ANNUAL PARCEL ASSESSMENT FOR THE DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM (NPDES) WHEREAS,under Federal Water Pollution Control Act,prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS,the City of El Cerrito did apply for,and did receive,a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City of El Cerrito to utilize funds received from its Stormwater Utility Area (SUA)for implementation of the NPDES program and drainage maintenance activities;and WHEREAS,at the request of the City of EI Cerrito,the Contra Costa County Flood Control&Water Conservation District(DISTRICT)has completed the process for formation of a SUA,including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS,the SUA and Program Group Costs Payment agreement between the City of El Cerrito and DISTRICT requires that the City of El Cerrito annually,by May 1,determine the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito does determine that the rate to be assigned to a single ERU for FY 2003-2004 shall be set at$301.00. 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 FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on April 21, 2003 the City Council of the City of EI Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: Abelson, Brusatori, Moore, Potter, Friedman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Nene IN W ITNESS of this action,I sign this document and affix the corporate seal of the City of EI Cerrito on April 21,2003. a M. Giddings, Clerk APPROVED: 5,f�TIFFIED k TRUE copf'-, �Mayor Mark Friedman, ' �' Cerrifo, CA U;,Jt LCJr LG.".1.� 1G. JCJ l�lCJf 7y SLi+� 4Ui'+1 11r_v rltm'UL-tx`3 ... ... I"HL7t ULI G.9 RESOLUTTON N.0 page 2 of'3 RESOLUTION NO. 03- CONTINUING THE RATE PER. EQUIVALENT RUNOFF UNIT FOR FY 2043-04 AT $35.00 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ADOPT AN .ANNUAL PARCEL ASSESSMENT FOR. DRAIGAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS. under Federal Water Pollution Contxol 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 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 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., deternxine that the rate to be assessed to a single Equivalent Runoff Unit(ER.U) for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Hercules does determine that the rate be assigned to a single ERU for FY 2403-04 shall be set at $35.00. BE IT FURTHER RESOLVED, that the City Council for the City of Hercules does hereby request the District to adopt SUA levies based on said amount. 5/24/2003 05'/213/2003 10:50 15107998249 CUM DEV HLKUULE R.ESfOLUTION N1. 0 P%gc 3 of 3 The foregoing Rcsolution was duly and regularly adopted at the regular meeting of the City Council of the City of HercWcs held on the 27th of May.. 2003 by the following vete of the Council. AYES: NOES: ABSENT: ATTEST: d calico, Mayor Doreen Mathews, City Clea 1slmystitslwkgfldrlcum-r�cnlficso-ContRtttrRvnnff 5/20/2003 BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE MATTER OF: Establishing the Rate per Equivalent Runoff Unit for ) RESOLUTION NO. 2003-019 Fiscal Year 2003-2044 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 Storrnwater 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 2003-2404 shall be set at $35 (thirty-five 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 April 14,2003,by the following vote: AYES: Federighi, Horn, Anduri and Tatzin NOES: None ABSENT: Samson ABSTAIN: None APPROVED: ATTEST: Carol Federighi,Mayor 1�6anne Robbins,City Clerk RESOLUTION NO. 042-03 ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR 2003-2004 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 selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra Costa County Flood Control and Water Conservation District (DISTRICT) formed a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 9347; and WHEREAS, the Stormwater Utility Area and Program Group Costs Payment agreement between the CITY and the DISTRICT requires that the CITY annually, by May 1, determine the rate to be 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 2003-2004 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. Z 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 23r day of April, 2003 by the following vote: AYES: COUNCILMEMBERS DeLaney, Kennedy, Wainwright, Vice Mayor Ross and Mayor Schroder NOES: None ASSENT: None 5 RICHARD G. HERNANDEZ, CIT LERIC CITY OF MARTINEZ t I HEREBY CERTIFY that this instrument is a true m W correct copy of dw original an Me in this ofte. RICHARDG.HERNANDE4Com'+CLEM MY-10F UAjtTV= _ f� BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA A Resolution of the