_____________________________________________________________________________________________ City Council Agenda February 20, 2024 Page 1
CLAYTON CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, February 20, 2024
7:00 p.m.
Hoyer Hall, Clayton Community Library
6125 Clayton Road, Clayton, CA 94517
Zoom Videoconference and Call-in:
Webinar: https://us02web.zoom.us/j/81342918951
Telephone: 1 + (669) 900 - 9128 Webinar ID: 813 4291 8951
1. CALL TO ORDER AND ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENT ON NON - AGENDA ITEMS
Members of the public may address the City Council on non-agendized items within the Council’s jurisdiction. To ensure an orderly meeting and an equal opportunity for everyone, each speaker is limited to three (3) minutes, or the time established by the Mayor. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked or may at its discretion request Staff to report back at a future meeting concerning the matter.
Public comment and input on other agenda items will be allowed when each item is considered by the Council.
Jim Diaz, Mayor
Kim Trupiano, Vice Mayor 0BPeter Cloven, Councilmember
Holly Tillman, Councilmember Jeff Wan, Councilmember
_____________________________________________________________________________________________ City Council Agenda February 20, 2024 Page 2
4. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by one single motion. Members of the Council, audience, or Staff wishing an item removed from the Consent Calendar for purpose of public comment, question, discussion, or alternative action may request so through the Mayor. a. Approval of the February 6, 2024, meeting Minutes.
(City Clerk) (View)
b. Approve and submit a letter of support for Contra Costa County’s Employment and Human Services Department’s Community Services Bureau Head Start and Early Head Start state grant application, to fund early child development and family support services; and direct staff to submit the letter for inclusion in the County’s application packet. (City Manager)
(View)
c. Adopt a Resolution designating management titles authorized to execute reimbursement and other grant related forms on behalf of the City related to Federal Emergency Management (FEMA) Grants. (City Engineer) (View)
d. Adopt a Stormwater Utility Assessment Resolution establishing the Rate per Equivalent Runoff Unit (ERU) for FY 2024/2025 and requesting the Contra Costa Flood Control and Water Conservation District to adopt an Annual Parcel Assessment for Drainage and Maintenance and the National Pollutant Discharge Elimination System (NPDES), maintaining the current maximum ERU Rate at $29 per single-family parcel. (City Engineer)
(View)
e. Approve the Stormwater Operations and Maintenance Agreement for 500 Douglas Road (MS 01-22); and authorize the Mayor to sign the agreement. (City Engineer)
(View)
f. Adopt a Resolution authorizing the City Manager to execute program supplement agreements on behalf of the City of Clayton for federal transportation funding through Caltrans Local Assistance under previously approved Agency-State Master Agreement No. 04-5386F15.
(City Engineer)
(View)
5. RECOGNITIONS AND PRESENTATIONS
(There are no Recognitions or Presentations scheduled for this meeting.) _____________________________________________________________________________________________ City Council Agenda February 20, 2024 Page 3
6. REPORTS
a. City Manager / Staff
• Link to ClearGov Transparency Portal:
https://cleargov.com/california/contra-costa/city/clayton/checkbook
7. PUBLIC HEARINGS
(There are no Public Hearings scheduled for this meeting.)
8. ACTION ITEMS
a. Provide direction to staff on reducing the strategic goals from the nine (9) outlined at the February 6, 2024, strategic planning discussion to no more than five (5), inclusive of the strategic objectives related to those strategic goals. (City Manager)
(View)
b. Create and appoint two (2) City Council members to an Ad Hoc committee to gather information on downtown parking and potential options. (City Manager)
(View)
9. COUNCIL ITEMS – Limited to Council requests and directives for future meetings.
10. COUNCIL REPORTS
11. CLOSED SESSION
(There is no Closed Session scheduled for this meeting.)
12. ADJOURNMENT
The next regularly scheduled meeting of the City Council will be March 5, 2024. _____________________________________________________________________________________________ City Council Agenda February 20, 2024 Page 4
Meeting Information and Access
• A complete packet of information containing staff reports and exhibits related to each public item is available for public review in City Hall located at 6000 Heritage Trail and on the City’s website at www.claytonca.gov
• Agendas are posted at: 1) City Hall, 6000 Heritage Trail; 2) Library, 6125 Clayton Road; 3) Ohm’s Bulletin Board, 1028 Diablo Street, Clayton; and 4) City Website at www.claytonca.gov
• Any writings or documents provided to a majority of the City Council after distribution of the agenda packet and regarding any public item on this agenda will be made available for public inspection in the City Clerk’s office located at 6000 Heritage Trail during normal business hours and is available for review on the City’s website at www.claytonca.gov
• If you have a physical impairment requiring special accommodation to participate, please call the City Clerk’s office at least 72 hours (about 3 days) before the meeting at (925) 673-7300.
Remote Access
The public may attend City Council meetings in-person or remotely via livestream on the City’s website and through Zoom. As a courtesy, and technology permitting, members of the public may continue to provide live remote oral comment via the Zoom video conferencing platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Brown Act, the meeting will continue despite technical difficulties for participants using the teleconferencing option.
1. Videoconference: Click or visit the link on the front page of the meeting agenda.
To access the webinar, you may download the Zoom client application or connect to the meeting in the web browser. You will be asked to enter your email address and name.
When the Mayor calls your item of interest, click the “raise hand” icon to be added to the speaker queue. The Clerk will identify you by name and you will hear “you have been unmuted” when it is your turn to provide public comment.
2. Phone-in: Dial the telephone number provided on the front page of the agenda.
When prompted, enter the meeting ID. Once connected you will hear the meeting discussions but will remain muted. When your item of interest is called, dial *9 to “raise hand” and be added to the speaker queue. The Clerk will identify you by the last 4-digits of your phone number and you will hear “you have been unmuted” when it is your turn to provide public comment. To toggle between mute/unmute on your device, dial *6.
_____________________________________________________________________________________________ City Council Agenda February 20, 2024 Page 5
3. E-mail Public Comments: Public comment may also be sent to the City Clerk at [email protected] by 5:00 p.m. on the day of the meeting. All e-mailed public comments will be forwarded to the entire City Council and made part of the official meeting file.
