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HomeMy WebLinkAboutMINUTES - 05222007 - C.16 SE TO: BOARD OF SUPERVISORS, AS GOVERNING ---- Contra BOARD OF THE FLOOD CONTROL&WATER CONSERVATION DISTRICT moo:` '= Costa n 7 aiuud , FROM: MAURICE M. SHIU, CHIEF ENGINEER A gar= County DATE: MAY 22, 2007 f SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FORFISCAL YEAR 2007-2008, COUNTYWIDE. (ALL DISTRICTS) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 1. ACCEPT the Chief Engineer's report for the adoption of Stormwater Utility Assessments for Fiscal Year 2007-2008 for Stormwater Utility Areas Numbers 1 through 18; 2. ACKNOWLEDGE receipt of resolutions requesting adoption of Stormwater Utility Assessments for Fiscal Year 2007-2008 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: ❑x SIGNA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN IO FB CO _�APPROVE OTHER r SIGNATURE(S): ACTION OF BOA O � 02 02� al� -'� APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON ✓UNANIMOUS(ABSENT Ong/ ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Linda Martinez(925-313-2279) LM:cw G:\FldCtl\Board Orders 2005 Onwardt2007 BO\Set Hrg to Adopt SUA BO 5-22- ATTESTED 07.doc JOHN CUNZN,CLERK OF THE BOARD OF SUPERVISORS cc: County Assessor County Auditor-Controller County Counsel Treasurer-Tax Collector BY: _ � ,DEPUTY Public Works: Greg Connaughton,Flood Control SUBJECT: SET HEARING FOR ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2007-2008, COUNTYWIDE. (ALL DISTRICTS) DATE: MAY 22, 2007 PAGE: 2 of 2 3. ADOPT the attached Resolution,and FIX June 26,2007, 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 2007-2008 for said areas. FISCAL IMPACT: The proposed assessments for Stormwater Utility Areas 1 through 18 will provide approximately$13,743,197 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(County),its incorporated cities,and the Contra Costa County Flood Control and Water Conservation District(Flood Control District)working collectively under a Joint Municipal Stormwater 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 Stonnwater 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.hi order to meet this need, the County proposed legislation providing a financial option for municipalities to use through the Flood Control 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 governing board of 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 2007-2008 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 2007-2008 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 22, 2007,by the following vote: AYES: Gioia,Uilkerna, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ ,zZH (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 2007-2008 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 and 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), 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 (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:\FldCtl\Board Orders 2005 Onward\2007 Resolutions \Set Hrg to Adopt SUA Assmnt Reso 5-22-07.doc �/ Orig.Dept:Public Works(Flood Control) ATTESTED: / 4'�/ '1-0? °2 Contact: Linda Martinez (925)313-2279 cc: County Administrator JOHN CULLEN,Clerk-df the Board of Supervisors and County Assessor County Administrator County Auditor/Controller County Counsel County Treasurer/Tax Collector Public Works: By— Greg Connaugbton,Flood Control Deputy RESOLUTION NO. 2007/a�� SUBJECT: Notification of Hearing to Consider the Adoption of Stormwater Utility Assessments for Fiscal Year 2007-2008 for Stormwater Utility Areas No. 1 through 18, Countywide. (All Districts) DATE: May 22, 2007 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 2007-2008 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 2007-2008 be adopted for Stormwater Utility Areas 1 through 18; and At 9:30 a.m. on June 26, 2007, 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 2007-2008 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 2007-2008 Stormwater Utility Assessments. Upon conclusion of the hearing, the Board may abandon the proposed actions or proceed with the same. The Clerk ofthe Board is DIRECTED to publish a Notice ofHearing,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 East County Times newspapers of general circulation, circulated in areas proposed to adopt Fiscal Year 2007-2008 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 Contra Costa County Flood Control and Water Conservation District. RESOLUTION NO. ?007/02 Exhibit A Phil Hoffmeister Laura Hoffmeister Jeff Roubal City of Antioch City of Clayton City of Concord P. O. Box 5007 6000 Heritage Trail 1455 Gasoline Alley Antioch, CA 94531-5007 Clayton, CA 94517 Concord, CA 94519 Christine McCann Bruce King Erwin Blancaflor Town of Danville City of EI Cerrito City of Hercules 510 La Gonda Way 10890 San Pablo Ave. 111 Civic Drive Danville, CA 94526 EI Cerrito, CA 94530 Hercules, CA 94547 Donna Feehan Alex Stroup Jill Mercurio City of Lafayette City of Martinez Town of Moraga 3001 Camino Diablo 525 Henrietta St. 2100 Donald Drive Lafayette, CA 94549 Martinez, CA 94553 Moraga, CA 94556 Frank Kennedy Jason Vogan Cathleen Terentieff 2586 Comistas Drive City of Oakley City of Orinda Walnut Creek, CA 94590 3231 Main St. P.O. Box 2000 Oakley, CA 94561 Orinda, CA 94563 Nancy Voisey Chris Barton Roderick Wu 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 Steven Spedowfski Rinta Perkins City of San Pablo City of San Ramon City of Walnut Creek One Alvarado Square 3180 Crow Canyon Place, P. O. Box 8039 San Pablo, CA 94806 Suite 140 Walnut Creek, CA 94596 San Ramon, CA 94583 Rich Lierly Contra Costa County 255 Glacier Drive Martinez, CA 94553 G:\FldCtl\SWUF\Lists-Labels\Exhibit A mailing list.doc NO. ,007'/ RESOLi1TION. ENGINEER'S REPORT FOR THE ADOPTION OF FISCAL YEAR 2007-08 ASSESSMENTS FOR CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT STORMWATER UTILITY AREAS NOS, 1 THROUGH 18 Prepared by the Staff of the Contra Costa County Flood Control & Water Conservation District 255 Glacier Drive Martinez, CA 94553 April 2007 1. RECOMMENDATION: It is recommended that: a. The Stormwater Utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 2007-2008 be adopted for the Contra Costa County Flood Control and Water Conservation District (Flood Control District) Stormwater Utility Areas (SUAs) for the following incorporated and unincorporated areas: PROPOSED VS. EXISTING ERU RATES } " R �� �� 6��"�'3�q� a rm ' s ,.. ;' �� �� "� � Exlsting'ERQ r: Proposed ERU. Stormwater � _� �grea� t � 'yMawmumn Rate for ' Rate for FY Utl�llty Area No i ;�ERUr Rates fY 2006-07 2007 08 in �� k� ' _ 'wi v s. 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 18 Oakley $30.00 $28.00 $30.00 2. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM: Congress adopted the Federal Water Pollution Control Act generally referred to as the Clean Water Act in 1972. It specifically prohibits the discharge of any pollutants (e.g., herbicides, pesticides, oil, grease, etc.) to the "navigable waters of the United States." The initial focus of the Clean Water Act was to prohibit these pollutants from industrial process wastewater and municipal sewage. The Act was amended in 1987 mandating the Environmental Protection Agency (EPA) to establish regulations 2 of 5 GC:LM:cw G:\F1dCt1\SWUF\Annua1 Fee Adopt\FY 07-08\5-22-07 Engineer Report.doc setting forth the National Pollutant Discharge Elimination System (NPDES) Permit Application requirements for stormwater discharges for municipalities, industries and construction projects. Contra Costa County (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 Flood Control District form an SUA for their city territory. The governing board of the Flood Control District established SUAs 1 through 17 on June 22, 1993, and Area 18 on May 9, 2000. 3. STORMWATER UTILITY: A stormwater utility is similar to other utilities. It has a purpose, a geographic boundary, and a method for spreading the utility costs to benefiting properties or recipients. The purpose of the stormwater utility is to fund the implementation of the NPDES program activities required by the permit and the maintenance of the government owned storm drain systems. In development of the stormwater utility legislation, the construction of capital improvements was excluded as a purpose. Stormwater utility assessment revenues can only be spent on the NPDES program activities and storm drain system maintenance. Replacement of a failing storm drain system is considered a maintenance activity as long as the replacement facility is equal in capacity and a comparable type of facility, i.e., pipe storm drain is replaced by another pipe storm drain. The NPDES program activities have been tailored to meet the respective city or County NPDES problems based on their land use activities; thus, each program is different. Also, the cities and County on an individual basis will perform most of the NPDES activities. Consequently, each city comprises a separate SUA. 