Full Text
AGENDA BILL Agenda Item No. 7(8) Date: March 6, 2012 To: City Council of the City of El Cerrito From: Jerry Bradshaw, Public Works Director Subject: Authorization to Cast Ballots for 2012 Community Clean Water Program ACTIONS REQUESTED Adopt a City Council resolution authorizing the City Manager to cast ballots for the 2012 Community Clean Water Initiative in the affirmative for all parcels owned by the City ofEl Cerrito, and to submit those ballots to the proper authority by April6, 2012. BACKGROUND The City of El Cerrito is one of the co-permittee municipalities along with the County of Contra Costa, the other 18 cities/towns, and the Contra Costa County Flood Control and Water Conservation District (Flood Control District) under the Municipal Regional Permit (MRP) issued by the San Francisco Regional Water Quality Control Board and/or the Central Valley Regional Water Quality Control Board (Water Board). In 1992 the municipalities formed the Contra Costa Clean Water Program (Program) to work together to meet the Water Board's requirements and comply with the Clean Water Act (Federal) and the Porter Cologne Act (State). Since that time, funding has been a struggle since no federal or state funding was made available to meet these mandates. In 1992 the Program established a Stormwater Utility Assessment (SUA) to fund the activities. The fees were collected by the Flood Control District (except for the cities of Richmond and Brentwood), and disbursed to the individual agencies. In the ensuing years, inflation and ever-expanding permit mandates have progressively increased the costs of stormwater permit implementation and drainage system maintenance. All municipalities now charge the maximum rate authorized by the SUA. In 2009, the Water Board adopted a Municipal Regional Permit (MRP). The MRP is more prescriptive regarding ongoing pollution-prevention activities and mandates greatly expanded stormwater monitoring (implemented mostly on a countywide and regional basis) and trash controls (implemented mostly locally). This created a situation where the municipalities are mandated to perform activities well beyond their current funding capacity. In order to evaluate the level to which additional permit requirements equate to increases in costs to the municipalities, the Program engaged a consultant to investigate additional public financing mechanisms that the Program member municipalities could use to fulfill the requirements of the 2009 MRP. One of the tasks was to collect and analyze ---PAGE BREAK--- Agenda Item No. 7(8) background and reference information and to review and analyze projected future annual costs and sources of funding. Countywide, the analysis showed a funding shortfall growing to over $8 million in the next few years. For El Cerrito, the funding shortfall would grow to approximately $254,000 by fiscal year 2013-14. The funding mechanisms developed were evaluated, and through statistically-valid public opinion polling the property-related fee mechanism was identified as the preferred option. The fee levels were tailored to balance the needs of the various municipalities with the level of support found among the communities. For an average residential parcel, the fee ranges from $12 to $22 annually. In El Cerrito, the fee would be at the $22 level. The analysis of future costs showed a funding need equating to a $23 fee. The Contra Costa County Board of Supervisors, acting as the governing board for the Flood Control District, voted on December 6, 2011 to accept the engineer's report and begin the Prop 218 process. On February 7, 2012 the Board held a public hearing on the matter, and after three hours of testimony voted to proceed to the mail ballot phase. Ballots were mailed on February 21st. Ballots must be received by the designated authority on or before April 6, 2012 at 5:00PM. ANALYSIS El Cerrito owns over 70 parcels. However, many of the City's parcels are unimproved with no impervious surface, and therefore would have no fee assessed. In all, approximately 30 of the City's parcels are subject to the fee. Staff is seeking authorization to cast a vote for the ballots allotted to these parcels, and is seeking direction whether to