Each person attending the meeting in-person, via videoconference, or call-in and who wishes to speak on an agendized or non-agendized matter (within the council’s jurisdiction), shall have a set amount of time to speak as determined by the Mayor. ____________________________________________________________________________ City Council Minutes February 6, 2024 Page 1
MINUTES
OF THE
REGULAR MEETING
CLAYTON CITY COUNCIL
TUESDAY, February 6, 2024
1. CALL TO ORDER AND ROLL CALL – The meeting was called to order at 7:00 p.m. by Mayor Diaz held via a hybrid meeting format live in-person and Zoom videoconference and broadcast from Hoyer Hall, Clayton Community Library, 6125 Clayton Road, Clayton, California. Councilmembers present: Mayor Diaz, Vice Mayor Trupiano, and Councilmembers Cloven, Tillman, and Wan. Staff present:
City Manager, Bret Prebula; Police Chief Richard McEachin; Finance Manager Prapti Aryal; City Attorney Mala Subramanian; and City Clerk Stephanie CabreraBrown.
2. PLEDGE OF ALLEGIANCE – Led by Mayor Diaz.
Mayor Diaz announced that he would be re-ordering the agenda to move Item 8a, collective bargaining agreement between the City of Clayton and the Clayton Police Officers Association, ahead of Item 3, Public Comment.
3. PUBLIC COMMENT ON NON - AGENDA ITEMS
James Sinkay – Spoke regarding the need for more accessible walkways on Mitchell Canyon and improved ADA accessibility around Clayton. Mr. Sinkay also shared potential solutions.
Ed Hartley – Spoke regarding the January 16th meeting and the Olivia Project parking concerns.
Brandon Herrera – Spoke regarding a new non-profit baseball association for competitive sports and requested the city to invest more into youth recreation.
Mayor Diaz closed public comment.
4. CONSENT CALENDAR
It was moved by Councilmember Cloven, seconded by Vice Mayor Trupiano, to approve the Consent Calendar items 4(a) – 4(c) as submitted. (Passed; 5- 0).
Councilmember Wan requested item 4b be opened for discussion. Item 4b was discussed and voted on as part of the Consent Calendar. a. Approval of February 6, 2024, Meeting Minutes (City Clerk) 4a Attachment 1
(Back to Agenda)
____________________________________________________________________________ City Council Minutes February 6, 2024 Page 2
b. Adopt a Resolution establishing a revised Purchasing Policy to provide staff with guidance and clarity around authorized procurement practices, in compliance with Senate Bill 1383 (SB1383), for the procurement of goods, services, supplies, and equipment. (Executive Assistant to the City Manager/HR Manager)
c. Adopt a Resolution awarding a contract for $105,980, with Specified Play Equipment Company (SPEC) for replacement of the rubberized mat below the play structures at The Grove Park (Capital Improvement Project No. 10455); authorizing the City Manager to execute the contract on behalf of the City; and finding the project to be exempt from the California Environmental Quality Act. (Community Development)
5. RECOGNITIONS AND PRESENTATIONS
a. 2024 Election Updates (Contra Costa County-Clerk-Recorder-Registrar) Assistant Registrar-Contra Costa County, Helen Nolan Prebula provided an overview of the 2024 Election Updates and answered questions. b. Contra Costa Mosquito and Vector Control District Presentation Contra Costa Mosquito and Vector Control District Public Affairs Director Nola Woods, provided an overview of best practices to address pests during the winter months and answered questions. c. Recognition of Marathon Petroleum for Grant Funding (Clayton Police Department)
Chief Richard McEachin and Sgt. Jason Shaw provided an overview of the Grant and electric motorcycle received. Officer Mitchell Stroski demonstrated the new motorcycle functions.
Following discussion by the City Council, Mayor Diaz opened items 5a – 5c to public comment, but there was no one wishing to speak.
6. REPORTS
a. City Manager / Staff
• Link to ClearGov Transparency Portal:
https://cleargov.com/california/contra-costa/city/clayton/checkbook 4a Attachment 1
____________________________________________________________________________ City Council Minutes February 6, 2024 Page 3
7. PUBLIC HEARINGS
(There are no Public Hearings scheduled for this meeting.)
8. ACTION ITEMS
a. Approve the terms of a collective bargaining agreement between the City of Clayton and the Clayton Police Officers Association (CPOA); and authorize the City Manager to execute a Memorandum of Understanding (MOU) with a term of July 1, 2024 through June 30, 2027, for an increased amount of $308,243. (Executive Assistant to the City Manager/HR Manger) City Manager Bret Prebula provided an overview of the agreement.
Following discussion by the City Council, Mayor Diaz opened the item to public comment:
Sgt. Richard Enea – Spoke regarding the agreement and thanked Clayton law enforcement officers, staff, and the council.
It was moved by Councilmember Wan, seconded by Councilmember Tillman, to approve the terms of the collective bargaining agreement between the City of Clayton and the Clayton Police Officers Association (CPOA). (Passed; 5- 0).
b. Receive update on the Community Survey presented by the market research team who conducted the survey. (City Manager)
City Manager Bret Prebula provided a brief overview and introduced the consultants. Consultants Lydia Avramenko, Dimitry Teplyuk, and Dasha Barmina provided an overview of the Community Survey and responses, and answered questions.
Following discussion by the City Council, Mayor Diaz opened the item to public comment:
Lauren Kindorf – Spoke regarding State and Federal laws that the city needs to consider when balancing town aesthetics and legal requirements.
No Action Taken.
4a Attachment 1
____________________________________________________________________________ City Council Minutes February 6, 2024 Page 4
c. Provide direction to staff on their initial ten (10) strategic goals and identify a variety of 2-person Ad Hoc committees to add strategic objectives to each goal. (City Manager)
City Manager Bret Prebula provided an overview of the strategic goals and committee formation process.
Strategic Goal Ad Hoc Committee
Public Safety, Infrastructure, and
accessibility (roads, sidewalks, and
ADA)-
Tillman/Trupiano
Community Parks and Recreation Wan/Cloven
Economic Development- promoting
available spaces, growing number of
families into community, improved
downtown activity
Trupiano/Cloven
Maintain vibrant police force,
maintaining community policing
model
Cloven/Tillman
Balancing the budget Wan/Trupiano
Maintain the aesthetic of the City of
Clayton (LMD) Cloven/Diaz
Disaster Preparedness and Fire
Prevention Tillman/Diaz
Preserving the historical nature of the
town Trupiano/Diaz
Environmental Sustainability Cloven/Tillman
Following discussion by the City Council, Mayor Diaz opened the item to public comment, but there was no one wishing to speak.
