CITY OF CLAYTON - Contra Costa Clean Water Program

							                                 CITY OF CLAYTON
                     2007/2008 ANNUAL REPORT SUMMARY


GENERAL OVERVIEW OF CITY OF CLAYTON

The City of Clayton is the smallest incorporated City of Contra Costa County with a
population of 11,000. There is only one commercial shopping center built in the early
1980’s, which is approximately 11 acres in size. The remaining commercial
businesses are a few retail, office and restaurants located in its historic downtown
area. The downtown buildings vary in age from 1880’s/1900’s to 2001. The City has
been built out for the last several years and most projects are related to smaller in-fill
developments of less than five acres. Overall the city has very little trash issues on its
roads, trails, parks/open spaces or creeks. The City’s watershed and creeks are in
generally good health (See Attachment ES-1).

The Asst. to the City Manager is the designated representative responsible for overall
implementation of the New Development and Construction Controls component of the
Stormwater Management Plan and for acting as a liaison with the New Development
& construction Control Committee. The further implementation is also delegated or
shared with the City Engineer due to that person’s technical expertise. Due to the
small city size, (the smallest in all of Contra Costa County in land area and
population), there is a very small number of staff (26 total - 11 police, 5 maintenance
and 10 administration/clerical of which two are part-time) (See Attachment ES-2 and
Attachment ES-3). There is only one designated City staff member who can
regularly attend and participate in both the Clean Water Program Management
Committee and the New Development Controls Committee. This staff person serves
as the Assistant to the City Manager whose duties to this program are only partial as
other responsibilities include Solid Waste and Recycling, Franchise Agreement
management, risk management, recreation/special events coordinator and newsletter
editor. Staff has identified an alternate person; however other required regional
planning scheduled meetings occur on the same time. To date this has not
significantly impacted the effectiveness of the City’s participation in this activity area.
There is no additional staffing planned at this time that would change the current
situation.

The City of Clayton had no new development applications or projects that were
submitted or completed applications subject to the C-3 Provisions during the reporting
period. There were seven prior applications submitted and deemed complete prior to
the February 15, 2006 deadline (See Attachment ND - 2). In addition there are three
applications that have been submitted prior to or after the deadline date that have
been deemed incomplete and thus will be subject to the applicable C-3 provisions
(See Attachment ND- 3).

During the reporting period there were eight projects that were under construction that
were subject to the reporting requirements. Of these eight projects only three were
subject to the State General Permit requirements as they involved site disturbance of
1 acre of more (See Attachment ND - 5). All other smaller projects (See Attachment
ND- 7; ND- 17 and ND-19) were required to have a site construction stromwater and
erosion control plan using appropriate BMPs; and/or had project conditions and
mitigations that addressed stormwater issues (See Attachment ND – 8 and ND 6a;
ND 6b and ND-6cin FY 06/07 Annual Report).

The City completed its review and construction started on one residential project
during the reporting year, a 9 unit infill townhome project (Mitchell Creek Place); and a
small commercial project involving a 14,000 sq ft gross floor area (two story) – 7,000
sq ft of building footprint. In addition there was the finalization of last year’s approvals
of the Longs Drugs involving a 14,000 sq ft Longs Drugs with approximately 44,000 sq
ft of impervious area. Pine Hollow Estates subdivision, a 7-lot single family infill project
on 2.5 acres, approved about 18 months ago began finishing construction this
reporting period. Although both of these projects were deemed complete prior to the
C-3 implementation date, City staff did ensure that the project conditions and
mitigations measures would address runoff issues to the Maximum Extent Practicable
(MEP) as is required under our current NPDES permit (See Attachment ND-9). [Also
See Attachment ND-6a; ND - 6b; ND- 9a; ND-9b and ND – 10 in FY 06/07 Annual
Report].

Other projects that received entitlements in FY 04/05, prior to the C-3 implementation
date, (Diablo Pointe- 24 lot single family; Oak Creek Canyon – 5 lot single family
home project; and an Bocce Ball recreation project, only the Diablo Pointe has really
begun site grading and some site improvements. Although all these projects were
submitted in 2004 and deemed complete prior to the implementation requirement of
C-3 on February 15, 2005; the City has conditions on the projects to address
stormwater runoff quantity and quality impacts to the maximum extent practicable, via
accordance with the project mitigation measures and conditions of approval, in
accordance with our current NPDES permit requirements.

The City does not have any industrial commercial developments, or commercial
related auto uses such as tire shops, gas stations, etc. It is a residential suburban
upper scale community comprised of a total 4,000 residential homes. There are six
major homeowner associations that manage common areas, including private streets,
landscaping, recreational clubhouse and swim pools. Over 79% of the residents have
a college education and are in management, professional or technical fields. The
median income is apx. $118,000. The City’s rental housing is limited to a small 40
unit apartment project for the developmentally disabled, and a new 86 unit senior
assisted living apartment project completed in February 2003. The only other rental
housing is from single-family residential housing being rented individually from the
owner. Based upon the 2000 Census the city has 94.4% of its housing stock as
owner occupied. There is less than 5% of the community that has listed English as a
second language. There is a private golf course and Country Club building and
related maintenance facility and the city has a small maintenance building and yard.
Both of these facilities are generally modern as they were built in the mid 1990’s.

The City’s small size and limited resources and limited revenues from the small
commercial areas also limits the city staffing to only 26 full and 2 part time personnel -
-11 Police, 5 maintenance, 10 admin/clerical (See Attachment ES- 2). These staffing

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levels are augmented by a volunteer City Treasurer, two part time police interns and
3-5 volunteer police explorers, one police reserve officer; two quarter time file
management volunteers; and temporary seasonal maintenance personnel as needed
and as funds allow. The City contracts for engineering services and legal services
with outside private firms. In addition building permit plan review and inspections are
contracted with the County. Sewer service (plan review and maintenance) and Police
Dispatch are contracted with an adjoining City (Concord).             The Commercial
Businesses Stormwater Inspections program is contracted with Central Sanitary
District (CCCSD). Additional outside private contract firms provide environmental
analyses processing planning applications as required/needed, and are paid for by
the applicant.

Funds for the implementation of the NPDES permit requirements are established
through a countywide agreement and specified legislation to allow a stormwater utility.
The City of Clayton is at its maximum collection amount allowed. Thus any future
increases are subject to proposition 218 procedures (2/3 voter approval). The voters
in the community historically have not been accepting of increased fees or taxes, and
have voted down measures related to geologic hazard abatements, street lighting,
library services, and most recently in November 2005, landscape maintenance.

Over the last 15 years $5.4 million from the City of Clayton’s general fund has
been taken by the State, due to the State budget shortfalls. The amount taken
averages $360,000 annually in funds that could have been used to pay for essential
local services and improvements including addressing state unfunded mandates such
as that created through the implementation of the NPDES permit requirements. Lately
to balance state shortfalls, during 2003/04 there was an additional $208,000 annually
taken by the State; and in 2004/05 an additional $431,077 from the City’s General
Fund, and $290,015 from the Redevelopment Agency Fund were taken. In 2005/06
there was $439,699 in general property taxes taken by the State, along with $76,804
for Proposition 1A, plus $290,015 in Redevelopment funds—totaling for FY 2005-06 a
loss of $803,518. In 2006/07 and 2007/08 there was $729,714 taken each fiscal by
the State from the City ($439,699 from the General Fund, and additional
$290,015 from the Redevelopment funds). The City budget was reduced 15%
during 2003/04; and again reduced 7.5% in 2004/05, and in 2005/06 and 2006/07
was only increased 6% allowing for a leveling off of service impacts, with revenues at
or slightly below that of 6 years ago – in FY 01/02. In 2007/08 the budget revenues
increased only 2.2%, thus remained basically flat (See Attachment ES-3).
Accounting for inflation city revenues are less in real dollars today than in 2001/02,
thus the City continues to only provide bare bones service levels to the community as
the increases were insufficient to make up for past years reductions, especially with
inflation factored in (See Attachment ES-4). Although there was some revenue
stability with the passage of Proposition IA it is unclear how future budget revenues
will occur with ongoing State fiscal structural deficit. The intent is to provide some
stability to local government revenue streams, in that there will no longer be an
additional funds taken from local property taxes; however in sales taxes and
redevelopment funds were not protected under Prop 1A and the State still has a
structural           deficit          of            around            $6           plus

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billion dollars; and the State can borrow local property tax dollars if a fiscal emergency
is declared. Already the City is experiencing a reduced revenue stream with the sales
tax-property tax flip by the State (triple flip). The City expects that (2007/08 and
2008/09) could have further reductions, or at the best remain fairly flat due to
State budget issues and the general economy. There is also concern that the State
promised short term triple flip may become a permanent financial mechanism, be a
more permanent financial revenue impact to our City. Although funding for new
construction plan review and inspection is set up to be cost recovery, the City’s
concern is on the broader implications of non-construction related
requirements for operations, maintenance, monitoring and reporting costs.
Funding ability for the future implementation of additional measures is of grave
concern to the City, as there are no new revenues adding to the City budget and
existing revenues are annually being eroded by the State. (See Attachment ES –
4; Attachment ES – 5; Attachment ES – 6; Attachment ES- 7; and Attachment ES
- 8).