vote in the affirmative as recommended. A copy of one such ballot is attached for reference along with the official ballot guide that was included in the mailing. Also attached is the list of properties affected. Note that the City received ballots addressed to both the City and the El Cerrito Redevelopment Agency (Agency). In several cases, the tax rolls used to generate the ballots were not completely up to date, either due to the properties being recently sold or the title being transferring as a matter of law due to the dissolution of the Agency on February 1, 2012. The resolution being considered by the City Council only applies to ballots for those properties the City currently owns and that are subject to the proposed assessment. Ballots for properties sold have been forwarded to the new owner. Included on the list of properties is one parcel previously owned by the Redevelopment Agency (Agency), the ownership of which was transferred as a matter of law to the Successor Agency to the El Cerrito Redevelopment Agency (Successor Agency). Staff is working to determine whether the Successor Agency has the authority to consider the ballot for the parcel and, if so, will return with a resolution to that effect for the City Council to consider, acting in its role as the Successor Agency. FINANCIAL CONSIDERATIONS There is no direct fiscal impact of casting these ballots. The assessments, if passed by a majority of property owners casting ballots, comprise a total of $2,489.44 per year. Page 2 ---PAGE BREAK--- Agenda Item No. 7(8) These would be assessed beginning in Fiscal Year 2012-13, and would be included in the various property tax bills and paid from the City's operating funds. Reviewed by: Scott Hanin, City Manager Attachments: 1. City Council Resolution 2. Example Ballot 3. Ballot Guidebook 4. Parcellist Page 3 ---PAGE BREAK--- RESOLUTION 2011-XX Agenda Item No. 7(B) Attachment 1 RESOLUTION OF THEEL CERRITO CITY COUNCIL AUTHORIZING THE CITY MANAGER TO CAST BALLOTS FOR THE 2012 COMMUNITY CLEAN WATER INTITIATIVE FOR ALL PARCELS OWNED BY THE CITY WHEREAS, the City ofEl Cerrito is a member of the Contra Costa Clean Water Program (Program) and a co- permittee under the San Francisco Regional Water Quality Control Board's Municipal Regional Permit; and WHEREAS, the Program has previously established a stormwater utility assessment to fund the activities required by Water Board's permits; and WHEREAS, in the years since the storm water utility assessment has been in place inflation and ever-expanding permit mandates have progressively increased the costs of stormwater permit implementation and drainage system maintenance, thereby creating a situation where the co-permittees are mandated to perform activities well beyond their current funding capacity; and WHEREAS, the Program has developed a proposal known as the 2012 Community Clean Water Initiative whereby a property-related fee structure was crafted for all municipalities in the County that would provide funding for stormwater permit implementation and drainage system maintenance; such fee structure that could be submitted to property owners for approval as a mail ballot pursuant to Proposition 218; and WHEREAS, the Contra Costa County Board of Supervisors, acting as the governing board for the Contra Costa County Flood Control and Water Conservation District, voted on December 6, 2011 to accept the engineer's report and begin the Proposition 218 process, and on February 7, 2012 held a public hearing and voted to proceed to the mail ballot phase; and on February 21, 2012 ballots were mailed to all owners of parcels subject to the assessment under the 2012 Community Clean Water Initiative which must be returned to the designated authority by April6, 2012; and WHEREAS, the City of El Cerrito owns multiple parcels that would be subject to said assessment and has received ballots accordingly; and the City has an opportunity to cast ballots for all parcels so assessed. NOW THEREFORE, BE IT RESOLVED that the City Council of the City ofEl Cerrito authorizes the City Manager to cast ballots for the 2012 Community Clean Water Initiative in the affirmative for all parcels owned by the City ofEl Cerrito, and to submit those ballots to the proper authority by April 6, 2012. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on March 6, 2012 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on March XX, 2012. Cheryl Morse, City Clerk APPROVED: William Jones, Mayor ---PAGE BREAK--- Contra Costa Clean Water Program c/o Caroll/urn unvelope 5. To be tabulated, ballots MUST be received by Friday, April6, 2012 at 5:00p.m. You may return your ballot In the following ways: A) Mail your ballot to the address shown on the enclosed return envelope so that It Is received on or before April 6, 2012 at 5:00 p.m. B) Hand-deliver your ballot. to the Cieri< of the Board of Contra Costa County Supervisors at 651 Pine Street, 1st Floor, Room 106, Martinez, California so that It is received on or before April6, 2012 at 5:00p.m. 50045663 11•111•11111•1r1'•1'1• • "r1l•l illt''l'•l' It I• PARCEL NUMBER [PHONE REDACTED] PROPOSED ANNUAL FEE $39.60 ---PAGE BREAK--- Agenda Item No. 78) Attachment 3 Official Ballot Guide CONTRA COSTA CLEAN WATER P R 0 G R A M 2012 Community Clean Water Initiative Please Return Your Ballot Before Friday, April 6th at 5:00 p.m. ---PAGE BREAK--- Why Did You Receive This Ballot Guide and Official Ballot? This ballot guide provides information about improving water quality in Contra Costa County through a proposed new Glean Water fee that will: • Protect local sources of clean drinking water from contamination and pollution • Remove harmful and dangerous pollutants, toxic chemicals, and potentially infectious bacteria and viruses from our local creeks, reservoirs, lakes, the Delta and Bay • Capture, clean and use rainwater to irrigate local parks and landscaping. This "rainwater harvesting" will also decrease the impacts of polluted stormwater and urban runoff on our local creeks, lakes, the Delta and Bay • Prevent illegal or toxic discharges from industrial and commercial properties • Provide other clean water and pollution control services and facilities required by Federal and State clean water mandates • Keep trash and pollution off our shorelines and out of our local creeks, reservoirs, lakes, the Delta and Bay The official ballot included with this ballot guide allows property owners to decide on this proposed "20i 2 Community Clean Water Initiative." Please read the infonnation in this ballot guide and call the Clean Water Program at 925-3 i 3- 2360 if you have any additional questions. Then complete the official ballot to vote on this initiative. 2 Protecting Clean Water Each year, tons of harmful and dangerous pollutants, bacteria and trash are carried through our communities and enter local creeks, reservoirs, lakes, the Delta and Bay. As water drains from streets, parking lots, and lawns, pollutants are picked up and enter the drainage system through thousands of catch basins throughout Contra Costa County. From there, this polluted water flows through a system of pipes, open channels and creeks into the Delta and Bay. The Contra Costa Clean Water Program is composed of Contra Costa County, all of its nineteen cities and towns, and the Contra Costa County Flood Control & Water Conservation District. These twenty-one agencies are working cooperatively to prevent water pollution, but much more needs to be done to protect and improve local water quality. Also, new and expanded State and Federal clean water mandates require local communities to pay large fines if creeks, reservoirs, lakes, the Delta and Bay are not cleaned up. These are the reasons the Clean Water Program is proposing the 2012 Community Clean Water Initiative to improve local water quality and protect our communities from toxic and dangerous pollutants. 