It was moved by Councilmember Cloven, seconded by Councilmember Tillman, to approve the Ad Hoc committees and the nine (9) strategic goals. (Passed; 5- 0).
9. COUNCIL ITEMS – Limited to Council requests and directives for future meetings.
Councilmember Cloven requested a future agenda item to discuss the purchasing policy
Councilmember Tillman requested a future agenda item to discuss the censure of councilmembers and requesting to the City Attorney review concerns regarding treatment of staff by councilmembers.
4a Attachment 1
____________________________________________________________________________ City Council Minutes February 6, 2024 Page 5
Mayor Diaz, Vice Mayor Trupiano and Councilmember Wan did not request any future agenda items.
10. COUNCIL REPORTS
Councilmember Cloven attended: Art and Wine Festival planning meeting and informed the Council of the Clayton Cleans – up event schedule for April 20th.
Councilmember Wan: Attended City Sponsored Special Events Committee and spoke with constituents.
Councilmember Tillman attended meetings for: Clayton Pride; California League of Cities – Community Services Policy Committees; California League of Cities – Easy Bay Division; Mount Diablo Education Board; and met with the City Manager, and various constituents.
Vice Major Trupiano attended: Oakhurst Country Club Townhall; Coffee with Supervisor Ken Carlson event; attended meetings with/for City Sponsored Special Events Committee; Clayton Library Refresh w/County representatives; East Bay Leadership Council; Supervisor Ken Carlson and Alejandra Sanchez; shared when and where the Clayton Community Library Foundation will meet next; and shared updates on upcoming City sponsored events.
Mayor Diaz attended meeting for: County Connection Board; Coffee with Supervisor Ken Carlson event; CBCA General membership; Mayors’ Conference in El Cerrito; BBQ Committee; Met with the Chief of Police and the City Manager.
The Mayor also provided an update on former Clayton Mayor Hoyer.
11. CLOSED SESSION
(There was no Closed Session schedule for this meeting)
12. ADJOURNMENT - on a call by Mayor Diaz, the City Council adjourned its meeting at 9:39 p.m.
Please note the Minutes of this meeting set forth all actions taken by the City Council on the matters stated, but not necessarily in the chronological sequence in which the matters were taken up.
Respectfully submitted,
________________________________
Stephanie Cabrera-Brown, City Clerk
APPROVED BY THE CLAYTON CITY COUNCIL
4a Attachment 1
____________________________________________________________________________ City Council Minutes February 6, 2024 Page 6
______________________________________
Jim Diaz, Mayor
4a Attachment 1
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City Council Agenda Item 4b February 20, 2024 Page 1 of 2 City Council Agenda Item 4b
AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Bret Prebula, City Manager
DATE: February 20, 2024
SUBJECT: Approve and Submit Letter of Support for the County of Contra Costa County Community Service Bureau’s Head Start and Early Head Start State Grant Application
______________________________________________________________________
RECOMMENDATION
Approve and submit a letter of support for Contra Costa County’s Employment and Human Services Department’s Community Services Bureau (CSB) Head Start and Early Head Start state grant application, to fund early child development and family support services; and direct staff to submit the letter for inclusion in the County’s application packet.
BACKGROUND
In early February 2024 the Couty of Contra Costa County Administration office contacted key stakeholders within Conta Costa County to request each city provide a letter of support for the County’s Employment and Human Services Department’s Community Service Bureau to include with their application packet to re-apply for a grant to fund Head Start and Early Head Start programs.
The CBS is the current Head Start and Early Head Start Grantee in Contra Costa County and provides access to early child education and various family support services. The County hopes to receive letters of support from each city for inclusion in the grant application packet, to show the impact CBS has made with the current funding.
FISCAL IMPACT(S)
None.
City Council Agenda Item 4b February 20, 2024 Page 2 of 2
CEQA IMPACT(S)
None.
CONCLUSION
Staff recommends support of this endeavor and respectfully requests the council approve the letter of support, and direct staff to submit the letter of support on behalf of the City of Clayton.
ATTACHMENT(S)
1. Draft letter of Support for CCC Heat Start and Early Head Start program 6000 Heritage Trail, Clayton, CA 94517
Phone: 925-673-7300
www.claytonca.gov
[Enter Date]
Administration for Children and Families
Office of Head Start
8th Floor Portal Building
1250 Maryland Avenue, SW
Washington, DC 20024
To Whom It May Concern:
Please accept this letter of strong support for Contra Costa County’s Head Start and Early Head Start program as they re-compete for their long-standing grant to serve the children and families of Contra Costa County. The City of Clayton City Council strongly supports their continued efforts and urge you to fund this long-standing program so they can offer continued support to better the future of children ages 0-5 in their care.
The tremendous impact Contra Costa County’s Employment and Human Services Department's Community Services Bureau (CSB) has had in providing critical services for over 2,100 of the region’s most vulnerable young children and their families each year, is commendable. Their commitment to promoting school readiness of children from communities in need by enhancing their cognitive, social, and emotional development has been unwavering for over 50 years.
As the current Head Start and Early Head Start Grantee in Contra Costa County, the CSB’s work directly offers extensive support and health services for children and families through their programming. The CSB goes above and beyond minimum requirements to nurture the growth and development of children in their care. With strict staff-to-child ratios, a focus on hiring educators formally trained and educated in early childhood education, and a diverse staff that reflects the families served, CSB is truly dedicated to meeting the unique needs of each child. In addition to high quality early learning experiences, CSB also provides health, nutrition, disability, mental health, and family support services that keeps families and communities strong.
We fully support the crucial efforts of CSB to maintain access to early education and support and urge you to sustain their ability to make a difference to children and their families. Please do not hesitate to contact the Clayton City Manager, Bret Prebula at (925) 673-7300 or via email [email protected], if we can provide any additional information regarding the tremendous positive impact the CSB program has made.
4b Attachment 1
Sincerely,
[Name]
[Title]
4b Attachment 1
(Back to Agenda)
City Council Agenda Item 4c February 20, 2024 Page 1 of 2 City Council Agenda Item 4c
STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Larry Theis, City Engineer
DATE: February 20, 2024
SUBJECT: Resolution Designating Management Titles (Authorized Agents) Authorized to Execute Reimbursement and Other Grant Related Forms on Behalf of the City of Clayton for Federal Emergency Management Agency (FEMA) Grants
___________________________________________________________________________
RECOMMENDATION
Adopt a Resolution designating management titles authorized to execute reimbursement and other grant related forms on behalf of the City related to Federal Emergency Management (FEMA) Grants.
