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HomeMy WebLinkAboutMINUTES - 05232006 - S.28 TO: BOARD OF SUPERVISORS, AS GOVERNING _-! Contra BOARD OF THE FLOOD CONTROL&WATER :- ' CONSERVATION DISTRICT °x — `S Costa ... ,+:mNn FROM: MAURICE M. SHIU, CHIEF ENGINEER ��: -------- coa-- srAKrt';- County DATE: MAY 23, 2006 r. V � SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2006-2007, COUNTYWIDE. (ALL DISTRICTS) SPECIFIC REQUEST(S)OR RECON[MENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 1. ACCEPT the Chief Engineer's report for the adoption of Stormwater Utility Assessments for Fiscal Year 2006-2007 for Stormwater Utility Areas Numbers 1 through"18; 2. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments for Fiscal Year 2006-2007 from the following municipalities and corresponding Stormwater Utility Areas: Antioch Hercules Pinole Walnut Creek Clayton Lafayette Pittsburg Unincorporated Contra Costa County Concord Martinez Pleasant Hill Oakley Danville; Moraga San Pablo El Cerrito Orinda San Ramon CONTINUED ON ATTACHMENT: 0 SIGNA RECOMMENDATION OF COUNTY ADMINISTRATOR ENDATIO BOARD COM E APPROVE OTHER SIGNATURE(S): !,[//J ACTION OF BOA O / /121f APPROVED AS RECOMMENDED OTHER VOTE O SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT Oyu } MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Linda Martinez(925-313-2279) LM:cw �--7 C. e� G:\FldCtl\Board Orders 2005 Onward\2006 BO\,Set Hrg to Adopt SUA BO 5-23- ATTESTED -7 (v 06.doc JOHN CUQXN,CLERX OF THE BOARD OF SUPERVISORS cc: Greg Connaughton,Public Works,Flood Control County Assessor County Auditor-Controller County Counsel BY: 'DEPUTY Treasurer-Tax Collector SUBJECT: SET HEARING FC4kDOPTION OF STORMWATER UT&Y ASSESSMENTS FOR FISCAL YEAR 2006-2007, COUNTYWIDE. (ALL DISTRICTS) DATE: MAY 23, 2006 PAGE: 2 of 2 3. ADOPT the attached Resolution,and FIX June 27,2006,at 9:30 a.m.in the Board chambers as the time and place for the Public Hearing on the adoption of Stormwater Utility Assessments for Fiscal Year 2006-2007 for said areas. FISCAL IMPACT: The proposed assessments for Stormwater Utility Areas 1 through 18 will provide approximately$13,601,169 in funding for the cities and Unincorporated County for the National Pollutant Discharge Elimination System(NPDES) program and drainage maintenance activities. REASONS FOR RECOMMENDATIONS AND BACKGROUND: The Contra Costa Clean Water Program consists of Contra Costa County, its incorporated cities and the Contra Costa County Flood Control and Water Conservation District working collectively under a Joint Municipal Stormwater National Pollutant Discharge Elimination System(NPDES)Permit issued by the State Regional Water Quality Control Board.This permit is federally mandated through the Clean Water Act,which was amended in 1987 to specifically address stormwater pollution. The current five-year permit from the San Francisco Regional Water Quality Control Board began in September 1999. Public education on pollution prevention, inspection of construction sites, as well as commercial and industrial facilities, street sweeping, catch basin cleaning and other forms of drainage maintenance are examples of actions taken to meet permit requirements. An Annual Report is written each year to summarize accomplishments. The Contra Costa Clean.Water Program is currently in its second Joint Municipal Stormwater NPDES Permit from the San Francisco Regional Water Quality Control Board and received its second five-year permit from the Central Valley Regional Water Quality Control Board for the cities of Antioch,Brentwood,Oakley and unincorporated East. County in June 2000.The permit includes,for each municipality,a Stormwater Management Plan outlining intended activities designed to reduce or eliminate pollutants from entering the storm drain system. The Regional Boards indicated the need for a restricted funding source to finance implementation costs.In order to meet this need, Contra Costa County proposed legislation providing a financial option for municipalities to use through the Contra Costa County Flood Control and Water Conservation District. The bill,AB 2768 (Campbell), was passed by the legislature and signed by Governor Pete Wilson on August 30, 1992.The legislation specifically allowed a municipality to request formation of a Stormwater Utility Area and an assessment to pay for implementation costs. The Board of Supervisors, acting as the Contra Costa County Flood Control and Water Conservation District, provided public notice to all affected property owners before the establishment of the Stormwater Utility Areas on June 22, 1993,creating 17 Stormwater Utility Areas.This 1993 Board action also-set the first-year assessment rates for each Stormwater Utility Area,as well as maximum rates. Assessments were collected for Fiscal Year 1993-1994 through 2000-2001. On May 9, 2000, the Flood Control District separated the City of Oakley from Stormwater Utility Area 17. The City of Oakley was established as Stormwater Utility Area 18 at that time and assessments were collected for Fiscal Year 2000-2001.The Flood Control District does not collect this assessment for the cities of Richmond and Brentwood. Richmond and Brentwood collect their NPDES levy as a sewer fee. CONSEQUENCES OF NEGATIVE ACTION: If the proposed assessments for Fiscal Year 2006-2007 are not implemented,the program would have to be funded by the general funds of the cities and County to ensure compliance with NPDES permit requirements. If the proposed assessments for Fiscal Year 2006-2007 are not implemented,the program would have to be funded by the general funds of the cities and County to ensure compliance with NPDES permit requirements. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOARD OF THE FLOOD CONTROL &WATER CONSERVATION DISTRICT Adopted this Resolution on May 23, 2006,by the following vote: AYES: Uilkema,Piepho,DeSattlnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ (West Water Code App. Ch. 63 Sec. 