3 l 'll' . :t ---PAGE BREAK--- Local Clean Water Bodies in West County Communities If this measure is approved, the following local creeks and water bodies will benefit from clean water services and projects: • Baxter Creek • Carquinez Shorelines • Cerrito Creek • Edwards Creel< • Garrity Creek • Hilltop Lake • Jewel Lake • Maloney Reservoir • North Reservoir • Pinole Creek • Point Pinole • Refugio Creek • Rheem Creek • Rodeo Creek • San Francisco Bay • San Francisco Bay Shorelines and Wetlands • San Pablo Bay • San Pablo Bay Shorelines and Wetlands • San Pablo Reservoir • Summit Reservoir • Wildcat Creek Baxter Creek Pinole Creek Photo by Ted Thamiter Pinole Shoreline Photo by Ted Thamiter 4 Including Crockett, El Cerrito, El Sobrante, Hercules, Kensington, Pinole, Richmond, Rodeo, San Pablo San Pablo Creek Hilltop Lake 5 ---PAGE BREAK--- Information About Your Proposed Clean Water Fee The proposed annual Clean Water fee for your property is printed on the official ballot included with this ballot guide. The total amount that would be raised County-wide by the proposed 2012 Community Clean Water Initiative for fiscal year 2012-13 is approximately million. The proposed Clean Water fee is based on the cost of clean water and pollution control services and facilities needed to improve water quality and comply with federal and state mandates. The proposed Clean Water fee is calculated based on the average impervious surface (surfaces not permeable by water, such as driveways, pavement and buildings) for properties of different types and sizes. For example, properties with large impervious areas send more polluted water into the storm drain system than property types without impervious surfaces, such as open space. The proposed annual Clean Water fee can only be increased by the consumer price index, or two percent, whichever is less. This will help ensure that Clean Water fee revenues keep pace with the cost of operating and maintaining our clean water and water pollution control services and facilities in future years. For more information, contact the Clean Water Program and/or review the Clean Water Fee Report available from the Program. Moreover, if approved, the Clean Water fee will be levied annually for a period not to exceed 1 0 years. 6 Trash in Creek Device used to Capture Trash in Water Runoff If you have questions about the Clean Water fee or the proposed clean water services, lose your official ballot, require a replacement official ballot, need a proportional official ballot so you can vote your share of your property separately from other owners, or want to change your vote, call the Clean Water Program at (925) 313-2360. The Clean Water fee shall not be imposed if, upon the conclusion of the tabulation, official ballots submitted in opposition to the fee exceed the official ballots submitted in favor of the fee. Failure of any person to receive a ballot(s) shall not invalidate the proceedings. 7 ---PAGE BREAK--- Additional Information For additional information on the Contra Costa Clean Water Program, its services, the proposed Clean Water fee, the - ballot proceeding or to obtain a copy of the Fee Report, call: (925) 31 3-2360 or visit: www.cccleanwater.org Para Ayuda En Espafiol Este infrome contiene informacion sabre su propuesta iniciativa de agua limpia. Es muy importante que entienda el material. Busque Ia asistencia de alguien que puede traducirlo para usted. ® West County ---PAGE BREAK--- 2012 Communit'/_ Clean Water Initiative City Parcel List Fee Location Discription Housing_ $4.62 10860 SPA Tradeway $58.08 10848 SPA Tradeway Facilities $189.20 10900 SPA Public Safety Bldg $132.44 10890 SPA City Hall $113.52 6927 Portola Dr Casa Cerrito $50.82 7150 Schmidt Lane Corp Yard $326.48 7007 Moeser Lane Community Center $46.64 Moeser Lane @ Ashbury (day sch) $189.20 951 Pomona Ave CC Civic Theater $75.68 6500-651 0 Stockton Library $73.26 7431-7501 Schmidt Recycling Ctr $75.68 1520 Arlington Blvd Station 72 Rights of Wa~ $0.66 SPA@ Carlson Plaza Entrance $3.52 SPA@ Carlson Plaza Entrance ( s) Parks $91.52 Tassajara Tassajara Park $35.20 5611 Poinsett Poinsett Park $52.80 Baxter Gateway $285.12 6757 Gatto Ave Canyon Trail Park $77.44 Gatto Ave Upper Canyon Trail/school $51.48 Moeser Lane Cerrito Vista Field $3.60 Eureka@ Liberty Turtle Park $7.04 1 085 Contra Costa Creek/Path $98.56 Terrace Huber Park $70.40 111 0 Arlington Blvd Arlington Park $112.64 1120 Arlington Blvd Arlington Park $21.12 3448 Belmont Creekside Park $7.04 Santa Clara Creekside Park Hillside Natural Area $39.60 HNA (Earl to King) $39.60 Snowden HNA (former tank site) $84.48 Navellier HNA TOTAL Amount $2.489.44 Agenda Item No. 7 Attachment 4 Assessor's Parcel Number [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED]