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HomeMy WebLinkAboutMINUTES - 06221999 - D3 ...:dY. y` Contra TO: Board of Supervisors ��.�--� ` Costa . t,t nty FROM: Dennis M. Barry, AICP Community Development Director DATE: June 22, 1999 SUBJECT: REPORT ON EXECUTION OF A JOINT POWERS AGREEMENT, A LOCAL COOPERATION AGREEMENT AMENDMENT AND A JOINT ASSESSMENT DISTRICT (AND DELATED ACTIONS) WITH THE STOCKTON PORT DISTRICT FOR LOCAL COST SHARING FOR MAINTENANCE DREDGING ANIS DISPOSAL ACTIVITIES FOR SUISUN AND NEW YORK SLOUGH CHANNELS IN EAST CONTRA COSTA COUNTY, CALIFORNIA SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND & JUSTIFICATION RECOMMENDATIONS 1 . AUTHORIZE the Chair of the Board of Supervisors, as the governing Board of the Contra Costa County Water Agency, to sign an agreement between the Contra Costa County Water Agency and the Stockton Port District for the Joint Exercise of Power (Attachment #1), for the operation and maintenance of the Suisun Bay and New York Slough channel segr"::ents of the San Francisco to Stockton, California Navigation Project. 2. AUTHORIZE the Chair of the Board of Supervisors to sign, on behalf of the Contra Costa County Water Agency, Amendment #1 to the Local Cooperation Agreement (Attachment, #2) among the Army Corps of Engineers, the Contra Costa County Water Agency and the Stockton Fort District, for Local Cooperation (for maintenance dredging and disposal purposes) of the Suisun Bay Channel; and New Mork Slough segments of the San Francisco to Stockton, California Navigation Project. CONTINUED ON ATTACHMENT- X 'YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE fr — APPROVE OTHER SIGNATURE(S)-, ACTION OF BOARD ON Z 4 <, ° °APPROVED AS RECOMMENDED X O— VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES, NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN; MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Roberta Goulart, CDD (335.1225) AT°T'EST'EC3��}_� Crig: Community Development Department PML BATCHELOR, 'CLERK OF cc. County Counsel THE BOARD OF SUPERVISORS Auditor/Controller , AND COUNTY ADMINISTRATOR EPUTY REPORT ON S ISUN, NEW YORK SLOUGH ASSESSMENT DISTRICT, RELATED ACTIONS .eine 22, 1999 Page 2 s. ADOPT RESOLUTION DECLARING 'INTENTION to form a joint Maintenance Assessment District designated as the San Francisco to Stockton, Califon°}i ( € ; Bay and New pork Slough Channel) Maintenance Assessment District 99-1 as set forth in the attached Statement of Intention (Attachment S). The Stockton Fort District is concurrently in separate proceedings declaring its intention to farm a maintenance assessment district for this purpose. 4. APPROVE the preliminary Engineers Report for a special Maintenance Assessment District (Attachment 4), designated as the "San Francisco Bay to Stockton, California (Suisun Bay Channel and New York Slough Channel) Maintenance Assessment District 99-1." SET a date of 9:00 am, August 11, 1999, Room 198, County Administration Building for a public meeting to discuss the Assessment. FIX a public Nearing date of September 14, 1999 at 9.09 am to allow public testimony to the Board regarding the Assessment and for the Board to consider confirming the Assessment. ACCEPT Notices of public Dearing, public Meeting and Ballot (Attachment 5). DIRECT the Community Development Director or his designee to mail notices as set forth in California Government Code Section 549504.6 (c)(2). 5. DETERMINE that actions 1 through 4 described above are exempt from the California Environmental Quality Act (pursuant to CEQA Guidelines Sections 15061(b)(3) and 105504(g)), and DIRECT" the Community Development Director or his designee to file a Notice of Exemption with the County Clerk's Office. E1 CAL IMEACT The County Water Agency has expended approximately $90,000 in consultant and staff costs in preparation of the maintenance district and related documents, Approval of the above-mentioned actions will allow the County Water Agency to recoup these costs from the Assessment District Maintenance Fund. REASON P3 On January 19, 1999, the Board of Supervisors authorized Dater Agency Staff, the County's consultants and County Counsel to proceed with negotiations and preliminary work on the proposed establishment of a cooperative process with the Stockton Port District to: 1) formulate a final draft joint Powers ,Agreement for consideration and approval by the County and/or the County Water Agency to provide for the subject Project's impiementation, 21 develop a finial draft amendment to the existing Local Cooperation Agreement between the Bort and the Corps, and add the County and/or Water agency as a local cost sharing partner for the project, (with the understanding that in the event the County was unwilling or unable to perform its obligations, the Port would reassume full responsibility as local sponsor for the project), and S) to proceed with the preparation of documents and scheduling of hearings for consideration of formation of an assessment district to fund local costs of dredging and disposal of sediment from the Suisun and New York Slough channel reaches of the project, and authorized 'Mater Agency funds and consultant work on the above-mentioned tasks. A schedule for the concurrent approval process by the County Board of Supervisors and the Stockton Fort District was reviewed and generally accepted by the Board. Before a cooperative, joint process between the County and the Stockton Port District could be achieved, these tasks needed to be completed. In the fall of 1992, the Fort of Stockton was in the process of establishment of an assessment district to enable the Part to assess industry within the Stockton area as REPORT ON SUISU , NEW YORK SLOUCH ASSESSMENT DISTRICT, RELATED ACTIONS Jura 22, 11999 Rage S well as industry located in east county for casts associated with channel dredging and particularly, disposal activities. At that time, east county industry requested County involvement, citing discomfort with the Port handling assessment activities, and requested the County to consider taking over local sponsorship of ship channel dredging and disposal for the two channel reaches within east county, The industry beneficiaries of channel deepening and maintenance, including Dow, Domtar, PG&E, USS Posco, Gaylord, Tosco, and Wickland preferred County involvement, as they would have more of a voice in the assessment, how monies would be spent, and they preferred for these actions to occur locally, The Board of Supervisors on December 15, 1992, declared its intent to assume local sponsorship responsibility with the condition that local industry would assume legal responsibility for any project local costs. As a result, the Port indicated it would suspend the assessment district formation process for six months to allow the County time to obtain industry's legal commitment to assume local sponsorship. An amendment to the existing 1952 Local Cooperation Agreement between the Dort and the Array Corps of Engineers ("Amendment") was drafted to add the County as a local sponsor, but could not be approved by the %County unless industry provided a cast pass-through (financial reimbursement and indemnity) agreement. A number of years of negotiation ensued concerning the terms of such an agreement, and on June 1, 1995, the industry group's legal representative informed the Board's Water Committee they would not agree to sign this agreement, due to a clause calling for "'joint and several flability" among the members of the industry group ("Industry"), Because so much time and effort had been spent by County staff and Counsel in this effort, the Board's Water Committee, (which has received regular reports over the years on this issue) took the position that Industry should sign the agreement, or provide another acceptable agreement in its place within a prescribed period of time. Industry did not, and to date Industry has not provided anything further in this regard. Staff conversations with Industry and Industry's legal representatives have indicated that no agreement was reached among members of the industry group on this issue (apparently, industry meetings were primarily focused on the relative percentages they would pay, rather than ;he mechanism by which they would pay it). As slat years had elapsed, and the Amendment allowing the County to became local sponsor could not be approved in the absence of aro adequate industry commitment for financial reimbursement, the Port of Stockton; expressed a desire that the project be completed in some other manner. In addition, a dredging and disposal event for Suisun Channel was scheduled to occur in spring 1998, and it became necessary to find an upland site to dispose of dredged materials. The Fort of Stockton communicated their desire not to participate as local sponsor, as the Fort perceived this as the County's responsibility (although the County had no legal responsibility to participate, as the Port, not the County, was local sponsor). County staff, after direction from the Sward, negotiated aro agreement with Winter Island Farms, to dispose of 150,000 cubic yards of sediment on Winter Island, for levee rehabilitation purposes, with the ability to dispose of additional material to the Island during the 1999/2000 dredging episode. Industry provided $45,000 to cost share with the Winter Island Reclamation District for costs incurred during and after this dredge disposal episode. Due to the lade of resolution of the Local Sponsorship issue over the past six years, and Industry's inaction, cora August 27, 1995, Supervisor doe Canclamilla and County Water Agency staff met with the Port of Stockton representatives on how best to proceed with the local sponsorship issue. It was determined that, because of a provision included in the Amendment, the County or Water Agency could become a co-sponsor to allow for a federal government cost-share for upland disposal. It was also agreed that the Amendment should provide that if the County became unable or unwilling to perform the role of local sponsor, the fart of Stockton would reassume _I REPORT ON UISUN, NEW YORK SLOUGH ASSESSMENT DIST'RICT, RELATED ACTIONS June 22, 1999 Page 4 all responsibility for local sponsorship, It was determined at that time to proceed with further consideration of a cooperative assessment district process with the County and the Port to allow for the local sponsor's casts to be covered by the levy of Racal assessments (rather that continuing to try for a voluntary but legally binding financial indemnity agreement from; Industry). A Joint Powers Agreement ("JPA") was discussed as the best method to Initiate a joint assessment process, and it was determined at this meeting to review the two earlier and quite old JPA's between the Port and County for amendment (or to draft a new ore). After review of a number of options, a Joint local assessment process was proposed as the method to address the financial cost pass-through in a timely, mandatory and legally sufficient manner. A follow-up meeting was also conducted, and the joint consultant contractors were directed to proceed with a proposed time-line and estimated costs to tape to the respective Boards at the County and the Port for a decision on proceeding further with this process, resulting in the above-mentioned January 19, 1999 Board actions initiating worm on the JPA, Assessment and related documents. Staff has reviewed the California Environmental Quality Act (CEMA) for applicability, and finds that it can be seen with certainty that the above-mentioned agreements and the assessment funding mechanism have no significant Impacts under GEQA, in accordance with CEQA Guideline Section 150:61 (b)(3). In addition, options considered as part of under lying activities (maintenance dredging and disposal) are exempt under GEG.A Guideline section 15304(g), where, as here, applicable state and federal regulatory agencies authorize the work. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,NTY, CALIFORNIA Acting as the Board of Directors, Contra Costa County Water Agency Adopted this Order on June 22, 1999 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER. AND CANCIAMILLA NOES: NONE ABSENT.- NONE ABSTAIN: NONE RESOLUTION NO. 991314 DECLARATION OF INTENTTDN TO FORM MAINTENANCE ASSESSMENT DISTRICT DESIGNATED SAN FRANCISCO BAS'TO STOCKTON, CALIFORNIA (SUISUN BAS' CHANNEL,AND NEW YORK SLOUCH CHANNEL)'l�IAINNITENANCE ASSESSNIENT DISTRICT 1999-1, CONTRA COSTA COUNTY WATER.AGENCY ANIS STOCKTON PORT DISTRICT UNDER JOINT EXERCISE OF POWERS AGREENIE.NT, CDLNTY OF CONTRA COSTA, STATE OF CALIFORNIA AREAS, the Board of Directors of the Contra Costa.County Water Agency(the "Agency") a special.district, and the Board of Commissioners of the Stockton Port District(the "District"), a port district, (anal collectively referred to as the"Parties)have authorized the execution of a Joint Exercise of Powers Agreement (the"Agreement")under Chapter 5 of Division 7 of Title I of the Government Code of the State of California(commencing with Section 6500 and following)(the"Joint Powers Law"), and Section 1240.140 of the Code of Civil Procedure, for the purpose of jointly establishing a maintenance assessment district for the Suisun Bay Channel and New York Slough.Channel of the San.Francisco Bay to Stockton, California Federal navigation project; WHEREAS under that Agreement the Parties may jointly exercise any power common to the contracting parties; AREAS, the Agency and the District have authorized the execution of Amendment Number 1 ("Amendment Number I")to the Agreement Between the United States of America and the Stockton Port District for Local Cooperation on the San Francisco Bay to Stockton, California(John.F. Baldwin and Stockton.Ship Channels)Project, Avon To.Stockton.(the "Projecf") (the"Local Cooperation Agreement") as of May 6, 1982 to provide the non-Federal cooperation required by Congress as a condition of construction by the United States Army Corps of Engineers ("USACE") as authorized in the River and Harbor Act of 1965 (Public Law 89-298); AREAS, the Project as the last navigation improvement project constructed in the State of California at 100%Federal cost and expense, and no required local contribution by the non-Federal sponsor and private beneficiaries is required except as provided in the Agreement; I WHEREAS, under Amendment Number 1, the Agency assumes shared responsibility with the District for providing those items of required local cooperation for the Suisun Bay Channel and the New Fork Slough Channel segments of the Project, and as Joint Local Sponsor is eligible to cost share with the United States Government in the cost of construction of dredged material disposal facilities under Section.201 of the Water Resources Development Act of 1996 (Public Law 104-303) ("MDA 1996"), WHEREAS, under the Local Cooperation Agreement and applicable Federal lave, the Federal Government pays 100% of the cost of actual dredging and the non-Federal sponsor pays 100% of the cost of providing upland dredged.material disposal areas, and both share in the cost of related improvements to disposal areas in the ratio of 65%Federal and 35%non-Federal expenditures; WHEREAS, without the Agency serving as Local Sponsor for those segments of the Project, the Federal Government has indicated it will not pay the cost of project maintenance estimated to be $5,135,000 per year for the 150,000 cubic yards for the Suisun Bay Channel, and 100,000 cubic yards per year for the New Fork Slough Channel segments of the Project; WHEREAS, under the Local Cooperation Agreement the primary local responsibility is to provide and maintain upland disposal areas, and related improvements for dredged material disposal and beneficial reuse; WHEREAS, without continuous channel maintenance, dangerous and unpredictable shoaling may occur causing vessel delays, groundings, and collisions, and posing a threat to life and property, health, safety and welfare, and economic dislocation in the surrounding areas served by the Project; AREAS, owners and users of contiguous waterfront property located both adjacent or in proximity to, and upstream of, the Project specially benefit from the maintenance of the project by the actual or potential access or use of the Project reflected in the economic value and benefit of riparian ownership, access, or use of waterfront parcels for transportation and waterborne commerce; WHEREAS, establishment of a.maintenance assessment district is a fair and equitable manner of apportioning the costs of continued channel maintenance, and related improvements, among private beneficiaries specially benefiting from maintenance of the navigable Federal channels; WHEREAS, the Board of Directors of the Agency is considering the formation of an assessment district jointly with the District, under Section 6365 of the Harbors and Navigation Code of the State of California and the Municipal Improvement Act of 1911 (the "1911 Act") (Chapter 26 of Part 3 of Division 7 (commencing with Section 5820) of the California Streets and Highways Code, for the purpose of ordering that the costs and expenses of operation and m,-intenance of the Project and related improvements (consisting generally of providing upland disposal sites as a condition of continued operation and maintenance of channel improvements previously constructed by the Federal Government at 100%Federal expense) $hall be assessed upon the real property lying within the proposed district to be benefited by the operation and maintenance of the Project and related improvements; 2 WHEREAS, the Board desires to declare its intention to order the operation and maintenance of hose improvements, to declare the work to be of more than local or ordinary benefit, to describe the lands to be specially assessed to pay the costs and expenses of maintaining the Project and related improvements, and that the amounts so assessed to be levied and collected in the same manner and by the same officers as taxes for county purposes are levied and collected; W,HERBAAS, the lands to be specially assessed for the operation and maintenance of channel improvements shall be included within a maintenance assessment district hereinafter designated; WHEREAS, under Section 5872 of the Streets and Highways Code and subsection (i) of Section 6365, the Special Assessment Investigation, Limitation and Majority Protest Acct of 1931, Division 4 (commencing with Section 2800) of the California Streets and Highways Code) is not applicable to these proceedings; and WHEREAS, there has been prepared and presented to this meeting a map of the proposed boundaries of the maintenance assessment district (the "Boundary Map of Maintenance Assessment District 1999-1") showing the boundaries of the area proposed to be assessed for the maintenance of the Project and related improvements; NOW, THEREFORE, BE IT RESOLVER by the Board of Directors of the Contra Costa County Water Agency, as follows: SECTION 1. The office of the Clerk of the Board of Supervisors, and the County Recorder, are designated as the place for recordation of the assessment roll and diagram which shall be kept as a permanent record of the maintenance assessment district. SECTION 2. The public interest and convenience, and health, safety and welfare require, and it is the intention of the Board, pursuant to the provisions of Section 6365 of the Harbors and:Navigation Code and the 1911 Act, to order the costs and expenses of operating and maintaining items of required local contribution under the Local Cooperation Agreement, and related improvements, in a maintenance assessment district (the "Maintenance Assessment District"), and the District is concurrently in separate proceedings declaring its intention to form a maintenance assessment district for the sane purpose, designated as: SAWN FRANCISCO BAY TO STCCKTC N, CALIFORNIA, (SUISU N BAY CHANNEL A_N- TD NTT YORK SLOUGH CHANNEL) AND NEW YORK SLOUGH CHAN EL) MAINTENANCE ASSESSMENT DISTRICT 1999-1" SECTION 3. The certain operation and maintenance costs and expenses (the "operation and maintenance costs and expenses")to be paid with the proceeds of the assessments levied under these proceedings, those amounts so assessed to be levied and collected in the same manner and by the same officers as taxes for county purposes are levied collected, are generally described as follows: 3 I SUMNLARY COST ESTIMATE As preliminarily As confirmed and approved recorded or as modified after recording Total east of operations and maintenance of general navigation features of Project for five years @ $5,135,000/year (100%Federal contribution) $5,675,000 $ Cost of use ofupland disposal site Acquisition(100%Local contribution) @ $30,000/year for first two years $60,000 $ Cost of use of permanent upland site Improvements(35%Local contribution =$700,000 per year for last three years) $700,000 $ Cost of use of permanent upland site Improvements (65% Federal contribution $1,300,000 per year for last three years) $3,900,000 $ Administrative costs ($25,000/year) for five years $125,000 $ One time Project Cooperation Agreement (PCA) Amendment to acknowledge upland site use $20,000 $ Past assessment district expenses $250,000 $ Total operation and maintenance (0 &M) costs Subject to assessment for five years $32,130,000 $ Subtotal of casts allocated to Federal Government Parcels (deducted from total 0 & M costs) subject to assessment or offset for five years $29,575,000 $ Subtotal of costs allocated to non-Federal parcels for Assessment or offset for five years $2,555,000 $ Contingency to assessment costs $311,000 $ Balance of assessment or offset apportioned among non-Federal parcels $2,866,000 $ 4 I SECTION 4. Those operations and maintenance costs and expenses are of direct and special benefit to the properties and land within the Assessment District, and the Board hereby declares its intention to make the operations and maintenance costs and expenses chargeable upon those properties, which properties the Board intends to declare to constitute the Maintenance Assessment District benefited by those operations and maintenance costs and expenses, and to be assessed to pay the costs and expenses of the Maintenance Assessment District, including incidental costs and expenses, described as follows: All that certain territory included within the exterior boundary lines shown on the Boundary Map of Maintenance Assessment District 1999-1 exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said Improvements in the Maintenance Assessment District on file with the Clerk of the Board of Supervisors, and the County Recorder, excepting therefrom the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and those easements and rights-of-way therein contained dedicated to the public. For all particulars as to the boundaries of the Assessment District, refer to the Boundary Map of Maintenance Assessment District 1999-1. SECTION 5. The Boundary Map of Maintenance Assessment District 1999-1 is hereby approved and adopted.. SECTION 6. The original Boundary Map of Maintenance Assessment District 1999-1, and one copy thereof, shall be filed in the Office of the Clerk of the Board of Supervisors. SECTION 7. The Boundary Map of Maintenance Assessment District 1999-1 shall govern_for all details as to the extent of the Maintenance Assessment District. SECTION 8. The Secretary of the Board of Directors shall endorse on the original and at least one copy of the Boundary Map of Maintenance Assessment District 1999-1 the Clerk's certificate evidencing the date and adoption of this Resolution of Intention (the "Resolution of Intention"). SECTION 9. Under Section 3111 of the California Streets and Highways Code, the Secretary of the Board of Directors is directed to file a copy of the Boundary Map of Maintenance Assessment District 1999-1 in the Office of the County Recorder of the County of Contra Costa within fifteen (15) days of the adoption of the resolution fixing the time and place of hearing on the formation and extent of the Assessment District, The Boundary Map Maintenance Assessment District 1999-1 shall be in the form prescribed in Section 3110 of the California Streets and Highways Code. SECTION' 10. Under Sections 5130, 5341-43, and 5830 of the 1911 Act, the Board hereby refers the proposed operations and maintenance and related improvements to the firm. of Michael H. Cheney, P.E. (the "Assessment Engineer"), and directs the engineer to make and file a written report substantially in the form described in Section 10204 of the Municipal Improvement Act of 1913 (Division 12 (commencing with Section. 10000) of the Streets and Highways Code (the"1913 Act") (the"Preliminary Engineer's Report"), including the following. 5 (1)Plans and specifications of the proposed operations and maintenance to be conducted and related improvements which have not been already installed and which are to be acquired. The plans and specifications need not be detailed and are sufficient if they show or describe the general nature, location and extent of the improvements. The plans and specifications may be prepared as separate documents, or either, or both, may be incorporated in the report as a combined document. (2) A description of the proposed works and appliances already installed and any other property necessary or convenient for the operation and maintenance of the improvement to be conducted under these proceedings. (3)The Assessment Engineer's analysis of the cost of the proposed operation and maintenance to be conducted, and of the cost of lands, rights-of-way, easements and incidental expenses as enumerated in said report in connection therewith. (4) A diagram showing, as they existed at the time of the passage of this Resolution of Intention., all of the following: (a) The exterior boundaries of the Maintenance Assessment District; (b) The boundaries of any zones within the Maintenance Assessment District; (c) The lines and dimensions of each parcel or subdivision of land within the Maintenance Assessment District. Each subdivision shall be given a separate number upon said diagram.. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels. (5)A.proposed assessment of the total amount of the cost and expenses of the proposed operations and maintenance upon the several subdivisions of land in the Assessment District in proportion to the estimated special benefits to be received by each subdivision, respectively from the operation and maintenance, including, but not limited to environmental impact reports, feasibility studies, engineering plans, costs estimates and legal expenses., and administrative expenses upon the several subdivisions of land in the Maintenance Assessment District in proportion to the estimated benefits to be received by each such subdivision, respectively, from the operations and maintenance. The assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof. SECTION 11. If any excess shall be realized from the assessment after the construction and acquisition of the Improvements and payment or provision for the payment of all costs and expenses in connection with the Assessment District, such excess shall be used, in such amounts as this Board may determine under the Agreement. SECTION, 12. The Board hereby establishes a special fond designated the John F. Baldwin (Avon to New York Slough) Maintenance Fund into which moneys may be transferred at any time to expedite the operation and maintenance of the Project and related improvements may be deposited and costs and expenses paid. 6 SECTION 13. The Board finds and determines by clear and convincing evidence that all public /property in the use and performance of a public function does not benefit from the operation and maintenance of the Project and related improvements and shall be emitted From assessment it these proceedings unless expressly provided and listed herein, SECTION' 14. The public Merest, convenience and necessity may require that certain land, rights-of-way or easements be obtained in order to allow the operation and maintenance of the Project and related improvements to be undertaken under the Agreement. SECTION 15. Under Struts and Highways Code Section 5660, any legal challenge to the proceedings or to the assessment (including without limitation any challenge pursuant to Article XIIIID) must be brought within 30 days of the confirmation of the assessment, and thereafter, the assessment will be incontestable. SECTION 16. This resolution shall take effect immediately upon its adoption, 7 CERTIFICATE OF RECORDING OFFICER. The undersigned, duly qualiffied and acting Secretary of the Board of Directors of the Contra Costa County Mater Agency, do hereby certify: That the foregoing and attached Resolution is a true and correct copy of Resolution No. 99-314 entitled: A_RESOLUTION OF THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY WATER AGENCY DECLARIING ITS INTENTION TO FORM A MAINZ TENARICE ASSESSIIENTT DISTRICT DESIGNATED SAKI FRANCISCO BAY TO STOCKTON, CALIFORNIA (SUISUN BAY CHANNEL AND NEW YORK SLOUGH CHANNEL) MAINTEINANCE ASSESSTMIE'_�ST DISTRICT 1399-1, CONTRA COSTA COU TY WATER AGENCYAND STOCKTON PORT DISTRICT UNDER JOINT EXERCISE OF POWERS ACREEINMINT, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA as regularly adopted at a legally convened meeting of the Board of Directors of the Contra Costa County Water Agency, duly held on the 22nd day of June, 1999; and, farther, that such Resolution has been fully recorded in the Journal of Proceedings and Records in any office, and said Resolution is in full force and effect. IN WITLESS WHEREOF, I have hereunto set my hand this 2J4 th day of , 1999. Phil Batchelor, Secretary, Board of Directors Contra.Costa County Water Agency v o:21199=cauey.dac 8 ATTACHMENT t AN AGREEMENT BETWEEN THE STOCKTON PORT DISTRICT AND THE CONTRA COSTA MATER AGENCY FOR THE JOINT EXERCISE OF POWER FOR OPERATION AND MAINTENANCE OF SUISUN'BAS'ANT NEW'YORK SLOUGH SEGMENTS THIS AGREEMENT is entered into the ' day of , 1999,between the Stockton Port District, a port district,(referred to herein as"DISTRICT")and the Contra Costa Water Agency,a special district(referred to herein as "WATER AGENCY"),(and collectively referred to as the"PARTIES")pursuant to the joint exercise of powers provisions of California Clovemment Code sections 6500-6522 and the California Code of Civil Procedure Section 1240.140. REQUALS 1. On or about March 10, 1970,the Board of Supervisors of Contra Costa County ("County"),and the Board of Commissioners of the DISTRICT authorized the execution of a Joint Powers Agreement to provide local non-federal support for the construction of the San Francisco Bay to Stockton,California(John Fe Baldwin and Stockton Ship Channels)Project, Avon to Stockton(the"Original Project"),which agreement was amended as of May 1, 1980, and has not been further modified, rescinded,or terminated. 2. The DISTRICT,as Local Sponsor,entered into an Agreement Between the United States ofAmerica ("Government")and the DISTRICT for Local Cooperation on the Original Project (the"Local Cooperation Agreement")as of May 6, 1982,to provide the non-federal cooperation required by Congress as a condition of construction by the United States Army Corps of Engineers("USACE") authorized in the River and harbor Act of 1965 (Public Law 59-298). 3. Among the elements of non-federal cooperation required to be provided by the Local Sponsor in the Local Cooperation Agreement for the Suisin Bay and the Nene York Slough Segments of the Original Project relating to operation and maintenance are to. (a) provide suitable areas determined by the USACE Chief of Engineers to be required in the general public interest for initial and subsequent disposal of dredged material ("upland disposal sites"), including all necessary dredged material retention dikes,bulkheads, and embankments,or the cast of such retaining works; (b) hold and save the Government free from damages to wharves,bridge piers,and other marine and submarine structures, and agricultural lands due to initial dredging work and subsequent maintenance dredging, and due to deposition of dredged material, except damages due to the fault or negligence of the Government or its contractors; and (c)provide and maintain without cost to the Government all necessary berthing areas, at depths commensurate with project depths, at all terminals and wharves to be served by the 1 deepened channels (local service facilities). 4. Construction of the Original Project was completed in 1958 with the DISTRICT" having provided the required items of local cooperation during the period of construction. 5. Periodic maintenance dredging of the Suisin Bay and New'Fork Slough Segments of the Original Project is necessary to promote and protect the public health,safety and welfare, alleviate unpredictable and episodic shoaling conditions which,if emergency maintenance dredging does not occur,may interrupt navigation and use of the Original Project, adversely affect marine safety, and result in collisions and groundings posing imminent hazard to life and property on board vessels navigating the Original Project,and to owners of real property and facilities located adjacent to the channels, and residents of Contra Costa County. d. Periodic maintenance dredging of the Suisin Bay and New Fork Slough Segments of the Original Project is of direct benefit to vessels navigating the Suisin Bay and New York Slough Segments and Stockton Ship Channel, and to facilities located on the Suisin Bay and New Fork Slough Segment's and the Stockton Ship Channel upstream of the Suisin Bay and New York Slough Segments of the Original Project. 7. Upon the basis of a Bay Area Conservation and Development Commission Federal consistency determination,the USAGE,under the Local Cooperation Agreement,has required the DISTRICT to provide upland disposal sates as a condition of periodic maintenance dredging of both the Suisin Bay and New York Slough Segments of the Original Project,and the DISTRICT advises that it has encountered increasing difficulty in meeting those obligations, without additional financial and operational assistance. g. In order to share the cost of identifying and providing upland disposal sites among owners and operators of private terminals and vessels calling at those facilities located on both the Suisin Bay and New York Slough Segments and Stockton Ship Channelelements of the Original Project, on October 15, 1977, the DISTRICT adopted Item 74 Harbor or Channel Usage Charge under its General Tariff Number 1 applicable to all vessels using either the Suisin Bay and New Fork Slough Segments or the Stockton Ship Channel elements of the Original Project. 9. DISTRICT advises that owners and operators of vessels calling at facilities located can the Stockton Ship Channel element of the Original Project have generally complied with the Tariff, while owners and operators of vessels calling at facilities located on the Suisin Bay and New York Slough Segments have not. 10. On June 22, 1992,the DISTRICT initiated proceedings under Section 6365 of the Harbors and Navigation Code declaring its intention to establish the Jahn F. Baldwin (Avon to New Fork Slough) and Stockton Ship Channels Maintenance Assessment District for the levy of a benefit assessment on owners of real property fronting,or otherwise benefitting from the operation and maintenance of the Original Project. 2 1 l. Upon the representation on behalf of certain of the owners of real property and facilities located in Contra Costa County(the"industry group")made jointly to the Board of Commissioners of the DISTRICT and members of the County Board of Supervisors in an appearance before the Board of Commissioners seeking to substitute similar or equivalent proceedings before the County Board of Supervisors,on or before September 14, 1992,the Board of Commissioners suspended further proceedings under the Resolution of Intention without prejudice. 12. As evidence of that representation, on November 17, 1992,certain owners of real property subject to the proposed Maintenance District expressly committed in writing to then. County Supervisors Sunne McPeak and Tom Torlakson to provide financial support and to financially indemnify the County for expenditures in providing elements ofrequired local contribution on the condition that it assume local responsibility under the Local Cooperation Agreement for the Suisin Bay and New York Slough Segments of the Original Project(the "1992 commitment letter"). 13. belying on that representation by the industry group, in 1992,a'request was initiated to the USAGE on behalf of the County and the DISTRICT to enter into an amendment to the Local Cooperation Agreement. That amendment was not made or executed but has now been revised and modified and is designated as Amendment Number One to the Local Cooperation Agreement(the"Amendment"). Said Amendment is incorporated herein by reference and made a part hereof. 14. Execution of the Amendment is necessary in order that the WA"T"ER AGENCY may share Joint Local Sponsorship responsibility with the DISTRICT for providing these items of local cooperation for the Suisin Bay and New fork.Slough Segments,and to cost-share with the Government in the cost of upland disposal of dredged material under Section 201 of the Water Resources Development Act of 1996 (Public Law 104-303) ("WRDA 1996"). 15. Under the terms of the Amendment, if the WATER AGENCY is unwilling or taxable to perform or participate as Joint Local Sponsor,the 'NATER AGENCY will automatically cease to have any obligation to perforin or participate as a local sponsor,joint or otherwise, and all obligation and responsibility for performing the acts and duties of local Sponsorship shall revert automatically stalely to the DISTRICT by operation of law. It is the intent of the PARTIES that if the WATER AGENCY ceases to perform or participate as Joint Local Sponsor, that the WATER AGENCY will have no ditties or responsibilities to perform under this Agreement. 