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 SUAs 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 SUA. 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 2007-08: Indicated below are the estimated budgets for each SUA. The Flood Control 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 Flood Control District provides city staff with an estimate of the number of ERUs assessable in the new year. The agency corresponding with each SUA 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 SUA. The agency governing board approves the rate and requests the Flood Control District approve and implement the desired assessment. The ERU rate in future years cannot 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). GC:LM:cw 3 of 5 G:\F1dCtl\.SWUFWnnual Fee Adopt\FY 07-0815-22-07 Engineer Report.doc PROJECTED EXPENDITURES 11"AL- T111- T "'Agen Stormwaterz t I" NPDES Collector„ U a Utility Area ' Agency 'i:3 Fuhdi fig-(Ij IT, Collection „ , --,- !�, Ifun V din' .. ............ ilk -101,1 Vi= -1 !,5 -17 -,",6 1 Antioch $289,581 $769,532 $5,013 $25,153 $1,089,279 2 Clayton $31,338 $90,506 $698 $3,680 $126,222 3 Concord $356,969 $1,649,058 $6,206 $30,888 $2,043,121 4 Danville $123,503 $367,178 $2,631 $13,189 $506,501 5 El Cerrito $67,331 $318,878 $1,450 $7,382 $395,041 6 Hercules $68,373 $237,802 $1,350 $7,122 $314,647 7 Lafayette $69,397 $374,242 $1,418 $7,228 $452,284 8 Martinez $104,943 $515,301 $2,135 $10,753 $633,132 9 Moraga $46,869 $234,558 $948 $4,911 $287,286 10 Orinda $50,756 $311,246 $1,176 $5,920 $369,098 11 Pinole $55,839 $250,049 $1,071 $5,507 $312,466 12 Pittsburg $180,668 $608,046 $2,671 $13,620 $805,005 13 Pleasant Hill $95,992 $388,046 $1,944 $10,143 $496,125 14 San Pablo $89,549 $303,628 $1,488 $5,633 $400,298 15 San Ramon $152,434 $859,708 $3,077 $16,806 $1,032,025 16 Walnut Creek $189,652 $1,028,555 $3,965 $19,862 $1,242,034 17 Unincorporated $467,902 $2,255,707 $8,707 $43,168 $2,775,484 County 18 Oakley $83,405 $370,538 $1,463 $7,743 $463,149 TOTAL: $2,524,501 $10,932,578 $47,413 $238,705 :$1�3,743,197 (1) Agency funding for NPIDES includes storm drain system maintenance and contingency costs. 5. ESTIMATED STORMWATER UTILITY ASSESSMENT REVENUES IN FY 2007-08: Indicated below are the estimated revenues .for Fiscal Year 2007-08 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 2007-08 assessment is on file with the Clerk of the Contra Costa County Board of Supervisors. GC:LM:cw 4 of 5 GARMASWURAnnual Fee Adopt\FY 07-08\5-22-07 Engineer Report.doc PROJECTED ERU RATES and REVENUES Stormwater Number of Proposed Estimated Utility Area Agency„ ERU Rate for No. ERUs FY 2007-08 Revenue 1 Antioch 43,571 $25.00 $1,089,279 2 Clayton 4,352 $29.00 $126,222 3 Concord 58,375 $35.00 $2,043,121 4 Danville 18,418 $27.50 $506,501 5 EI Cerrito 10,396 $38.00 $395,041 6 Hercules 8,990 $35.00 $314,647 7 Lafayette 12,922 $35.00 $452,284 8 Martinez 21,104 $30.00 $633,132 9 Moraga 8,208 $35.00 $287,286 10 Orinda 10,546 $35.00 $369,098 11 Pinole 8,928 $35.00 $312,466 12 Pittsburg 26,834 $30.00 $805,005 13 Pleasant Hill 16,537 $30.00 $496,125 14 San Pablo 9,309 $43.00 $400,298 15 San Ramon 29,486 $35.00 $1,032,025 16 Walnut Creek 35,487 $35.00 $1,242,034 17 Unincorporated County 92,516 $30.00 $2,775,484 18 Oakley 15,438 $30.00 $463,149 TOTAL: 431,419 $13,743,197 5 of 5 GC:LM:cw G:\F1dCtl\SWUFWnnual Fee Adopt\FY 07-08\5-22-07 Engineer Report.doc RESOLUTION NO. 2007/28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2007/08 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 1 st, 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 2007/08 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 24th day of April, 2007, by the following vote: AYES: Council Members Kalinowski, Moore, Simonsen and Mayor Pro Tem Davis NOES: T >- ABSENT: Mayor Freitas L. J LE MARTIN, City Clerk RESOLUTION NO. 09-2007 A RESOLUTION ESTABLISHING THE RATE PER EQUIVILANT RUN-OFF UNIT (ERU) FOR FY 2007-2008 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 under the NPDES program; and WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and local drainage maintenance activities; and WHEREAS, at the request of the City, the Contra Costa County Flood Control District and Water Conservation District (District) has completed the process for the formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs payment agreement between the City and the District requires that the City of Clayton annually, by May 1, determine the rate to be assigned to a single ERU for the forthcoming fiscal year. Resolution 09-2007 1 March 20,2007 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. WHEREAS, the City of Clayton has been at its maximum $29 per ERU rate since FY 1999-2000 (the last eight fiscal years) and the same rate is proposed for FY 2007-08. 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 2007- 08 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 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 of thereof held on March 20, 2007, by the following vote: AYES: Mayor Walcutt, Vice Mayor Manning, Councilmember Pierce, Shuey and Stratford NOES: None ABSENT: None ABSTAIN: None William R. Walcutt, Mayor A;EST: Laci J. Jack , CV Clerk I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Clayton at a regular meeting held on March 20, 2007. afi Laci J. Jack n, ity Clerk Reso erurate07-08 Resolution 09-2007 2 March 20, 2007 1 CER'T'IFIED 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 2007-08 for Drainage Maintenance and the 5 National Pollutant Discharge Elimination System Program Resolution No. 07-4 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 develop 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.074 1 RESOLUTION NO. 37-2007 AUTHORIZING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2007-08 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,although an update to the permit is currently being negotiated; 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 will 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 2007-2008 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 17,2007,by the following vote: AYES: Shimansky, Andersen, Arnerich, Doyle, Stepper NOES: None ABSTAINED: None ABSENT: None MAYOR APPSED AS TO FORM: TTEST: CITY ATTORNEY CITY CLERK 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 2007-08. 5 Section 2. The City Council requests the DISTRICT to adopt storm water utility area levies 6 based on said amount. 7 Section 3. This resolution shall become effective immediately upon its passage and adoption. 8 PASSED AND ADOPTED by the City Council of the City of Concord on February 13, 2007, 9 by the following vote: 10 AYES: Councilmembers - H. Allen, M. Chavez, L. Hoffineister, W. Shinn I 1 NOES: Councilmembers -None 12 ABSTAIN: Councilmembers -None 13 ABSENT: Councilmembers- M. Peterson 14 I HEREBY CERTIFY that the foregoing Resolution No. 07-4 was duly and regularly 15 adopted at a regular joint meeting of the City Council and the Redevelopment Agency of the City of 16 Concord on February 13, 2007. 17 18 Mary Rae/L hman".. 19 City Clekc APPROVED AS TO FORM: 20 1 certify4hat this f rue copy of •i a document le ln s offic . 21 ' V City Clerk 22 Craig Labadie SEA City of ncord,California 23 City Attorney 24 cc: Contra Costa County Flood Control & Water Conservation District 25 26 27 28 Res.No.074 2 RESOLUTION 2007-17 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)�pr'ogram; and WHEREAS,the City.of El Cerrito did apply for,and did receive,aNPDES permit which requires the implementatidn'of selected Best Management Practices to minimize or eliminate pollutants from entering stor nwaters; 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 El Cerrito and DISTRICT requires that the City of El Cerrito annually,by May 1,determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito does determine that the rate to be assigned to a single ERU for FY 2007-2008 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 March 19, 2007 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: Councilmembers Abelson, Bridges, Jones, Potter and Mayor Moore NOES: None ABSENT: None ABSTAIN: None 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. 