The City has sought grants were applicable but has not been successful in receiving
grant funding. The lack of success is often due to competitiveness as they typically
include “need” section, which addresses an underserved section of the community.
The City does not have an “underserved” component, thus does not score well on the
requests; or they require a local organized community creek “friends” group of which
just started up in 2004/05 in the community. These groups have been somewhat
successful in obtaining local and regional grants that have allowed for the creation of
the Creekside Interpretative Area, and general studies of the Mt. Diablo
Creek/Watershed Area, and for a Mt. Diablo Watershed Plan (See Attachment PE-
21; PE – 23; PE - 24; PE – 25; PE -26; PE-27; PE-28; and PE-30 in FY 06/07
Annual Report). The Creekside Interpretative area was from grants though the
Regional Fist 5 Program, and Resource Conservation District's state proposition and
Cal- Fed grant funding. The City relies on outside groups to seek funding sources as
the City has limited staff resources or technical expertise to fill out lengthy competitive
applications. City staff initiated and obtained funding from grants that are per capita
funds that have been under Roberti-Z’berg and Prop 40, the City Council has
earmarked these funds for a future one acre park site development and rehab of an
historic building. The City was supportive and pleased with legislation and changes in
the Dept of Industrial Relations interpretations rulings that has created flexibility in
using volunteer work for certain activities, like creek clean ups, gather creek data, and
GPS mapping. However other activities may still require the use of prevailing wages.
This limitation further hinders options for local government for implementation of
monitoring and maintenance C-3 provisions, especially for a low funded community
such as Clayton, in a manner that does not impact other limited general fund city
revenues and services, such as police.

The City's waterways are an integral component of the community and overall the City
is proud of the creek system and its habitat. The two major creeks in Clayton are
mostly located within public open space or public easements and contain walking
trails and open space around them. The community really enjoys being out on its

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trails                                                                               and

the natural environment around them especially the creeks. Because of this sense of
awareness there is a strong pride of ownership in community about the creeks and
open spaces. Clayton residents are generally extremely great stewards of the
environment and the creeks in the community. The creeks visually appear to be
pretty healthy and have habitat life that includes toads, lizards, snakes, water bugs
and insects, small rodents and mid size mammals, along with a variety or birds and
waterfowl that visit and live in the area. (See Attachment A in FY 2001-02 Annual
Report). The City has a long history of preserving creeks and ensuring that the
environment is well protected; in general creeks are not piped or infringed upon and
there is plenty of open space natural hillside in the watershed area. The NPDES
program activities serve to help maintain the City’s historic and community ingrained
balance between providing a built community that respects the environment and
ensuring that the built environment and its people do not significantly adversely
impact the reason that they selected Clayton as their community to live in (See
Attachment ES – 1) .

The City of Clayton currently does not have any fully completed subdivision post
construction structural controls. There are four projects that have included various
post construction structural controls to the maximum extent practicable (MEP). These
typically are in the form of LID’s that are currently finishing construction, Pine Hollow
Estates, Mitchell Creek Place, Longs’ Drugs and Endeavor Hall parking lot. However
since they pre-dated the implementation date of the C-3 requirements, City staff is not
required to report on it, however is at this point using them as a pilot projects.

Since the City has yet to have any fully completed post construction structural controls
at this time we have not established the evaluation of effectiveness of any such
improvements or prioritizing etc. this is expected to occur over the next 12-18 months.
At this point the City has completed its review of the final O&M stormwater plan,
CCR’s etc, for the Pine Hollow Estates planned post construction structural control
which utilized low impact infiltration design. The cost estimates for operation,
maintenance, reporting and capital replacement is more expensive than either the city
or developer anticipated (See Attachment ND- 11a in FY 06/07 Annual Report).
Given these extremely high annual costs per residential owner, the city and developer
re-evaluated options to see if costs can be reduced. The City originally proposed
using a Benefit Assessment District approach to address these costs. After concerns
raised by the developer to the City Council the Council established an Ad Hoc
committee which recommended and the City Council agreed to having a hybrid
approach used wherein the property owner is responsible for some requirements; the
HOA for other and the City for reviewing and approving the annual compliance report
the HOA will provide (See Attachment ND-11b in FY 06/07 Annual Report). In FY
08/09 the City will consider modifications to its fee schedule to include post
construction control inspection, monitoring and reporting fees to cover staff costs for
such applicable projects.

NEW DEVELOPMENT AND CONSTRUCTION CONTROLS

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The City does not have much vacant or redevelopment land available and most are
constrained sites or smaller infill sites. There are approximately 5 areas comprising a
total of 25 acres within the current city limits available for primarily infill development
that has not received development entitlements (about 23 acres for residential low
and medium density; and 2.1 acres of commercial retail/office) (See Attachment ND-
1). Site areas range from approx. 8,000 square feet to about 13 acres.

The City of Clayton had no new development applications or projects that were
submitted or completed applications subject to the C-3 Provisions during the
reporting period. There were nine prior applications submitted and deemed
complete prior to the February 15, 2006 deadline (See Attachment ND - 2). In
addition there are four applications that have been submitted prior to or after the
deadline date that have been deemed incomplete and thus will be subject to the
applicable C-3 provisions (See Attachment ND- 3).

The nine development applications that were filed that were deemed complete prior to
the implementation date of February 15, 2005 (See Attachment ND – 2) consisted of
a 25-unit detached single family home project, with a 5 acre parkland dedication to Mt
Diablo State Park, that involves demolition of older Church Seminary buildings and
parking lot, which will result in less than once acre of additional impervious surface
area; a 7 lot infill residential subdivision project; a 5 lot single family residential project;
and a 1-ac. Bocce Ball recreation park project; .50 acre Keller House; 1-ac. Downtown
Park; a 9-unit single family infill subdivision; and a 1-ac site for a 14,000 sq foot Longs
Drugs (about 44,000 sq foot of total site impervious area); and a 7,000 sq ft
retail/office (Flora Square). During the planning entitlement process these projects
were routed to the Regional Board staff for opportunity to comment as part of the
Planning Department development review process. The Regional Board staff did not
respond to request for comments. Although these projects are technically exempt
from the C-3 requirement city staff worked with the developers and applicants to
attempt to minimize runoff quantity and quality with mitigations and conditions of
approval to the Maximum Extent Practicable (MEP) as required under our current
NPDES permit most using LID’s and the Program C-3 Guidance manual as a guide
(See Attachment ND- 9). [See also Attachments ND- 6a; and ND - 6b in FY 06/07
Annual Report; Attachment ND-2 in FY 04/05 Annual Report; Attachment 14, 15
and 16 in FY 2003-04 Annual Report].

Of these above active construction projects, only three have site disturbances of over
an acre thus subject to providing proof of coverage under the State General Permit
(See Attachment ND-5). All projects including smaller projects for which a grading
permit or erosion control plan is not required are regularly inspected as well (See
Attachment ND-17).

The remaining new development projects were 7 applications for remodeling/additions
or renovations to existing single family homes all under 10,000 sq feet in size (See
Attachment ND – 7). City staff did ensure that these project had appropriate
construction site Best Management Practices required as part of the permit review
and issuance process through the Planning Conditions of approval and implemented

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by the City Engineer through encroachment and or grading permits (See Attachment
ND -8).

In addition to the above nine larger or major projects the City had various smaller or
minor projects, not technically subject to any specific reporting. These included an
additional 21 development projects under construction that were all for small
remodeling/additions or renovations to existing single family homes; 17 swimming
pools and 15 miscellaneous projects (See Attachment ND – 19). City staff did
ensure that all these projects had appropriate construction site Best Management
Practices required as part of the permit review and issuance process through the
Planning Conditions of approval and implemented by the City Engineer through
encroachment and or grading permits, or small project stormwater BMP inspection
permit (See Attachment ND - 8). In addition the city also sends pre-rainy season
inspection letters and conducts inspections of these smaller non reportable projects.
Of these 53 projects, 15 received written pre-rainy season deficiency notices (See
Attachment ND-20).

Of the nine reportable projects, eight were active during the rainy season. A total of
395 inspections were conducted with 214 wet season inspections for an average of
27 rainy season inspections per site. There were a total of 181 dry season
inspections (See Attachment ND -17). As noted above, the City provides letters and
conducts pre-rainy season inspections to all projects that have been issued or have
active stormwater inspection permits, regardless of size. There were a total of 30
letters sent out, and of those there were 22 initial deficiency notices generated (See
Attachment ND - 17).         All made corrections to the notices by the follow up
inspection. This is about 50% less than last year as there were fewer projects overall,
likely due to the downturn economy. For the dry season inspections averaged 22 per
project. For the projects with grading permits the total number of wet and dry season
inspections was 395, which yields 43 inspections per project site. Wet season
inspections averaged about two times per week per project site (See Attachment ND-
17). This is about the same as than last year which is likely due to the continuing dry
winter and decrease in number of projects and active projects, due to the downturn
economy. In addition staff conducted inspection during or immediately after any rain
event that occurred after the rainy season. The inspection totals for all rain days
regardless of season was also logged. For non reportable small homeowner addition,
pool or miscellaneous projects, only one verbal correction was made during this
period.