BACKGROUND
At its April 20, 2021, meeting, the Council previously adopted Resolution 17-2021 which previously approved the designated management titles as the authorized agents on behalf of the City of Clayton related to any FEMA grant related reimbursements. As stated in this previous resolution it remains effective for all open and future grants up to three years following the date of approval. Therefore, this resolution and accompanying California Office of Emergency Services (CAL-OES) Form 130 will be expiring shortly on April 20, 2024.
DISCUSSION
Since the expiration of the Resolution is approaching, Staff recommends renewing the resolution now to ensure no gap exists in designee authorization especially since the City currently has funding reimbursement in process for storm damage costs incurred in January of 2023. FEMA and CAL-OES allow the naming of three authorized agents by title which we identified as City Manager, Finance Director, and City Engineer – which is consistent with the previous designations three years ago.
City Council Item 4c February 20, 2024 Page 2 of 2
FISCAL IMPACT
Failure to adopt this resolution and submitting CAL-OES Form 130 will result in the loss of reimbursement funds currently in process and all future grants.
CEQA IMPACT
None.
ATTACHMENT(S)
1. Proposed Resolution for Designated Positions through February 20, 2027
2. CAL-OES Form 130 to be executed
Resolution No. ##-2024 February 20, 2024
RESOLUTION NO. ##-2024
RESOLUTION DESIGNATING MANAGEMENT TITLES (AUTHORIZED AGENTS)
AUTHORIZED TO EXECUTE REIMBURSEMENT AND OTHER GRANT RELATED FORMS ON BEHALF OF THE CITY OF Clayton FOR FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) GRANTS
THE CITY COUNCIL
City of Clayton, California
WHEREAS, by Resolution 17-2021, adopted April 20, 2021 the Clayton City Council previously approved the designation of authorized agents that can sign required documents to secure FEMA related grant funding which expires three years following the date of approval; and
WHEREAS, California Office of Emergency Services (CAL-OES)Form 130 designates the identification of the management titles authorized to execute the reimbursement and other grant related forms on behalf of the City; and
WHEREAS, CAL-Oes Form 130 is included as an attachment with this resolution; and NOW THEREFORE, BE IT RESOLVED the City Council of Clayton, California authorizes persons with the title of City Manager, Finance Director, and City Engineer to be included on CAL-OES Form 130 and to execute all FEMA grant related forms on behalf of the City and to provide to the California Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance including all assurance and agreements required; and
BE IT FURTHER RESOLVED, this is a universal resolution and effective for all open and future disasters/grants up to three (3) years following the date of approval below.
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 20th day of February 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
4c Attachment 1
Resolution No. ##-2024 February 20, 2024
THE CITY COUNCIL OF CLAYTON, CA
Jim Diaz, Mayor
I hereby certify that the foregoing Resolution was duly and regularly passed by the City Council of the City of Clayton at a regular public meeting held on February 20, 2024.
ATTEST:
Stephanie Cabrera-Brown, City Clerk
4c Attachment 1
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 1 of 4 OES-FPD-130 4c Attachment 2
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.
This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):
Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 4 OES-FPD-130 4c Attachment 2
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California.
Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 OES-FPD-130 Page 3 of 4 4c Attachment 2
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 4 of 4 OES-FPD-130 4c Attachment 2
(Back to Agenda)
City Council Agenda Item City Council Agenda Item 4d
STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Larry Theis, City Engineer
DATE: February 20, 2024
SUBJECT: Establishing 2024/2025 Equivalent Runoff Unit (ERU) Assessment Rate for Federal and State Mandated National Pollution Discharge Elimination System (NPDES) Program (Storm Water Pollution Prevention) ___________________________________________________________________________
RECOMMENDATION
Adopt a Stormwater Utility Assessment Resolution establishing the Rate per Equivalent Runoff Unit (ERU) for FY 2024/2025, and requesting the Contra Costa Flood Control and Water Conservation District to adopt an Annual Parcel Assessment for Drainage and Maintenance and the National Pollutant Discharge Elimination System (NPDES), maintaining the current maximum ERU Rate at $29 per single-family parcel.
BACKGROUND
The 1987 Reauthorization of the Federal Clean Water Act, as well as similar State legislation, required local agencies to obtain a NPDES Permit for discharging the contents of municipal storm drainage water conveyance systems. As implemented and enforced by the State through the Regional Water Quality Control Board (San Francisco Bay Area Region), this permitting effort is intended to improve water quality in the Delta and San Francisco Bay Estuary System, protect endangered species, and safeguard public waters and waterways for continued economic, recreation and health purposes. Stormwater runoff pollution has been identified as a significant impact on water quality and wildlife in the Bay Area by the State and Federal Governments. During wet weather, large amounts of pollutants, such as oil and grease from automobiles, heavy metals from vehicle exhaust and brake pads, such as copper and lead, pesticides, herbicides and fertilizers from lawns and gardens, soil erosion, and biological material enter the storm drain system and ultimately empty, untreated, into creeks, waterways, the Delta and the Bay
The City participates and obtained its joint NPDES permit from the SF Regional Water Quality Control Board via the Contra Costa Clean Water Program whose participants include the cities within the County, the County and the Flood Control District. The City of Clayton has participated since its inception in September 1993. The SF Regional Water Quality Control City Council Agenda Item 4d February 20, 2024 Page 1 of 6 City Council Agenda Item 4d February 20, 2024 Page 2 of 6 Board issued the Municipal Regional Permit 3.0 (MRP 3.0), which began July 1, 2022 and extends to June 30, 2027. MRP 3.0 covers many counties and cities in the Bay Area. The MRP 3.0 permit allows the City and other jurisdictions to utilize the storm water drainage system for the discharges into creeks that ultimately drain into the Bay. This joint participation allows for the program management and permit process costs to be kept to a minimum through economies of scale and local and regional collaboration, at a fraction of the cost of doing it alone. The program provides for a regional approach to stormwater pollution control, regional monitoring, public education and outreach, technical support and training, special studies and NPDES permit administration requirements.
The cost of meeting the obligations of the increased requirements contained in the MRP 3.0 have been and are expected to continue to exceed City revenues received from the ERU.
