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HomeMy WebLinkAboutMINUTES - 05252004 - C19-C21 TO. BOARD OF SUPERVISORS, AS GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND'WATER CONSERVATIONT DISTRICT y FROM: MAU'RICE SHIU, CHIEF'ENGINEER � DATE: MAY 25, 2004 SUBJECT: SET HEARING FOR ADOPTION OF STORMI WATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2004-2005, COUNTYWIDE (ALL DISTRICTS) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) &BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ACCEPT the Chief Engineer's report for the adaption of Stormwater Utility Assessments for fiscal year 20042005 for Stormwater Utility Areas Numbers 1 through 18; 2. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments for fiscal year 2004-2005 from the following municipalities and corresponding Stormwater Utility Areas: Antioch" Hercules Pinole" Walnut Creek Clayton: Lafayette'' Pittsburg -.Unincorporated Centra Costa County Concord/ Martinez,` Pleasant Hill�-� Oakley Danville-' Moraga San Pablo .. El Cerrito ' Orinda San Ramon. Continued on Attachment: X SIGNATURE. --RECOMMENDATION OF COUNTY AT1►MINIS'TRA R RECOMMENDATION OF BOARD COMMITTEE --APPROVE OTHER SIGNATURE(S)N" ACTION OF B6 ON i"UNE 25, 2004 APPROVED AS RECOMMENDED xx 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 AWES: NOES: the Board of supervisors on the date shown. ABSENT: ABSTAIN: ATTESTED: MAY 25, 2004 JOHN SWEETEN,Clerk of the Board of supervisors and County Administrator GC:LM:cw :i:\Gi-pData\.$4ldCtl\Administration\Bcard Orders \2004 BO\FO Set Frg adopt SUA.doc :rig.Div:Pubic works Flood Control By r Deputy Contact. Linda Martinez-(925)313-2279 c: Greg Connaughton,Public Works County Assessor County Auditor-Controller County Counsel Treasurer-Tax Collector File copy SUBJECT: SET NEARING FOR ADOPTIGINT OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL,YEAR 2004-2005, COUNTYWIDE (ALL, DISTRICTS) DATE: MAY 25, 2004 MAGE: 2 IRecommended Action (cont.): 3. ADOPT the attached Resolution, and FIX June 22, 2004, at 9:30 a.m. in the Board chambers as the time and place for the Public Nearing on the adoption of Stormwater Utility Assessments for fiscal year 20042005 for said areas. II. Financial lmnact. The proposed assessments for Stormwater Utility Areas 1 through 18 will provide approximately $13,167,490 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 (-N. PDES) Permit issued by the State Regional Water Quality Control Board. This Permit is federally mandated through the Clean Nater Act, which was amended in 1987 to specifically address storrnwater 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 (duality 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. 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 25, 2004,by the following vote: AYES: SUTERVISORS GIOIA, UILK&MA, GREEN-BERG, DESA7u'LNIER kND GLOVER NOES: NIODE ABSENT: Naz- ABSTAIN: NONE RESOLUTION NO. 2004/283 (Test Water Me 77p Ch. 63 See. 12.2 and 12.3) SUBJECT: Notification Of Hearing To Consider The Adoption Of Stormwater Utility Assessments For Fiscal Year 2004-2005 For Stormwater Utility Areas No. I Through 18, Countywide. (All Districts) 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 Stonnwater 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 (El Cerrito), 6 (Hercules), 7 (Lafayette), 8 (Martinez), 9 (Moraga), 10 (Orinda), I I (Pinole), 12(Pittsburg), 13(Pleasant Hill), 14(San Pablo),15(San Ramon), 16(Walnut Creek), 17 (Unincorporated County), and on May 9, 2000, established Stormwater Utility area IS (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 activities 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 Fiscal Year 2004-2005 Stormwater Utility Assessments and maybe 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 2004-2005 be adopted for Stormwater Utility Areas 1 through 18; and I hereby certify that this is a true and correct copy of an GC:LM:cw action taken and entered on the minutes of the Board of G:\C-pData\FldCtMdrr.i-.iistrat,*on\Board Orders Supervisors on the date shown. \2004 BO UA notice reso.doc Orig.Dept:Public Works(FC) Contact: Linda Martinez (925)313-2279 ATTESTED: MAY 25, 2004 cc* County Administrator JOHN SWEETEN,Clerk of the Board of Supervisors County Assessor and County Administrator County Auditor/Controller County Counsel County Treasiawfrax Collector Public Works:Greg CDnnaughton,Flood Control By ass — Deputy RESOLUTION NO. 20041283 SUBJECT: Notification Of Hearing To Consider The Adoption Of A Stormwater Utility Assessment For Fiscal Year 2004-2005 For Stormwater Utility Areas No. 1 Through 18, Countywide. (All Districts) DATE: May 25, 2004 PAGE: 2 At 9:30 a.m. on June 22, 2004, 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 2004-2005 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 Fiscal Year 2004-2005 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 2004-2005 Stormwater Utility Assessments. Publication shall be completed at least seven(7) days before said hearing and said notice shall be given for a period of not less than twenty(20) days. The exterior boundaries of the Stormwater Utility Areas include lands within the cities indicated above. The Clerk of the 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. RESOLUTION NO. 2004/283 ENGINEER'S REPORT FOR THE ADOPTION OF FISCAL YEAR 2004-05 ASSESSMENTS FOR CONTRA COSTA COUNTY FLOOD CONTROL AIDC WATER CONSERVATION DISTRICT ST RMWATER UTILITY ALFAS NOS. I THROUGH 18 Prepared by the Staff of the Contra Costa County Flood Control and Water Conservation District 255 Glacier [give Martinez, CA 94553 April 2004 1. RECOMMENDATION: it is recommended that: a. The Stormwater utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 2004- 2005 be adopted for the Contra Costa County Flood Control and Water Conservation District Stormwater Utility Areas (SUA) for the fallowing incorporated and unincorporated areas: PROPOSED VS. EXISTING ERU RATES Stormwater Maximum Area Proposed II U Area Mate for FY Rate far FY Utility Area No. ERR mate 2003-04 2004-45 1 Antioch $25.00 $23.00 $25.00 2 Clayton $29.00 $29.00 $29.00 3 Concord $35.00 $35.00 $35.00 4 Danville $30.00 $25.00 $27.50 Fel Cerrito $38.00 $30.00 $38.00 6 Hercules $35.00 $35.00 $35.00 7 Lafayette $335.00 $35.00 $35.00 8 Martinez $30.030 $30.00 $30.00 9 Moraga $35.00 $35.00 $35,00 10 Orinda $35.00 $35.00 $35.00 11 Pinole $35.003 $35.00 $35.00 12 Pittsburg $30.00 $24.00 $24.00 13 Pleasant Hill $30.010 $30.00 $30.00 14 San Pablo $45.00 $42.00 $43.00 15 San Ramon $35.00 $35.00 $35.00 16 Walnut Creek $35.00 $35.00 $35.00 17 Unincorporated County $30.00 $30.00 $30.00 18 Oakley $30.00 $25.00 $28.00 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 1572. 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 2 GC:1m G.\GrpData\F1dC11\S'WUF\Anruat Pee Adopt\FY 04-05\Engineer Aeportldoc 5I1410i4 was to prohibit these pollutants from industrial process wastewater and municipal sewage. The Act was amended in 1937 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 Glean 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 awned 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 20,0300 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 UTUTY BUDGETS FOR FY 2004-05: Indicated below are the estimated budgets for each stormwater utility area. The District's administration and collection costs are estimated at $1.50 per parcel which includes the County Tax Collector's line item cost for the tax bills. Each year, the District provides city staff with an estimate of the number of ERUs assessable in the new year. The agency corresponding with each Stormwater Utility Area then prepares a budget for their NPDES and drainage maintenance program for the forthcoming fiscal year. Using this budget, plus the estimated cost for entity administration and assessment collection, city staff calculates the 3 cC:im G.