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider the Adoption of Stormwater Utility Assessments for Fiscal Year 2006-2007 for Stormwater Utility Areas No. 1 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 Stormwater Utility Areas and adopt ordinance for Stormwater Utility Assessments; and The Board, On June 22, 1993, established Stormwater Utility area 1 (Antioch), 2 (Clayton), 3 (Concord), 4 (Danville), 5 (El Cerrito), 6 (Hercules), 7 (Lafayette), 8 (Martinez), 9 (Moraga), 10 (Orinda), 11 (Pinole), 12(Pittsburg), 13 (Pleasant Hill), 14(San Pablo), 15(San Ramon), 16(Walnut Creek), 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 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of LM:cw Supervisors on the date shown. G:\F1dCtl\Board Orders 2005 Onward\2006 Resolutions \.Set Hrg to adopt SUA Assmnt Reso 5-23-06.doc Orig.Dept:Public Works(Flood Control) ATTESTED: Contact: Linda Martinez (925)313-2279 cc: County Administrator JOHN CULLEN,Cle of the Board of Supervisors and County Assessor County Administrator County Auditor/Controller County Counsel County Treasurer/Tax Collector Greg Connaughton,Public Works,Flood Control By Deputy RESOLUTION NO. 2006/ 3 SUBJECT: Notification of Hearing to Consider the Adoption of Stormwater Utility Assessments for Fiscal Year 2006-2007 for Stormwater Utility Areas No. 1 through 18, Countywide. (All Districts) DATE: May 23, 2006 PAGE: 2 of 2 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 2006-2007 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 2006-2007 be adopted for Stormwater Utility Areas 1 through 18; and At 9:30 a.m. on June 27, 2006, 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 2006-2007 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 2006-2007 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 2006-2007 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. 2006/3 ENGINEER'S REPORT FOR THE ADOPTION OF FISCAL YEAR 200.6-07 ASSESSMENTS FOR CONTRA COSTA COUNTY FLOOD CONTROL AND WATER .CONSERVATION -DISTRICT STORMWATER UTILITY AREAS NOS. 1 THROUGH 18 Prepared by the Staff of the Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez, CA 94553 April 2006 1. RECOMMENDATION: It is recommended that: a. The Stormwater Utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 2006- 2007 be adopted for the Contra Costa County Flood Control and Water Conservation District Stormwater Utility Areas (SUA) for the following incorporated and unincorporated areas: PROPOSED VS. EXISTING ERU RATES Stormwater Maximum Existing ERU Proposed ERU, Area Rate�for FY Rate for FY UtllltyArea=No ERU°Rate :2005 06= 2006=07 1 Antioch $25.00 $25.00 $25.00 2 Clayton $29.00 $29.00 $29.00 3 Concord $35.00 $35.00 $35.00 4 Danville $30.00 $27.50 $27.50 5 EI Cerrito $38.00 $38.00 $38.00 6 Hercules $35.00 $35.00 $35.00 7 Lafayette $35.00 $35.00 $35.00 8 Martinez $30.00 $30.00 $30.00 9 Moraga $35.00 $35.00 $35.00 10 Orinda $35.00 $35.00 $35.00 11 Pinole $35.00 $35.00 $35.00 12 Pittsburg $30.00 $24.00 $30.00 13 Pleasant Hill $30.00 $30.00 $30.00 14 San Pablo $45.00 $43.00 $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 2. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NPDES) PROGRAM: Congress adopted the-Federal Water Pollution Control Act generally referred to as the Clean Water Act in 1972. It specifically prohibits the discharge of any pollutants (e.g., herbicides, pesticides, oil, 2 of 5 GCAM GAFldCtl\SWUF\Annual Fee Adopt\FY 06-07\Engineer Report.doc grease, etc.) to the "navigableSters of the United States." The initia0cus of the Clean Water Act was to prohibit these pollutants from industrial process wastewater and municipal sewage. The Act was amended in 1987 mandating the Environmental Protection Agency (EPA) to establish regulations setting forth,the NPDES Permit Application requirements for stormwater discharges for municipalities, industries and construction projects. Contra Costa County, its incorporated cities and the Flood Control District joined together to form the Contra Costa Clean Water Program in order to marshal the necessary resources and develop the most cost-effective program to comply with these federally mandated requirements. One of the requirements of the NPDES permit process is to identify funding sources for implementation of the program activities. The Contra Costa Clean Water Program Management Committee identified the formation of stormwater utilities as the most practical method for meeting the funding requirements. Sixteen city councils and the County Board of Supervisors adopted resolutions requesting the District form a Stormwater Utility Area for their city territory. The governing board of the District established Stormwater Utility Areas 1 through 17 on June 22, 1993, and Area 18 on May 9, 2000. 3. STORMWATEER UTILITY: A stormwater utility is similar to other utilities. It has a purpose, a geographic boundary, and a method for spreading the utility costs to benefiting properties or recipients. The purpose of the stormwater utility is to fund the implementation of the NPDES program activities required by the permit and the maintenance of the government owned storm drain systems. In development of the stormwater utility legislation, the construction of capital improvements was excluded as a purpose. Stormwater utility assessment revenues can only be spent on the NPDES program activities and storm drain system maintenance. Replacement of a failing storm drain system is considered a maintenance activity as long as the replacement facility is equal in capacity and a comparable type of facility, i.e., pipe storm drain is replaced by another pipe storm drain. The NPDES program activities have been tailored to meet the respective city or county NPDES problems based on their land use activities; thus each program is different. Also, the cities and county on an individual basis will perform most of the NPDES activities. Consequently, each city comprises a separate stormwater utility area. This facilitates the setting of the utility rates and the transfer of funds to the cities who perform most of the work. The same applies for the unincorporated county NPDES program which is