Town Council of the } Town of Moraga Establishing the Rate per } Resolution 13- 2003 Equivalent Runoff Unit for FY 2003-2004 } At$35.00 and Requesting the Contra Costa } County Flood Control and Water } Conservation District to Adapt 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 1937, prescribed discharges of stormwater require a permit from the appropriate C lifornia 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'Ufility 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$35.00 will provide sufficient funds to undertake the FY 2003- 2004 program needs. NOW; THEREFORE, BE IT RESOLVED that the Town Council of the Town of Moraga dues determine that the rate to be assigned to a single ERU for FY 2003-2004 shall be set at $35.00. 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 23rd day of April, 2003, by the following vote: AYES: Mayor Lori Landis, Councilmember Dale Walwark and Councilmember Mike Majchrzak NOES: Vice Mayor Dennis Cunnane and Councilmember Jerry Karney ABSTAIN: None ABSENT: None ova[ `89 1—Nis 0% Mayor F ATTEST Over— Carol J. Lau, Town Clerk ADOPTED by the Town Council of the Town of Moraga on the 23rd day of April, 2003, by the following vote. AYES; Mayor Lori Landis, Councilmember Dale Walwark and Councilmember Mike Majchrzak NOES: Vice Mayor Dennis Cunnane and Councilmember Jerry Kamey ABSTAIN: None ASSENT: done `— -- 6 T Mayor ATTEST Ope, =' ,Carol J. Lau, Town Clerk ' BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of. Establishing the Rate per Equivalent } Runoff Unit for.Fiscal Year 2003/04, ) and requesting the Contra Costa ) County Flood Control and Water } Conservation District to Adopt an } Resolution No. 23-03 Annual Parcel Assessment for ) Drainage Maintenance and the ) National Pollutant Discharge ) Elimination System Program ) WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality control board, under the National Pollutant Discharge Elimination System (NPDES)program;and WHEREAS, the City of Orinda did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices (BMPs) to minimize or eliminate pollutants from entering storm waters; and WHEREAS, it is the intent of the. City of Orinda to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City of Orinda, the Contra Costa County Flood;Control and Water Conservation District ("District") has completed the process as required in order to form an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93- 47; and WHEREAS, the SUA and Program Group Costs Payment Agreement between the City of Orinda and the District requires that the City of Orinda annually,by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby determine that the rate to be assigned to a single ERU for FY 2003/2004 shall be set at $35.00. BE IT FURTHER RESOLVED that the City of Orinda does hereby request the District to adopt SUA levies based on said amount. Resolution No. 23-02 Pagel of 2 ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on April 15, 2003, by the following vote: AYES: COUNCfLMEMBERS: Hawkins, Tabor, Wheatland, Worth,Abrams NOES: COUNCTLMEMBERS: None ABSENT: COUNCTLMEMBERS: None Laura Abrams, Mayor ATTEST: ith A.Hansen, City Clerk CERTIFIED TR E COPY City Clerk City of Orirtda, CA Resolution No, 23-02 Page 2 of 2 ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held an April 15, 2003, by the following vote: AYES: COUNCILMEMBERS: Hawkins, Tabor, Wheatland, Worth,Abrams NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Laura Abrams, Mayor ATTEST: a4"- a. :Lk2ia� 61ith A. Hansen, City Clerk CERTIFIED f{jQ/�J TR E COPY DITH A. HANSEN ity Clerk City of Orinda, CA Resolution No. 23-02 Page 2 of 2 BEFORE THE CITY COUNCIL OF THE CITY OF PINOLE COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA In the Matter of Maintaining ) Establishing Storrawater Utility Equivalent ) Runoff Unit Rate for Fiscal Year 2003/2004 ) RESOLUTION NO. 119-2003 WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the. National Pollution Discharge Elimination System(NPDES)program, and WHEREAS,the City of Pinole did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS,it is the intent of the City of Pinole to utilize funds received from its Stormwater Utility Area(SUA)for implementation of the NPDES program and drainage maintenance activities; and WHEREAS,at the request of the City of Pinole,the Contra Costa County Flood.Control& Water Conservation District(DISTRICT)has completed the process for formation of a SUA, including the adoption of the Stormwater.Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between the City of Pinole and the DISTRICT requires that the City of Pinole annually determine the rate to be assessed to a single Equivalent.Runoff Unit(ERU)for the forthcoming fiscal year. NOW THEREFORE BE IT RESOLVED,by the Pinole City Council that it does 2003/2404 shall be set at$35.40. BE IT FURTHER RESOLVED,by the Pinole City Council that it does hereby request the DISTRICT to adopt SUA levies based on said amount. P-\a&RX AVn&Pwkds,Cau xM2003tAg I5%-VPDES 03.04$RLQ Raes.&c PASSER AND ADOPTED this 15th day of April 2003 by the following vote: AYES: COUNCILMEMBER.S: Boyle,Horton,Murray, &Alegria NOES: COUNCILMEMBER.S: None ABSENT: COUNCIGMEMBERS: Cole ABSTAIN: COUNCILMEMBERS: None D rWN C.AB SOFT, CMCIAAE DEY CITY RK I hereby certify that the foregoing is a true and correct copy of the ori ina document on fine in the City Ciews office, Cs#y of Pinole, Contra Costa County,State tai 6111 viiia. j ; Da .Abrahsiinsa .9Cisrkcifth*CityhfPinole Date: - R-\axRx lg-&?wkkcu\cot w%T2CQ3vP rfl inemS o3-w ARt7 Ra t&d c BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of. Resolution No. 03-9806 Resolution of the City Council of the } City of Pittsburg Establishing the } Rate Per Equivalent Runoff Unit } for FY 2003/2004 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 l WHEREAS, under Federal Water Pollution Control Act{Clean Water Act}, prescribed discharges of stormwater require a permit from the appropriate California Regional Water Quality Board under the National Pollutant Discharge Elimination System {NPDES} program; and WHEREAS, the City of Pittsburg (City) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area {SUA}for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City, the Contra Costa County Flood Control & Water Conservation District{District} has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No, 93-47, and WHEREAS, the SUA and Program Group Costs Payment agreement between City and District requires that City annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit {ERU} for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg does determine that the rate to be assigned to a single ERU for FY 2003/2004 shall be set at$24.00. BE IT FURTHER RESOLVED that the City Council of the City of Pittsburg hereby establish the City's ERU rate to be $24.00 and requests the District to adopt SUA levies based on said amount. Page 1 of 2 PASSED, AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 21sT day of April, 2003 by the following vote: AYES: Council Member Rios, Parent, Kee, Glynn & mayor Beals NAYES: None ABSTAINED: None ABSENT None v nne Beax, Mayor ATTEST: r� Lillian J. Pride, City Clerk Page 2 of 2 April 28, 2003 State of California County of Contra Costa City of Pittsburg 1,Alice E. Evenson, Deputy City Clerk in and for said City Council, City of Pittsburg, County of Contra Costa, State of California, do hereby certify that the hereto attached and foregoing document is a full, true and correct copy of Resolution No. 03-9806, on file in this office of said City, adopted at a regular meeting of the City Council of the City of Pittsburg on April 21, 2003. WITNESS, my hand, and Official Seal this 281h day of April, 2003. Alice E. Evenson Deputy City Clerk PROOF OF PUBLICATION {2015.5 C.C.P.} STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, �J and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands {give in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934.Case Number 19764. The notice,of which the annexed is a printed copy(set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit; June 7, 13 all in the year of 2003 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, Californi On this 1 y o Jun , 2 03 Signature Contra Co a Times POBox 4147 Walnut Creek, CA 94596 f925)935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) PUBLIC HEARING CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CO VERATION DISTRAMORT NES,IER CAALIIFFOGLACRNIA NOTICE OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FIS- CAL YEAR 2063-2004 FOR STORMWATER UTILITY AREAS NO.1 THROUGH 18,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 Cast&County Flood Control and Water Conservation District Act, thereinafter referred to as Act,provides authori- ty for said BBody to est Governing Body Stormwater Utility Areas, and adopt ordinance for Stormwater Utility As- sessments;and The Board on June 22, 1993,estatfIts hed Stormwater Utillty Areas, 1(Antioctt).2CClayton,3 ((Concord)4(banvilie),5 (Et Cerrito,6(Hercules), 7(Lafayette),8 (Martinez)9(MoraSta), 10 RI .3,11(Pl.,Xx 12 Plttsburg 22 Pabto)15(Slam Ramon), 16(Walnut Creek) 17 (Unincorporated Gtounty), and on May 9,2600 estab- areeaa(Oakley).orrnwatTheser