\G.TDace\F1dC,d\St3WURAnnua!Fee Adopt\FY 04•051Engineer Repo±tldoc 5/10/04 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 Xlll D, Section 4). PROJECTED EXPENDITURES Group Agency District Tax Stormwater Admin/ Agency NP ES Cost NPDES Collector Total Utility Area No, Collection Funding (1) Funding(1) Cost Cost 1 Antioch $232,953 $776,848 $4,351 $23,814 $1,037,967 2 Clayton $25,806 $100,522 $821 $3,551 $130,500 3 Concord $293,010 $1,681,532 $51482 $29,571 $2,009,596 4 Danville $101,345 $387,064 $2,347 $12,749 $543,505 5 El Cerrito $55,247 $327,791 $1,294 $7,137 $391,469 6 Hercules $48,092 $211,715 $1,014 $5,784 $266,605 7 Lafayette $57,241 $389,321 $1,286 $6,992 $454,820 8 Martinez $88,566 $531,096 $2,845 $10,393 $630,900 9 Moraga $38,708 $243,827 $849 $4,784 $288,148 10 Grinda $41,875 $319,268 $1,027 $5,718 $367,888 11 Pinole $45,746 $259,354 $955 $5,330 $311,385 12 Pittsburg $143,338 $458,143 $2,248 $12;447 $616,177 13 Pleasant Full $79,059 $402,044 $4,221 $9,486 $494,810 14 San Pablo $72.,138 $32.7,221 $938 $5,273 $405,570 15 San Ramon $110,377 $760,520 $2,439 $13,382 $886,718 16 Walnut Creek $154,833 $1,083,191 $3,533 $19,062 $1,240,620 €7 Unincorporated County $369,488 $2,305,245 $8,283 $40,742 $2,723,758 18 Oakley $63,349 $335,702 $1,199 $6,893 $407,065 TOTAL: $2,119,163 $10,880,404 $44,911 $223,011 $13,167,490 (1) Agency funding for NPDES includes norm drain system maintenance and contingency costs. 4 GC:Im G:I,GrpUata\FfdCtl\SWUF\Annual Fee Adopt\FY 64-MEng:neer Reportldoc 5110/44 5. EST MATED STORMWATER UTILITY ASSESSMENT REVENUES IN FY 2004-05: Indicated below are the estimated revenues for Fiscal Year 2004-05 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 2004-05 assessment is on file with the Clark of the Contra Costa County Board of Supervisors. PROJECTED ERU FATES and REVENUES Stormwater Proposed Number of Estimated Utility Area Agency ERU'Rete for I�FUs Revenue No, ' FY 2904-t�5 1 Antioch 41,519 $25.00 $1,037,967 2 Clayton 4,500 $29.00 $130,500 3 Concord 57,417 $35.00 $2,003,596 4 Danville 18,309 $27.60 $503,505 5 El Cerrito 10,302 $38.00 $391,469 5 Hercules 7,617 $35.00 $266,605 7 Lafayette 12,995 $35.00 $454,820 8 Martinez 21,030 $30.00 ` $630,900 9 Moraga 8,233 $35.00 $288,148 10 Orinda 10,511 $35.00 $367,888 11 Pinole 8,897 $35.00 $311,385 12 Pittsburg 25,674 $24.00 $616,177 13 Pleasant Hili 16,494 $30.00 $494,810 14 San Pablo 9,432 $43.00 $405,570 15 San Ramon 25,335 $35.00 $886,718 15 Walnut Creek 35,446 $35.00 $1,240,620 17 Unincorporated County 90,792 $30.00 $2,723,758 18 Oakley 14,538 $28.00 $407,055 TOTAL: 419,04(3 $13,157,490 5 GC:hn Gi NCyrpData\FidCt*\SWUF\-Atznuai Fee AdoptTY 04-05\Engineer Reportldoc 5/10/04 Exhibit A Phil Hoffineister Laura Hoffineister Jeff Roubal City of Antioch City of Clayton City of Concord P. O. Box 5007 60003 Heritage Trail 1455 Gasoline Alley Antioch, CA 94531-5007 Clayton, CA 94517 Concord, CA 94519 Christine McGann 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 El Cerrito, CA 945803 Hercules, CA 94547 Donna Feehan Tim Tucker Eddmond Alberto City of Lafayette City of Martinez City of Martinez 8001 Camino Diablo 525 Henrietta St. 525 Henrietta St. Lafayette, CA 94549 Martinez, CA 94553 Martinez, CA 94553 Bob Dunn Jason Vogan Linhart Petersen Powers City of Oakley Maya Rappaport Assoc. 3639 Main St. City of Orinda 7610 Auburn Blvd., Ste 5 Oakley, CA 94561 Charles Hill Road Citrus Heights, CA 95610 Or inda, CA 94563 Nancy Voisey Ken Strelo Todd Teachout City of Pinole City of Pittsburg City of Pleasant Hill 2131 Pear Street 65 Civic Ave. 100 Gregory Lane Pinole, CA 94564 Pittsburg, CA 94565 Pleasant Hill, CA 94523 Karineh Samkian Roderick Wui Rinta Perkins City of San Pablo City of San Damon 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 Rich Lierly Contra Costa County 255 Glacier Drive Martinez, CA 94553 G:1Grp�toNF;dCtl\SWUF\Lists-Lobels\E�ibit A mMmg t!e dac RESOLUTION NO. 2004149 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 20041135 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 Glen 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 dict receive, a NPDES permit which rewires 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 May Ist, 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 2004105 small be set at twenty-five dollars ($25.00). 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 27th day of April, 2004, by the following vote: AYES: Council Members Kalinowski, Conley, Simonsen and Mayor Freitas NOES: None ABSTAIN: Council Member Davis r t; L. JOLENE MARTIN, City Clerk RESOLUTION NO. 15-2004 A RESOLUTION ESTABLISHING THE RATE PER EQUIVILANT RUN-OFF UNIT (ERU) FOR FY 2004-2005 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 THE CITY COUNCIL City of Clayton, California WHEREAS, under the Federal Water Quality Act [33 U.S.C. Section 1342 (p)11, certain municipal stormwater discharges 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 NTDES Permit which requires the implementation of a Storm Water Management Plan and Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS,Assembly Bill 2768(West's Water Code Appendix,Section 63-12 and 63-12.9) 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 paymentagreement 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. Resolution No. 15-2004 1 May 4,2004 WHEREAS,the City Council adopted Resolution 9-93,which established the range of the annual assessment to be imposed by the District within the storm water utility area not to exceed $29 ner ERU. 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 2004-05 shall be set and assessed at $29.00 BE IT FURTHER RESOLVED,that the City Council of Clayton,California,does hereby request the Contra Costa Flood Control and Water Conservation District to adapt the SUA levies based on the alcove established rate. Adopted by the City Council of the City of Clayton.California at a regular meeting of thereof held on May 4, 2004, by the following vote. AWES: Councilmembers Laurence, Shuey and Mayor Pierce NOES: Councihnember Walcutt and Vice Mayor Manning ABSENT: None. THE CITY OF CLAYTON, CA 0 JULIE K. PIERCE, Mayor AT'T'EST: Rhonda K. Basore,City Clem I hereby certify that Resolution No.k-== was duly and replarly passed by MMTVF Counell of the City O Clayton at a replan weetingy} Resolution No. 15-2004 2 ``''lay 4,2004 (� 1 J{� E 1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD E COLXrY OF CONTRA COS'T'A,STATE OF CALIFORNIA A Resolution Authorizing the Centra Costa County 3 Flood Control & Water Conservation District to Establish an Annual Parcel Assessment for FY 2004- 4 05 for Drainage Maintenance and the National Pollutant Discharge Elimination. System Program Resolution leo.04-9 E 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.(N`PDES) Program; and 9 WHEREAS, the City of Concord,in conjunction with other affected jurisdictions within the 10 Contra Costa County, applied to the State Regional Water Quality Control Board and received a Joint 11 NPDES Permit and 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 t authorizes the Contra Costa Flood Control and Water Conservation District (DISTRICT) to establish { 14 stoma water utility areas and to impose annual benefit assessments for the purpose of carrying out the 15 activities required under the--N,PDES Program; and 16 WHEREAS, the DISTRICT has completed the process for formation of a Storm Water Utility i 17 Area (SUA), including the adoption of the Storm Water Assessment Drainage Ordinance No. 93-74; E 18 and 19 WHEREAS,the SUA and Program Group Costs Payment Agreement between the City of 20 ° Concord and DISTRICT requires the City of Concord, annually, by May 1, to determine the rate to be 21 assessed to a single Equivalent Runoff Unit (ERU)for the forthcoming fiscal year; and i 22 WHEREAS, the City Council adopted Resolution 93-14, which established the range of 23 annual assessment to be imposed by the DISTRICT within the storm water utility area not to exceed 24 $35 per ERU. E 25 E �/ 26 /I 27 /1 28 ' H :les.No.04-9 1 I e 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES 2 RESOLVE AS FOLLOWS: 3 Section 11. The annual assessment to be imposed by the DISTRICT within the storm water 4 utility area shall be$35.00 per Equivalent Runoff Unit(ERU)for fiscal year 2004-2005, and shall not 5 exceed a maximum of$35.00 per ERU for subsequent fiscal years. 