37-2007. Marie Sunseri,eiT Clerk RESOLUTION NO. 07-015 CONTINUING THE RATE PER EQUIVALENT RUNOFF UNIT ASSESSMENT FOR FY 2005-06 AT $35.00 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 ELIlVHNATION 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 May 1, determine that the rate to be assessed to a fsingle 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 does hereby determine that the rate be assigned to a single ERU for FY 2007-08 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 27'"day of February 2007 by the following vote of the Council. AYES: McDonald,Raines,Valstad,Ward,Balico NOES: None ABSENT: None Of H E RC r RA &! co,May A G TFG `•�S r I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF THE ORIGINAL / 1 DOCUMENT ONFILEINTHECITYCLERKS Mathews, City Cl e OFFICE,CITY OF HERCULES,CONTRA COSTA -- r COUNTY,STATE OF CALIFORNIA 0 Tq COUH-0 DOREEN S.MATHEWS,CITY CLERK cam ' // - � . DATE: `1 - F-07 CERTIFIED S A TRIM; COPY d �r,Y rc II, OF �r c� a FT o M,CALIFnRNIA BEFORE THE CITY COUNCIL OF THE CITY OF LAFAY IN THE MATTER OF: Establishing the Rate per Equivalent Runoff Unit for ) RESOLUTION NO. 2007-08 Fiscal Year 2007-2008 and Requesting the Contra Costa ) County Flood Control and Water Conservation District ) To Adopt an Annual Parcel Assessment for Drainage ) Maintenance and the National Pollutant Discharge ) Elimination System Program ) WHEREAS, under the Federal Water Pollution Control Act,prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System(NPDES)program; and WHEREAS, the City of Lafayette (City) did apply for, and did receive, an NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities;and WHEREAS, at the request of the City, the Contra Costa County Flood Control and Water Conservation District (District) has completed the process for formation of an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs Payment Agreement between City and District requires that City annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit(ERU).for the forthcoming fiscal year. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lafayette does determine that the rate to be assigned to a single ERU for FY 2007-2008 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 February 12, 2007,by the following vote: AYES: Federighi,Anderson,Andersson,Anduri and Tatzin NOES: None ABSENT: None ABSTAIN: None APPROVED: ATTEST: Carol Federighi,Mayor o nne Robbins, City Clerk RESOLUTION NO. 016-07 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 ; 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 Martinez does determine that the rate to be assigned to a single ERU for F.Yi�2007/:2008 shall be set at $30 . 00; and b:c 9srp: I',^ BE IT FURTHER RESOI3.i D,tl` that the City Council does hereby request tt'e')DI'STRkrCTKtdi.adopt SUA levies based on said amount . SSYf31*XAtA%0`P1*0 BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA In the Matter of: A Resolution Establishing the Rate per ) Resolution No. 16 - 2007 Equivalent Runoff Unit for FY 2007-08 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 Casts 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 2007- 08 shall be set at $35.00. Resolution No. 16-2007 1 April 11, 2007 BE IT FURTHER RESOLVED, that the Town Council does hereby request the DISTRICT to adopt SUA levies based on said amount. PASSED AND ADOPTED by the Town Council of the Town of Moraga at a regular meeting held on April 11, 2007 by the following vote: AYES: Mayor Metcalf, Vice Mayor Deschambault, Councilmembers Bird, Chew and Trotter NOES: None ABSTAIN: None ABSENT: None MicliaelVetcNN, Mayor Attest: r Darlene own Clerk - i t 4 Resolution No. 16-2007 2 April 11, 2007 v ` BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of- Establishing £Establishing the Rate per Equivalent ) Runoff Unit for Fiscal Year 2007 - ) 2008 and requesting the Contra ) Costa County Flood Control and ) Water Conservation District to Adopt) Resolution No. 17-07 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 2007 - 2008 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, Interim 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 this office. Betty L. Blubaugh, Interim Clerk n 4 I I ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on April 10, 2007, by the following vote: AYES: COUNCILMEMBERS: Worth, Smith, McCormick, Severson, Glazer NOES: COUNCILMEMBERS: None ABSENT COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS: None Steven Glazer, Mayor ATTEST: asc Betty L. Blubaugh, In erim C t Clerk F RESOLUTION NO. 2007-08 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2007/2008 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 Pinole did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City of Pinole to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City of Pinole, the Contra Costa County Flood Control & Water Conservation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between City of Pinole and DISTRICT requires that 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 of Pinole Council of 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 OF PINOLE Council 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 6`h day of February by the following vote: AYES: COUNCILMEMBERS: Alegria, Cole, Horton, Murray, Tilton NOES: COUNCILMEMBERS: None ABSENT:. COU S: None 1 hereby certify that the foregoing is a true and correct copy of the original documcn:on file in the City Clerk's Office, city of Pinole. orstra Costa ABSTAIN: = AMBERS`. None Countaliforma. x� a-` i Patricia Athen Cit Clerk of the city of Pinole ZhiDate: Pat icia Athp r, _ " City Clerk ! ��gt/F f 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 FY 2007/2008 ) and Requesting the Contra Costa County ) Resolution No. 07-10754 Flood Control and 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 2007/2008 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 2nd day of April, 2007 by the following vote: AYES: Members Casey, Evola, Kee, Parent and Mayor Johnson NAYES: None ABSTAINED: None ABSENT: None Ben Jo nson, Mayor ATTEST: JZL; 7 lice E. Evenson, City Clerk Page 2 of 2 April 13, 2007 State of California County of Contra Costa City of Pittsburg I, Mary Ellen Overgaard, 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. 07-10754, adopted at a regular meeting of the City Council on April 2, 2007, on file in this office of said City. WITNESS, MY HAND, AND Official Seal This 13th day of April, 2007. Mary 9 Ellen Over aard Deputy City Clerk RESOLUTION NO. 22-07 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 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2007/08 FEE FOR THE CITY OF PLEASANT HILL 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 Stonnwater 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:°UtilityigAreaiAgreement which specifies how Stormwater Utility Area assessment revenue is to be used; and !';.+.tvii:cbSStillYr.LJ.l�i� ;sler")y%Iq'au WHEREAS; the Sto'rmwater 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 Equivalent Runoff Unit(ERU); and WHEREAS, it is the intent of the City of Pleasant Hill to utilize funds received from its Stormwater Utility Area for complying with NPDES permit conditions (preventing stormwater pollution) and performing drainage system maintenance activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that: 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 2007/08 shall be set at$30. RESOLUTION 2007-019 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO ESTABLISHING THE STORMWATER UTILITY ASSESSMENT RATE FOR FY 2007/2008 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, an 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 2007/2008 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 2007/2008 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. I hereby certify that the fer5egoin is a full, true and correct c y of irti 2n 7—d11 Lehny M.Corbin Deputy City Clerk Resolution 2007-019 Executive Secre6ary Page I 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 February 2007,by the following vote to wit: AYES: COUNCILMEMBERS: McNeil, Calloway, Gomes, Brown and Morris NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ATTEST: APPROVED: /s/Ted J. Denney /s/Paul V. Morris Ted J. Denney, City Clerk Paul V. Morris, Mayor Resolution 2007-019 Page 2 RESOLUTION NO. 2007-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ESTABLISHING A RATE OF $35 PER EQUIVALENT RUNOFF UNIT FOR FY 2007/2008 FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PROGRAM AND REQUESTING THE CONTRA COSTA COUNTY - FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) stormwater program; and WHEREAS, the City of San Ramon (City) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City of San Ramon to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES stormwater program and drainage maintenance activities; and WHEREAS, at the request of the City of San Ramon, the Contra Costa County 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 2007/2008 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 24th day of April 2007 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 full, true and accurate copy of a Resolution adopted by the City Council of the City of San Ramon,CA on aoo City Clerk Page 2 of 2 CITY OF WALNUT CREEK RESOLUTION NO. 07-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK ESTABLISHING THE CLEAN WATER PROGRAM RATE FISCAL YEAR 2007-08 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 2007-08 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 17th day of April 2007,by the following called vote: AYES: Councilmembers: Abrams, Silva, Skrel, Regalia, Mayor Rainey NOES: Councilmembers: None ABSENT: Councilmembers: None /s/Susan Rainey Mayor of the City of Walnut Creek Attest: /s/Patrice M. Olds City Clerk of the City of Walnut Creek Emelda Sharp To: cctlegals@cctimes.com 05/22/2007 11:22 AM cc: ,tea Subject: Stormwater Utility Assessments for FY 2007-2008 Dear Jennifer, Please publish the above Hearing in you Contra Costa Times, Re: Stormwater Utility Assessments for FY 2007-2008, under our REF. No. 2060 on June 11, 2007 and June 18, 2007. This Publication needs to run in full circulation including East County Times and West County Times. Thanks for your attention. STORMWATER UTILITY ASSESSMENTS FOR FY2007-20 CLERK OF THE BOARD OF SUPERVISORS 651 PINE STREET, ROOM 106 MARTINEZ, CA 94553 PHONE NO. 925-335-1903 MAIN LINE NO. 925-335-1900 FAX NO, 925-335-1913 Emelda L. Sharp Clerk of the Board hE L LEGAL PUBLICATION REQUISITION Contra Costa County c+�srq-c-UN's �T i FROM: Clerk of the Board TO: Contra Costa Times 651 Pine St., Room 106 P.O. Box 4718 Pine Street, Martinez 94553 Walnut Creek, CA 94596 E-MAIL: cctlegals@cctimes.com FAX No. 925-943-8359 Requested by: EMY L. SHARP Date: MAY 22, 2007 Phone No.: 925-335-1903 Reference No.: Org.: 4500 Sub Object:2190-- Task: SAS Activity: 6X7041 Publication Date (s) JUNE 11, 2007 and JUNE 18, 2007 No. of Pages: (2) LEGAL PUBLICATION STORMWATER UTILITY ASSESSMENTS FOR FY 2007-2008 "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: Please confirm date of publication and receipt of this fax. ter 4� s ` TO: BOARD OF SUPERVISORS == __ Contra CostaC FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOR .S DATE: JANUARY 23, 2007 coCounty Sra' tiri { SUBJECT: Adopt Resolution Requesting the Flood Control and Water Conservation District to Adopt an Annual Parcel Assessment for the County's Watershed Program,Countywide,as recommended by the Public Works Director. (Stormwater Utility Area 17 Funds) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Resolution 2007// establishing an equivalent runoff unit (ERU) rate of$30 for Stormwater Utility Area 17 (Unincorporated County) and requesting the Contra Costa County Flood Control and Water Conservation District (Flood Control District) ADOPT an annual parcel assessment for drainage maintenance and the National Pollutant Discharge Elimination System,(NPDES) Program for unincorporated areas. (n�2� CONTINiJED ON ATTACHMENT: IRSIGNA , /1-Ef j RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ATION OF BOARD COMMITTEE j APPROVE - OTHER SIGNATURE(S): ! i ACTION OF BOA N ' OOOROVED AS RECOMMENDED 1/ OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT A/0 �/ COPY OF AN ACTION TAKEN AND ENTERED ON /✓ UNANIMOUS(ABSENT 0 we�- ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Greg Connaughton(925)3132271 GC:LM:cw / G:\FldCtl\Board Orders 2005 Onward\2007 BO\SUA17 Adopt ERU Rate BO 1-23- ATTESTED 07.doc JOHN CULLEN,NLW OF THE BOARD OF SUPERVISORS cc: County Administrator County Counsel County Auditor Controller Public Works BY: DEPUTY R.Lierly,County Watershed Program L.Martinez,Accounting " SUBJECT: Adopt Resolution Requesting the Flood Control and Water Conservation District to Adopt an Annual Parcel Assessment for the County's Watershed Program,Countywide,as recommended by the Public Works Director. (Stormwater Utility Area 17 Funds) DATE: January 23, 2007 PAGE: 2 of 3 FISCAL IMPACT: No impact to the General Fund. The 2007-2008 rate per ERU is the same as that set for Fiscal Year 2006-2007. Therefore,there will be no change in rate for Unincorporated County property owners. The unincorporated area of Contra Costa County will produce approximately$2,775,390,which will be used to implement the Unincorporated County's Watershed Program. REASONS FOR RECOMMENDATIONS AND BACKGROUND: The Clean Water Program consists of the County, Contra Costa cities and the Flood Control District working together to prevent,reduce or eliminate the discharge of pollutants into the storm drain system,including creeks and other natural waterways. The Clean Water Program was established in response to changes in the Federal Clean Water Act.The Program is known at the federal level as the NPDES Program for Municipal Stormwater Owners. In order to be in compliance with the current NPDES permit, Clean Water Program participants implement a Stormwater Management Plan stipulating a set of activities and a performance or service level. The Stormwater Management Plan is a major component of the Joint Municipal NPDES Stormwater Permit with the California Regional Water Quality Control Boards and is paid for with stormwater utility fee assessments. Adoption of the attached resolution will begin the annual process of assessment adoption. The Board of Supervisors is being asked to set a rate of$30 for one ERU in the Unincorporated County areas and to request that the Flood Control District adopt the stormwater utility assessment. (The Flood Control 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 creeks. Targeted street sweeping throughout the County. Work with County Building Inspection and Public Works inspectors and construction companies/contractors to reduce construction contaminants, such.as paint, cement, oil/fuels and soil erosion from entering storm drains and creeks. 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 and construction and maintenance practices that protect water quality and preserve natural watershed habitats. SUBJECT: Adopt Resolution Requesting the Flood Control and Water Conservation District to Adopt an Annual Parcel Assessment for the County's Watershed Program, Countywide, as recommended by the Public Works Director. (Stormwater Utility Area 17 Funds) DATE: January 23, 2007 PAGE: 3 of 3 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 that minimizes stormwater contamination. Educate marina operators and their marina users through a marina program. CONSEQUENCES OF NEGATIVE ACTION: If the rate per ERU 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 Adopted this Resolution January,23, 2007, by the following vote: AYES: Gioia, Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/3/ SUBJECT: ESTABLISH the rate per equivalent runoff unit for Stormwater Utility Area 17 (Unincorporated County) for Fiscal Year 2007-2008 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, as recommended by the Public Works Director. (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 stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System ODES) Program; and WHEREAS,the COUNTY of CONTRA COSTA(County)did apply for,and did receive,an NPDES permit,which requires the implementation of selected Best Management Practices(BMPs)to minimize or eliminate pollutants from entering stormwaters; and GCtLM:cw I hereby certify that this is a true and correct copy of an G:iF1dCt11Board Orders 2005 Onward action taken and entered on the minutes of the Board of \2007 Resolutions\SUA 17 Adopt ERU Rate Res 1-23-07.doc Supervisors on the date shown. Originator: Public Works(Flood Control) Contact: Greg Connaughton(925)313-2271 cc: County Administrator ATTESTED: fLL a7 rpt al W y o.f County Counsel � County Auditor Controller JOHN CULLEN,Clerk of the kuelfd of Supervisors and Public Works County Administrator R.Lierly,County Watershed Program L.Martinez,Accounting p By 5�� 'Deputy RESOLUTION NO. 2007/N/ SUBJECT: ESTABLISH the rate per equivalent runoff unit for Stormwater Utility Area 17 (Unincorporated County) for Fiscal Year 2007-2008 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, as recommended by the Public Works Director. (Stormwater Utility Area 17 Funds) DATE: January 23, 2007 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 (Flood Control 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 Flood Control 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 2007-2008 shall be set at$30. BE IT FURTHER RESOLVED,that the County Board of Supervisors does hereby request the Flood Control District to adopt SUA 17 levies based on said amount. RESOLUTION NO. 7007/x/ RESOLUTION NO. 33-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2007/2008 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 the City annually, by May 1 st, 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 2007/2008 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. Resolution No. 33-07 Page 1 ADOPTED, THIS 26th day of March, 2007 by the following vote: AYES: Anderson, Connelley, Nix, Rios, Romick NOES: None ABSTENTIONS: None ABSENT: None APPROVED: AYOR ATTEST: CIT CL K Resolution No. 33-07 Page 2 = CI'T'Y m Of KLEY A PLACE for FAMILIES in 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. 