Through the on-going regular monitoring and inspection of the development activities
the City has identified any appropriate corrective measures needed to which the
developer or contractor has promptly responded. In some cases verbal warnings were
issued, verbal temporary cease work orders, or written warnings were issued until all
measures were satisfied. The inspector makes follow up site visits within 24-72 hours
to verify compliance. To date all city verbal or written warnings have been complied
with and thus the City has not needed to pursue further enforcement actions.



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Although there were not any projects processed during this reporting period that were
subject to the C-3 requirement city staff worked with the developers of previously
approved project that are exempt from the C-3 requirements to implement

construction of LID’s using the Programs C-3 Guidance Manual, in an attempt to
minimize runoff quantity and quality with mitigations and conditions of approval to the
Maximum Extent Practicable (MEP) as is required in our current NPDES permit (See
Attachment ND- 6a and ND 6b in FY 06/07 Annual Report; Attachment ND-2 in
FY 04/05 Annual Report; Attachment 14, 15 and 16 in FY 2003-04 Annual
Report).       City staff began and spent considerable time working with the
Lamaroux/Sorenson/Leal and the Rivulet developers in education of reduction of
runoff to the MEP and the C-3 requirements and Program Guidance Manual to assist
in facilitating the completion of their entitlement application materials.

Although predating the C-3 requirements, during this reporting period there was one
small commercial project (Longs Drugs) that proposed/conditioned to have some post
construction structural controls to the maximum extent practicable that was finishing
construction (i.e.: bio-engineering swales; landscape planter infiltration; drainage inlet
interceptors; and detention inlet) (See Attachment ND-9). (See Attachment ND- 6b
in FY 05/06 Annual Report). This projects final O&M plan was submitted last year
(See Attachment ND -10 in FY 06/07 Annual Report). The Pine Hollow Estates
residential project also completing final construction used on-lot LID planters and a
grassy bio swale to address runoff (See Attachment ND-9). Another small residential
subdivision infill project (Mitchell Creek Place) also predating the C-3 requirements,
received approvals with conditions to address stromwater runoff quantity and quality
to the MEP by using above ground planters and a bio-swale approach, and is still
under construction (See Attachment ND – 6a in FY 06/07 Annual Report).

The developer of Pine Hollow Estates did submit a final stormwater operation and
maintenance plan, CC&R’s and deed restrictions (See Attachment ND-9a in FY
06/07 Annual Report). This project uses below grade or depressed bio infiltration
planters and a grassy swale to treat and infiltrate runoff (See Attachment ND - 9).
Another project is a smaller commercial Longs Drugs store also submitted its
operations and maintenance plan (See Attachment ND-10 in FY 06/07 Annual
Report). This project uses raised bio infiltration planter beds around areas of the
building/foundation and parking lot below grade infiltration planter (See Attachment
ND-9). Additionally, Mitchell Creek Place also includes LID approaches and is also
preparing its final documents. The project is conditioned to have the final document
completed and approved by the city staff at the time of the final construction /
occupancy inspection. Prior to these projects there have been only two city projects
that included bio-engineering swales one from a city library parking lot that drains
through a landscape area for some infiltration of stormwater runoff; the other is a
natural bio-swale that allows for infiltration of the city maintenance yard parking lot
area. This year, the Endeavor Hall parking lot expansion occurred, which included LID
planter areas. These city owned and maintained projects are annually checked as
part of the pre-rainy season inspection to verify that there is not any blockage or any
other issues related to their function. Because they are very small and on city
property as part of existing city facilities any maintenance would be a part of the
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facility/grounds maintenance. In general they have been designed to require no too
little maintenance. Because these are recently installed facilities which pre-date the

 C-3 permit amendments there is not a formal inspection reporting at this time, unless
there is a problem. To date no problems have been observed or noted by
maintenance staff.

Since the City has yet to have any fully completed post construction structural controls
at this time we have not established the evaluation of effectiveness of any such
improvements or prioritizing etc. These aspects will be developed once design plans
and operations and maintenance documents approved by the City; this is expected to
occur over the next 12-18 months.

For any new projects submitted that are subject to the C-3 amendments the City will
be using as guidance the verification as provided in the Program Stormwater C-3
Guidance Manual Chapter 6, and Appendix F. The City Engineer will be responsible
for review of the documents, with review and input from the, County Vector and
Mosquito Control if applicable, the City Maintenance Supervisors and the City’s
Stormwater Manager.          The operations and maintenance of post construction
structural controls is anticipated to be funded by establishment of an assessment
district to cover maintenance, inspection, reporting, and capital replacement; or other
method as determined appropriate by the City. If an assessment district is used the
City will either conduct these activities or contract for them to be done. The City
Council has approved a hybrid approach to allow individual lot owners/HOA approach
for the Pine Hollow Estates and Mitchell Creek Place projects. It is expected that
next year we will have some limited experience or feedback with new post
construction structural controls from the Pine Hollow Estates and Mitchell Creek Place
residential projects and the Longs commercial project. The City anticipates being
able to include the inspection verification and evaluation of effectiveness in future
Annual Reports.

The Asst. to the City Manager provides updates to all appropriate city staff either
through one on one contacts; weekly dept head staff meetings (management team
meeting); emails and handouts/memos. Communication to the City Manager is done
as needed at the weekly staff management team meeting and by memo/e-mail. The
Asst. to the City Manager during this reporting period has also spent substantial time
and participated in the Stormwater Programs working group to create information on
maintenance documents, responsibility reporting and funding issues related to the
implementation of project C-3 control measures. Additionally time has been spent
attending SF Regional Water Board workshops and meetings regarding the MRP,
Stream and Wetland Policy, Bay Basin Plan, and State General Permit and State
Goals setting. Information to the City Council occurs through the Council’s weekly
update provided by the City Manager. Program staff presentation at Mayors
conference, Public Mangers Association, County/City Attorneys and the City/County
Engineers Association has also occurred; as well as brief updates via the annual
stormwater assessment levy staff reports and presentation at the City Council public
meeting. Materials to staff this past year have continued to focus on the C-3
implementation and requirements (See Attachment ND – 10); and to provide
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appropriate Best Management Practices to smaller routine construction projects both
with any Engineering permit (such as encroachment or grading) and out in the field by

the inspectors as needed to contractors and homeowners (See Attachment ND –
11). There have not been any new employees needing education or training. The
City Engineer, Planning Director, and Asst Planner and Asst to the City Manger have
all attended previous Program training workshops on C-3 and the city engineering
inspector has ongoing annual program training for field inspectors. Due to schedule
conflicts and lack of staff resources the engineering inspector and stormwater
manager were unable to attend annual Program workshop training. However the
Stromwater Program Manger did attend the Watershed Forum Workshop. The City
also has a DVD of the C-3 Program workshop which is a reference for Planning
Commissioners, other staff etc. Manuals and materials are copied and distributed as
needed or links provided in emails to appropriate web based information.

In adopting the new Stormwater Ordinance (No. 379- November 16, 2004 – See
Attachment ND - 14 ) the City did not find a need to make any immediate changes to
its General Plan policies or its Environmental Review Process. All matters for such
consideration are reviewed internally by City staff including the Asst. to the City
Manager (Stormwater Manager, City Engineer, Planning Director, City Manager and
City Attorney). The City has its own grading ordinance, which contains requirements
for erosion and sedimentation control. It also has ordinances related to public
improvements such as curb, gutter streets and sidewalks, sewage and water and
periodically reviews its existing ordinances applicable to stormwater control issues. At
this time the City has not made any other amendments to our standards, ordinances
or General Plan policies related to the implementation of the Provision C-3
Amendment. The City Planning Department utilizes a CEQA checklist to ensure
compliance with all the relevant issues. (See Attachment C in FY 2001-02 Annual
Report) as well as use of its various General Plan and Specific Plan policies (See
Attachment D in FY 2001-02 Annual Report) related to environmental issues
including drainage. It also utilizes its Ordinances related to Hillside Development, Use
Permits and Water Conserving Landscaping in project review and approval as
applicable. (See Attachment E in FY 2001-02 Annual Report). The City also uses
its newly adopted Stormwater Ordinance (No. 379- November 16, 2004 – (See
Attachment ND- 14 ). With these tools the City develops appropriate mitigation
measures (if applicable) and conditions of approval to discretionary applications
related to stormwater management construction Best Management Practices (BMP’s)
and post construction structural controls to the Maximum Extent Practicable (MEP).
The City also applies typical Standard Conditions of Approval for all projects related to
Best Management Practices for Site Construction (See Attachment ND – 8). These
are applied to mostly smaller projects that are categorically exempt from CEQA review
as a minor project and are less than 10,000 sq ft of impervious surface. Typically
these are single family homes or additions/accessory buildings to existing residential
or commercial buildings that require Planning Commission hearing and approval as
discretionary design review applications.



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PUBLIC EDUCATION AND INDUSTRIAL OUTREACH

The City of Clayton population at 11,000 is less than 50,000. Given the City’s
socio-economics and its physical location within the region there have not been
any barriers identified that would require communication with the public in a
language other than English. According to Census 2000 data less than 5% of the
community listed English as a second language. About 95% of the City residents have
English as their primary language. For the other 5% their primary language is varied
European languages such as Polish, Slovak, German, Greek, Turkish; there is some
Asian, Indian, and Spanish languages however each of these is less than 1%. Central
Sans staff (commercial/industrial inspectors) and city staff have not identified any
language barrier issues with its residents, commercial establishments including
restaurants. Because Clayton’ location at the end of suburbia in Central Contra Costa
County, its lack of proximity to urban areas and public transportation and only ten food
establishments/restaurants, the employees tend to be local residents. Given the
City’s socio-economics and its physical location within the region there have not been
any barriers identified that would require communication with the public in a language
other than English.

The Asst. to the City Manager provides updates to all appropriate city staff either
through one on one contacts; weekly dept head staff meetings (management team
meeting); emails and handouts/memos. Communication to the City Manager is done
as needed at the weekly staff management team meeting and by memo/e-mail.
Information to the City Council occurs through the Council’s weekly update provided
by the City Manager. Program staff presentation at Mayors conference has also
occurred; as well as brief updates via the annual stormwater assessment levy staff
reports and presentation at the City Council public meeting. Additional information
may be passed along to the city managers/county administrator via the Contra Costa
Public Managers monthly meeting as appropriate (the Danville Town Manager and the
Clean Water Program Manager coordinate this aspect). Materials to staff this past
year have been mostly focused on the continuing the C-3 implementation and
requirements. There have not been any new employees needing education or
training. The City Engineer, Planning Director, and Asst. Planner and Asst. to the City
Manger have all attended Program training workshops on C-3 and the city
engineering inspector has ongoing annual program training for field inspectors. This
year however, neither the engineering inspector (the City has only one) nor the
stormwater manager was able to attend the Programs annual inspector training due to
schedule conflicts. The City’s Asst. to the City Manager was able to attend the
November 15th day long Watershed Symposium. A DVD of the C-3 Program
workshop is also available as reference for Planning Commissioners, other staff etc.
Manuals and materials are copied and distributed as needed or links provided in
emails to appropriate web based information, especially that of the Clean Water
Program C-3 Guidebook and background materials available on their website to
potential developers, applicants, staff, commissioners and council members.




                                         11
Additional materials related to information on the new C-3 regulations and
requirements were available at the City Planning Department (See Attachment PE-
4) and new development applicants referred to the Program Web site for additional
information and the C-3 Guidance Manual. The City of Clayton provides a bi-annual
newsletter to all residents and businesses, which are approximately 4,000 direct
mailings each. At least annually, the newsletter contains articles regarding street
sweeping, and it is posted on the City Web site (See Attachments PE – 5); the
proper disposal oil; the proper disposal of HHW, E-Waste and collection locations and
events (See Attachment PE- 6) (See Attachment PE - 7) (See Attachment PE - 8)
(See Attachment PE-9).

In accordance with our permit modification approved by the regional board (See
Attachment 23 in FY 03/04 Annual Report) all storm drains were stenciled in 04/05
with thermoplastic “No Dumping Drains to Creek”. The City has stenciled 100% of the
650 storm drain inlets in the community, additional periodic newsletter articles are
continued by city staff explaining the program to all residents and businesses.
Additional periodic newsletter information and public handouts have also been
provided (See Attachment PE- 16).

Because the city is so small the PEIO distribution plan includes providing materials at
the Library; and City Hall. Some materials are also at the City Engineers office, (an off
site location). Materials are also available at the County Building Department who
handles plan checking and permit issuance and building inspection under contract for
the City. Some additional materials are also mailed out to active construction projects;
distributed in the field by inspectors; and attached to permits/construction plans.
Various PEIO materials are provided at these offices for the public however it is not
possible to track if the material taken was by a Clayton customer or someone else.
The City due to staffing limitations and lack of community volunteering to coordinate
was not able to hold its annual spring Clayton Cleans Up day. In the past this event
was held twice a year (spring and fall) – staffing limitations and lack of community
volunteers to organize decreased it to one event last year (2006-07). However this
year further staffing limitations and no community members able to coordinate lead to
cancellation. It will be attempted to be done in spring of 2009 if there is community
volunteers that come forward to undertake. At this type of event the city makes
Clean Water and related materials available for the public. Approximately 200 turned
out for the spring (April) 2007. Because there were no community wide events held in
FY 2007/08 there were a lesser number of materials distributed to the public. The City
participates in two Clayton downtown weekend festivals that draw 7,000-10,000 local
area residents - Art and Wine Festival and the Oktoberfest. This year the City again
ensured that there was a booth at the events that provided information on Clean
Water and HHW, etc. Materials provided to the public were those developed by the
Clean Water Program, Water District (CCWD) and the sanitary district.

As in past years the City’s local chamber and civic organization group (CBCA) held its
two community festival events. The first is the spring annual Art and Wine Festival,
this year attended by over 10,000 local and nearby residents. The second event is its


                                          12
fall two day annual Oktoberfest, attracting 15,000 local and nearby residents. The City
ensured that there was a booth at each event that provided information on Clean
Water and HHW. Materials provided to the public were those developed by the Clean
Water Program, Water District (CCWD) and the sanitary district (CCCSD) providing
materials to the public on provided information on Clean Water and HHW, less toxic
gardening and recycling etc.

A total of 785 pieces of PEIO materials were distributed in Clayton (a decrease of
63% over last year, and a decrease of 30% from two years ago), plus 8,000
newsletters which included PEIO information (See Attachment PE - 6). Additionally
many informational articles covering the local environment, environmental
volunteering, clean ups, good gardening practices etc., were provided in the local
paper, Clayton Pioneer, direct mailed to 4000 residents plus all businesses (See
Attachment PE – 15); The updated brochure by the City and the City’s curbside
collector, Allied Waste, to all 4000 Clayton households and businesses on HHW, E-
waste refuse and recycling (See Attachment PE – 10) also occurred. New this year
was the availability of car wash brochures, and kits developed by the Program, for
organized non -profit type car wash events (See Attachment PE-3). The City of
Clayton received one kit and made the brochures available at its public counter.
Stream Management for Private Property Owners (Attachment PE-11); Horse
Owners Guide to Water Quality (See Attachment PE-12), and new materials for
Construction and Demolition Debris Recycling (See Attachment PE - 13 ). Additional
informational handouts on programs and resources on Living with Wildlife were made
available at City Hall and the Library to help educate the public about being good
neighbor to watershed wildlife (See Attachment PE-14). By category the counts for
informational materials handed out at public events or public areas for FY 07/08 were:
Waste Disposal (0); Used Oil Recycling (27); Promotional Items (89); General
Information- Restaurants (24); Pest Management/Pesticide Use (370); Garden/Creek
Workshops (25); Contractor Cards (75); Other - HHW/Recycling (175). The individual
most popular materials this reporting period seemed to be Tips for a Healthy Beautiful
Lawn (60); Keeping Mosquitoes Away (55); Wonderful Roses (50); Controlling
Yellowjackets Around Your Home (40); Controlling Ants (40); Controlling Weeds (35);
Poppy Seed packets (35); Moving Out HHW Disposal brochure (35); C&D Recycling
(30); Snails and Slugs in your Garden (25); E-Waste is Extremely Toxic (25).

Continuing its efforts from the last two years, the City of Clayton again this year
undertook sponsorship and involvement in many newer activities that are increasing
the public awareness of the watershed and in some cases obtaining data of the Mt.
Diablo Creek in the Clayton area. One of these was the co-sponsorship of a regional
(county-wide) annual watershed symposium (See Attachment PE- 19).         Last year
the City anticipated there would be increased outreach, coordination by the
Watershed Project which was formally Aquatic Outreach Institute (AOI). The
Watershed Project focus includes the suburbs of Central County and East County,
which more closely matches our setting, however due to lack of funding, school labor
issues, lack of interest by area teachers and programs in non convenient locations
this effort did not materialize as expected.


                                         13
The Watershed Planning Project for Mt. Diablo Creek began in May 2005 and was
completed in early 2007. This effort was undertaken by the Resource Conservation
District is continuing their efforts in the Coordinated Resources Management Plan
(CRMP) process. The focus was to enable community members and other interested
stakeholders to work together to develop a voluntary management plan for conserving
natural resources in the Watershed Area while meeting community needs (such as
flood management, stream bank stability, housing, recreation, and respecting private
property rights). The study aimed to help the community and stakeholders as to what
aspects are part of a healthy watershed. The project was funded by the CALFED Bay
Delta Water Program through the State Resources Control Board. The Watershed
Inventory Report (completed in June 2006) conclusions indicate that the Upper Mt.
Diablo Creek and its Watershed, located mostly in the Clayton area, are in general
good health. They further suggest areas for enhancement projects, but note that
more future studies and data collection are needed in order to draw any conclusions
as both of these studies were limited in their data gathering, providing a snapshot of
the area. There is still no funding available to undertake any of the suggested future
studies or creek improvements. In addition most of the areas suggested are not in
public ownership, but are owned by private property owners, further limiting abilities.
During FY 06/07 the process concluded with the completion of the Mt. Diablo Creek
Watershed Plan (See Attachment PE - 28 in FY 06-07 Annual Report).

The Friends of Mt. Diablo Creek was started in May 2004 (See Attachment PE – 29
in FY 06-07 Annual Report). This non-profit organization of interested people was
started by two employees of the Resource Conservation District (whose offices are
just at the Clayton City Limits and about blocks from the Creek) who had an interest to
learn more about the Creek and Watershed and work on projects to maintain and or
improve it. They participated in the RCD Watershed Planning Project; GPS Survey
mapping and creek inventory/assessment data collection; and Volunteer Monitoring
activities as well as the Creekside Interpretative Area; Creekside Arts Celebration at
the Library and Clean Up events in Clayton and the State Park. City staff, via the Asst
to the City Manager, is available to assist in providing information, materials, donating
meeting room space, and project coordination where activities involve public property
should future needs of this group come to our attention. City staff is also available to
facilitate communication to the community of their meetings and activities and to other
organizations in the community who might want to partner such as the Clayton Valley
Garden Club, scouts etc. This organization was thought to be a group that could
partner with the City to assist in its PEIO activities, etc. Unfortunately, there seems to
be a lack of ongoing participation or organization of this group. City staff continues to
keep itself available for any re-energizing of this group or other opportunities which
may lead to for collaboration and partnerships.

The City continues its support through maintenance and logistical coordination of the
Native Plant Butterfly Garden Project undertaken in partnership with the local
garden club and library which the City sponsored. The Butterfly Garden project has
lead to an annual (April) Creekside Arts Celebration (formally known as the Spring
Nature, Art, and Music program) at the Library and the Library grounds adjacent to


                                          14
Mt. Diablo Creek. Interpretative nature programs are provided for young children,
youth and their parents at the Creekside Interpretative area. Volunteer Creek
Monitoring begun in FY 04/05 continues to occur along Mt. Diablo Creek and its
watershed area. This is a group of citizens that are part of the Contra Costa Citizen
Monitoring Program that are GPS mapping the creek at selected locations (See
Attachment PE – 22 in FY 06-07 Annual Report). Interpretative nature programs
are provided for young children and their parents at the Creekside Interpretative Area .
Materials about the watershed and good gardening practices are provided through the
help of volunteers including the Mt. Diablo Interpretative Association; Friends of Mt.
Diablo Creek; and the Resource Conservation District. This included information
displays about the watershed; creek monitoring and the watershed planning projects
all underway around Mt. Diablo Creek. Bald Eagles, Falcons, and various other
wildlife was brought in for use in public information sessions that incorporated the
importance of a good ecosystem and creek and watershed health as it related to the
wildlife in our community; about 800 persons were exposed to the weekend long
forum. This event, now in its fifth year continues to grow annually in popularity and
interest (See Attachment PE – 23). Throughout the year the City donated meeting
room space for displays and information and programs of local organizations, such as
Friends of Mt. Diablo Creek, Watershed Project, Mt. Diablo Interpretative Association,
etc. In FY 05/06, the City co-sponsored a successful Girl Scout habitat and
watershed education day which was lead by a watershed coordinator paid for by
Clean Water Program funding. The City again this year was able to provide co-
sponsorship of a creek habitat study field trip by local 8 th grade students to the
Creekside Interpretative area which was lead by a local 8 th grade science teacher.
(She had initiated this field work in FY 05/06). In April 120 eighth grade students used
the Creekside Interpretative Area next to the library and Mt Diablo Creek to conduct
hands on filed study of creek water chemistry and benthic macro invertebrate
assessments.

MUNICIPAL MAINTENANCE

The City does not have a full service maintenance department. The City has only 5
full time maintenance staff which are responsible for 2 million square feet of
landscaping and irrigation; 500 acres of open space; 50 acres of parks and irrigation;
2 children playgrounds/equipment; 3 ball fields; 2 soccer fields; 25 miles of trails; 84
miles of street markings; 50 miles of underground drainage; 20 miles of major
roadway sidewalks; 10 miles of creeks; 650 catch basins (inlets); 15 miles of “v”
ditches; 2000 street signs; 500 street lights; 110,000 sq. ft. of public buildings; and
75,000 square feet of public parking lots. Services for pavement repair, sewer and
signal lights are contracted out. Water supply and fire protection services are
provided by other public agencies.

Monthly sweeping was begun in 1999/2000 on all public city streets, which is about 82
curblane miles. (See Attachment MM-1). The City continued with its successful street
sweeping program with a private contractor that was started eight years ago.
Sweeping is done of all public streets on a monthly basis. In addition three city street
areas, about 15 miles, which are part of a truck route to a nearby gravel quarry in the

                                         15
County are swept at a minimum of a weekly basis by the Quarry (CeMex formerly
Lodestar RMC Quarry), and often during the summer busy season are swept two to
three times a week to prevent quarry dust and sediment from reaching storm drains.
A total of 1764 curb lane miles were swept. The City contracts for its monthly
sweeping of public streets. The company uses a broom assist vacuum sweeper
which has been effective for our mostly residential community with its leaf fall from its
street trees and dust and sediments from the gutter. All material from the city
contractor sweeper is taken to the transfer station in Martinez operated by Allied
Waste. The transfer station uses the material as determined acceptable for
alternative daily cover or is deposited into the landfill. The quarry uses a broom/brush
sweeper as the material targeted by them is gravel and larger sediment particles
along the quarry truck accesses. The material collected by the quarry is re-deposited
back at the gravel quarry in a spoils and sediment collection area.

In total approximately 424 cubic yards of material were removed by sweeping
activities. Estimated pollutant quantities removed by street sweeping include the
following: copper, 53.33 lbs.; PCBs, .01 lbs.; mercury, .03 lbs.; lead, 19.35 lbs.; total
petroleum hydrocarbons, 1038.31 lbs.; oil and grease, 2265.41 lbs.; nickel, 16.05 lbs.;
and zinc, 84.95 lbs.

In comparing last years numbers with this years, there were the same miles swept
and 424 cubic yards of materials about the same amount of materials as last year
(406 cubic yards). This is likely due to the same weather conditions as the prior year,
which involved less rain and less heavy leaf fall and less city road paving projects
than that which occurred in FY 2005-2006, where 530 cubic yards was collected
through street sweeping. The sweeping equipment is checked prior to its deployment
and spot checked by the driver during the sweeping operation to ensure all is in
proper working order. City staff periodically spot checks during and after sweeping to
ensure the sweeping seems to be effective equipment appears to be working properly
based upon a visual assessment. According to the driver, residents do not seem to
be sweeping their lawn and leaves onto the gutter as much as before. Again as an
antidotal item the City has continued to target messages to the public not to sweep
their yard debris into the gutter.

Every City storm drain (catch basin) and culverts were inspected and cleaned
(approximately 650) and approximately 135 cubic yards of sediment was removed,
the same as last year. This includes two assistance call outs were needed by Rotor
Rooter for clogged drains as part of the pre-rainy season inspection for a drainage
inlet. This number is the same as last years yet lower than that from two years ago
(195 cubic yards) when the city cleaned out box culverts. These box culverts are
typically cleaned every 2-4 years depending on need and funds available.
Additionally, it is likely the same amount of sediment was removed due to about the
same amount of lower rainfall this year. Estimated pollutant quantities removed by
storm drain cleaning include the following: copper, 7.25 lbs.; lead, 16.54 lbs.; total
petroleum hydrocarbons, 276.83 lbs.; oil and grease, 774.37; and zinc, 38.64 lbs.


                                          16
The amount of litter volume collected from trash receptacles this year (1450 cy) is
unchanged from last year. General regular service occurs 2 times a week. Next year
the City is considering adding an additional Saturday service. The total amount of
volume collected is not expected to change as there would be less picked up on
Monday as some of the Monday materials would have been collected on the added
Saturday. This added service would provide a cleaner appearance to the parks with
the additional collection for Sunday park users. In addition there was not the Clayton
Cleans Up events that were in the past held, only the scout troop event which
collected about half the materials as the clean up day previously done. [Clean Up
activities as compared to 80 cy in 03/04; and 40 cy in 04/05 and 40 cy in 05/06; 40 cy
in FY 06/07; and 26 cy 07/08)] –even without the Clayton Clean Up events,
maintenance staff did not detect any additional change from last year that could be
noted from litter along trail areas and creeks during routine city maintenance activities
(See Attachment MM -13). In total the City has seen a general decline in trash and
related materials collected: in 03/04 there was 3080 cy collected; in 04/05 about 2540
cy, in 05/06 about 1362 cy and in 06/07, about 1490 cy.;, and FY 07/08 1476 cy.