implemented by county staff. Stormwater utilities generally distribute program costs to the benefiting landowners on the basis of stormwater runoff quantity or the amount of impervious surface associated with various land uses. The Stormwater Utility Areas utilize the latter method. Staff prepared the report entitled, "Report on Stormwater Utility Assessment (March 1993)," which is incorporated into this Engineer's Report by reference. The report explains in detail the rationale for using impervious surface area as the basis for allocating costs, the development of the utility rate standard of one Equivalent Runoff Unit (ERU) and the relationship between land use, parcel size, and the number of ERUs assigned to individual parcels in each Stormwater Utility Area. A typical single family residence (5,000 SF to 20,000 SF lot) is used as the standard for one ERU. The cost to the typical single family landowner will be the ERU rate shown in Section 1(a) above. 4. PROPOSED STORMWATER UTILITY BUDGETS FOR FY 2006-07: Indicated below are the estimated budgets for each stormwater utility area. The District's administration and collection costs are estimated at $1.80 per parcel which includes the County Tax Collector's line item cost for the tax bills. Each year, the District provides city staff with an estimate of the number of ERUs assessable in the new year. The agency corresponding with each Stormwater Utility Area then prepares a budget for their NPDES and drainage maintenance program for the forthcoming fiscal year. Using this budget, plus the estimated cost for entity administration and assessment collection, city staff calculates the required ERU rate by dividing the estimated total cost by the estimated ERUs in the Stormwater Utility 3 of 5 GC:lm GAFWURSWURAnnual Fee AdoptTY 06-07\Engineer Report.doc Area. The agency governinAard approves the rate and reque* the District approve and implement the desired assessment. The ERU rate in future years can not exceed the maximum rate shown in Section 1(a) without completing the public notice/hearing process required by SB 1977 (Bergenson) and Proposition 218 (California Constitution, Article XIII D, Section 4). PROJECTED EXPENDITURES District Group _ Agency Tax Stormwater Admin/ Agency NPDES Cost ;NPDES :Collector': Total Utility,,Area''-No. Collection_ Fundinod Funding (1) Cost Cost 1 Antioch $243,719 $798,685 $5,977 $24,875 $1,073,255 2 Clayton $26,487 $95,268 $835 $3,681 $126,272 3 Concord $300,999 $1,700,174 $7,426 $30,740 $2,039,339 4 Danville $104,370 $385,530 $3,165 $13,177 $506,242 5 EI Cerrito $56,455 $328,970 $1,743 $7,375 $394,544 6 Hercules $56,342 $238,943 $1,404 $6,851 . $303,540 7 Lafayette $58,650 $382,522 $2,896 $7,228 $451,295 8 Martinez $88,801 $541,133 $2,569 $10,739 $643,242 9 Moraga $39,639 $241,526 $1,143 $4,910 $287,218 10 Orinda $42,924 $318,530 $1,384 $5,912 $368,750 11 Pinole $47,283 $258,163 $1,523 $5,511 $312,479 12 Pittsburg $150,996 $614,568 $4,438 $13,364 $783,366 13 Pleasant Hill $81,131 $400,291 $2,339 $9,802 $493,563 14 San Pablo $75,598 $316,831 $1,272 $5,580 $399,280 15 San Ramon $123,072 $812,880 $3,505 $15,319 $954,776 16 Walnut Creek $160,393 $1,052,969 $4,760 $19,730 $1,237,852 17 Unincorporated County $390,134 $2,328,198 $14,301 $43,286 $2,775,919 (1) Agency funding for NPDES includes storm drain system maintenance and contingency costs. 5. ESTIMATED STORMWATER UTILITY ASSESSMENT REVENUES IN FY 2005-06: Indicated below are the estimated revenues for Fiscal Year 2006-07 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 2006-07 assessment is on file with the Clerk of the Contra Costa County Board of Supervisors. 4 of 5 GCAM GAFWURSWUF\Annual Fee Adopt\FY 06-07\Engineer Report.doc PAECTED ERU RATES and REVENA Stormwater ,Proposed Number.,of � . ;Estimated Utility Area Agency ERU.5Rate for- !ERUs Revenue ,No. FY:2006 07 ;. 1 Antioch 42,930 $25.00 $1,073,255 2 Clayton 4,354 $29.00 $126,272 3 Concord 58,267 $35.00 $2,039,339 4 Danville 18,409 $27.50 $506,242 5 EI Cerrito 10,383 $38.00 $394,544 6 Hercules 8,673 $35.00 $303,540 7 Lafayette 12,894 $35.00 $451,295 8 Martinez 21,441 $30.00 $643,242 9 Moraga 8,206 $35.00 $287,218 10 Orinda 10,536 $35.00 $368,750 11 Pinole 8,928 $35.00 $312,479 12 Pittsburg 26,112 $30.00 $783,366 13 Pleasant Hill 16,452 $30.00 $493,563 14 San Pablo 9,286 $43.00 $399,280 15 San Ramon 27,279 $35.00 $954,776 16 Walnut Creek 35,367 $35.00 $1,237,852 17 Unincorporated County 92,531 $30.00 $2,775,919 18 Oakley 15,008 $30.00 $450,236 TOTAL: 427,056 $13,601,169 5 of 5 GCAM GAFIdCtl\SWUF\Annual Fee Adopt\FY 06-07\Engineer Report.doc RESOLUTION NO. 2006/43 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2006/07 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under the Federal Clean Water Act, prescribed discharges of storm water require a permit from the appropriate California Regional Water Quality Control Board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of Antioch (CITY) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering storm waters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Storm Water Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra Costa County Flood Control & Water Conservation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Storm Water Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between CITY and DISTRICT requires that CITY, by May 1st, 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 2006/07 shall 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 25th day of April, 2006, by the following vote: AYES: Council Members Davis, Kalinowski and Conley NOES: None RECUSED: Mayor Freitas ABSENT: Council Member Simonsen L. O E MARTI , City Clerk RESOLUTION NO. 10-2006 A RESOLUTION ESTABLISHING THE RATE PER EQUIVILANT RUN-OFF UNIT (ERU) FOR FY 2006-2007 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)], 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 NPDES 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 underthe NPDES program; and WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and local drainage maintenance activities; and WHEREAS, at the request of the City, the Contra Costa County Flood Control District and Water Conservation District (District) has completed the process for the formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance"No:. 