33-07 which was approved by the Oakley City Council on March 26, 2007. Nancoftenbfeaa, City Clerk ✓— ,; "Contra Costa Times To: "Emelda Sharp"' <EShar@cob.cccounty.us> °-' Legals" cc: ('`r <cctlegals@cctimes.c Subject: RE'. Stormwater Utility Assessments for FY 2007-2008 om> 05/25/2007 04:09 PM Please respond to cctlegals Dear Emelda, I have this notice scheduled for the CCT (and ECT) for 6/11and 6/18 . Our ad number is 237944.3 . $316 .40 will be billed to your account. I have forwarded your e-mail to wctlegalsTl)cctimes .com for the West County Times. Have a great weekend! Jennifer Valahu Contra Costa Times - Concord Transcript - Lamorinda Sun Legal Advertising Coordinator (925) 943-8019 (925) 943-8359 fax cctlegals@cctimes .com -----Original Message----- From: Emelda Sharp [mailto:ESharC,)cob.cccounty.us) Sent : Tuesday, May 22, 2007 11 :22 AM To: cctlegals@cctimes .com Subject : Stormwater Utility Assessments for FY 2007-2008 Dear Jennifer, Please publish the above Hearing in you Contra Costa Times, Re: Stormwater Utility Assessments for FY 2007-2008, under our REF. No. 2060 on June 11, 2007 and June 18, 2007. This Publication needs to run in full circulation including East County Times and West County Times . Thanks for your attention. (See attached file: STORMWATER UTILITY ASSESSMENTS FOR FY2007-2008 .doc) CLERK OF THE BOARD OF SUPERVISORS 651 PINE STREET, ROOM 106 MARTINEZ, CA 94553 PHONE NO. 925-335-1903 MAIN LINE NO. 925-335-1900 FAX NO, 925-335-1913 Emelda L. Sharp Clerk of the Board "Contra Costa Times Legals" To '"Emelda Sharp..<EShar@cob.cccounty.us> .'; <cctlegals@cctimes.com> ' cc [ 05/25/2007 04:57 PM bcc Please respond to <cctlegals@cctimes.com> Subject RE: Stormwater Utility Assessments for FY 2007-2008 Emelda, When we schedule notices for CCT, they automatically are simultaneously scheduled for ECT (at no additional charge) . Cheers, Jennifer Valahu Contra Costa Times - Concord Transcript - Lamorinda Sun Legal Advertising Coordinator (925) 943-8019 (925) 943-8359 - fax cctlegals@cctimes.com -----Original Message----- From: Emelda Sharp [mailto:EShar@cob.cccounty.us] Sent: Friday, May 25, 2007 4 :49 PM To: cctlegals@cctimes .com Subject: RE: Stormwater Utility Assessments for FY 2007-2008 Dear Jennifer, I read your e-mail forwarding my publication to West County Times . How about the East County Times? Thanks. Have a nice long week end and enjoy. Emelda L. Sharp Clerk of the Board LEGAL PUBLICATION REQUISITION O•, t�AlihN�+ a �,4oy Contra Costa County rT' COL1N� FROM: Clerk of the Board TO: East County Times 651 Pine St., Room 106 E-MAIL: ldlegals@cctimes.com Pine Street, Martinez 94553 FAX No. 925-779-7114 Requested by: EMY L. SHARP Date: MAY 22, 2007 Phone No.: 925-335-1903 Reference No.: 2063 Org.: 4500 Sub Object: 2190 Task: SAS Activity: 6X7041 Publication Date (s) JUNE 11, 2007 AND JUNE 18, 2007 No. of Pages: (2) LEGAL PUBLICATION STORMWATER UTILITY ASSESSMENTS FOR FY 2007-2008 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: Please confirm date of publication and receipt of this fax. "West County Times Legals" To eshar@cob.cccounty.us «... <wctlegalsQo cctimes.com> cc 05/29/2007 01:56 PM bcc Subject CCC Clerk of The Board/Stormwater Utility Assessments for FY 2007-2008 Legal 1697 P.O. 07-08 Stormwater Utility Assestment Publish: June 11, 18, 2007 Cost $153 .40 Contra Costa Times Legals wrote: >Tcni, >Emelda needs this in WCT (see below) . I dont know if she sent it to you, so >here you go. Have a great weekend. (This is for 6/11 and 6/18 . ) >Jennifer Valahu >Contra Costa Times - Concord Transcript - Lamorinda Sun >Legal Advertising Coordinator > (925) 943-8019 > (925) 943-8359 - fax >cctlegals@cctimes.com > >-----Original Message----- >From: Emelda Sharp [mailto:EShar@cob.cccounty.us] >Sent : Tuesday, May 22, 2007 11:22 AM >To: cctlegalsCacctimes.com >Subject: Stormwater Utility Assessments for FY 2007-2008 >Dear Jennifer, > Please publish the above Hearing in you Contra Costa Times, Re: >Stormwater Utility Assessments for FY 2007-2008, under our REF. No. 2060 >on June 11, 2007 and June 18, 2007. > This Publication needs to run in full circulation including East >County >Times and West County Times . > Thanks for your attention. > (See attached file: STORMWATER UTILITY ASSESSMENTS FOR >FY2007-2008 .doc) >CLERK OF THE F3OARD OF SUPERVISORS >651 PINE STRERT, ROOM 106 >MARTINEZ, CA 94553 >PHONE NO. 925-335-1903 >MAIN LINE NO. 925-335-1900 >FAX NO, 925-335-1913 >Emelda L. Sharp >Clerk of the board ' = LEGAL PUBLICATION REQUISITION 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: 04Y L. SHARP Date: MAY 22, 2007 Phone No.: 925-335-1903 Reference No.: 2064 Org.: 4500 Sub Object: 2190 Task: SAS Activity: 6X7041 Publication Date (s) JUNE 111 2007 AND JUNE 18, 2007 No. of Pages: (2) STOR1VATER UTILITY ASSESSMENTS FOR FY 2007-2008 LEGAL PUBLICAT[ON 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: -Please confirm date of publication and receipt of this fax. CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 255 Glacier Drive Martinez, CA 94553 NOTICE OF PUBLIC HEARING NOTIFICATION OF HEARING TO CONSIDER THE ADOPTION OF STORMWATER UTILITY ASSESSMENTS FOR FISCAL YEAR 2007-2008 FOR STORMWATER UTILITY AREAS NO. 1 THROUGH 18, COUNTYWIDE. The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control & Water Conservation District, RESOLVES THAT; The Contra 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 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 2007-2008 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 2007-2008 be adopted for Stormwater Utility Areas 1 through 18; and At 9:30 a.m. on June 26, 2007, 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 2007-2008 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. ATTESTED: MAY 22, 2007 By EMY L. SHARP Deputy PUBLICATION DATES: JUNE 11, 2007 AND JUNE 18,2007 CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT 255 Glacier Drive Martinez, CA 94553 PUBLICATION REQUEST TO: Jane Pennington, Chief, Clerk of the Board Attn: Envy Sharp, Deputy Clerk, Clerk of the Board eshar(2( cob.cccounty.us FROM: Linda Martinez Public Works Department (925) 313-2279 BOARD MTG. DATE: May 22, 2007 PREVIOUSLY APPROVED BY BOS ON: HEARING DATE: June 26, 2007 PUBLICATION .DATES: JUNE 11, 2007 AND JUNE 1.8, 2007 REQUESTED PUBLISHING PAPER(S): Contra Costa Times Do not type below this line—Publication language on following page CADOCUME-1\esha p\LOCALS'1\Temp\C.Lotus.Notes.Data\.--S830600.doe :lad 1 of 3 "Linda Martinez" To: <EShar@cob.cccounty.us> <Imart@pw.cccounty.0 cc: (" > Subject Hearin Confirmation Form and Publication Request 05/01/2007 09:14 AM E my, Please find attached the Hearing Confirmation Form and Publication Request for the annual adoption of the Stormwater Utility Area Assessments. Please let me know if you have any questions. Thank you, Linda Linda Martinez Administrative Services Assistant Ill Contra Costa County Public Works 255 Glacier Drive Martinez CA 94553 925 313-2279 telephone 925 313-2333 fax LniartP,,pw.cccountv.us 5-22-07 Publication Request for Hrq to adopt SUA asst 5-22-07 Hearing Confirmation Form to adopt SUA ass Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive, Martinez, California HEARING CONFIRMATION FORM Hearing Date: June 26, 2007, 9:30 a.m. Name of Person Phoning to Request Hearing: Linda Martinez Phone No.: 313-2279 Hearing Date Confirmed With: Emy of Clerk of the Board Staff on: 4/25/07 Agenda Language (how it will read on the calendar): HEARING To Adopt Stormwater Utility Assessments for Fiscal Year 2007-2008 for Stormwater Utility Areas 1 thru 18 Countywide; ACCEPT Chief Engineer's report; and ACCEPT the resolutions from participating Cities and the unincorporated area of Contra Costa County requesting adoption of the Assessments. 1 . Anticipated length of the hearing: 5 minutes or less X or more 2. Is it controversial? Yes No X 3. Noticing Requirements: Publish Notice of hearing once a week for two (2) successive weeks prior to the hearing 4. Code Section: Government code 6066 5. Publication Requirements: Publication shall be completed at least seven (7) days before hearing and notice shall be given for a period of not less than twenty (20) days. 6. Who is to Publish the Notice? COB X_ PWD _ It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by Board Resolution; the publication cannot be ordered until the Resolution is adopted by the Board of Supervisors 7. If posting of notice is required, who will post? NA 8. If mailing the notice is required, who will provide the clerk with the correct mailing list and labels? Public Works will include an Exhibit of mailing list and labels in set hearing materials. 9. When will this "fix hearing item" be listed on the Board agenda as a consent item? May 22, 2007 GAFldCtl\SW UF\Annual Fee Adopt\FY 07-08\5-22-07 Hearing Confirmation Form to adopt SUA assmnt.doc � y �S]SIO m (q@a-0i � � X } LL f— aox N T rn Q M LL Z Ch 0 O O ON r N C O N N .U') p N O V r LO M tom.. � '@ UNUM c n J N @ @ O J U d C Q co co O U N _0 +>'+ d _ N 0 0 ;_ i "r Q O 3 M E LU E � c moa �,, . •_ �, E Ln i � WE o o w f= a) NN IXU N i i O 00 J J O CO U w L C�0 jO` C Q C U w 0 U O N r N O (D @ Ch (n n C c p Q a> c p O CL Q (fin .0 . QC O _ U N @ Xy O C :•� C i (n .�•rn N O >@ C r.+ yy O CO V OU E > C LL (SS cnC N : N'. M N O C :: Q(n O Nim *k OO (q > O U (d .: 'O p : v. X. Q ui CD U O '� O C Q E E _ °' a : i � m � = LLLLU u' Ca Cd w LLU oroiv m oM o, oM roil « � moi C� ►- E Ci ai : : C vi CQ O ) r—Y cl L- u.7 oclu7 °J n E ITD (D rz' 'o � ci I , i , ) t. 47 a r c If Lu T- I . CLU I•: II W I E r %I c V) az N ,���` cco .LO � { I LO cc O N �) h U ch U Q a rf q �i Ill O N ! =O! EEE Ic, CL I ,n ca ror— o o LoU I � <AI � Q. , ;c7 VI T1OCI 95c'0111 2,7-2=:'2:T`._b e- -31-11 _JO Acd.711-1-i IAIA OD HIS0_, Hd1f10-I EV t,T L�CIE./S /bit G!b_,G',cl ClaTCI ;:.1. `_`' = 'T' 0'S S` 00 C�;:/t7CJ l-Iil'=:=1,11 S-IDI-idCTIA 1 01 HICI I I1-iiS it lois I Q 31.11 i-H`S 11Hl d0 ),I 1f11_i 1 HJI'70 i U1'�JI1'10=i-11 �����I_.I .f. 1..�G1•I��� � :�f''•�I�I�_l ��IN:_�;=1�G'•a 1 i):aG i1JTRF i COSTP, cJ-I II,'I`1` OF THE DATE S,R-TIME DISTANT STO-iJOhi 1L' L+J/M 1'1:I'l_'1'=1" 'S2S,':1 %'.. �_,:.:; 0000 05 n ,22CIJ7 ri,: ii OHFR+i -OST'i+ CDUrlT`r CL.EP"', - -.- NO.-515 DCII 9� _:-�:�ir' ,<:'4'� '^v Nf�L 7•d.P 'Y.r 1.1�L� Y•.'A-A Y.M.II l i~11/ r { FROM; Clerk of the Board 1"(): .omr,—:1 r mcita Times 651 Pince SC, Room 106 f.�.a 1, Bc c 4718) Pirie Street, Martinez 9455 MIalma Cr'+ek5 ("A 414596 1m`-.'VI A IL: ecitle'L)"Asti!!, t4acs.com Requested b}. FfY L. ARP fDi4.�s: NAY• t7' 35--:19 73 ` z :> Phone Na.: �,5�3 � 9tc�dr�r•����1c°�., ��c+,; : ,'c ',� � Or Sub Object:- 1 ,. � Y Publication gte (s) JUNI, 11M 2007s.nd ,711i�F �.t ; ori+;; NO, of 1'a3.f-;f.s- .__�:,`) _• .—__....__ _ 1.1;G, H Pi.-B1.I ,ATCC�\' s2 RrlwAr rra e:z��r r C: t>>5 !4t1 c'azs OR. FY 2tar+7-200 ENGINEER'S REPORT FOR THE ADOPTION OF FISCAL YEAR 2007-08 ASSESSMENTS FOR CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT STORMWATER UTILITY AREAS NOS, 1 THROUGH 18 Prepared by the Staff of the Contra Costa County Flood Control & Water Conservation District 255 Glacier Drive Martinez, CA 94553 April 2007 1. RECOMMENDATION: It is recommended that: a. The Stormwater Utility Assessment Equivalent Runoff Unit (ERU) rates for Fiscal Year 2007-2008 be adopted for the Contra Costa County Flood Control and Water Conservation District (Flood Control District) Stormwater Utility Areas (SUAs) for the following incorporated and unincorporated areas: PROPOSED VS. EXISTING ERU RATES Z,7fi, A _ n �� � Exlsting`ERU Pro osed ERU Stormwater xMaxlrnum p Area hyo° Rate,for ' Rat&for�FY Utilit Area No ERU Rate y FY°2006 07 1 z2007 08 W 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 18 Oakley $30.00 $28.00 $30.00 2. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM: Congress adopted the Federal Water Pollution Control Act generally referred to as the Clean Water Act in 1972. It specifically prohibits the discharge of any pollutants (e.g., herbicides, pesticides, oil, grease, etc.) to the "navigable waters of the United States." The initial focus of the Clean Water Act was to prohibit these pollutants from industrial process wastewater and municipal sewage. The Act was amended in 1987 mandating the Environmental Protection Agency (EPA) to establish regulations 2 of 5 GC:LM:cw GAF1dCt1\SWUFWnnua1 Fee Adopt\FY 07-08\5-22-07 Engineer Report.doc setting forth the National Pollutant Discharge Elimination System (NPDES) Permit Application requirements for stormwater discharges for municipalities, industries and construction projects. Contra Costa County (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 Flood Control District form an SUA for their city territory. The governing board of the Flood Control District established SUAs 1 through 17 on June 22, 1993, and Area 18 on May 9, 2000. 3. STORMWATER UTILITY: A stormwater utility is similar to other utilities. It has a purpose, a geographic boundary, and a method for spreading the utility costs to benefiting properties or recipients. The purpose of the stormwater utility is to fund the implementation of the NPDES program activities required by the permit and the maintenance of the government owned storm drain systems. In development of the stormwater utility legislation, the construction of capital improvements was excluded as a purpose. Stormwater utility assessment revenues can only be spent on the NPDES program activities and storm drain system maintenance. Replacement of a failing storm drain system is considered a maintenance activity as long as the replacement facility is equal in capacity and a comparable type of facility, i.e., pipe storm drain is replaced by another pipe storm drain. The NPDES program activities have been tailored to meet the respective city or County NPDES problems based on their land use activities; thus, each program is different. Also, the cities and County on an individual basis will perform most of the NPDES activities. Consequently, each city comprises a separate SUA. 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 SUAs 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 SUA. 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 2007-08: Indicated below are the estimated budgets for each SUA. The Flood Control 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 Flood Control District provides city staff with an estimate of the number of ERUs assessable in the new year. The agency corresponding with each SUA 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 SUA. The agency governing board approves the rate and requests the Flood Control District approve and implement the desired assessment. The ERU rate in future years cannot exceed the maximum rate shown in Section 1(a) without completing the public notice/hearing process required by SB 1977 (Bergenson) and Proposition 218 (California Constitution, Article XIII D, Section 4). 3 of 5 GC:LM:cw GAF1dCtMWUF1Annua1 Fee AdoptTY 07-0815-22-07 Engineer Report.doc PROJECTED ERU RATES and REVENUES i� 4 '� �d "d��'F� ��xFY. J�'�i f'+.�n� �j�.rar',,�iVn �Stormwater, 4 ti ¢,l 'Proposed , " < 1,,�; Numberaof 1- °o Estimated'. 1 " ` ` i" „`�ERU'Ratefor°i k ,a tllity„Areas r ,,,���,���� Agency'��, Y 4 ,�,�� ��� we e +S , d kac � � ,�ERUs R_ �� Reven u e ��.No r FY""2007 � 1 Antioch 43,571 $25.00 $1,089,279 2 Clayton 4,352 $29.00 $126,222 3 Concord 58,375 $35.00 $2,043,121 4 Danville 18,418 $27.50 $506,501 5 EI Cerrito 10,396 $38.00 $395,041 6 Hercules 8,990 $35.00 $314,647 7 Lafayette 12,922 $35.00 $452,284 8 Martinez 21,104 $30.00 $633,132 9 Moraga 8,208 $35.00 $287,286 10 Orinda 10,546 $35.00 $369,098 11 Pinole 8,928 $35.00 $312,466 12 Pittsburg 26,834 $30.00 $805,005 13 Pleasant Hill 16,537 $30.00 $496,125 14 San Pablo 9,309 $43.00 $400,298 15 San Ramon 29,486 $35.00 $1,032,025 16 Walnut Creek 35,487 $35.00 $1,242,034 17 Unincorporated County 92,516 $30.00 $2,775,484 18 Oakley 15,438 $30.00 $463,149 TOTAL: 431,419 $13,743,197 5 of 5 GC:LM:cw GAF1dCtDSWUF\Annual Fee Adopt\FY 07-08\5-22-07 Engineer Report.doe RESOLUTION NO. 2007/28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2007/08 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 2007/08 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 24`h day of April, 2007, by the following vote: AYES: Council Members Kalinowski, Moore, Simonsen and Mayor Pro Tem Davis NOES: ABSENT: Mayor Freitas L. J LE MARTIN, City Clerk O RESOLUTION NO. 09-2007 A RESOLUTION ESTABLISHING.THE RATE PER EQUIVILANT RUN-OFF UNIT (ERU) FOR FY 2007-2008 AND REQUESTING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AIV 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 under the NPDES program; and WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and local drainage maintenance activities; and WHEREAS, at the request of the City, the Contra Costa County Flood Control District and Water Conservation District (District) has completed the process for the formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, the SUA and Program Group Costs payment agreement between the City and the District requires that the City of Clayton annually, by May 1, determine the rate to be assigned to a single ERU for the forthcoming fiscal year. Resolution 09-2007 1 March 20,2007 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. WHEREAS, the City of Clayton has been at its maximum $29 per ERU rate since FY 1999-2000 (the last eight fiscal years) and the same rate is proposed for FY 2007-08. 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 2007-- 08 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 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 of thereof held on March 20, 2007, by the following vote: AYES: Mayor Walcutt, Vice Mayor Manning, Councilmember Pierce, Shuey and Stratford NOES: None ABSENT: None ABSTAIN: None William R. Walcutt, Mayor ATTEST: T � � Laci J. Jac0br , CtltV Clerk I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Clayton at a regular meeting held on March 20, 2007. Laci J. Jackson, dity Clerk Reso erurate07-08 Resolution 09-2007 2 March 20, 2007 O' ,01 CERTIFIED 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 2007-08 for Drainage Maintenance and the 5 National Pollutant Discharge Elimination System Program Resolution No. 07-4 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 develop 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 r 27 // 28 // Res.No.074 1 4� 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 2007-08. 