Newsletter articles and information on the city website on sweeping is included to the
public along with the schedule (See Attachment MM-1 and See Attachment MM- 3).
The schedule has not changed since the program was started. City staff updates the
maps as needed; no new streets were added this reporting period. Maps of the
routes have been placed on the city website in FY 05/06, along with an alpha street
listing for residents to identify their area by street name which was placed on the
website in FY 03/04. The schedules are also provided at City Hall and the library. City
staff ensured the agreement set forth sweeping hours of 9 am to 4 pm to minimize the
number of parked vehicles that might be on the street. All residents have two car
driveways so on street daytime parking is not an issue in the City. There are very few
cars on the street during the monthly sweeping time as the community is mostly two
wage earner commuters. Reminders to remove vehicles and other objects from the
curb on sweeping day were included in City newsletters (See Attachment MM - 3).
The sweeping company reported that there were not any issues with vehicles on
streets as an impediment to overall sweeping effectiveness. In addition several
neighborhood areas have common front yard maintenance of homes on private
streets done weekly, which includes the gardening service blowing and sweeping up
materials or vacuuming from the curb lines of their private HOA maintained streets.

Maintenance personnel annually inspect all City maintained creeks (approximately 5
miles) for debris, erosion and pollutants and illicit discharges. (See Attachment A in
FY 2001-02 Annual Report). These areas are cleaned annually and trash, pollutants
and debris removed as needed. All city-maintained “v”-ditches in open space have
annual pre-rainy season inspections and cleaning. Vegetation, silts and debris are
removed as necessary to ensure proper flow and remove potential pollutants. All work
is done by hand and covers at least 15 miles of ‘”v”-ditches and all 650 drainage
inlets, and the 5 miles of creek. Periodic visual inspections are conducted throughout
the rainy season as well with additional cleaning as needed. There are no targeted or
hot spots that have ever been identified in the city by its annual or routine inspections.


                                          17
During the rainy season the maintenance staff visually patrol drain inlets and manually
remove debris build up as needed. Excessively clogged drains are a rare occurrence
and when it does occur the city calls a private drain cleaning service (i.e.: Rotor
Rooter).

Throughout the year, the City responded to every call for service and/or complaint
regarding storm drain cleaning, accidental spills, and incidents of dumping. Generally
there are only 2-6 such calls per year. In this reporting period there were nine minor
spill incidents and seven minor dumping incidents (See Attachment MM - 4b). In all
cases no materials entered the storm drain system and all were cleaned up. In
general the spill incidents were 2 car accidents with minor fluid leaks; 3 parked vehicle
leaking fluids; and two gravel truck spills. The dumping involved 2 chipped branches
in city open space; 1 shopping carts on creek bank; 1 small furniture piece on
roadside fallen off of transport vehicle; and 2 dirt in open space near creek from kid
made bmx bicycle race course. Two assistance call outs were needed by Rotor
Rooter for clogged drains as part of the pre-rainy season inspection for a drainage
inlet and are included in the drainage inlet annual cubic yard quantitative maintenance
clean out data. The City protocol and spill response tree (See Attachment MM – 4a)
- is still current and in use. No new staff have been added, thus additional
redistribution was not done last year as all appropriate employees have the current
information.

The City staff with the City’s Community Services Commission has in the past
planned organized and participated in education and implementation of clean-up and
recycling programs; - one in the Spring for Keep California Beautiful Week; and one
in the Fall for Coastal Clean Up Day. In FY 06/07 the Commission did not to hold its
Fall Clean Up due to lack of Commission volunteer time to organize, lower community
participation, and need to focus on other higher priority events with their limited
volunteer time and resources. In FY 07/08 the City Council suspended the
Community Services Commission due to a lack of interest by the public in
volunteering for this Commission, and lack of staff resources to organize and assist.
The City did establish a new Trail and Landscape Committee which planned to
undertake the Clayton Cleans Up events, however due to reduced staff resources
staff would not be able to assist in the planning and event coordination. In FY 07/08
this Committee did not obtain enough volunteers of their Committee members to plan
and coordinate the event. The Committee will reconsider this event if Committee
member’s interest materializes if others come forward to volunteer, organize etc. in
conjunction with this Committee. During FY 07/08 this Committee developed a draft
pilot “Adopt a Trail” program which would include a community participation
component. If the final program is approved by the City Council (expected to be
considered in FY 08/09) and there is interest by the community to participate, it might
be a future activity program that would assist in helping pick up along specific trails in
the City.

In accordance with our permit modification approved by the regional board
(Attachment 23 in FY 03/04 Annual Report) the stenciling of all storm drains with
thermoplastic “No Dumping Drains to Creek” was completed four years ago, in FY

                                          18
04/05.     This   involved   purchase   of    equipment   and   thermoplastic   stencils

(See Attachment MM – 6). Maintenance staff applied the stencils to all 650 storm
drain inlets, which has been periodically followed up by public handout materials at
public facilities and events (See Attachment MM – 7). Ongoing newsletter articles
have also been provided continuing the information and education outreach to the
community (See Attachment MM - 8).

In addition to the maintenance staff activities and the community clean up events the
city has trash receptacles at its parks and in the downtown that are serviced by
maintenance staff two times a week. There are about 50 containers that hold 40
gallons which annually yield about 1450 cubic yards of trash collected; another 26 cy
of material was collected from the scout troop clean up event, for a total of 1476 cy.
The City and its refuse/recycling contractor continue to support the weekly yardwaste
and recycling program that began in March 1999. Program reminders about this
service have are provided in the City's newsletter, billing messages and annually
updated brochures that are direct mailed to all customers, and are placed at City Hall
and the Library (See Attachment MM - 9). Due to the City’s location and socio-
economics, illegal dumping and trash has never and is still not a problem in Clayton,
the mandatory weekly curbside refuse and yardwaste collection along with mandatory
household waste and weekly curbside recycling, helps assist in keeping this potential
to a minimum. Since 2005, the City continues to provided the Builders Guide to
Reuse and Recycling (a directory for construction, demolition and landscapers) as an
education and information brochure, again with the goal to continue to ensure illegal
dumping does not occur in the community (See Attachment MM – 6 in FY 04/05
Annual Report). The City also passed a Construction and Demolition Debris
recycling ordinance in December 2005 which requires a minimum $2000 deposit for
most new and reconstruction projects which is further incentive to properly recycle
and dispose of their construction materials. This reporting period City staff continued
to provide its informational handout package which was developed and implemented
last year, which explains these requirements and proper recycling and disposal
options (See Attachment MM - 10). In addition the City’s franchise hauler (Allied
Waste) this reporting period updated and included information on its web site (See
Attachment MM 11) and the city provided information in its newsletter (See
Attachment MM -12).

All city vehicle maintenance is performed off site at commercial businesses or other
agencies. All maintenance vehicles and appropriate equipment are inspected weekly
for leaks. The city weekly maintenance of vehicles (topping off fluids) and fueling is
done at nearby service station in another city. The wash rack unit is used for washing
city vehicles either maintenance vehicles or police vehicles. In general police vehicles
are washed off site at a commercial fueling station/car wash in another city. The
manufacture provided procedure manual for the wash rack unit. In general the
equipment has closed drains and recycled water system, and is located in a roof and
wall service bay large enough to fit a boom rig truck. (See Attachment MM- 7 in FY
04/05 Annual Report). The equipment is inspected and maintained regularly usually


                                         19
quarterly maintained on an annual or semi annual basis for cleaning or changing of

water and filters based upon our low usage. The maintenance of the wash rack unit is
being done by an outside contractor who specializes in the equipment and follows the
manufacture recommendations based upon our usage.

The maintenance yard is used by five full time employees and on occasion seasonal –
temporary workers. Education and training is done as needed in addition City
maintenance staff conducts weekly safety meetings.

The Clayton community rarely has graffiti. Due to the City’s location and socio-
economics, in general there are often less than 6 incidents a year on average. The
City maintenance staff responds to any graffiti issues on public property and will
remove the graffiti with spray or liquid solvent solutions, and rags/brushes. The rags
are then disposed of in the waste containers in the corporation yard if necessary. The
city does not have any power washing equipment so any removal is done manually.
Since the city does not have a graffiti problem we do not have any private abatement
company contracts. In some incidents the graffiti will be painted over by maintenance
staff with a matching paint to the background. Graffiti on private property is handled
though the city’s code enforcement staff. This is a part time position that will notify
the property owner of the occurrence and require them to remove it or paint it out
usually within 2-10 days.

The City does not use copper based pesticides, organophosphate based pesticides or
diazinon in its maintenance activities. Both City maintenance supervisors and the full
time lead maintenance worker is herbicide/pesticide licensed and attends annual
continuing education seminars on herbicide/pesticide use and reduction. These
trainings also include information on stormwater BMP’s related to pesticide/herbicide
and fertilizer applications and IPM. (Maintenance staff policy is to avoid using
pesticides wherever and whenever possible). Due to lack of funds the city
maintenance staff does not use any pesticides on plants.

The majority of weed abatement is done by mechanical methods: predominately weed
whacking, disking and mowing/grass cycling. Minimal direct application (spot
spraying) with a pre-emergent is conducted in select areas (landscape median islands
and along edges of major foot trial) to weeds, two times annually during the dry
season in early summer and in fall, minimizing any potential for runoff to storm drains.

The City contracts out building pesticide services for its five public building areas
(Western Exterminator). The service is generally for ants. Minimal pesticide
application is used as needed to reduce ant intrusion into public buildings and
kitchens with non-organic phosphate products of ant bait and ant gels (See
Attachment T in FY 2001-02 Annual Report). The city also has contracted with
State Licensed trapper for abatement of wild pigs that biannually severally damage
city park areas. In addition the city periodically retains a Dept. of Agriculture certified
contractor for ground squirrel abatement which is limited to areas immediately around
city buildings and along the major improved trail. This effort is to reduce the
population and the damage the ground squirrels cause due to erosion from their
                                           20
tunnels and tripping hazards from their openings.


INSPECTION ACTIVITIES

The City contracts with the Central Contra Costa Sanitary District (CCCSD) for
inspections of Commercial areas as well as illicit and illegal discharges on a call out
basis. (The contact supervisor at Central Sans for the City of Clayton is Tim Potter at
tpotter@centralsan.dst.ca.us). The City renewed its agreement for these services In
April 2007 and it goes through June 30 2009 (See Attachment IN- 1). The goal of this
program is to reduce discharges from commercial and industrial facilities into the
municipal storm drain system. [Note: there is one NOI facility with a Clayton address,
Cemex Quarry (formerly RMC/Lodestar Quarry), which is not located within the City
Limits, it is in the unincorporated area of Contra Costa County. City staff has provided
and continues to have to provide this clarification to the Regional Board staff and the
County staff]. The City of Clayton has very few commercial businesses and no
industrial businesses. Commercial areas are limited to a few restaurants, a grocery
store center, a few retail/office businesses, a small neighborhood garden and pool
center retail store, and the post office. CCCSD staff performs annually six scheduled
facilities inspections and enforcement activities on the City's behalf. (See Attachment
IN - 2)

The City is predominately built out single family residential up scale community and
has about 24 commercial establishments that fall into categories for inspection and
monitoring (See Attachment IN – 5). Because of the small number of business and
that they are only retail, office and a few restaurants; no on-going problems have
been identified. Due to the City’s location and socio-economics, there are no multi-
language or language barrier issues in the City or with the very limited workforce or
employees at the very few businesses in town. Neither CCCSD nor City staff has
identified any language barrier issues for the commercial businesses. Staff assists
CCSD inspectors in updating applicable City business listings. A long range plan
through FY 08/09 has been established for commercial inspections with CCSD with
annual inspection goals (See Attachment IN – 6). Priority inspections are for
restaurants. During this reporting period there were eight (8) restaurants inspected
(including the City’s only fast food establishment – Carl’s Jr’s), plus one grocery store
that also sells prepared foods (Safeway). Several of these food service businesses
were re-inspections cycles, however issues were not encountered either previously or
now for most establishments. (See Attachment IN - 8). There was only one Warning
Notice Issued from these inspections this year (See Attachment IN – 9). There were
two Warning Notices issued last year. For any issued Warning Notice, follow-up
inspections will occur to ensure that the facility has complied with the notice, and staff
will ensure Central Sans inspectors issue fines (as they are fully authorized to so on
the City of Clayton’s behalf) if necessary, and/or the city will issue fines and/or take
other enforcement action necessary to ensure compliance is achieved and
maintained.



                                          21
Even with the increased number and frequency of inspections in FY 07-08, (especially
to restaurants), because of the small amount of businesses and average of six

inspections annually, it is difficult to determine overall effectiveness as there is not an
ability to obtain any meaningful trend analysis, either per specific business or
business type. As businesses change or leave over time with the infrequent
inspections provided it is difficult to obtain the “track record” of a sufficient quantity to
develop meaningful results. City of Clayton staff developed a matrix tracking of the 6-
year inspection plan, since FY 02/03 City of its Commercial Inspection report. Since
tracking began in 2002/03, this data shows that there has been only one NOV’s
issued and only 7 warning notices (to different businesses) issued with 49
inspections. This matrix includes updated listing of all businesses, inspection dates,
Warning Notices and/or NOV’s (See Attachment IN – 7).

During the targeted inspections there are informational and educational materials
provided to the business. Central Sans states that they provided on average 3
informational materials provide per each inspection visit. Based upon the total number
of 12 commercial inspections, 36 pieces of materials were provided this reporting year
to businesses. (See Attachment IN – 10). Although the City of Clayton has one
designated inspector from Central Sans, according to Central Sans there were 7 staff
that attended training in 4 different workshops, in addition to the Clean Water
Program’s May 8 workshop (See Attachment IN - 10.) According to city documents
and field inspections, by both City general field observations and CCCSD inspections
to commercial facilities, no illegal connections to the storm drain system exist or have
been identified. Based upon the City’s inspections of drains and catch basins, no
hazardous materials or effluent that would suggest an illicit discharge has ever been
found. There were no illicit connections or illegal discharges found during the year. In
addition to the on-site commercial inspections provided by Central Sans the City
maintenance staff conducts annual creek, inlet and v-ditch inspections as part of its
maintenance activities. (See discussion under Municipal Maintenance). To date,
no problems have been identified that would lead one to suspect any non-stormwater
discharges from the commercial areas into the storm drain or creeks. (i.e.: no greasy,
discolored or soapy water). During this reporting period, no complaints were called in
by any residents of any unusual discharges into creeks or drainage systems.

Sections of Chapter 1 of the Clayton Municipal Code identify designated enforcement
officers of the City of Clayton, including Sworn Peace Officers, Building Inspectors
and Code Enforcement Officers. It also identifies enforcement requirements and
penalties. Some enforcement can even be considered under local Nuisance
ordinances. The City also has code sections that address stop work orders, and forfeit
of bonds. (See Attachment U in FY 01-02 Annual Report). City Council Resolution
#6-97, reauthorized by Resolution #23-2000 also designates CCCSD officers as
authorized enforcement officers of the City of Clayton to issue Notices of Violation,
Warning Notices and Compliance Orders and to perform other such related tasks.
Site visits by CCCSD staff were continued this year to commercial establishments to
provide them with materials regarding Clean Water business BMP’s. During the
reporting period there were 12 commercial inspections performed by CCCSD staff,
(these were a 2 initial inspections and 7 re-inspections inspections, and 3 partial
                                            22
inspections). If there are issues CCSD inspectors will take appropriate follow up
actions,                     such                  as                      issuing

Warning Notices and Notices of Violations. There was only one Warning Notice
issued as mentioned above. It is expected that additional proactive business outreach
will continue next year. For next year the City staff and Central Sans will continue to
work to coordinate appropriate to update business listings and targeted businesses
and follow up actions relative to Warning Notices and NOV’s. This would include
establishing quicker follow up inspections, citations, fines. CCSD and city staff and or
Hazmat continue to be available to respond to any problems and follow appropriate
call out information flow sheet and telephone tree. No changes to the phone tree
were needed this year and it remains up to date (See Attachment IN - 11). During
the 2007-08 reporting period, there were no incidents that required any response by
HazMat either via an inspection or call out.

Only one unplanned non-stormwater discharges occurred during this reporting period,
from a break of a residential portable water line of the Contra Costa Water District on
November 9, 2007. Contra Costa Water District was called and immediately
responded to the scene. After securing the roadway which a small sink hole had
developed, and closing off the pipe valve, CCWD took measures to the extent
practical to minimize and neutralize water runoff into the drainage system and into the
creek. Approximately 11,000 gallons of potable water was discharged during this
emergency incident (See Attachment IN-13).

The contracted City Engineer administers plan review construction inspection for
erosion control, BMP’s and SWPPP’s, water, drainage and sewer improvements.
Sewer connections are contracted, reviewed, approved and inspected by the City of
Concord. During this reporting two commercial projects were constructed (begun last
year) two small infill single family residential projects constructed. One was a
rebuilding of a convenience market that was burned by fire a couple of years ago; the
other a new Longs’ Drugs store. The others are Pine Hollow Estates an 8 unit project
and the other Mitchell Creek Place a 9 unit project. All have undergone review and
inspections to ensure that all toilets, sinks, floor drains, etc are plumbed to the
sanitary system. On site inspections have also been undertaken to ensure of
compliance with codes. Other plan review and inspections related to site construction
are by contract through the County building department and building inspectors; and
health department and health inspectors (food related establishments).

ILLICIT DISCHARGE CONTROL ACTIVITIES

Due to the City’s location and socio-economics, illicit discharges have not been an
issue. The City is predominately built out single family residential up scale community
and has about 24 commercial establishments that fall into categories for inspection
and monitoring. The City has not found any illicit discharges nor had any problems
with illicit discharges.

