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El Cerrito Municipal Services Corporation Date: March 6, 2012 To: El Cerrito Municipal Services Corporation Board Agenda Report Item No.4(B) From: Lori Trevino, City's Economic Development Manager Subject: Authorization to cast Ballots for 2012 Community Clean Water Program ACTION REQUESTED Adopt a Municipal Services Corporation resolution authorizing the Executive Director to cast ballots for the 2012 Community Clean Water Initiative in the affirmative for all parcels owned by the Corporation, and to submit those ballots to the proper authority by April 6, 2012. BACKGROUND In 1992 the Contra Costa Clean Water Program (Program) was established by the County of Contra Costa, the nineteen cities/towns in the County, 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), to work together to meet the Water Board's requirements and comply with the Clean Water Act (Federal) and the Porter Cologne Act (State). The City of El Cerrito is one of the co-permittee municipalities. In 1992 the Program established a Stormwater Utility Assessment (SUA) to fund the activities and 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 and trash controls. The municipalities are now mandated to perform activities well beyond their current funding capacity. The increased costs will result in a funding shortfall for El Cerrito of about $254,000 by FY 2013-14. ANALYSIS The Corporation owns nine parcels, seven of which are subject to the fee, as detailed on the attached list of properties. The Executive Director is seeking authorization to cast the Corporation's ballots 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. (Note that ballots were issued based on an out-of-date tax roll and the Corporation's ballots were mailed to the City of El Cerrito and El Cerrito Redevelopment Agency.) / ---PAGE BREAK--- Agenda Item No. 4(8) FINANCIAL CONSIDERATIONS The total assessment for the seven properties is $496.98 per year. If passed by a majority of property owners casting ballots, the assessment would begin in Fiscal Year 2012-13, included on property tax bills paid from the Corporation's operating funds, and built into the FY 2013-13 budget. LEGAL CONSIDERATIONS The actions being considered are consistent with California Corporations Law, the Corporation's public and charitable purposes, its Amended and Restated Bylaws, and the Board's previous actions. Scott Hanin, Executive Director Attachments: 1. Resolution authorizing the Executive Director to · cast ballots for the 2012 Community Clean Water Initiative for all parcels owned by the Corporation 2. Property list 3. 2012 Community Clean Water Initiative Ballot and official ballot guide Page 2 / ---PAGE BREAK--- Agenda Item No. 4(B) Attachment 1 MUNICIPAL SERVICES CORPORATION RESOLUTION 2012-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE EL CERRITO MUNICIPAL SERVICES CORPORATION AUTHORIZING THE EXECUTIVE DIRECTOR TO CAST BALLOTS FOR THE 2012 COMMUNITY CLEAN WATER INITIATIVE FOR ALL PARCELS OWNED BY THE CORPORATION WHEREAS, the El Cerrito Municipal Services Corporation (the "Corporation") is a nonprofit public benefit corporation organized under the California Nonprofit Public Benefit Corporation Law for charitable purposes; and WHEREAS, the specific charitable and public purposes for which the Corporation is organized are to benefit and support the City of El Cerrito (the "City") and the El Cerrito Redevelopment Agency (the "Agency"), in accordance with Section 509(a)(3) of the Internal Revenue Code of 1986, as amended, and to lessen the burdens of government of the City and the Agency by utilizing private and public funding sources to combat community blight and deterioration in the City and contribute to the physical improvement of the City; providing and expanding economic opportunities for low and moderate income households in the City; encouraging and stimulating economic development within the City by assisting the Agency to eliminate blight within the Agency's project areas; and ( 4) implementing and assisting the Agency in redevelopment activities and programs that will lessen neighborhood tensions, and combat community deterioration; and WHEREAS, the City of El Cerrito is a member of the Contra Costa Clean Water Program (the "Program") and a co-permittee under the San Francisco Regional Water Quality Control Board's Municipal Regional Permit; and WHEREAS, the Program's previously established stormwater utility assessment IS insufficient to fund activities the co-permittees are mandated to perform; and WHEREAS, the Program has proposed the 2012 Community Clean Water Initiative, including property-related fees that would be paid to all municipalities in the County in order to fund stormwater permit implementation and drainage system maintenance, and has submitted it to be considered by property owners for approval as a mail ballot; and WHEREAS, 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 Corporation owns multiple parcels that would be subject to said assessment, has received ballots accordingly, and has an opportunity to