93-47; and WHEREAS, the SUA and Program Group Costs payment agreement between the City and the District requires that the City of Clayton annually, by May 1, determine the rate to be assigned to a single ERU for the forthcoming fiscal year; and Resolution No. 10-2006 1 March 21, 2006 0 • 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 per ERU; and WHEREAS, the City of Clayton has been at its maximum $29 per ERU rate since FY 1999-2000 (the last seven fiscal years) and the same rate is proposed for FY 2006-07. 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 2006-07 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 ar;u 'Water Conservation District to adopt the SUA levies based on the above established rate. Adopted by the City Council of the City of Clayton, California at a regular meeting held on March 21, 2006, by the following vote: AYES: Councilmember Laurence, Pierce, Manning, Vice Mayor Waicutt and Mayor Shuey. NOES: None. ABSENT: None. ABSTAIN: None. THE CITY COUNCIL OF CLAYTON, CA David T. Shuey, Mayor ATTEST: I hereby certify that Resolution No. U was duly and regularly passed by the City Council of the City Of Clayton ata regular meeting held on �t , Rhonda K. Basore, City Clerk `s ► wcZ . Rhonda K.Baso=r i(�tyClerk Resolution No. 10-2006 2 March 21. 2006 CER IED COPY 1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 2 3 A Resolution Authorizing the Contra Costa County Flood Control &: Water Conservation District to 4 Establish an Annual Parcel Assessment for FY 2006/07 for Drainage Maintenance and the National 5 Pollutant Discharge Elimination System Program Resolution No. 06-1 / 6 7 WHEREAS, under the Federal Water Pollution Control Act, [33 U.S.C. Section 1342(p)], 8 certain municipal storm water discharges require a permit from the appropriate federal or state 9 authorities pursuant to the National Discharge Elimination System (NPDES) Program; and 10 WHEREAS, the City of Concord, in conjunction with other affected jurisdictions within 11 Contra Costa County, applied to the State Regional Water Quality Control Board and received a Joint 12 NPDES Permit and developed a Storm Water Management Plan; and 13 WHEREAS, Assembly Bill 2768 (West's Water Code Appendix, Section 63-12 and 63=12.9) 14 authorizes the Contra Costa Flood Control and Water Conservation District (DISTRICT)to establish 15 storm water utility areas and to impose annual benefit assessments for the purpose of carrying out the 16 activities required under the NPDES Program; and 17 WHEREAS, the DISTRICT has completed the process for formation of a Storm Water Utility 18 Area (SUA), including the adoption of the Storm Water Assessment Drainage Ordinance No. 93-74; 19 and 20 WHEREAS, the SUA and Program Group Costs Payment Agreement between the City of 21 Concord and DISTRICT requires the City of Concord, annually, by May 1, to determine the rate to be 22 assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year; and _ 23 WHEREAS, the City Council adopted Resolution 93-14, which established the range of 24 annual assessment to be imposed by the DISTRICT within the storm water utility area not to exceed 25 $35 per ERU. 26 27 28 // Res.No.06-01 1 I NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES 2 RESOLVE AS FOLLOWS: 3 Section 1. The annual assessment to be imposed by the DISTRICT within the storm water 4 utility area shall be$35.00 per Equivalent Runoff Unit (ERU) for Fiscal Year 2006/07, and shall not 5 exceed a maximum of$35.00 per ERU for subsequent fiscal years. 6 Section 2. The City Council requests the DISTRICT to adopt storm water utility area levies 7 based on said amount. 8 Section 3. This resolution shall become effective immediately upon its passage and adoption. 9 PASSED AND ADOPTED by the City Council of the City of Concord on January 24, 2006, 10 by the following vote: 11 AYES: Councilmembers -H. Allen, L. Hoffineister, M. Peterson, W. Shinn, S. Bonilla 12 NOES: Councilmembers - None 13 ABSTAIN: Councilmembers -None 14 ABSENT: Councilmembers -None 15 I HEREBY CERTIFY that the foregoing Resolution No. 06-1.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 January 24, 2006. 18 19 Mary Raehman City Cler 20 APPROVED AS TO FORM: 21 certify thatthis,is a cRpy 22 a document offii in this Craig Laba iey Clerk 23 Cit Attorney , Y Y SEAL City Concord,California 24 ((( cc: Contra Costa County Flood Control & Water Conservation District 25 26 27 28 Res.No.06-01 2 I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that this is a true and correct copy of Town Council Resolution No. 38-2006. Marie Sunseri, City Clerk RESOLUTION NO. 38-2006 AUTHORIZING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2006-07 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 years 1999-2005 (plus a one-year extension); 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 to$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 fiscal year 2006-07 Stormwater Utility Assessment to be maintained at$27.50 per ERU for all properties within Danville. APPROVED by the Danville Town Council at a regular meeting on April 4, 2006, by the following vote: AYES: Stepper, Shimansky, Andersen, Arnerich, Doyle NOES: None ABSTAINED: None ABSENT: None MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK RESOLUTION 2006-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ESTABLISHING THE RATE AND ADOPTING AN ANNUAL PARCEL ASSESSMENT FOR THE DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM (NPDES) WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit "from the. appropriate California Regional Water Quality Board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of EI Cerrito did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City of 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 EI 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 determine that the rate to be assigned to a single ERU for FY 2006-2007 shall be set at $38.00. BE IT FURTHER RESOLVED that the City Council of the City of EI Cerrito does hereby request the DISTRICT to adopt SUA levies based on said amount. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on March 20, 2006 the City Council of the City of EI Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: Bridges, Jones, Moore and Potter NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Abelson IN WITNESS of this action, I sign this document and affix the corporate seal of the City of EI Cerrito on March 21., 2006. Carol Jean Wilson, City Clerk APPROVED: Janet Abelson, Mayor RESOLUTION NO.06-022 CONTINUING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2006-07 AT 535.00 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS,under Federal Water Pollution Control Act,prescribed discharges of stormwater require a permit from appropriate California Regional Water Quality Board under the National Discharge Elimination . System (NPDES)Program;and WHEREAS, the City of Hercules, County of Contra Costa did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS,it is the intent of the City of Hercules to utilize funds received from its Stormwater Utility Area (SUA)for implementation of NPDES program and drainage maintenance activities;and WHEREAS, at the request of the City of Hercules, Contra Costa County Flood Control and water Conservation District (District)has completed the process for formation of a SAU, including the adoption of the Stormwater Utility Assessment Drainage Ordinance 93-47;and WHEREAS,the SAU and Program Group Costs Payment Agreement between the City of Hercules and District requires that the City of Hercules annually,by April 14,determine that the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the Council hereby determines that the rate be assigned to a single ERU for FY 2006-07 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 a regular meeting of the City Council of the City of Hercules held on the 14`b day of March 2006 by the following vote of the Council. AYES: Balico,Batara,Raines,Ward,Evans-Young NOES: None ABSENT: None Trevor Evans Young,Mayor AT •' ` Mathews,City Clem:1-� - y 9 P TiqgjE copy _J BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE MATTER OF: Establishing the Rate per Equivalent Runoff Unit for RESOLUTION NO.2006-07 Fiscal Year 2006-2007 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 sto-nnwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System(NPDES)program; and WHEREAS, the City of Lafayette (City) did apply for, and did receive, an NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering storinwaters; and WHEREAS, it is the intent of the City to utilize funds received from its Storinwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City, the Contra Costa County Flood Control and Water Conservation District (District) has completed the process for formation of an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No.9347; and WHEREAS, the SUA and Program Group Costs Payment.Agreement between City and District requires that City annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU)for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lafayette does determine that the rate to be assigned to a single ERU for FY 2006-2007 shall be set at $35 (thirty-five dollars). BE IT FURTHER RESOLVED, that the City Council of the City of Lafayette does hereby request the District to adopt SUA levies based on said amount. PASSED AND ADOPTED by the City Council of the City of Lafayette on March 27, 2006, by the following vote: AYES: Samson,Federighi,Anderson,and Tatzin NOES: None ABSENT: Anduri ABSTAIN:None APPROVED: 00* Ivor Samson,Mayor ATTEST: anne Robbins,City Clerk . RESOLUTION NO. 034-06 ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2006/2007 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 Martinez (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 ; a.nd 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 Martinez does determine that the rate to be assigned to a single ERU for FY 2006/2007 shall be set at $30 . BE IT FURTHER RESOLVED, that the City Council does hereby request the DISTRICT to adopt SUA levies based on said amount . Y CERTIFY that this r tn; .:cnt is a true and * * * * * * —7 sect copy of the original on file in this office. _ . RICHARD G.HE ANDEZ,CITYCLERK CITY OF TINF2 Deputy BEFORE THE TOWN COUNCIL-OF THE TOWN OF MORAGA In the Matter of: A Resolution Establishing the Rate per Resolution No. 11-06 Equivalent Runoff Unit for FY 2006-07 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 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 2006-07 shall be set at $35.00. BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of. Establishing the Rate per Equivalent ) Runoff Unit for Fiscal Year 2006 - ) 2007 and requesting the Contra ) Costa County Flood Control and ) Water Conservation District to Adopt) Resolution No. 26-06 an Annual Parcel Assessment for ) Drainage Maintenance and the ) National Pollutant Discharge ) Elimination System Program ) WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater:require a permit from the appropriate California regional water quality control board, under the National Pollutant Discharge Elimination System (NPDES)program; and WHEREAS, the City of Orinda did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices (BMPs) to minimize or eliminate pollutants from entering storm waters; and WHEREAS, it is the intent of the City of Orinda to utilize funds received from its Stormwater Utility Area(SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City of Orinda, the Contra Costa County Flood Control and Water Conservation District ("District") has completed the process as.required in order to form an SUA including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment Agreement between the City of Orinda and the District requires that the City of Orinda annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU) for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby determine that the rate to be assigned to a single ERU for FY 2006 - 2007 shall be set at $35.00. BE IT FURTHER RESOLVED that the City of Orinda does hereby request the District to adopt SUA levies based on said amount. I, BETTY L. BLUBAUGH, Deputy City Clerk of the City of Orinda, do hereby certify that the foregoing is a true and correct copy of the original on file in the Orinda City Clerk's Office --Betty L. Blbbaugh, Deputy City`Clerk ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on April 18, 2006,by the following vote: AYES: COUNCILMEMBERS: ABRAMS, SMITH, WORTH, GLAZER, JUDGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE /s/ Bill Judge Bill Judge, Mayor ATTEST: /s/Betty L. Blubaugh Michele Olsen, City Clerk BY: Betty L. Blubaugh, Deputy City Clerk RESOLUTION NO. 2006-35 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF PINOLE ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2006/2007 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of storm water require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of Pinole did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering storm waters; 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 County Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between City of Pinole and DISTRICT requires that the City of Pinole annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED that the City Council for the City of Pinole does determine that the rate to be assigned to a single ERU for FY 2006/2007 shall be set at $ 35.00. BE IT 'FURTHER RESOLVED, that the City Council for the City of Pinole does hereby request the DISTRICT to adopt SUA levies based on said amount. PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 4th day of April 2006 by the following vote: ��u6Z AYES: COUNCILMEMBERS: Alegria, Boyle, Cole, Horton, Murray NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None *atrici�a�Athwrbur, CMC City Clerk 1 hereby certify that the foregoing is a true and correct copy of the original document on file in the City Clerk's Office, City of Pinole, Ccntra Costa County,`:state of California, Patricia AthenourXIty Clerk of the City of Pinole Date: ���© April 6, 2006 State of California County of Contra Costa City of Pittsburg I, 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. 06-10513, adopted at a regular meeting of the City Council on April 3, 2006, on file in this office of said City. WITNESS, my hand, and Official Seal This 6th day of April, 2006. 1 Alice E. Evenson Deputy City Clerk BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Resolution of the City Council of the City of ) Pittsburg Establishing the Rate per Equivalent ) Runoff Unit for GY 2006/2007 and Requesting ) The Contra Costa County Flood Control and ) Resolution No. 06-10513 Water Conservation District to Adopt an Annual) Parcel Assessment for Drainage Maintenance ) And the National Pollutant Discharge ) Elimination System Program ) The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, under Federal Water Pollution Control Act (Clean Water Act), prescribed discharges of stormwater require a permit from the appropriate California Regional Water Quality Board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS, the City of Pittsburg (City) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City, the Contra Costa County Flood Control &Water Conservation District (District) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment agreement between City and District requires that City annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE, the City Council finds and determines as follows: Section 1. The rate to be assigned to a single ERU for FY 2006/2007 shall be set at 30.00; and The City Council hereby 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 3rd day of April, 2006 by the following vote: AYES: Member Casey, Glynn, Johnson, Parent, and Mayor Kee NOES: None ABSTAINED: None ABSENT: None Micha I B. ee, Mayor ATTEST: Lillian J. Pride, City Clerk Page 2 of 2 RESOLUTION NO. 10-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING PARTICIPATION IN THE STORMWATER POLLUTION MANAGEMENT UTILITY DISTRICT AND AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2006/07 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 permit 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 Hill 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 Equivaient Runoff Unit(ERU); and WHEREAS, it is the intent of the City of Pleasant Hill to utilize funds received from its Stormwater Utility Area for complying with NPDES permit conditions (preventing stormwater pollution) and performing drainage system maintenance activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that: 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 2006/07 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 20th day of March , 2006,by the following vote: AYES: Angeli, Hanecak, Harris, Williamson NOES: None ABSENT: Durant TERRI L. WILLIAMSON, Mayor ATTEST: MARTY . McINTURF, City Jerk APPROVED AS TO FORM: ED A TRUE y;OF; DEBRA S. MARGOLIS, Ci j Attorney Y:\Steve\NP DES\N PDES406reso.doc RESOLUTION 2006-046 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO ESTABLISHING THE STORMWATER UTILITY ASSESSMENT RATE FOR FY 2006/2007 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 2006/2007 to keep the stormwater utility assessment at $43.00 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 2006/2007 shall be set at $43.00 for each ERU. 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. 