6 Section 22. The City Council requests the DISTRICT to adopt storm water utility area levies 7 f based on said amount. 8 Section 3. This resolution shall become effective immediately upon its passage and adaption. 9 PASSED AND ADOPTED by the City Council of the City of Concord on February 10, 2004, 10 ' by the following vote: 11 AYES: Councilme hers - S. Bonilla,L. Hoffineister, B. McManigal,M. Peterson.,H. Alien 12 NOES: Councilmembers -None 13 ABSTAIN: Councilmembers -None 14 ABSENT: Council embers -None 15 I HEREBY CERTIFY that the foregoing Resolution No. 04-9 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 10, 2004. 18 Mary Rae Lehman { City Clerk 19 2.0 By Elaine R. Boehme, CMC 21 Deputy City Clerk 22 APPROVED AS TO FORM: 23 1 4bfy that€tits sa a true copy of ument on fi 'Ns office, 24 1 Craig Lab a EAL oar 25 City Atto 26 cc: CCC Flood Control &"Water Conservation District 27 28 Res.No04-9 2 RESOLUTION NO. 40-2004 AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2004-05) FEE FOR THE TOWN'S STORMWATER UTILITY 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, the Contra Costa County cities, the County, and the Contra Costa County Flood Control and Water Conservation District have joined to secure the required NPDES permit effective through fiscal year 1999-2005;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 stormwater;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$27.50 per ERU for all properties within Danville. APPROVED by the Danville Town Council at a regular meeting on April 20,2404,by the following vote: AYES: Arnerich, Doyle, Andersen, Shimansky, Stepper NOES: None ABSTAINED: None ABSENT: None MA APPROVED AS TO FORM: ATTEST. CITY ATTORNEY CITY CLERK I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that this is a tree and correct copy of Town Council Resolution No. 40-2004. Marie Sunseri,City Clerk RESOLUTION 2004-27 RESOLD TION OF THE CITY COUNCIL OFTHECITYOFEI- CERRITO ESTABLISHING THE RATE AND ADOPTING AN ANNUAL PARCEL ASSEESSMENT 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 apermit fr m.the appropriate California regional water quality board under the National Pollutant Discharge from — I t y 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 C-:.ty 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 &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 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 determne that the rate to be assigned to a single ERU for FY 2004-2005 shall be set at$38.00. 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 8, 2004 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: Abelson, 3rusatori, Fr�.edtnan, Potter, Moore NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None IN WITNESS of this action, I sign this document and Oft the corporate seal of the City of E!Cerrito on April, 8, 2004. "L4ia=Gi1dd,ing�s,'Cr y- erk A LPPR ,,VE d 4titia [J. *&dire, Mayor RESOLUTION NO. 04-021 CONTINUING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2004-05 AT $35.00 AND REQUESTING THE CON'T'RA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, 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 (SLA)for implementation ofNPDES 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 Croup Costs Payment Agreement between the City of Hercules and District requires that the City of Hercules annually,by May 1, determine that 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 be assigned to a single ERU for FY 2004-05 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. The foregoing Resolution was duly and regularly adopted at the regular meeting of the City Council of the City of Hercules held on the 9"' of March 2004 by the following vote of the Council. AYES: Balico, Batara, Evans-Young, Valstad, Ward NOES: None ABSENT: None , . JoRhCWard, Mayor AT d t ... .. 1p R. Do ; i 'Mathews, City 1 . r y6� �'"'..ea ���,°�'_•Ya u ,T.. .x..eY'✓' ,ri.+, .w.2 i?. P :_., ' +.f �6 '..3tin& Sf� ff44 f',.i.' BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE MATTER OF. Establishing the Rate per Equivalent Runoff Unit for } RESOLUTION,NO.2004-017 Fiscal Year 2004-2005 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 storrawater require a permit from the appropriate California regional water duality board under the National Pollutant Discharge Elimination System(NPDES)program; and WHEREAS,the City of Lafayette (City) did apply for, and did receive, an N'PDES permit which requires the implementation of selected. Best Management Practices to minimize or eliminate pollutants fi om entering stormwaters; and WHEREAS, it is the intent of the City to utilize funds received from its Stozmwater 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 'dater Conservation District (District) has completed the process for formation of an SUA, including the adoption of the Stonmwater 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(ERI.;)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 Fri' 2004-2005 shall be set at $35 (thirty-five dollars). BE IT FURTHER RESOLVED, that the City Council of the City of Lafayette dues 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 22, 2004, by the following vote: AYES: Dorn,Anduri,Federighi, Samson and Tatzin INTOES: None ABSENT; done ABSTAIN- None APPROVED: Erling Ho ,Mayor ATTEST: oanne Robbins,Cit Cler]zc RESOLUTION NO. 015--04 ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR 2004/2005 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND NATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under Federal Fater Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate. California regional dater quality beard under the National Pollutant Discharge. Elimination System (NPDES) program; and WHEREAS, the City of Martinez (CITY) dial 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 Prograr: Group Costs Payment agreement between_ CITY and DISTRICT requires that CITY annually, by May I , 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 Martinez does determine that the rate to be assigned to a single ERU for FY 2004/2005 shall be set at $30. 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 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 17``' day of March, 2004 by the following vote: AYES: Council- rembers Delaney, Kennedy, Wainwright, Vice Mayor Ross and Mayor Schroder NOES: Nene ABSENT: None 1' RICHARD G. HE'RNANDEZ, CITY C ERK CITY of MARTINEZ RESOLUTION NO. 015-04 ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR 2004/2005 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 =s — CERT1FY Mast Maas iz11ta€a1--trt as a true atm Correct COPY Of the ora on file in this offixe. RICHARD O,HERNA -;CI`I"Y CL R� cnycwm e Deputy BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA In the Matter of: A RESOLUTION ESTABLISHING THE RATE Resolution 12-2004 PER EQUIVALENT RUNOFF UNIT FOR FY 200412005) AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NAT IONAL 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 TOWN of Moraga did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, 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, at the request of the TOWN, 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 TOWN and DISTRICT requires that TOWN annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the TOWN Council of the TOWN of Moraga does determine that the rate to be assigned to a single ERU for FY 200412005 shall be set at $35.00, which is the same as the FY 03/04 ERU rate. BE IT FURTHER RESOLVED, that the TOWN Council does hereby request the DISTRICT to adopt SUA levies based on said amount. Passed and adopted this 28th day of April, 2004, by the following vote: AYES: Mayor Dennis Cunnane, Vice Mayor Mike Majchrzak, Councllmember Dale Walwark, Councilmember Jerry Carney and Councilmember Lori Landis NOES: None ABSTAIN: None ABSENT: None � Y Dennis vunnane, Mayor x • :� s F CI rk k ................................................................................................ ................................................................................................................................................................................................ BEFORE THE CITY COUNCIL OF THE CITY OF OR.LNTDA In the Matter of: Establishing the Rate per Equivalent } Runoff Unit for Fiscal Year 2004/05, } and requesting the Contra Costa } County Flood Control and Water Conservation District to Adopt an Resolution No. 25-04 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- 41; 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 2044/2005 shall be set at $35.00. BE IT FURTHER. RESOLVED that the City of Orinda sloes 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 20,2004, by the following vote: AYES: COUNCILMEMBERS: Abrams,Judge,Wheatland, Worth,Hawkins NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None i ,.Y6y,6e H ins, Mayor ATTEST: Vii `- 'u ,�c..