Although it is difficult to fully identify all future additional costs at this point, current compliance costs are projected to outpace revenues in FY 2024/25. Requirements contained in our current permit MRP 3.0 include more elimination of litter going into storm drains; more monitoring and reporting on our storm drain inlets trash capture devices (which capture litter before going to the creek), and “green infrastructure” which sets forth standards for cities to redirect their existing storm drainage water into landscape areas.
AUGMENTED FUNDING DENIED:
When the program was originally established in 1993, the rate cap for the current parcel fee in Clayton was set by the City Council at $29/ERU. Because other members of the Clean Water Program also have the same issues (costs exceeding available revenue available from the ERU rate) a cost/revenue analysis was undertaken by the Contra Costa Clean Water Program to evaluate possible additional funding mechanisms for the added requirements of the MRP. The Clean Water Program attempted three times the pursuit of legislation to add stormwater to the definitions of other utilities such as sewer and water and was not successful in receiving needed legislative support, and there is no support by the governor and his staff.
It was after these statewide attempts proved fruitless, our straining local funding and the continuing increased requirements by state regulating agencies that led to the 2012 Prop 218 property owner vote for a new parcel fee. The second proposed revenue measure did not pass. Local assessments for stormwater quality protection have been maxed out since 2000—while compliance costs continue to increase. Additional state legislation is being pursued to establish a process to allow for future local voter consideration of new stormwater revenues. However, in order to continue to receive the City’s existing current ERU rate of $29 per single family parcel (the same amount levied since FY1999/2000) it must be levied.
Failure to levy this fee would result in the City supplant this revenue source (approx. $128,227) from another funding source such as the General Fund, Rainy Day Fund 110, and/or a local city specific revenue measure since the regional Prop 218 measure did not receive sufficient voter support for passage.
DISCUSSION
Staff currently participates, as is required by the Program agreement and state permit, on the Clean Water Program's Development Construction Controls/Green Infrastructure Committee, Administration Committee, and Management Committee; and as needed in the City Council Agenda Item 4d February 20, 2024 Page 3 of 6 Monitoring and Inspection Committee, and the GIS workgroup. City staff typically attends and participates in 2-3 meetings per month.
One of the largest components of the unfunded mandates was the trash load analysis and reduction program that cities had to undertake. This provision required cities to reduce their trash pollution load by 40% by 2014, and completely eliminate (100% reduction) by 2020.
The City of Clayton installed 25 trash capture devices and has reduced its trash load to the near 100% level at this time, about 5 years before the deadline. Clayton is one of only a few cities in Contra Costa County and the Bay Area that has met this goal ahead of the mandated deadline. The trash capture devices and their installation were covered through ABAG grants that the City received.
However, there were not any new funds to address the mandated studies and documentation that cities must file as part of its Annual Report to the State. They include mandatory maintenance items such as clearing of trash along specific areas of creeks and drainage inlets; the quantification of the materials collected; enforcement action (issuance of citations) to individuals for pollution runoff; creeks and waterways testing, mapping, monitoring and of all creeks and all outfalls to creeks, and specific on-going litter removal down to the size of a cigarette butt of litter on certain distance of creek segments and the cleaning of drainage inlets (we currently do public inlets only). The reporting format requires cities to use computer data base for mapping, reporting and monitoring information and transmitting electronically to the SF Regional Water Board where they will post to a public accessible web site. The Clean Water Program is establishing a cloud-based GIS mapping project where we will have access to GIS data base, therefore at this time there is not a need to undertake an individual city effort to comply with this permit requirement.
Overall, the City’s total Stormwater related costs are comprised of two components, one consisting of the pro rata share of Clean Water group costs based upon population. The other is the management and maintenance activities undertaken by the City and its contracts with others for required activity implementation and monitoring and reporting. All program staff and permittees (cities and county) have been and continue to make strong efforts to control costs at the program level. However, funds for the MRP 3.0 permit, technical and legal work, education and outreach, implementation of programs to address recent pollutants of concerns (PCB, Mercury, Lead, Nickel etc.), ongoing trash load reduction management, green infrastructure analysis/implementation, enforcement compliance enforcement for construction site practices, and commercial operations, have increased these State unfunded mandate costs on cities and counties.
ASSESSMENT AND PROGRAM BUDGET:
Due to the implementation by the Program of unfunded mandate permit requirements by the SF Regional Board, the Group’s Clean Water Program Budget will increase by $500,000 from last fiscal year to $4 million in FY 2024/25. For the last few years and through 2023 increased costs were addressed by Program reserve carry over or encumbrances of this year’s funds to help reduce or smooth out increases; thus minimizing the impact (reduction) in return to source funds. This year and in future years there is no further reserve available which increases the overall program budget. The anticipated budget in 2025/26 is currently expected to remain at $4 million.
City Council Agenda Item 4d February 20, 2024 Page 4 of 6 For FY 2024/2025 the City of Clayton's pro rata share (based on countywide population) of the Contra Costa Clean Water Program cost is 0.93% ($37,175) of the total annual program budget of $4.0 million. Future program cost increases and lack of carryover/reserve funding in the future years will continue will generally result in less return to source funds to undertake the added local city permit requirements.
It is currently estimated that for FY 2024/25 the gross revenues from Clayton’s stormwater utility assessment will total approximately $128,227. The City’s SUA revenues include the following expenditures: $37,175 is allocated to the Clean Water Program administration and group expenses; $3,800 to the County Auditor for costs related to assessment collection; $8,000 to the Sanitary District for commercial inspection, monitoring and municipal requested call out inspections; $3,000 to the District for fiscal and assessment area management, $3,000 for program reserve, and $15,000 for our annual state discharge permit fee. Thus, the remaining return to source funds available to the City, for all other activities in FY 2024/25 is approximately $58,000.
The majority of the remaining return to source funds ($58,000) are directly spent on staff/city engineer labor costs of participating in the Clean Water Program and performing maintenance activities required by the program, such as storm drain inspection and cleaning, creek clearing; responding to spill calls; the remaining is divided between equipment and materials; monitoring and inspection; and management and reporting. In FY 23/24 budget adoption it was anticipated that the ending fund balance would be near zero and would require supplemental funds from other sources to continue to perform the required activities in the permit. City Staff will provide more specific details and projections as part of the City’s overall annual budget process in the spring, but it is likely this upcoming fiscal year the City may have to default to consider use of its General Fund, General Fund Reserve, Rainy-Day Fund 110 to start covering the rising compliance costs.