The City contracts with Central Contra Costa Sanitary District for call out inspections
of illicit discharges as needed, and they also inspect for these as part of their contract
                                          23
with the City for commercial inspections.      According to city documents and field

inspections, by both City general field observations and CCCSD inspections to
commercial facilities, no illegal connections to the storm drain system exist or have
been identified. Based upon the City’s inspections of drains and catch basins, no
hazardous materials or effluent that would suggest an illicit discharge has ever been
found. There were no illicit connections or illegal discharges found during the year,
with the exception of the November 9, 2007accidental CCWD residential water line
break. There was one Notices of Violations issued by Central Sanitary District this
year, and one Warning Notices issued. For both appropriate follow-up actions and/or
inspections will by Central Sans to ensure that the business comply with the notice.
City staff will ensure Central San inspectors follow through as part of its coordination
oversight. If necessary the City will ask Central Sans to issue fines (as they are fully
authorized to so on the City of Clayton’s behalf); and/or the city will issue fines and/or
take other enforcement action necessary to ensure compliance is achieved and
maintained if necessary.

Central Sans, on behalf of the City, provided 39 informational and educational
materials to eight (8) businesses as part of its commercial inspection activities which
also looks for illicit discharge activities. The City had 4,000 newsletters mailed to
households and businesses which included education and information about proper
disposal of materials, illegal discharges/dumping (See Attachment ID – 5). The City
provided flyers at the City Hall and website links to local E-waste collection events on
the City’s website (See Attachment ID – 6). In addition the City’s recycling and
refuse hauler provided curbside collection (for a fee) of certain E-waste. The City’s
hauler reported that 90 lbs of E-waste hazardous material were collected curbside in
2007. This number is substantially lower from prior years as there are many free E-
waste collection events held throughout the year in the nearby area that Clayton
residents likely use. The City’s refuse/recycling hauler (Allied Waste) provided
updated brochures on correct disposal and recycling options that were direct mailed
to all Clayton residents and businesses, about 4000 mailings (See Attachment ID –
8a). The City’s hauler (Allied Waste) also updated their web site with similar
information (See Attachment ID-8b). This reporting period City staff continued
providing informational materials on the City’s Commercial and Demolition Recycling
Ordinance (See Attachment ID – 9). The City Council included a fee for the C&D
process that requires a $2000 minimum deposit for new or remodel construction
projects. In order to receive a refund of the deposit, receipts and other required
documentation must be returned to the City prior to final inspection. The deposit
amount creates and incentive to recycle and would not promote illegal dumping.

City maintenance staff monitors all storm drains, v-ditches and creeks. Pre-season
inspections are conducted along with ongoing periodic inspections. Maintenance staff
and public awareness of illegal discharges seem to be effective. Residents will
contact the City if they suspect a problem and maintenance staff are dispatched to
investigate immediately, or referred to Central Sans. City staff and other appropriate
responders have also has been informed of the protocol flow chart and phone tree.
Periodic staff training provides them with knowledge and skills necessary to conduct

                                          24
general field investigations. They stay abreast of BMP’s in watching for and controlling
pollutants form entering the storm drain system.

The highest potential of an illicit discharge is from accidental spills. Procedures or call
out protocol is well known in the City. The City maintenance staff is trained in
controlling accidental non-hazardous materials spills, and has spill-containing
materials in their trucks and in their building. Furthermore the City’s Emergency
Operations Plan designates Police as first responder (See Attachment Y in FY 01/02
Annual Report). Police and Fire Departments are also abreast of the clean water
issue and have access to spill containing materials. The City’s Police Department
sergeants are well trained in spill assessment, site containment, scene management
and hazmat response. There is a sergeant on duty at all times. The police training is
from POST and OES. (See Attachment Z in FY 01/02 Annual Report).

City Police and County Fire are designated first responders trained in spill
assessment and HazMat response. In addition the city receives Hazmat support from
the County Health Services Department. City maintenance staff are also available to
respond to non-hazardous spills. CCCSD staff performs scheduled facilities
inspections and enforcement activities on the City's behalf. Sections of Chapter 1 of
the Clayton Municipal Code identify designated enforcement officers of the City of
Clayton, including Sworn Peace Officers, Building Inspectors and Code Enforcement
Officers. It also identifies enforcement requirements and penalties. Some
enforcement can even be considered under local Nuisance ordinances. The City also
has code sections that address stop work orders, and forfeit of bonds. (See
Attachment U in FY 01/02 Annual Report). City Council Resolution #6-97,
reauthorized by Resolution #23-2000 also designates CCCSD officers as authorized
enforcement officers of the City of Clayton to issue Notices of Violation, Warning
Notices and Compliance Orders and to perform other such related tasks. (See
Attachment V in FY 01/02 Annual Report). The City Council adopted a stormwater
and discharge control ordinance, No. 379- November 16, 2004, which includes
requirements and enforcement provisions for non stormwater discharges.
Unfortunately if there was ever the need to cite under city codes, state laws limit the
amount of fines a city can issue to $100 for the first offense and $500 for the third
offense. Because amount are low and cumbersome to impose through the courts,
staff feels that it would no be effective or efficient to gain compliance in a timely
manner it would be appropriate and necessary, should the city ever be in a position
with a non-responsive enforcement action, for the City to contact Regional Board
and/or Fish and Game assistance, as the fining authority or penalties are greater with
these agencies which may more better gain cooperation in a faster manner.

The City contracts with Central Contra Costa Sanitary District for call out inspections
of illicit discharges as needed, and they also inspect for these as part of their contract
with the City for commercial inspections. According to city documents and field
inspections, by both City general field observations and CCCSD inspections to
commercial facilities, no illegal connections to the storm drain system exist or have
been identified. Based upon the City’s inspections of drains and catch basins, no
hazardous materials or effluent that would suggest an illicit discharge has ever been
found. There were no illicit connections or illegal discharges found during the year,
                                           25
with the exception of the November 9, 2007accidental CCWD residential water line


break. There was one Notices of Violations issued by Central Sanitary District this
year, and one Warning Notices issued. For both appropriate follow-up actions and/or
inspections will by Central Sans to ensure that the business comply with the notice.
City staff will ensure Central San inspectors follow through as part of its coordination
oversight. If necessary the City will ask Central Sans to issue fines (as they are fully
authorized to so on the City of Clayton’s behalf); and/or the city will issue fines and/or
take other enforcement action necessary to ensure compliance is achieved and
maintained if necessary.

In 04/05 all drainage inlets were thermoplastic stenciled “No Dumping Drains To
Creek”. The city is built out and there isn’t currently an immediate need or sufficient
funds to invest in new software for drainage mapping. Our field evaluation had
determined that the basic mapping, which includes the drainage inlet inventory that
we have, seems adequate for maintenance and engineering purposes and has not
posed any problems. There are no illegal connections to storm drain system. City
maintenance staff conducts annual creek, inlet and v-ditch inspections as part of its
maintenance activities. (See discussion under Municipal Maintenance). To date no
problems, i.e.: illicit or illegal discharges or connections have been identified.

Only one unplanned non-stormwater discharges occurred during this reporting period,
from a break of a residential portable water line of the Contra Costa Water District on
November 9, 2007. Contra Costa Water District was called and immediately
responded to the scene. After securing the roadway which a small sink hole had
developed, and closing off the pipe valve, CCWD took measures to the extent
practical to minimize and neutralize water runoff into the drainage system and into the
creek. Approximately 11,000 gallons of potable water was discharged from this
emergency incident (See Attachment ID-15).

MODIFICATIONS

The City is in compliance with its Regional Board approved modifications. (See
Attachment 23 in FY 03/04 Annual Report).

MUNI #92 (General BMPs for Municipal Maintenance Facilities), #97 (Washing
Vehicles/Equipment): The plans for the expansion and re-configuration of the City
corp. yard are completed. (See Attachment MM- 7 in FY 04/05 Annual Report)
(The City submitted a modification of this performance standard to the Regional
Board --Attachment 23 in FY 03/04 Annual Report). The SWPP was to be prepared
after completion of the maintenance yard expansion and re-configuration, which just
occurred in the end of FY 05/06. The draft is a working usable document however will
be refined and finalized prior to June 2009 (See Attachment MM – 15 in FY 06/07
Annual Report). The SWPPP includes the two measures (wash rack with recycling
water; and bio-engineered swale for drainage) to be qualitatively evaluated through
visual inspections to determine effectiveness. Because these measures are still fairly

                                          26
new with limited usage the effectiveness has not been able to be determined at this
time.




                                       27
There is only one designated City staff member who can regularly attend and
participate in both the Clean Water Program Management Committee and the New
Development Controls Committee. This staff person serves as the Assistant to the
City Manager whose duties to this program are only partial as other responsibilities
include Solid Waste and Recycling, Franchise Agreement management, risk
management, recreation/special events coordinator and newsletter editor. A request
for permanent modification to this performance standard (NDCC #26) was made and
approved by the Regional Board (See Attachment 23 of FY 03/04 Annual Report).




                                        28