�, udith A. Hansen; City Clerk � '1 TIF" D3� .T U COPY city clan. City of OrInda, CA Resolution No. 23-02 Page 2 of 2 .... ......... ......... ......... _ _ _.. _....... ._....... ......... ......... ......... ......... ......... ......... ......... ......... .......... ............................................................................................................................................................................................................................................................................................................................ ...... ........ . . ......... .......... ... ..... ............ BEFORE THE CITY COUNCIL OF THE CI'T'Y"OF PINOLE COUNTY OF CONTRA COSTA,NATE OF CALIFORNIA RESOLUTION NO.2004-13 In the Matter of Maintaining and Establishing Stormwater Utility Equivalent Runoff Unit Rate for Fiscal Year 2004/2005 WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stornwater require a permit from the appropriate California regional water quality board under the National Pollution :Discharge Elimination System. (NPDlES) program, and. WHEREAS, the City of Pinole did apply for, and did receive, a N: PDES 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 Groin 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 asses a single ERU for the fiscal year of 2404/2005 shall be set at$35.00. BE IT FURTHER RESOLVED, by the Pinole City Council that it does hereby request the DISTRICT to adopt SUA levies based on said amount. PASSED AND ADOPTED this 2 d day of March 2004 by the following vote: AYES: COUNCILMEMBERS: Alegria,Boyle, Cole,Horton,Murray NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN": COUNCILMEMBERS: cyo-�'*� oz�L�� PA CIA ATH NOUR, CMC DEPUTY CITY CLERK. 1 tsrsb;, certify tt at tits tarepincg is a triis and correct Copy 01 the of€glnal dccur'!V3t on file in the C°Piit�`;�'T verb's �iflcey,)jy�tgt�}�# Pinola, ("Ontre Costa Cot;.Etyl,,tete of Calitorrata. Patricia k errcar,CePUty C r of?hs City at Pinole tate: ------ BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of Resolution No.04-10049 Resolution of the City Council of the ) City of Pittsburg Establishing the ) Rate per Equivalent Runoff Unit ) for FY 2004/2005 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 (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 Croup 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 2004/2005 shall be set at $24.00. BE IT FURTHER RESOLVED that the City Council of the City of Pittsburg hereby establishes 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 5th day of April, 2004 by the following vote: AYES: Council Member Parent, Kee, Glynn & Mayor Rias NAYES: None ABSTAINED: stone ABSENT Council Member Beals �1�ida ios, Mayor ATTEST: Lillian J. Pride, City Clerk Page 2 of 2 April 14, 2004 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. 04-10049, on file in this office of said City, adopted at a regular meeting of the City Council of the City of Pittsburg on April 5'', 2004. WITNESS, my hand, and Official Seal this 14th day of April, 2004. b✓ F' Alice E. Evenson Deputy City Clerk RESOLUTION NO. 10--04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING PARTICIPATION IN THE STOR.MWATER POLLUTION MANAGEMENT UTILITY DISTRICT AND AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2004/05 FEE FOR PLEASANT HILL'S STORMWATER 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 City of Pleasant Hill authorized the Contra Costa County Flood Control and Water Conservation District (Flood Control District)to establish a Storm Water Utility Area to fund NPDES pen-nit activities; and WHEREAS, the Flood Control District established Stormwater Utility Areas by adopting 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 requiring the implementation of a Stormwater Management Plan to minimize the discharge of pollutants; and WHEREAS, in 2003 the City of Pleasant Hill and the Flood Control District executed a Stormwater Utility Area Agreement which specifies how Stormwater Utility Area assessment revenue is to be used;and WHEREAS, the Stormwater Utility Area agreement between the City of Pleasant all and the Flood Control District requires the City of Pleasant Hill to determine the annual Stormwater Utility Assessment rate in its 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 all that: 1. 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 2004/05 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 Hill at a regular meeting of said Council held on the 19th day of 6pri 1 ,2004,by the following vote: AYES: Ange 1 i, Durant, Harris, Escover NOES: None ABSENT: Williamson CHARLES C. ESCOVER, Mayor ATTEST: AZa ,,DORIS P. NILSEN, City Clerk APPROVED AS TO FORM: DEBRA S. MARGOLIS, Attorney Y ATODD\NPDESVNPDE54o4reso.doc _..._. _... RESOLUTION 2004-051 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO ESTABLISHING THE STORMWATER UTILITY ASSESSMENT RATE FOR FY 2004/2005 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 municipal stormwater require a permit from the San Francisco Regional Water Quality Control Board under the National Pollutant Discharge Elimination System(NPDES)program; WHEREAS, the City of San Pablo 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; WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Assessment (SUA) for implementation of the NPDES program and drainage maintenance activities; 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; WHEREAS, the SUA 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 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 establishing a maximum SUA rate of$45.00 per ERU; WHEREAS, it is the intent of the City of San Pablo for fiscal year 2004/2005 to increase the stortnwater utility assessment by $1.00 on parcels of property within the limits of the City of San Pablo, by which to continue to fund the City's NPDES permit activities and drainage maintenance; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Pablo hereby determines that the SUA rate for Fiscal Year 2004/2005 shall be set at $43.00 for each ERU. I hmby cerfify that tho fomgOi i ., mw nd cornet copy o 2004-051 1AW NJ.Corbifi,Deputy City, f-UM Executive Secretary BE IT FURTHER RESOLVED that the City Council of the City of San. Pablo hereby requests the District to adopt SUA levies based on the $43.00 per ERU. Adopted this 5`h day of April 2004,by the following vote to wit: AYES: COUNCILMEMBERS: Gomes, Morris, Calloway, Brown and Vigil NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ATTEST: APPROVED: /s/Ted J. Denney /s/Barbara L Vigil Ted J. Denney, City Clerk Barbara L. Vigil, Mayor 2004-051 2 RESOLUTION NO. 2004-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ESTABLISHING A RATE OF$35 PER EQUIVALENT RUNOFF UNIT FOR FY 2004/2005 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 W ate. 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 storrf.waters; 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 N`PDES stormwater prograrn and drainage maintenance activities; and WHEREAS, at the request of the City of San Ramon, the Contra Costa County Flood Control and Water Conservation District (District) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment.Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment Agreement between the City of San Ramon and the District requires that the City of San Ramon annually, by April 17, determine the rate I 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 2004/2005 shall be set at $35.00. BE IT FURTHER RESOLVED, that the City Council does hereby request the District to adopt SUA levies based on said amount. PASSED, APPROVED, AND ADOPTED, this 23"j day of March, 2004 by the following vote: AYES: Councilmembers Hudson, Livingstone, Perkins, Rowley and Mayor "'Vilsoll NOES: ABSENT: ABSTAIN: H. Abram Wilson, Mayor AT ST': Iu Macfkane, Cit lark JW4 P and 0 M0Mj$,WPy oaf .R olas adopted hyM,Ci,,y Cound, c,,f'he Cfty of San Ra se an o*clerk RESOLUTION NO. 04-26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK ESTABLISHING THE CLEAN WATER PROGRAM RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2004/2005 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 require-.the implementation of selected Best Management Practices to minimize or eliminate polhatants fi-om entering stormwaters; and WHE'REAS, 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(ERL) 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 2004/2005 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 20th day of April 2004,by the following called vote: AYES: Councilmembers: Hicks, Rainey, Skrel, Regalia, Mayor Abrams NOES: Councilmembers: None ABSENT: Councilmembers: None /s/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 20th day of April 2004. Citi Clerk of the City of Walnut Creep 6,p 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: MARCH 23, 2004 SUBJECT: Adopt Resolution Requesting Flood Control District To Adapt Annual :Parcel Assessment For The County's Watershed Program I. Recommended Action: 141 ADOPT Resolution 2004/**** 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 aro annual parcel assessment for drainage maintenance and the National Pollutant Discharge Elimination System Program(TNPDES)for unincorporated areas. Continued on Attachment: x SIONATI.ITRE- RECOMMENDATION OF COUNTY ADMINISTRAT RECOMMENDATION OF HOARD COMMITTEE APPROVE OTHER r SIGNATURE(S): ACTION OF 5 ON . _ _ APPROVED AS RECOMMENDED XxOTHER_ 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 HCI �} Supervisors on the date shown. AYES: NOES: ABSENT:--- _ --ABSTAIN; ____ ATTESTED: MARCH 23, 2004 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By ��.. ,Deputy ^C:LM:SW:cW G:\t"xxmDa:a\FldCti\A3minist,ation\Board Orders 12004)30,103-23-04\Bd Order Adopt CCC ERU.doc Grid.Div: Public Woeks(FCD) Contact. Linda Martinez,(925)333-2279 cc: County Administrator County Counsel County Auditor Controller Public Works G.Connaueton,:lood Control Accountings VN, S.Wright,Clean Water SUBJECT: Adapt Resolution Requesting the Contra Costa County Flood Control and Water Conservation District to Adopt Annual Parcel Assessment for the County's Watershed Program, DATE: March 23, 2004 PAGE: 2 II. Financial impact: No impact to the General Fund. The 2004-2445 rate per ER.0 is the same as that set for fiscal year 2003-2444. Therefore, there will be no change in rate for unincorporated County property owners. The unincorporated area of Contra Costa County will produce approximately $2,744,440, which will be used to implement the unincorporated County's Watershed Program. iii. Reasons for Recommendations and Backeround: 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 creeks and other natural waterways. The Clean hater Program was established in response to changes in the Federal Clean Water Act. The Program known at the federal level as the National Pollution Discharge Elimination System Programs (NPDES) for Municipal Storrnwater Owners is in its ninth year. In order to be in compliance with the current N.IDES 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 :'+day 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 County Watershed 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 creeps. 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 Watershed Program. DATE: March 23, 2004 PAGE: 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. Educate marina operators and their marina users through a marina program. IV. Consequences,of Negative Action: If the rate per ERCT is not set for the coming fiscal year, funds will not be available for the County's Watershed 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 March 23, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILK&MA, GREENBERG, DESALUTER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20041 141 SUBJECT: ESTABLISH the rate per equivalent runoff unit for Stormwater Utility Area 17 (unincorporated County)for Fiscal year 2004-2005 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 ofstormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination. System 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(BNMPs)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. GCUV- :S`e xw C:\C-pData\F]dCtt\Adminisratior\Board Orders \2004 B0\03-23-04\adopt lies SUA 17 ERU.doa ATTESTED: MARM 23, 20-04 Originator: Public works{FC} Coact: Linda Martinez{925}3I3-2275 JOHN SWEETEN] P Clerk of the Board of Supervisors and cc: County Administrator County Administrator County Counsel County Auditor Controller Pubhe works G.Connaughton,Flood Control Ey ,Deputy Accounting S.Wright,Flood Control RESOLUTION NO. 2004/ 141 SUBJECT: Establish Equvalent Runoff Unit Rate For Stormwater Utility Arca 17 (Unincorporated County)For Fiscal Year 2004-2005 And Request Contra Costa County Flood Control And Water Conservation District To Adopt Annual Parcel Assessment. DATE: March 23, 2004 PAGE: 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 NyO. 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 2004-2005 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. RESOZLiION NO. 2004/141 RESOLUTION NO, 37-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2004/2005 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 Oakley (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 Oakley does determine that the rate to be assigned to a single ERU for FY 2004/2005 shall be set at $28.00, BE IT FURTHER RESOLVED, that the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount. The City Clerk shall certi4,,the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED AND ADOPTED THIS 10t'' day of April, 2004 by the following vote: Council Resolution No. 37-04 AYES: Anderson, Huf aker, Nix, Romick, Rias NOES: None ABSTENTIONS. tone ABSENT: None MAYOR ATTEST: CI 6RK Council Resolution No. 37-04 I hereby certify that this is a true and accurate copy of Resolution No. 37-04 adopted on April 19, 2004 by the City Council of the City of Oakley and on file in the City Clerk's Office at 3639 Main Street, Oakley, California. Dated: April 20, 2004 ,\1 int a odriguez Tedd, Int4fim Clerk 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 STORIti-1WATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2004-2005 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 18, COUNTYWIDE. The Beard of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control &Water Conservation District, RESOLVES THAT, The Contra Costa County Flood Control aro Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adapt ordinance for Stormwater Utility Assessments; and The Board, On June 22, 1993, establ€shed Stormwater Utility area 1 (Antioch), (Clayton), 3 (Concord), 4 (Danville), 5 (EI Cerrito), 5 (Hercules), 7 (Lafayette), 8 (Martinez), 9 (Moraga), 10 (Orinda), 11 (Pinole), 12 (Pittsburg), 1 (Pleasant Hill), 14 (Sar Pablo), 15 (Sar: Ramon), 18 (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 This Board also has before it the Chief Engineer's report providing ars estimate of the cost of the National Pollutant Discharge Elimination System (NPDES) permit activities to be borne by property in the individual Stormwater Utility Areas. This report will be on file within 30 days of the public hearing to adopt FY 20034-2005 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 2004-2005 be adopted for Stormwater Utility Areas 1 through 18; and At 9;30 a.m. on Jure 22, 2004, 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 2004-2035 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 Fiscal Year 2004-2005 Stormwater Utility Assessments. Upon conclusion of the Dearing, the Board may abandon the proposed actions, or proceed with the same. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 25, 2004 by at least a four-fifths vote as follows: AYES: SUPERVISORS GIOIA, UIUKEMIA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 276 (Gov. Code §25365) SU 3JECT: ADOPT Resolution No. 2004/ 276 approving a Notice of Intention to Convey Real Property identified as portion of APN 355-160-011 to the State of California,Department of Transportation, for the construction of the South Vista Point in conjunction with the new approaches and interchange for the new Carquinez Bridge replacement. Crockett Area. District II. Project No. 0662-6U4322 The Board of Supervisors of Contra Costa County RESOLVES THAT: This Board intends to convey to the State of California,Department of Transportation, County owned real property described in the attached Notice for$285,000.00(Two Hundred Eighty-Five Thousand and 00/100 Dollars) in accordance with the terms and conditions of the Right of Way Contract— State Highway on file in the Public Works Department. This property is not required for County use and the sale price is the market value of said property. This Board hereby sets Tuesday, June 8, 2004 at 9:30 a.m. in the Board's Chambers in the County Administration Building, 651 Pine Street,Martinez,California,as the time and place it will meet to determine that the project is exempt from the California Environmental Quality Act, and consummate this conveyance by a four-fifths vote. The Clerk of this Board is hereby DIRECTED to have the attached Notice published one time,at least one week preceding the date set for hearing in the Contra Costa Times,a newspaper of general circulation(pursuant to Government Code Section 6061). 1 hereby certify that this is a true and correct CP:eh copy of an action taken and entered on the G:\GrpData\RealProp\2004-Piles\BOS&Ri S\BRIO Vista Point.doc minutes of the Board of Supervisors on the Orig.Dept.: Public Works(R/P) date shown. Contact: Debra Baker(313-2224) cc: County Administrator ATTESTED: MAY 25, 2004 Auditor-Controller Assessor's Office JOHN SWEETEN, Clerk of the Board of Community Development Dept. Supervisors and County Administrator Board Orders Senior Cierk,Adm. By ,, r Deputy RESOLUTION NO. 2004/ 276 Number 57140 EXHIBIT "A" PARCEL 1 (57140-1) That portion of the land conveyed to Contra Costa County by the Director's Deed recorded in Book 4184, Page 211, Contra Costa County Records described as follows: Beginning at the southeasterly corner said conveyed land; thence along the southerly line of said land (the southerly line being the northerly line of San Pablo Avenue), N. 773650" W., 105.200 meters; thence leaving said southerly line,N. 60'54'18" E., 23.300 meters; thence N. 1941'37" E., 12.500 meters; thence N. 64'50'27" E., 26.300 meters; thence N. 30'40'56" E., 19.800 meters; thence N. 76c53'38" E., 22.750 meters; thence S. 70'38'00" E.,42.000 meters to the easterly line of said conveyed'Land; thence along said easterly line, S. 15'03'10" W., 67.418 meters to the point of beginning. CONTAINING 5,443 square meters,more or less. Reserving an easement to the Grantor, its successors or assigns, over the above-described parcel of land with the right to ingress and egress over said parcel by the most reasonable and practicable means. The bearings and distances used in the above description are on the California Coordinate System of 1927, Zone 3. Multiply the above distances by 1,0000715 to obtain ground level distances. This real property description Inas been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature Licensed Land Surveyor 0 Date DAVID V.KORYCINSKI Exp.09130/04 No.6811 C tFE;: (F(: F: cn LU -m 0 I dW 0 � v) rte.- cv •s 'I J , d — ttO LU i ! a ixJ — -- -- --—r ) i F- 7- cr W ! - / - t l• Z � Z CL ui fs i c5 ff / NLn S Z F a G'l ( 7 f J �y K C3 N \,d 9 <—,, < Z — y sr� N J � / ` L a r i1 t LJ .C7E U3 LLI /) w w + 1l U Ln CL z d i � 0 i 1 d� LLJ Z rG E E E ELU► Z tt7 a N Nt� I 3m I I � M3MWWWLAJ � ul a a marcs = �0 I t r `°' ffi r` � cru!co Ln � w u — # / LLJ z• — rck,) m) c Sts c0a. y 4 w OL LLI I ) CS O D O t3 t] z O tl5 i� c:s t7 C7 c +� I L ul � tnr D i+s iD C7 W,W z z cn z } 1 `', \ \ " ". \ N C N tier r- css r 0 0 N tv NtV V ti)s 00 N I cL> < a t9 0 a 0 tis.! x U, ILI — — m rs a 's C4 4 tit's — cv r- csi � H cts O Ln a T to m -t-- I'll --- \ ruj n cs cts � v Z7 r `ter m CM N L.Ljz yy� 0 4 a � 8 : u 7 Cal _ rr — ru e W c.s - - - } f _ d cs t5 a a f W 0 In CY 0 cV C L m ! m� w — ccs r us10 zz e A d p Ln l i W V. 0 0 0 o . 4 I A v V 0 tA rn r+'1 SSS M EJ1 0 E u til 3e m• a �� r7 a 00 OF � © W W Gb CS fM to O 0en w En in z z Zuj M. 1 CJ W - 0: Cl. i S = W ( S C) L d L 'A C:3 O C7 c O 0t o to V 'V res j 00 ! d \\ \ \ \ \ `.•\ Ln L. . a 3m Z en >- z >z Qd < c oo coso -0 0 0 � � s tI2 m 1 1 S d� 1 � o cis c� u��0 lw � z Z Z z Z z L Z N rn V in (D a- 1 in . I , e 08 1d iN3A]SV3 30 NOI1VAH3S38 '38no I3 �O NOISIA38 20-01 >iO A38 SNO I S I A38 31VC4 NO A38 SNO I S I A38 31Vt3 s CONTRA COST. COUNTY PUBLIC WORKS DEPA 'TMENT 255 Glacier Drive Martinez, CA 94553 NOTICE OF INTENTION TO CONVEY REAL. PROPERTY (Gov. Code § 25365) Notice is hereby given that the Board of Supervisors of Contra Costa County, on May 25, 2004, declared its intention to convey to the State of California, Department of Transportation the following described real property; All that real property situated in the State of California, County of Contra Costa, Crockett area described on the attached !exhibit `:A". Together with and including all improvements located thereon. Notice is further given that it is proposed to convey said property to the State of California, Department of Transportation for Two Hundred Eighty-Five Thousand and 001100 Dollars ($285,000.00), being the fair market value of the property. The Board will meet on Tuesday, June 8, 2004 at 9:33 a.m. in the Board's Chambers, County Administration Building, 551 Pine Street, Martinez, California, to make such conveyance by at least a four-fifths vote. hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors or the date shown. ATTTESTED: Mlay 27 2004 uOHIN SWEET--N, Clerk of the Board of Supervisors and County Administrator By -fav L. SHARD Deputy Publication Dates: JANE 02 2004 EXHIBIT"A" PARCEL 1 (57140-1) That portion of the land conveyed to Contra Costa County by the Directors Deed recorded in Book 4184, Page 211, Contra Costo County Records described as foi Tows: Beginning at the southeasterly corner said conveyed lana; thence along the southerly line of said lana (the southerly line being the northerly line of San Pablo Avenue), N. 77°3650" W., 105.200 meters; thence leaving said southerly line, N. 60°54`18" E., 23.300 meters; thence N. 19°41'37" E., 12.500 meters; thence N. 645027" E., 26.300 meters; thence N. 30040'56" E., 19,800 meters; thence N. 76053'38" E., 22.750 meters; thence S. 70038'00" E., 42.000 .meters to the easterly line of said conveyed land; thence along said easterly lire, S. 15003'10"° fir'., 67.418 meters to the point of beginning. CONTAINING 5,443 square meters, more or less. Reserving an easement to the Grantor, its successors or assigns, over the above-described parcel of land with the right to ingress and egress over said parcel by the most reasonable and practicable means. The bearings and distances :used in the above description are on the California Coordinate System of 1927, Zone 3. Multiply the above distances by 1 ,0000715 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature Licensed Lang'Surveyor Date AND DAVID V.K ��S5Fy,��pp"CINSKI t No.6811 OF 0 ' TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIL,PUBLIC WORDS DIRECTOR :DATE: May 25, 2004 SUBJECT. ADOPT Resolution No. 2004/ 277 accepting the Engineer's Report for County Service Area L-100, SD 8710 and ;fixing a hearing for July 13, 2004 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Discovery Bay area. (District III) Project 7394- 6X5001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)cit BACKGROUND AND JUSTIFICATION L Recommended Action: 1. ADOPT Resolution No, 2004! 