To continue the local revenue source necessary to fund the unfunded mandates by federal and state government regulations, the City annually authorizes the Contra Costa Board of Supervisors to direct the Contra Costa Flood Control and Water Conservation District to establish a storm water utility area for the City and to impose benefit assessments on all applicable parcels within the City of Clayton. This item is the annual consideration to request the local assessment levy which provides funding to the Federal and State Clean Water program mandates which the City must undertake and participate in according to Federal and State law. Staff recommends no increase to the rate for FY 2024/25; it will be the same rate as the last 25 fiscal years, which is $29.00 per ERU.
Since the City is not exceeding the current rate cap and not increasing the levy rate, voter approval requirement of Prop. 218 process does not apply. A single family detached dwelling is typically one ERU; homes on lots 20,000 sq. ft. or larger are allocated 1.7 ERU's; attached homes (e.g., townhomes and duets) are 0.7 ERU. This formula is the same throughout all Contra Costa communities and all cities and the County funds their NPDES costs through the ERU assessments.
City Council Agenda Item 4d February 20, 2024 Page 5 of 6
FISCAL IMPACT
Although this is a Federal and State Mandated program, cities do not receive any revenues from the Federal and State governments to offset or cover the mandated requirements.
Consequently, the Stormwater Utility Rate and Assessment areas were established in 1993 by the County and the Cities to develop a funding source to cover the costs of the Federal and State mandates.
The recommended assessment for FY 2024/25 is the same rate that is currently in place.
Should the City not authorize the Flood Control District to establish and collect the annual assessments, the City still has the financial and legal responsibility to perform the Permit requirements but would not receive the approx. $128,227 generated by the annual assessment. Mandated activities would need funding from another source, such as the General Fund. It must be noted here the Regional Water Quality Control Board and several court cases have consistently declared that clean storm water is of the utmost state priority and public agencies have been given the tools (i.e.: local taxing authority) to generate additional revenues for these purposes by garnering local voter approval to tax themselves more for this mandate.
Additional implementation measures such as those needed for monitoring and maintenance of new Stormwater facilities required under our mandated permit and installed as part of new construction within Clayton (C3), have been addressed by the City Council to provide for methods that are self-supported by a new development such as Benefit Assessment Districts, Community Facilities Districts, or Homeowners Associations or combination thereof, or other approach that would not financially impact the city and its general funds.
This Council directed policy minimizes potential impacts to the under-funded Stormwater fund or the City’s General Fund for the permanent new development installed specific requirements to meet the new state regulations. However not covered by these are the general overall reporting, enforcement action and trash reduction action plans, commercial inspections, monitoring enhancements required by the regional board are reasons that the current assessment fee should be continued.
CEQA IMPACT
None.
CONCLUSION
To continue the same revenue source required to fund the state mandated activities the City annually authorizes the Contra Costa Board of Supervisors to direct the Contra Costa Flood Control and Water Conservation District to impose annual benefit assessments on all applicable parcels within the City of Clayton. The attached Resolution would maintain the current Stormwater Utility Rate assessment of $29.00 per ERU for FY 2024/25.
City Council Agenda Item 4d February 20, 2024 Page 6 of 6
ATTACHMENT(S)
1. Proposed ERU Resolution for FY 2024/2025
2. Clean Water Program Budget costs and cost sharing formula FY 2024-2025 Resolution No. ##-2024 February 20, 2024
RESOLUTION NO. ##-2024
A RESOLUTION ESTABLISHING THE RATE PER EQUIVALENT RUN-OFF UNIT (ERU) FOR FY 2024/2025 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 of Clayton 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 of Clayton, 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 April 1, determine its rate to be assigned to a single ERU for the forthcoming fiscal year; and WHEREAS, the City Council adopted Resolution 9-93, which established the range of the annual assessment to be imposed by the District within the storm water utility area not to exceed $29 per ERU; and
WHEREAS, the City of Clayton has operated at its maximum $29 per ERU rate since FY 1999/00 (the last twenty-five fiscal years) and this same rate is proposed again for FY 2024/2025.
Resolution No. ##-2024 February 20, 2024
NOW THEREFORE, BE IT RESOLVED the City Council of Clayton, California does hereby determine that its real property assessment rate to be assigned to a single ERU for FY 2024/2025 shall be set and assessed at $29.00.
BE IT FURTHER RESOLVED, the City Council of Clayton, California, does hereby request the Contra Costa Flood Control and Water Conservation District to adopt the SUA levies in the City of Clayton based on the above established rate.
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 20th day of February 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
THE CITY COUNCIL OF CLAYTON, CA
Jim Diaz, Mayor
I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Clayton at a regular public meeting held on February 20, 2024.