e Utility areas consist of the real property located in the incorporated limits of the Cities indicated and the unincorporated County: and This Board also has be- fore It the Chief En new's report prowl inp an estimate of cost of the National Pot rd Dis- charggee Elimination Sys- tem(NPDES)permit ac- tivities to be borne by property in the Individual Stormwater Utility Areas. This report will be on file within 30 days of the public hearing to adopt FY 2003-2004 Stormwater UtiaitY Assessments and may be examined ai the office of the Clerk of the Board of�rvisorrss,, Administration Bullautg, Martinez,California. It is proposed the Stormwater Utility As- sessments for Fiscal Year 2003.2004 be adopted for Stormwater turo gh 1slnd Ares At 9:36 am.on June 24, 0, 20in the chambers of the Board of Supervisors, rtn � iioMartie&ilCai Building,this Board w conduct a pub- tie hearing on the adopp- tion of Fiscal Year 2003- 2004 Stormwater Utility Assessments.At the hearinq this Board of Superyisors,Administra- tion Building,Martinez, California,this Board will conduct a public hearing on the adoption of Fiscal Year 2003-2004 Stormawater Utility As- sessments,At the hear Eng,this Board will hear at) pass upon any and all written and oral ob- jections to the adoption of the proposed Fiscal Stormwer Utility�As- ses sments. Uon i tt eslon rdof themayabaindan the proposed actions,or proceed wlth the same. The Exterior boundaries of the 5tormwater tttIRK Areas include lands w In the cities Indicated above. John Sweeten,Clerk of the Board of Supervisors and County Administrator Deputy Cmy lerrktp Date:June 2003 Legal CCT 62 publish June 7,a 2003 LEGAL PUBLICATION REQ ISTION � • Contra Costa County From: Clerk of the Board To: Contra Costa Times 651 Pine St.,.Room 106 i PO Box 5124 Martinez, CA 94553 !Walnut Creek, CA 94596 Requested by: EMY L. SHARP Date:JUNE- 0>3 , 2003 Phone No: 925-335-1903 Reference No: 861 Org: 4500 Sub Object: 2190 Task: -SAS Activity: 6X7048 Publication .Date (s): JUNE b6, 2003 AND NNE 18, 2003 No. of Pages: (2) LEGAL PUBLICATION- HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2003-2004 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 18, COUNTYWIDE. **"Immediately upon expiration of publication,'"" send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. 10FAX ONLY AVAILABLE" Authorized Signature: _ Please confirm date of publication & receipt of this fax. By telephone please. i Contra Costa County Flood Control And Water Conservation District 255 Glacier Drive, Martinez,, California PUBLICATION OF NOTICE OF HEARING NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STtORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2003-2004 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 13,CCOUNTYVIIIDE, 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 Bendy 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), 6 (El Cerrito), 6 (Hercules), 7 (Lafayette), 8 (Martinez), 9 (Moraga), 10 (OrInda), 11 (Pinole), 12 (Pittsburg), 13 (Pleasant Hill), 14 (San Pablo), 16 (San Ramon), 16 (Walnut Creek), 17(Unir=rporated County),and on May 9,2000 established Stormwater Utility area 18 (Oakley). These areas consist of that real property located In the incorporated limits of the cities indicated and the unincorporated County;and This Board also has before It the Chief Engineer's report providing an estimate of the cost of the National Pollutant Discharge Elimination System (NPDES) permit activitles to be borne by property In the Individual Stormwater utility Areas. This report will be on file within 30 days of the public hearing to adopt FY 2003-2004 Stormwater Utility Assessments, and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that Stormwater Utility Assessments for Fiscal Year 2003-2004 be adopted for Stormwater Utility Areas 1 through 18;and At 9;30 a.m. on ,tune 24, 2003, In the Chambers of the Board of Supervisors, Administration Building, Martinez, California, Itis Board will conduct a public hearing on the adoption of Fiscal Year 2003-2004 Stormwater Utility Assessments, At the hearing, this Board will hear and pass upon any and all written and oral objections to the adoption of the proposed Discal Year 2003- 2004 Stormwater Utility Assessments, Upon conclusion of the hearing,the Board may abandon the proposed actions,or proceed with ft same. The exterior boundaries of the Stormwater Utility Areas include lands within the Cities indicated above. Jahn Sweeten, Clerk of the Board of 5upervlsors and County Administrator BY Erny Sharp Deputy Clark BATE: JUNE, 03, 2003 DATES OF PUBLICATION, June Ob 2003 ,lune 13 1003