277 accepting the attached Engineer's Report for a lighting assessment on the parcels in SD 8710 to be annexed into County Service Area(CSA)L-100. 2. PIX. a Public Hearing for July 13, 2004 at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California to certify the tabulation of the ballots submitted for the proposed assessment, and levy the proposed assessment. 3. DIRECT the Public Works Director to mail,by first class mail, a Written notice and ballot to each parcel owner Within the development in compliance With Proposition 218. Continued on Attachment:X SIGNATURE: ' RECOMMENDATION OF COUNTY ADMINISTRATOR �RECOMMENDATION OF BOARD COMMITTEE _ ,PROVE OTHER SIGNATURES ;. AC`T`ION OF BOX ON MAY 2c� 2004 APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT NONE ) A'TTEST'ED: MAY 25; 2Q04 AYES: NOES: JOHN SWEETEN,Clerk of the Board of Supervisors and ABSENT: ABSTAIN: County Administrator DNI:cram By _..�._ G:\C-pData\SpDist\J3oard Orders\2004\05-25-04 BO-5D 8714(Fixing).doc Deputy Orig.Div:Public Works(Special Districts) Contact- Eric Whan(313-2242) cc: County Administrator Assessor Auditor-Controller Community Development County Counsel Dante Morabe,Sp.(list. SUBJECT: ADOPT Resolution No. 2004/ 277 accepting the Engineer's Report for County Service Area L-100, SD 8710 and fixing a hearing for July 13, 2004 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Discovery Bay area. (District IID Project No. 7394-6X5001 DATE: May 25, 2004 PAGE: 2 III. Fiscallmpact: There will be no impact to the County General Fund. All costs will be covered with revenue from the CSA L-100. Ilii. Reasons for Recommendations and Background: The developer is required by Condition of Approval to annex to the County's street light program, CSA L-100, for continued maintenance and operation of street lights. Proposition 218 provides that any new assessment may not be approved if it is opposed by a majority of the property owners voting on the proposed assessment. The Board Order and Resolution complies with the requirements for new assessments under Proposition 218. IV. Consequences of Negative Action: This project will not be in compliance with the Conditions of Approval for SD 8710, and an alternative means to finance public right of way street lighting would have to be found. TME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this resolution on May 25, 2004 by the following vote: AYES: SU ERVIOSRS GIOIA, UILKEMA, GREENBERG, DESAULKER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/277 SUBJECT: ADOPT Resolution No. 2004/ 277 accepting the Engineer's Report for County Service Area L-100, SD 8710 and fixing a hearing for July 13, 2004 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Discovery Bay area. (District M) Project No. 7394-6X5001 The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing SD 4710 (the "Development") consisting of four (4) parcels, more specifically described in Exhibit A. 2. On May 4, 2004 the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into County Service Area (CSA) L-100. The County intends to initiate proceedings to annex the Development into CSA L-100 pursuant to that request. 1 Once the Development is annexed into CSA L-100, the parcel(s) within it will receive a special benefit over and above that received by the general public in the form of lighting services. This service is a miscellaneous extended service (the "Extended Service") as defined in Article 1012- 2.406 of the Contra Costa County Code, 4. In order to fund the Extended Service that will be provided to the parcels within the Development, it will be necessary to levy a service charge (the "Assessment"). The service charge meets the requirements of an "assessment" under Article XIIBD of the California Constitution because it is conferred to provide the special benefit, defined above, on the parcel(s) within the development. 5. A copy of the Addendum to the Final Engineer's Report to the Board of Supervisors for establishing a street light service charge for Fiscal Year 2003/2.004 (the "Engineer's Report") is attached as Exhibit B. The Engineer's Report meets the requirements of a tentative report under Article 1012-2.602 of the Contra Costa County Code. The Engineer's Report includes: a description of each parcel of real property receiving the Extended. Service, the Assessment Diagram, the total Assessment chargeable to the entire service area, the estimated Assessment chargeable to each parcel, the calculations supporting the Assessment, and the duration of the Assessment. I hereby certify that this is a true and correct copy of an action Dt\l.ct C3taken.and entered on the minutes of the Board of supervisors on .\GtpDaData\ScDist\E3oard Orders12004\OS-25-04� x O-SD$7t0(Fixing).d Orig.Div: Public Woes(Special Districts) the date shown. Contact: Eric Whan(313-2242) cc: County Administrator Assessor ATTESTED: MAY 25, 2004 Auditor-Controller JOHN SWEETEN,Clerk of the hoard of supervisors and County Community Development county Counsel Adrni2lYstratClr D.Morabe>Sp.Dist. By - ,Deputy RESOLUTION NO.2004/ 277 SUBJECT: ADOPT Resolution No. 2004/ 277 accepting the Engineer's Report for County Service Area L-100, SD 8710 and fixing a hearing for July 13, 2044 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Discovery Bay area. (District III) Project No. 7394-6X5001 DATE: May 25, 2004 PAGE: 2 6, The Board has adopted the Engineer's Report for the Countywide Street Light Program. on July 8, 2003. Based on its review of the Engineer's Report,the Board finds that: (a) The Extended Service financed by the Assessment will directly benefit the parcel(s) within the development. (b) The cost of the Assessment on each parcel within the Development is proportional to the benefits that the Extended Service will confer on each parcel. NOW, THEREFORE THE BOARD OF SUPERVISORS ORDERS AND RESOLVES AS FOLLOWS: 1. The Board will conduct a public hearing (the "Hearing") on July 13, 2004 at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. 2. The Board directs the Clerk of the Board to immediately provide the Public Works Director of Contra Costa County with a copy of this resolution. The Board directs the Public Works Director to mail the written notice of the Hearing (the "Ballot Notice") attached as Exhibit C to the record owners of each parcel within the development. The ballot attached as :Exhibit D shall be attached to the Ballot Notice. A copy of the Engineer's Report is on file with the Public Works Department. 3. Immediately before the Hearing the Public Works Department shall tabulate the ballots. At the Hearing, the Board shall consider any objections or protests to the Assessment and certify the tabulation of the ballots. The Board shall not impose the Assessment if there is a majority protest. A majority protest exists if, upon conclusion of the Hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. 