ATTEST:
Stephanie Cabrera-Brown, City Clerk
Allocation2 % RTS11 Allocation3 % RTS11 Allocation4 % RTS11 Allocation5 % RTS11 Allocation6 % RTS11 Allocation7 % RTS11 Allocation8 % RTS11 Allocation9 % RTS11 Allocation10 % RTS11 Allocation10 % RTS11 Antioch $ 1,274,159 257,816$ 78.1 307,042$ 73.9 $306,747 73.9 $344,212 72.2 $342,241 73.1 $341,395 73.2 $342,303 73.1 $348,240 72.7 $402,359 68.4 $406,382 68.1 Brentwood 134,488$ 159,772$ $163,938 $191,930 $191,287 $197,573 $200,493 $194,714 $224,852 $227,100 Clayton $ 128,227 26,872$ 78.7 30,466$ 75.9 $30,299 76.0 $34,801 72.4 $35,014 72.7 $34,397 73.2 $34,179 73.3 $32,874 74.4 $37,175 71.0 $37,547 70.7 Concord $ 2,110,396 300,122$ 85.3 352,538$ 82.8 $344,685 83.2 $393,222 80.9 $390,281 81.5 $394,865 81.3 $392,125 81.4 $374,145 82.3 $425,474 79.8 $429,728 79.6 Danville $ 572,148 104,012$ 81.6 116,505$ 79.4 $116,412 79.4 $135,163 76.0 $136,024 76.2 $133,123 76.7 $133,181 76.7 $131,193 77.1 $149,254 73.9 $150,747 73.7 El Cerrito $ 415,801 57,820$ 85.6 66,258$ 83.5 $66,053 83.6 $75,926 81.3 $76,497 81.6 $75,709 81.8 $75,366 81.9 $77,623 81.3 $88,821 78.6 $89,709 78.4 Hercules $ 322,301 58,980$ 81.8 67,381$ 79.5 $68,940 79.1 $80,122 75.7 $78,796 75.6 $77,460 76.0 $78,454 75.7 $78,957 75.5 $91,655 71.6 $92,571 71.3 Lafayette $ 476,624 59,882$ 86.9 67,742$ 85.3 $67,662 85.3 $78,106 83.0 $79,105 83.4 $77,685 83.7 $76,919 83.9 $75,849 84.1 $87,148 81.7 $88,020 81.5 Martinez $ 705,739 88,997$ 85.8 100,719$ 83.9 $101,115 83.9 $115,986 82.3 $115,652 83.6 $112,583 84.0 $111,708 84.2 $111,692 84.2 $127,366 82.0 $128,640 81.8 Moraga $ 293,117 39,199$ 86.4 44,882$ 87.4 $44,777 87.4 $51,729 82.2 $50,897 82.6 $51,416 82.5 $51,020 82.6 $51,764 82.3 $58,878 79.9 $59,467 79.7 Oakley $ 562,763 92,342$ 81.4 109,102$ 78.4 $110,623 78.1 $127,083 75.8 $125,474 77.7 $128,830 77.1 $130,114 76.9 $134,767 76.1 $156,824 72.1 $158,393 71.9 Orinda $ 389,938 44,308$ 88.4 50,959$ 86.7 $50,842 86.7 $58,451 84.6 $58,517 85.0 $57,675 85.2 $57,870 85.2 $58,945 84.9 $67,006 82.8 $67,676 82.6 Pinole $ 321,909 45,103$ 85.7 50,932$ 84.0 $50,950 84.0 $58,564 81.7 $58,586 81.8 $59,180 81.6 $58,752 81.7 $56,373 82.5 $63,587 80.2 $64,223 80.0 Pittsburg $ 1,236,516 160,997$ 85.5 184,324$ 83.5 $187,468 83.2 $221,172 81.5 $217,966 82.4 $225,496 81.8 $225,976 81.7 $227,439 81.6 $260,737 78.9 $263,345 78.7 Pleasant Hill $ 490,921 81,327$ 83.5 92,620$ 81.2 $93,057 81.1 $106,764 78.3 $105,331 78.5 $103,969 78.8 $103,536 78.9 $102,970 79.0 $116,401 76.3 $117,565 76.1 Richmond 255,550$ 300,003$ $300,153 $337,837 $331,830 $337,442 $334,059 $346,470 $395,653 $399,609 San Pablo $ 436,156 70,776$ 83.2 83,792$ 80.1 $83,380 80.2 $96,184 77.4 $95,601 78.1 $95,310 78.1 $94,157 78.4 $95,356 78.1 $109,096 75.0 $110,187 74.7 San Ramon $ 1,231,049 187,024$ 84.2 212,987$ 82.3 $216,284 82.0 $251,605 78.4 $252,268 79.5 $252,187 79.5 $254,383 79.3 $253,658 79.4 $288,833 76.5 $291,721 76.3 Walnut Creek $ 1,301,412 159,187$ 86.6 190,306$ 84.0 $190,571 84.0 $215,144 82.0 $210,694 83.8 $214,995 83.5 $216,327 83.4 $211,506 83.7 $241,345 81.5 $243,758 81.3 CC County $ 3,653,028 400,713$ 88.3 465,102$ 87.0 $465,739 87.0 $525,212 84.9 $521,037 85.7 $528,710 85.5 $529,080 85.5 $535,464 85.3 $607,536 83.4 $613,611 83.2 Total $ 15,922,203
= No SUA. Stormwater funding from other sources.
FY 24/25 Budget Cap FY 25/26 Budget Cap
$4,000,000 $4,000,000
Adopted
FY 23/24 Budget Cap
$3,500,000
6. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2019.
FY 21/22 Budget Cap
1. Total Stormwater Utility Assessment (SUA) revenue based on FY 2022/23. SUA revenue may increase annually due to new development activity.
2. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2015.
Stormwater Utility
Assessment (SUA) Revenue1
(FY 2022/23)
FY 19/20 Net Budget
5. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2018.
Contra Costa Clean Water Program
Stormwater Utility Assessment (SUA) Revenue, Cost Allocations, and SUA Revenue Return-to-Source (RTS) Percentages
11. Percentage of Stormwater Utility Assessment (SUA) revenue Returned-to-Source (RTS). $2,625,516 $3,053,432 $3,085,545 $3,499,213
7. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2020.
3. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2016.
4. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2017. (Reviewed 01/16/2024)
FY 16/17 Net Budget FY 17/18 Net Budget FY 18/19 Net Budget FY 20/21 Net Budget FY 22/23 Budget Cap
10.Allocation of costs based on CA Department of Finance Population Figures - January 1, 2023. $3,473,097 $3,500,000 $3,500,000
8. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2021.
9. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2022. 4d Attachment 2
(Back to Agenda)
City Council Agenda Item 4e February 20, 2024 Page 1 of 2 City Council Agenda Item 4e
STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Larry Theis, City Engineer
DATE: February 20, 2024
SUBJECT: Approve Stormwater Operations and Maintenance Agreement for 500 Douglas Road (MS 01-22)
___________________________________________________________________________
RECOMMENDATION
Approve the Stormwater Operations and Maintenance Agreement for 500 Douglas Road (MS 01-22); and authorize the Mayor to sign the agreement.
BACKGROUND
On February 21, 2023, the City Council approved the final parcel map (MS 01-22) to subdivide an existing 1.47-acre lot into three parcels at 500 Douglas Road (APN 119-560- 012) and approved the project as categorically exempt from CEQA. The proposed southernmost parcel would contain the existing single-family residence and the proposed two northernmost parcels would be created as two additional single family residential lots. Under the requirements of Section C.3 of the City’s Municipal Regional Permit with Regional Water Quality Control Board, new developments are required install stormwater runoff facilities onsite to filter contaminants before discharging into the City’s public storm drain system.