cast ballots for all parcels so assessed; and WHEREAS, support of the Program is consistent with the Corporation's purpose to I ---PAGE BREAK--- Agenda Item No. 4(B) Attachment 1 lessen the burdens of government and contribute to physical improvement of the El Cerrito community. NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the El Cerrito Municipal Services Corporation authorizes the Executive Director to properly complete all ballots with a vote in the affirmative and return said ballots to the designated authority on or before 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 Board of Directors of the El Cerrito Municipal Services Corporation passed this Resolution by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: IN WITNESS of this action, I sign this document on March_, 2012. Cheryl Morse, Secretary APPROVED: William C. Jones III, Board Chairperson ---PAGE BREAK--- APN [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] [PHONE REDACTED] Attachment 2 Proposed 2012 Community Clean Water Initiative Fees Address 1925 Kearney St 11690 San Pablo Ave 11600 San Pablo Ave 10940 San Pablo Ave 1 0066 San Pablo Ave 11335 San Pablo Ave 6111 Potrero Ave Description temporarily paved temporarily paved temporarily paved partially paved Cerrito Theater vacant land partially paved Fee $ 18.92 58.08 232.32 94.60 34.98 38.72 19.36 $ 496.98 ---PAGE BREAK--- Contra Costa Clean Water Program c/o Carol Keane and Associates, CPA 700 Ygnacio Valley Road, Ste 360 Walnut Creek, CA 94596 In order to: • Protect sources of clean drinking water from contamination and pollution; • Keep trash and pollution out of lakes, creeks, rivers, the Delta and Bay; • Prevent illegal discharges of pollution into water bodies through improved • Catch, treat, and reuse rainwater; and • Remove dangerous pollutants and toxins from water bodies; Do you approve the proposed annual clean water fee for your property listed on the othe OYES I 1 approve the proposed annual clean water fee.* v I do not approve the proposed annual an ater fee.* o NO J Print Name , investigation and enforcement; *NOTE: The proposed annual clean water fee for your property is printed on the other side of this ballot. Fold so that this side is on the inside before placing this ballot in the return envelope 1 hereby declare, under the property owner or own.er's authorized representative of the p ballot. 1 6 1 ****,...*AUTOH5-0IGIT 94530 EL CERRITO REDEVELOPMENT AGY 10690 SAN PABLO AVE EL CERRITO CA 94530-2321 1. Verify the owner name, address, and parcel number listed on the assessment ballot are correct. If they are not correct, call [PHONE REDACTED]. 2. Fill in or clearly mark the oval next to the word "YES" or "NO" to approve or disapprove of the proposed clean water fee. To ensure a permanent mark, a pen should be used. 3. Sign and date this official ballot. Only official ballots which are signed and marked with the property owner's support or opposition will be counted. After marking your vote, simply FOLD the ballot so that your vote is on the inside of the fold. Then place the ballot in the return envelope provided. No postage is necessary to mail back your ballot. 4. If you make a mistake in completing your ballot or wish to change or withdraw your ballot, please call925-313-2360. 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 April6, 2012 at 5:00 p.m. B) Hand-deliver your ballot to the Clerk 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 April 6, 2012 at 5:00 p.m. h PARCEL NUMBER [PHONE REDACTED] PROPOSED ANNUAL FEE $94.60 FOLD HERE (this side should be on outside after fold) ---PAGE BREAK--- Agenda Item No. 4(8) Attachment 3(b) Official Ballot Guide CONTRA COSTA CLEAN WATER P R 0 G R A M 2012 Community Clean Water Initiative Please Return Your Ballot Before Friday, April 6th at 5:00 p.m. ---PAGE BREAK--- Why Did You Receive This Ballot Guide and Official Ballot? This ballot guide provides information about improving water quality in Contra Costa County through a proposed new Clean Water fee that will: • Protect local sources of clean drinking water from contamination and pollution • Remove harmful and dang~rous pollutants, toxic chemicals, and potentially infeqtiousha.cteria and viruses from our local creeks, reservoir$, lakesj 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, tne 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 out:' shorelines and out of our local creeks, reservoirs, lakes, th~ Delta and Bay The official ballot included with this ballot guide allows property owners to decide on this proposed "2012 Community Clean Water Initiative." Please read the information in this ballot guide and call the Clean Water Program at 925-313- 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 a one 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 ---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 Creek • 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 111ore 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) 313-2360 or visit: www.cccleanwater.org Para Ayuda En Espanol 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