4. If there is no :'Majority Protest, the Board may adopt a resolution which.: confirms the Engineer's Report; levies the assessment in the Engineer's Report; finds that the Director of the Contra Costa County Public Works Department, acting as the designated director,has concluded that the Engineer's Report conforms to the official assessment roll for the year in which the assessment will be collected and, therefore, constitutes the Final Report for the Assessment; confirms the Final Report; and levies the Assessment for the Fiscal Year referred to in the Engineer's Report. RE3C}t..bTION NO. 2004/277 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List Parcels Assessor's Parcel Number Owner's Name/Address I 4** 011-224-002, 004, 020, and 021* Western Pacific Mousing 1210 Central Boulevard Brentwood, CA 94513 The new Assessor's Parcel Numbers are not available at this time. New Assessors parcel numbers will be sent to the Contra.Costa County Public Works Department, as they are available. **Please see Engineer's Report Addendum to determine the number of Factor Units for this parcel. EXHIBIT B FINAL, ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 2003/2004 The undersigned, acting on behalf of Contra Costa County, respectfully submits the enclosed Engineer's Report as directed by the Centra Costa County Board of Supervisors, pursuant to the provisions of Article XIM, Section 4, of the California Constitution, the County Service Area Law (Gov. Cade, 25210.1 et seq.) and Division 1012 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer,registered in the State of California. B C ri Dated: By: Heather Ba tenger Assistant Public Works Director RCE No. 41746 COUNT' SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM SD 8710 Parcel Assessor's Parcel Description Factor Unit Proposed Number .Assessment FY 04/05 1 011-220-002 single dwelling unit 1 $14.94 2 011-220-004 single dwelling unit 1 14.94 3 011-220-020 Single dwelling unit 1 1494 4 011-220-021 Single dw Iling unit 1 14.94 Fund Tax Bill Basic Str=e ---- 36,690.00** Total Dollars Factor Emits ` Literal Li titin C E 2401 CSA.L-100 $14.94 $548,195.48** Proposed CSA L-100 $59.76 $59.76* 4* .Annexation New CSA L-100 $74.70 $548,255.24 36694.00 Totals Notes: * Factor Units at$14.94 each(4 Factor units X$14.94=$59.76) * ` Total Dollars and. Factor Units taken from CSA L-100 Final Engineer's Report for the 2003/2004 Tax Roll and approved by the Board of Supervisors on July 8,2003. MUM. I*fz * a r 3-IJ y 1 M '!r it CN uw � r aw r ,w, • s 'a....7A w r . y _ •=a ,. • i rw: rs w e a ya +r 3 Y a x Yom' Ri • w f1 t P. N 60.06 ACRES r. n � � �•sa tx ew 4 '; ' �7659ti�usl�•Nt{f�ituglf�iQ1W6N�ik§ �F1/A�t�.�l'M 1yi'1��.� 11 � # ag-x.�i �. :.,. i#tft �#�*ldtf5� it%%�}43¢iFiddttl EXHIBIT C BALLOT NOTICE Why did you receive this.Ballot? When your development was approved, there was a requirement (condition of approval) to annex the parcel(s) into the County Service .Area (CSA) L-100 Lighting District and for an annual assessment to be imposed on every parcel in your development to pay for the cost of maintaining the street lighting within the public right of way. The passage of Proposition 218 requires a vote on all neve assessments and this is why you received this Ballot. How Much is the Assessment? The parcels are assessed a Factor of 1, derived from the Land Use Cade,based on base rate of$14.94 per Factor Unit. The total amount levied by the assessment, with regards to this development is approximately$59.76 per year(4 factor units X$14.94) Why should you Vote? Your vote will decide if the assessment will be imposed. Only returned ballots will be counted. Will this Assessment Increase in the Future? The Benefit Zone does not intend to increase the assessment, and it cannot be increased without another election. What does the Assessment Fuad Allow? The assessment allows the Benefit Zone to provide and maintain street lighting within the public right of way. Mow was my Assessment Calculated? The total cost to provide and maintain street lighting improvements is allocated to each property based on estimated special benefit received. Essentially, each single family home in the development is allocated the same assessment. An Engineer's Report detailing the method of assessment, budgets and assessments for each parcel is available for review at the Contra Costa County Department of public Works, 255 Glacier Drive, CA, 94553-4897. Method o,f Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition is counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County Public Works Department, 255 Glacier Drive, Martinez, CA 94553 prier to June 8, 2004 or you may hand carry your ballot to the Public Hearing on July 13, 2004. Ballots received after the close of the public Hearing cannot be counted. Ballots are weighted by the amount of assessment that would be paid. If a majority of ballots returned, weighted by their assessment, is opposed to the assessment, the assessment will not be imposed. .Ballot Procedures This ballot is for the sole use of the property owner(s) of the parcel identified herein, which is located within the CSA L-100 Lighting District. The ballot maybe used to express either support for or opposition to the proposed CSA L-104 Lighting District within this development. In order to be counted, this ballot must be signed and dated in the space provided by an owner or, if the owner is a partnership or a corporation, by an authorized representative of the owner. Those executing this ballot on behalf of a corporation, partnership, trust or other entity must also indicate title or office below the identification of the property owner (e.g., trustee, President, General partner, etc.) If the property is owned jointly(e.g., common,joint tenants)one or both property owners may sip the ballot. There is only one ballot for each property even though the property may have more than one owner. If both owners of the property vote the same, the ballot counts as one vete. If both owners vote differently, one in support and one opposed, then the votes cancel each other out and the ballot will have a 64zero"vote. Public Hearing The hearing will be held on July 13, 2004 at 9.301 a.m. in the Board of Supervisors Chambers, County Administration wilding, 651 Pine Street, Martinez, CA 94553. Results of the returned ballots will be announced after the close of the public testimony portion of this meeting. At this hearing, the :Board will take final public testimony and take action on whether or not to levy the assessments based upon the testimony and ballots received. On July 8, 2003, as an attachment to Resolution No. 031432, the Board of Supervisors adopted the "Final Engineer's Report to the Board of Supervisors for establishing a Street Lighting Service Charge for Fiscal Year 2003/2004". That report recommends levying of a street lighting charge as provided in the CSA Law, Government Code sections 25210.1, and following and in accordance with Ordinance No. 79-42, adapted by the Board of Supervisors on March 27, 1979. This addendum supplements that report by providing support for levying such an assessment on the parcels described in Exhibit A after they are annexed into CSA L-100. Total Assessment/ChaMe On CSA.L-100 In the event that the proposed assessment is levied, the total amount chargeable to CSA L-100 will be $14.94 multiplied by the number of Factor Units for that parcel. Assessment on.Each Parcel :Each parcel described by Exhibit A shall be assessed$14.94 per Factor Unit in Fiscal Year 2004/2005. Methodology for Calculating Street Lighting Assessments The "benefit received" is based on a sliding scale of 1 basic unit charge for a single family dwelling unit to as much as 8 basic unit charges for a large apartment complex. The service charge for each CSA is based upon several factors such as (1) cost required to pay the Pacific Gas & Electric Company's current monthly electrical bill; (2) the number and types of parcels within each Service Area; (3) a reserve fund for Administrative and Accounting services provided by the County and; (4)unforeseen expenses such as electrical rate increases. The assessment revenue is used to pay for the total costs of operating the street light system and those costs are apportioned among the various parcels in the CSA L-100 Lighting District, EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 011-220-002, 004, 020, 021 Annexation Of: SD 8710 Record Owner: Western Pacific Housing 1210 Central Boulevard Brentwood, CA 94513 Yes, I approve of the proposed annual assessment of$14.94 on each of the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of$14.94 on each of the parcels identified in this ballot. Signature of Record Owner or Authorized Representative of the above identified parcels. Date