DISCUSSION
The developer has proposed and designed a local private storm drain system onsite to receive the runoff from the three parcels at 500 Douglas Road. The storm runoff is captured within an eight-inch diameter PVC pipe system which outfalls to a bioretention basin located on one parcel of the development. The runoff then filters through the soil-sand medium to clean the water of contaminants and then exits the basin within a storm drain outlet pipe to be collected within the City’s public storm drainage system. The Stormwater Operations and Maintenance Agreement is to notify and require each of the property owners of the three parcels to maintain the system in working order and to provide annual reporting in perpetuity. This agreement will attach to the title of each of the parcels for future property owners.
City Council Agenda Item 4e February 20, 2024 Page 2 of 2
FISCAL IMPACT
There is no direct fiscal impact to the City.
CEQA IMPACT
On February 21, 2023, the City Council approved the project as categorically exempt from CEQA.
NEXT STEPS
Upon City Council approval, the City Clerk will obtain the signature of the Mayor, including a notary acknowledgment, along with co-signature from the Clerk and City Attorney on the Stormwater Operation and Maintenance Agreement. This document will be recorded at the County Clerk-Recorder in order for the Agreement to be attached to the title of each of the three parcels at 500 Douglas Road.
ATTACHMENT(S)
1. Stormwater O&M Agreement (500 Douglas Dr)
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(Back to Agenda)
City Council Agenda Item 4f February 20, 2024 Page 1 of 2 City Council Agenda Item 4f
STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Larry Theis, City Engineer
DATE: February 20, 2024
SUBJECT: Resolution Authorizing the City Manager to Execute Program Supplement Agreements on behalf of the City of Clayton for Federal Transportation Funding through Caltrans Local Assistance under previously approved Agency-State Master Agreement No. 04-5386F15
___________________________________________________________________________
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute program supplement agreements on behalf of the City of Clayton for federal transportation funding through Caltrans Local Assistance under previously approved Agency-State Master Agreement No. 04-5386F15.
BACKGROUND
At its November 1, 2016 meeting, the Council previously adopted Resolution 52-2016 which approved the Agency-State Master Agreement No. 04-5386F15 which allows the City to receive federal funds based on requirements set forth by the federal government. At this meeting, the City Council also approved the last program supplement No. F007 for specific roadway paving funds to be received from a federal grant.
DISCUSSION
The City Council needs to approve a resolution to authorize the City Manager to execute the next program supplement agreement No. F008 for $308,000. However given this is a regular occurrence every few years, we recommend a non-project specific authorization such that the City Manager can execute future program supplement agreements after No. F008 without the need to return to the Council for another specific authorization.
FISCAL IMPACTS
Failure to adopt this resolution will result in the loss of federal funds currently in process and all future grants.
CEQA IMPACTS
None.
City Council Agenda Item 4f February 20, 2024 Page 2of 2 ATTACHMENT(S):
1. Proposed Resolution for Authorizing City Manager to Execute Program Supplements Resolution No. ##-2024 February 20, 2024
RESOLUTION NO. ##-2024
RESOLUTION AUTHORIZING AND DESIGNATING THE CITY MANAGER TO
EXECUTE MASTER AGREEMENTS, PROGRAM SUPPLEMENTAL AGREEMENTS,
FUND EXCHANGE AGREEMENTS AND/OR FUND TRANSFER AGREEMENTS WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR RECEIVING
FEDERAL ROADWAY GRANT FUNDS
THE CITY COUNCIL
City of Clayton, California
WHEREAS, the City of Clayton is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation (Caltrans); and;
WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed; and WHEREAS, the City of Clayton wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager be authorized to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements, and any amendments thereto with California Department of Transportation; and
WHEREAS, the above stated Agreements with California Department of Transportation must be executed by the City before Federal and/or State funds may be disbursed, claimed, or reimbursed; and
NOW THEREFORE, BE IT RESOLVED the City Council of Clayton, California authorizes the City Manager to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements, and any amendments thereto with California Department of Transportation on behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 20
th day of February 2024, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
4f Attachment 1
Resolution No. ##-2024 February 20, 2024
THE CITY COUNCIL OF CLAYTON, CA
Jim Diaz, Mayor
I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Clayton at a regular public meeting held on February 20, 2024.
ATTEST:
Stephanie Cabrera-Brown, City Clerk
4f Attachment 1
City Council Agenda Item 8a February 20, 2024 Page 1 of 2 City Council Agenda Item 8a
STAFF REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Bret Prebula, City Manager
DATE: February 20, 2024
SUBJECT: Strategic Planning Meeting #2
RECOMMENDATION
Provide direction to staff on reducing the strategic goals from the nine (9) outlined at the February 6, 2024, strategic planning discussion to no more than five (5), inclusive of the strategic objectives related to those strategic goals.
BACKGROUND
Strategic planning serves as a compass for our city, enabling us to navigate the ever-changing landscape of challenges and opportunities. By engaging in a thoughtful and strategic planning process, we can establish a clear direction for Clayton's future, ensuring that our decisions align with our shared vision and goals. City Council conducted a citywide community survey, and conducted the first strategic planning meeting on February 6, 2024, outlining nine (9) initial strategic goals.
DISCUSSION
The City Council completed its first strategic planning meeting on February 6, 2024, creating nine (9) initial strategic goals. The City Council broke out into various Ad Hoc committees to work on the strategic objectives related to each strategic goal. Stategic planning meeting #2, today’s council meeting, the City Council will bring back the work completed on the strategic objectives as well as narrow down the nine (9) strategic goals to no more than five (5). These goals will be added to the strategic financial review occurring on March 5, 2024. (Back to Agenda)
City Council Agenda Item 8c February 6, 2024 Page 2 of 2
FISCAL IMPACT
There is no fiscal impact to this item.
CEQA IMPACT
None.
ATTACHMENT(S)
None.
(Back to Agenda)
City Council Agenda Item 8b February 20, 2024 Page 1 of 1 City Council Agenda Item 8b
STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Bret Prebula, City Manager
DATE: February 20, 2024
SUBJECT: Ad Hoc Committee-Downtown Parking
RECOMMENDATION
Create and appoint two (2) City Council members to an Ad Hoc committee to gather information on downtown parking and potential options.
BACKGROUND
At the January 20, 2024, City Council meeting, the Council requested an Ad Hoc committee be created to gather information and ideas related to downtown parking.
DISCUSSION
The Council needs to create and appoint two (2) City Council members to an Ad Hoc committee to work with the community to gather information and ideas on downtown parking.
FISCAL IMPACTS
The Ad Hoc committee does not create a fiscal impact.
CEQA IMPACTS
None.
ATTACHMENT(S)
None