5 Section 2. The City Council requests the DISTRICT to adopt storm water utility area levies 6 based on said amount. 7 Section 3. This resolution shall become effective immediately upon its passage and adoption. 8 PASSED AND ADOPTED by the City Council of the City of Concord on February 13, 2007, 9 by the following vote: 10 AYES: Councilmembers -H. Allen, M. Chavez, L. Hoffineister, W. Shinn 11 NOES: Councilmembers -None 12 ABSTAIN: Councilmembers -None 13 ABSENT: Councilmembers - M. Peterson 14 I HEREBY CERTIFY that the foregoing Resolution No. 07-4 was duly and regularly 15 adopted at a regular joint meeting of the City Council and the Redevelopment Agency of the City of 16 Concord on February 13, 2007. 17 18 v a,�. Mary Rae/L hrndn 19 City Clekc i` APPROVED AS TO FORM: 20 I certifythat this is`a true copy of t 8 document`% le in this offi 21 v�2 "�,l ` city cleric 22 Craig Labadie S City of ncord,California City Attorney 23 24 cc: Contra Costa County Flood Control & Water Conservation District 25 26 27 28 Res.No.074 2 a , RESOLUTION NO. 37-2007 AUTHORIZING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2007-08 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,although an update to the permit is currently being negotiated; 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 will 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 2007-2008 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 17, 2007,by the following vote: AYES: Shimansky, Andersen, Arnerich, Doyle, Stepper NOES: None ABSTAINED: None ABSENT: None MAYOR 1 lit APPROVED AS TO FORM: TTEST: CITY ATTORNEY CITY CLERK 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. 37-2007. Marie Sunseri,46iT Clerk RESOLUTION 2007-17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ESTABLISHING THE RATE AND ADOPTING AN ANNUAL PARCEL ASSESSMENT FOR THE DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM (NPDES) WHEREAS,under Federal Water Pollution Control Act,prescribed discharges of stormwater require a permit from the appropriate California Regional Water Quality Board under the National Pollutant Discharge Elimination System (NPDES) program; and WHEREAS,the City of El Cerrito did apply for,and did receive,a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City of El Cerrito to utilize funds received from its Stormwater Utility Area(SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS,at the request of the City of 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 El Cerrito annually,by May 1,determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito does determine that the rate to be assigned to a single ERU for FY 2007-2008 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 March 19, 2007 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: Councilmembers Abelson, Bridges, Jones, Potter and Mayor Moore NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 07-015 CONTINUING THE RATE PER EQUIVALENT RUNOFF UNIT ASSESSMENT FOR FY 2005-06 AT $35.00 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 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 by the City Council of the City of Hercules that the Council does hereby determine that the rate be assigned to a single ERU for FY 2007-08 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 27'x'day of February 2007 by the following vote of the Council. AYES: McDonald,Raines,Valstad,Ward,Balico NOES: None ABSENT: None �F HFRC .�AOpPDAq �� co,Mayor `�,c TF5 A 49 ` J I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF THE ORIGINAL DOCUMENT ON FILE IN THE CITY CLERICS Mathews, City Cl z OFFICE,CITY OF RERCULES,CONTRA COSTA :k- COUNTY,STATE OF CALIFORNIA 9QCOOFC• 15. �°' 1�1�Q-(.-Q-P--fc— � / � �LI?.11� � Tq Co UWSl- DOREEN S.MATHEWS,CITY CLERK DATE: in rRiN 1A 1, BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE MATTER OF: Establishing the Rate per Equivalent Runoff Unit for ) RESOLUTION NO. 2007-08 Fiscal Year 2007-2008 and Requesting the Contra Costa ) County Flood Control and Water Conservation District ) To Adopt an Annual Parcel Assessment for Drainage ) Maintenance and the National Pollutant Discharge ) Elimination System Program ) WHEREAS, under the Federal Water Pollution Control Act,prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System(NPDES)program; and WHEREAS, the City of Lafayette (City) did apply for, and did receive, an NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City, the Contra Costa County Flood Control and Water Conservation District (District) has completed the process for formation of an SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 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 2007-2008 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 February 12, 2007,by the following vote: AYES: Federighi,Anderson,Andersson,Anduri and Tatzin NOES: None ABSENT: None ABSTAIN: None APPROVED: ATTEST: Carol Federighi,Mayor c e Robbins, City Clerk RESOLUTION NO. 016-07 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; and WHEREAS, The SUAand 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 2007/2008 shall be set at $30 . 00 ; and BE IT FURTHER ItESOIjVED, ., that the City Council does hereby request the DI'STRTCTVti 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 21st day of March, 2007, by the following vote : AYES : Councilmembers Delaney, Menesini, Ross, Vice Mayor Kennedy, and Mayor Schroder NOES : None ABSENT: None RICHARD G. HERNANDEZ, CITY CLE K CITY OF MARTINEZ • F P`11:�Y CERTIFY that this i..-.trumcnt is a true and correct copy of the original on file in this office. RICHARD G.HERNAND ITY CLERK 1 OF� EZ ty • BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA In the Matter of: A Resolution Establishing the Rate per ) Resolution No. 16 - 2007 Equivalent Runoff Unit for FY 2007-08 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 2007- 08 shall be set at $35.00. Resolution No. 16-2007 1 April 11, 2007 BE IT FURTHER RESOLVED, that the Town Council does hereby request the DISTRICT to adopt SUA levies based on said amount. PASSED AND ADOPTED by the Town Council of the Town of Moraga at a regular meeting held on April 11, 2007 by the following vote: AYES: Mayor Metcalf, Vice Mayor Deschambault, Councilmembers Bird, Chew and Trotter NOES: None ABSTAIN: None ABSENT: None I� �k i ichael etcaMayor Attest: Darlene own Clerk Resolution No. 16-2007 2 April 11, 2007 4Q BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: Establishing the Rate per Equivalent ) Runoff Unit for Fiscal Year 2007 - } 2008 and requesting the Contra ) Costa County Flood Control and ) Water Conservation District to Adopt) Resolution No. 17-07 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 2007 - 2008 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, Interim 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 this office. Betty L. Blubaug� Clerk ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on April 10, 2007,by the following vote: AYES: COUNCILMEMBERS: Worth, Smith, McCormick, Severson, Glazer NOES: COUNCILMEMBERS: None ABSENT COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS: None Steven Glazer, Mayor ATTEST: Betty L. Blubaugh, Interim dtClerk RESOLUTION NO. 2007-08 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2007/2008 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 Pinole did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City of Pinole to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and drainage maintenance activities; and WHEREAS, at the request of the City of Pinole, the Contra Costa County Flood Control & Water Conservation District (DISTRICT) has completed the process for formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and WHEREAS, The SUA and Program Group Costs Payment agreement between City of Pinole and DISTRICT requires that 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 of Pinole Council of 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 OF PINOLE Council 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 61h day of February by the following vote: AYES: COUNCILMEMBERS: Alegria, Cole, Horton, Murray, Tilton NOES: COUNCILMEMBERS: None ABSENT: COU S: None I hereby certify that the foregoing is a true and correct copy of the original documcc:on we in the City Clerk's Office, city of Pinola. c^tra Costa ABSTAIN: AMBERS`. None Count alifornia. c • : . ii 1 Patricia Athen Cit Clerk of the city of Pinole ' Date: Pat icia Ath ur, '` 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 FY 2007/2008 ) and Requesting the Contra Costa County ) Resolution No. 07-10754 Flood Control and 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 2007/2008 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 y PASSED, AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 2nd day of April, 2007 by the following vote: AYES: Members Casey, Evola, Kee, Parent and Mayor Johnson NAYES: None ABSTAINED: None ABSENT: None Ben Jo nson, Mayor ATTEST: lice E. Evenson, City Clerk Page 2 of 2 April 13, 2007 State of California County of Contra Costa City of Pittsburg I, Mary Ellen Overgaard, 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. 