1 hereby certify that the for ,oin 's a fall, 2.e"-d K6 true and correct copy o;- Lu .eli0L� .COe'bIn Pei°1.tt'Cin,ClarIf Resolution 2006-046 Emcutive Se--!,%u7j Page 1 BE IT FURTHER RESOLVED that the City Council of the City of San Pablo hereby declares that the foregoing recitations,are true and correct, and are included herein by reference as findings. Adopted this 201h day of March, 2006,by the following vote to wit: AYES: COUNCILMEMBERS: McNeil, Morris, Gomes and Calloway NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Brown ABSTAIN: COUNCILMEMBERS: None ATTEST: APPROVED: /s/Ted J. Denner /s/Genoveva Garcia Calloway Ted J. Denney, City Clerk Genoveva Garcia Calloway, Mayor Resolution 2006-046 Page 2 RESOLUTION NO. 2006-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ESTABLISHING A RATE OF $35 PER EQUIVALENT RUNOFF UNIT FOR FY 2006/2007 FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PROGRAM AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (FLOOD CONTROL DISTRICT) TO ADOPT AN ANNUAL PARCEL ASSESSMENT WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) stormwater program; and WHEREAS, the City of San Ramon (City) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City of San Ramon to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES stormwater program and drainage maintenance activities; and WHEREAS, at the request of the City of San Ramon, the Contra Costa County Flood Control and Water Conservation District (Flood Control 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 May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Ramon does determine that the rate to be assigned to a single ERU for FY 2006/2007 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. Signatures on following page PASSED, APPROVED, AND ADOPTED, this 11th day of April, 2006, by the following vote: AYES: Councilmembers Hudson, Livingstone,-Perkins, Rowley and Mayor Wilson NOES: ABSENT: ABSTAIN: H. Abram Wilson, Mayor ATTEST:] Patricia Edwards, City Clerk I hereby certify that this is a f di,true and accurate copy of a Resolution adopted by the City Council of the City of San Ramon on Cite Clerk CITY OF WALNUT CREEK RESOLUTION NO. 06-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK ESTABLISHING THE CLEAN WATER PROGRAM RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2006/2007 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM WHEREAS, under Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES)program; and WHEREAS, the City of Walnut Creek (CITY) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the CITY to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the CITY, the Contra Costa County Flood Control & Water Conservation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment agreement between CITY and DISTRICT requires that CITY annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Walnut Creek does determine that the rate to be assigned to a single ERU for FY 2006/2007 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 4`" day of April 2006,by the following called vote: AYES: Councilmembers: Regalia,Abrams, Skrel, Rainey, Mayor Hicks NOES: Councilmembers: None ABSENT: Councilmembers: None /s/Kathy Hicks Mayor of the City of Walnut Creek THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution February 7, 2006 by the following vote: AYES: Uilkema, Piepho,DeSaulnier,Glover and Gioia NOES. None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006l�(o SUBJECT: ESTABLISH the rate per equivalent runoff unit for Stormwater Utility Area 17 (Urtincorporated County)for Fiscal Year 2006-2007 and request that the Contra Costa County Flood Control and Water Conservation District ADOPT an annual parcel assessment for drainage maintenance and the National Pollutant Discharge Elimination System Program, Countywide. (Stormwater Utility Area 17 Funds) The Board of Supervisors of Contra Costa County RESOLVES THAT; WHEREAS,under Federal Water Pollution Control Act,prescribed discharges of stonnwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System(NPDES)Program; and WHEREAS,the COUNTY of CONTRA COSTA(County) did apply for, and did receive, a NPDES permit,which requires the implementation of selected Best Management Practices(BMPs)to minimize or eliminate pollutants from entering stormwaters; and 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. GC:LM:cw G:\GipData\F]dCtl\Board Orders 2005 Onward 12006 Resolutions\SUA 17 Adopt ERU Rate Res 2-07-06-doc ATTESTED: Originator: Public Works(FC) Contact: Greg Connaughton(925)313-2271 JOHN SWEETEN,Clerk 6&VBoard of Supervisors and cc: County Administrator County Administrator County Counsel County Auditor Controller Public Works R.1jerly,County Watershed Program BY Deputy L.Martinez,Flood Control RESOLUTION NO. 20061�(o SUBJECT: Establish Equivalent Runoff Unit Rate For Stormwater Utility Area 17 (Unincorporated County) for Fiscal Year 2006-2007 and Request that Contra Costa County Flood Control and Water Conservation District Adopt an Annual Parcel Assessment, Countywide. (Stormwater Utility Area 17 Funds) DATE: February 7, 2006 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 an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance NO. 93-47; and WHEREAS, the Stormwater Utility Area Agreement between the County and the District requires that the County 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 does determine that the rate to be assigned to a single ERU for Fiscal Year 2006-2007 shall be set at$30. BE IT FURTHER RESOLVED,that the County Board of Supervisors does hereby request the District to adopt SUA 17 levies based on said amount. RESOLUTION NO. 2006/ CITY Of Ir r &LEY A PLACE for FAMILIES 171 the HEART of the DELTA I, Nancy Ortenblad, City Clerk of the City of Oakley, do hereby certify that this is a true and accurate copy of Resolution No. 66-06 which was approved by the Oakley City Council on April 24, 2006. Nan y Orten ad, City Clerk RESOLUTION NO. 66-06 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2006/2007 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 2006/2007 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. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the.book of original resolutions. ADOPTED, THIS 24th day of April, 2006 by the following vote: Resolution No. 66-06 Page 1 AYES: Connelley, Nix, Rios, Romick NOES: None ABSTENTIONS: None ABSENT: Anderson APPROVED: M YOR ATTEST: CITY C RK Resolution No. 66-06 Page 2 r F Emelda Sharp To: wctlegals�a}cctimes.com 05/24/2006 10:00 AM Subject: STORMWATER UTILITY ASSESSMENTS FOR FY 2006-2007 Dear Anashia, Please publish the above NOTICE TO CONTRACTORS, re: STORMWATER UTILITY ASSESSMENTS FOR FY 2006-2007, in your WEST COUNTY TIMES, under our REF No. 1178, on June 13 and June 19, 2006. Thank you for your attention. STORMWATER UTILITY ASSESSMENTS FOR FY 2006-20 Emelda L. Sharp Clerk of the Board R -' LEGAL :PUBLICATION REQUISITION gip= R ` ti� Contra Costa County FROM: Clerk of the Board TO: WEST COUNTY TIMES 651 Pine St., Room 106 E-MAIL: wctlegals@cctimes.com Pine Street, Martinez 94553 FAX No. 510-243-3500 Requested by: EMY L. SHARP Date: MAY 24, 2006 Phone No.: 925-335-1903 Reference No.: 1178 Org.: Sub Object: 2190 Task: SAS Activity: Publication Date (s) JUNE 13, 2006 AND JUNE 19, 2006 i No. of Pages: (2) LEGAL PUBLICATION NOTICE OF PUBLIC HEARING TO ADOPT STORM WATER UTILITY ASSESSMENTS FOR FY 2006/07, FOR STORM WATER UTILITY AREAS, l THRU 18, COUNTYWIDE e-mail *'** Immediately upon expiration of publication, *** send in one affidavit for each publication in order that the auditor m be authorized to pay you bill. Authorized Signature. c� Please confirm date of pjblication and receipt of this fax. f CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT 255 Glacier Drive, Martinez, CA 94553 PUBLICATION OF NOTICE OF HEARING NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2006-2007 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH IS, COUNTYWIDE. The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control & Water Conservation District, RESOLVES THAT, The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adopt ordinance for Stormwater Utility Assessments; and The Board, On June 22, 1993, established Stormwater Utility area 1 (Antioch), 2 (Clayton), 3 (Concord), 4 (Danville), 5 (El Cerrito), 6 (Hercules), 7 (Lafayette), 8 (Martinez), 9 (Moraga), 10 (Orinda), ll (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 18 (Oakley). These areas consist of that real property located in the incorporated limits of the cities indicated and the unincorporated County', and This Board also has before it the Chief Engineer's report providing an estimate of the cost of the National Pollutant Discharge Elimination System (NPDES) permit 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 2006-2007 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 2006-2007 be adopted for Stormwater Utility Areas 1 through 18; and At 9:30 a.m. on June 27, 2006, 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 2006-2007 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 2006-2007 Stormwater Utility Assessments. Upon conclusion of the healing, the Board may abandon the proposed actions, or proceed with the same. The exterior boundaries of the Stormwater Utility Areas include lands within the cities indicated above. PUBLICATION DATES: 1 hereby certiA,that this is a true and correct copy of an action taken and entered on the nriruites of the Board of Supervisors on the date shown. June 13, 2006 & June 19, 2006 ATTESTED: Mav 24 2006 JOHN CULLEN. Clerk of the Board of Supervisors and County Administrator By EMY L. SHARP DevutN' i A ;.Emelda Sharp To: Idlegals@cctimes.com x < cc: " ► 5:45/24/2006 10:07 AM Subject: STORMWATER UTILITY ASSESSMENTS FOR FY 2006-2007 Dear Anashia, Please publish the above NOTICE TO CONTRACTORS, RE: STORMWATER UTILITY ASSESSMENTS FOR FY 2006-2007, in your EAST COUNTY TIMES, on June 13, and June 19, 2006, under our Ref No. 1179. Thank you for your attention. STORMWATER UTILITY ASSESSMENTS FOR FY 2006-20 Emelda L. Sharp Clerk of the Board - ` LEGAL PUBLICATION REQUISITION h� Boa Contra Costa County FROM: Clerk of the Board . TO: East County Times 651 Pine St., Room 106 E-MAIL: tdlegaIs@cctimes.com Pine Street, Martinez 94553 FAX No. 925-779-7114 Requested by: EMY`-Z• SHARP Date: MAY 24, 2006 Phone No.: 925-335-1903 Reference No.: 1179 Org.: Sub Object: 2190 Task: SAS Activity: Publication Date (s) JUNE 13, 2006 AND JUNE 19, 2006 No. of Pages: (2) LEGAL PUBLICATION NOTICE OF PUBLIC HEARING TO ADOPT STORM WATER UTILITY ASSESSMENTS FOR FY 2006/07, FOR STORM WATER UTILITY AREAS, 1 THRU 18, COUNTYWIDE e-mail ** Immediately upon expiration of publication, * send in one affidavit for each publication in order that the auditor may be authorized to pay you bill. Authorized Signature: f Please confirm date of publication and receipt of this fax. CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT 255 Glacier Drive, Martinez, CA 94553 PUBLICATION OF NOTICE OF HEARING NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2006-2007 FOR STORMWATER UTILITY AREAS NO. I THROUGH IS, COUNTYNN/IDE. The Board of Supervisors of Contra Costa County', as the Governing Body of the Contra Costa County Flood Control & Water Conservation District, RESOLVES THAT-, The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish Stormwater Utility Areas, and adopt ordinance for Stormwater Utility Assessments-, and The Board, On June 22, 1993, established Stormwater Utility area I (Antioch), 2 (Clayton), 3 (Concord), 4. (Danville), 5 (El Cerrito), 6 (Hercules), 7 (Lafayette), 8 (Martinez), 9 (Moi-aga), 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 18 (Oak1ley). 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 FY 2006-2007 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 2006-2007 be adopted for Stormwater Utility Areas I through 18; and At 9:30 a.m. on June 27, 2006; 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 2006-2007 Stormwater Utility Assessments. At the heal-Ing, this Board will heal- and pass upon any and all written and oral objections to the adoption of the proposed Fiscal Year 2006-2007 Stormwater Utility Assessments. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The exterior boundaries of the Stormwater Utility Areas include lands within the cities indicated above. PUBLICATION DATES: herebv:certify that flus is true and correct copy of an action taken and entered on die minutes of the Board of Supervisors on the date shown. Jwie 13, 2006, & Jwle 19, 2006 ATTESTED: May 24 2006 JOHN CULLEN. Clerk off the Board of Supervisors and County Administrator By EMY L SHARP DCDLII\'