07-10754, adopted at a regular meeting of the City Council on April 2, 2007, on file in this office of said City. WITNESS, MY HAND, AND Official Seal This 13th day of April, 2007. Ma ryEllen Over aard '�. Deputy City Clerk RESOLUTION NO. 22-07 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 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2007/08 FEE FOR THE CITY OF PLEASANT HILL 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 Equivalent Runoff Unit(ERU); and WHEREAS, it is the intent of the City of Pleasant Hill to utilize funds received from its Stormwater Utility Area for complying with NPDES permit conditions (preventing stormwater pollution) and performing drainage system maintenance activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that: 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 2007/08 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 March 2007,by the following vote: AYES: Angeli, Hanecak, Harris, Williamson, Durant NOES: None ABSENT: None _ DAVID E. DURANT, Mayor ATTEST: MARIYAC.McINTURF, CiY Clerk APPROVED AS TO FORM: C IFI A T OECOPY Y7 T1 CIIYa6yG1Y0FRF.4 WH1U D BE RA S. MARGOLIS, Ci Attorney YAROD\NPDES\Council\CC Reso Fee 07-08.doc 'RESOLUTION 2007-019 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO ESTABLISHING THE STORMWATER UTILITY ASSESSMENT RATE FOR FY 2007/2008 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, an 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 2007/2008 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 2007/2008 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. I hereby certify that the fe goin is a full, true and correct CODV of �fiu 2 -7—Q(y' Lehny M. Corbin Deputy City Clerk Resolution 2007-019 Executive Seer ary Page 1 =0 J.r- J 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 20'h day of February 2007, by the following vote to wit: AYES: COUNCILMEMBERS: McNeil, Calloway, Gomes, Brown and Morris NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ATTEST: APPROVED: /s/Ted J. Denney /s/Paul V. Morris Ted J. Denney, City Clerk Paul V. Morris, Mayor Resolution 2007-019 Page 2 RESOLUTION NO. 2007-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ESTABLISHING A RATE OF$35 PER EQUIVALENT RUNOFF UNIT FOR FY 2007/2008 FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PROGRAM AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) stormwater program; and WHEREAS, the City of San Ramon (City) did apply for, and did receive, a NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and WHEREAS, it is the intent of the City of San Ramon to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES stormwater program and drainage maintenance activities; and WHEREAS, at the request of the City of San Ramon, the Contra Costa County 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 2007/2008 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 f PASSED, APPROVED, AND ADOPTED, this 24' day of April 2007 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 full, true and accurate copy of a Resolution adopted by the City Council of the City of San Ramon,CA on aoo City Clerk Page 2 of 2 CITY OF WALNUT CREEK RESOLUTION NO. 07-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK ESTABLISHING THE CLEAN WATER PROGRAM RATE FISCAL YEAR 2007-08 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 2007-08 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 17th day of April 2007, by the following called vote: AYES: Councilmembers: Abrams, Silva, Skrel,Regalia, Mayor Rainey NOES: Councilmembers: None ABSENT: Councilmembers: None /s/Susan Rainey Mayor of the City of Walnut Creek Attest: /s/Patrice M. Olds City Clerk of the City of Walnut Creek I HEREBY CERTIFY the foregoing to be.a true and correct copy of Resolution No. 07-12, duly passed and adopted by the City Council of Walnut Creek, County of Contra Costa, State of California, at a regular meeting of said Council held on the 17th da i12007. �P1.NUr8 � e�AT O f U OC9�Q�p M. Olds Clerk of the City of Walnut Creek CALIFO E sE L Contra TO: BOARD OF SUPERVISORS ?�� t`-`-��'� '�' ,- FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOR oCostaCf s .t) DATE: JANUARY 23, 2007 County SUBJECT: Adopt Resolution Requesting the Flood Control and Water Conservation District to Adopt an Annual Parcel Assessment for the County's Watershed Program,Countywide, as recommended by the Public Works Director. (Stormwater Utility Area 17 Funds) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Resolution 2007/3/ establishing an equivalent runoff unit (ERU)rate of$30 for Stormwater Utility Area 17 (Unincorporated County) and requesting the Contra Costa County Flood Control and Water Conservation District (Flood Control District) ADOPT an annual parcel assessment for drainage maintenance and the National Pollutant Discharge Elimination System(NPDES) Program for unincorporated areas. C CONTINUED ON ATTACHMENT: 0 SIGNATURC� d�ZZZk6f / RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMETMXTION OF BOARD COMMITTEE APPROVE OTHER SI GNATURE(S): ACTION OF BOA N Qi L.CGLY oeO e Z PROVED AS RECOMMENDED - ►/ OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT �//� COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT /I/0wej ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Greg Connaughton(925)313-2271 GC:LM:cw / G:\FldCtl\Board Orders 2005 Onward\2007 BO\.SUAl7 Adopt ERU Rate BO 1-23- ATTESTED N/k/»44'a/Y 07.doc JOHN CULLEN, OF THE BOARD OF SUPERVISORS cc: County Administrator County Counsel County Auditor Controller . Public Works BY: DEPUTY R Lierly,County Watershed Program L.Martinez,Accounting ew THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution January 23, 2007, by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/3/ SUBJECT: ESTABLISH the rate per equivalent runoff unit for Stormwater Utility Area 17 (Unincorporated County) for Fiscal Year 2007-2008 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, as recommended by the Public Works Director. (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 stormwater require a permit from the appropriate California regional water quality board under the National Pollutant Discharge Elimination System (NPDES) Program; and WHEREAS,the COUNTY of CONTRA COSTA(County)did apply for,and did receive,an NPDES permit,which requires the implementation of selected Best Management Practices(BMPs)to minimize or eliminate pollutants from entering stormwaters; and GC:LM:cw I hereby certify that this is a true and correct copy of an G:\FldCtl\Board Orders 2005 Onward action taken and entered on the minutes of the Board of \2007 Resolutions\SUA 17 Adopt ERU Rate Res 1-23-07.doc Supervisors on the date shown. Originator: Public Works(Flood Control) Contact: Greg Connaughton(925)313-2271 cc: County Administrator ATTESTED: Va /��/r t/ -Z4 o?ia-a7t County Counsel County Auditor Controller JOHN CULLEN, Clerk of the rd of Supervisors and Public Works County Administrator R.Lierly,County Watershed Program L.Martinez,Accounting By ,Deputy RESOLUTION NO. 2007/ \3/ j SUBJECT: ESTABLISH the rate per equivalent runoff unit for Stormwater Utility Area 17 (Unincorporated County) for Fiscal Year 2007-2008 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, as recommended by the Public Works Director. (Stormwater Utility Area 17 Funds) DATE: January 23, 2007 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 (Flood Control 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 Flood Control 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 2007-2008 shall be set at$30. BE IT FURTHER RESOLVED,that the County Board of Supervisors does hereby request the Flood Control District to adopt SUA 17 levies based on said amount. RESOLUTION NO. 2007 3/ RESOLUTION NO. 33-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2007/2008 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 the City annually, by May 1 st, 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 2007/2008 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. Resolution No. 33-07 Page 1 e lJ ;9 ADOPTED, THIS 26th day of March, 2007 by the following vote: AYES: Anderson, Connelley, Nix, Rios, Romick NOES: None ABSTENTIONS: None ABSENT: None APPROVED: AYOR ATTEST: CIT CL K Resolution No. 33-07 Page 2 CITY Of K -PV Lx.j X APL ACEror FAMILIES in 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. 33-07 which was approved by the Oakley City Council on March 26, 2007. Nanc enb , City Clerk