16. In 1998,the industry group advanced the amount of$45,000 in order to permit the DISTRICT to enter into a Conveyance of Temporary Work Easement in (.Dross For Operation and Maintenance of Federal Navigation Project with `inter Island Farms, A California General Partnership (the"Easement Agreement) in order to provide a required upland disposal site to permit necessary maintenance dredging to proceed,and to obtain aro option to use the site for future maintenance dredging disposal requirements and in anticipation of shared local 3 sponsorship with the WATER AGENCY. 17. The WATER AGENCY and the DISTRICT may in common, and jointly or severally,to the extent allowed by law,exercise their respective authority under Sectio 5820 of the Streets and Highways Code, Sections 5904 and 6365 of the Harbors and Navigation Code, and Sections 51.320-51349 of the Water Code to establish the John F. Baldwin (Avon to New York Slough)and Stockton Ship Channels Maintenance Assessment District 99-1 C"Maintenance District"),or to allow the DISTRICT to levy a Harbor or Channel Usage Charge oder common law or as fort or Harbor Dues under Section 208 of the Water resources Development Act of 1986(Public Law 99-662)("WRDA 19$61). 18. The WATER AGENCY and the DISTRICT intend to exercise in common that authority for the purpose of facilitating,and mutually benefitting from,the performance of their respective obligations under the Amendment: (a) in the case of the DISTRICT,through the addition of the WATER AGENCY to share responsibility with the DISTRICT for the provision of required local contribution for the Suisin Bay and New York Slough Segments,thereby alleviating the financial and operational burden of sole performance, (b) in the case of the WATER AGENCY, in limiting the liability and financial obligation as joint local sponsor under the Amendment,to those amounts received by the WATER AGENCY through maintenance assessments levied on real property located in the County, or from the DISTRICT'S imposition of Harbor or Channel Usage Charges levied on vessels using the Suisin Bay and New York Slough Segments; and (c) in time case sof both WATER AGENCY and DISTRICT,through reimbursement of the cost of performing their respective obligations under time Amendment by requiring contribution from the industry group and other public and private beneficiaries either through the levy of maintenance assessments upon owners of real property located in both Contra Costa and San Joaquin Counties, or through the DISTRICT'S imposition of Harbor or Channel Usage Charges upon vessels using the Suisin Bay and New Fork Slough Segments of the Original Project, and by establishing time eligibility of both for cost-sharing with the United States Government in the cost of construction of dredged material disposal facilities under Section 201 of the WRDA 1996. 19. Ey this Agreement.. WATER AGENCY and DISTRICT intend to clarify and affirm what was set forth in the earlier draft amendment now confirmed in the Amendment in terms of time joint and several rights and responsibilities of the WATER AGENCY and the DISTRICT and to set forth the-Hammer and structure in which the joint powers of the DISTRICT and WATER AGENCY will be exercised. 4 OREEMF ° 1.ur : DISTRICT and WATER AGENCY hereby agree that it is their intent that: A. For purposes of carrying out the NATER AGENCY'S and DISTRICT'S' duties under the Amendment, as summarized in Recitals 3, 14 and IS and with the intention stated in Recital 18 to exercise the statutory authority enumerated in Recital 17 of this Agreement, including the identification and provision of upland disposal sites for dredged material from the Suisin Bay and New York Slough Segments,' the PARTIES agree to jointly exercise their respective powers to carry out the terms of the Amendment. The DISTRICT is designated hereunder as the party to exercise the sovereign purer of eminent domain to acquire all real property or interests therein required to carry out the terms of the Amendment. B. Further,the PARTIES intend that the WATER AGENCY will,whenever feasible, identify and provide upland disposal sites and the WATER AGENCY will make such out-of- pocket reimbursable expenditures in connection therewith, as necessary, on behalf of the County as more fully set forth in paragraph 2,below. 2. Powers,, WATER.AGENCY and DISTRICT agree, in order to meet the terms of the Amendment: (a)To identify and provide upland disposal sites for dredged material from the Suisin Bay and New York Slough Segments, from time to time as necessary and as set forth in the Amendment,through the joint exercise of their respective powers(under Section 5824 of the Streets and highways Code, Sections 5904 and 6365 of the Harbors and Navigation Code, and Sections 51320-51349 of the`Fater Code) to establish a Maintenance District, or to allow the DISTRICT to levy a Harbor or Channel Usage Charge under common law or as Port or Harbor Dues under Section 208 of WRDA 1986. (b) Each of the PARTIES may contribute or advance public funds, subject to reimbursement, but the WATER AGENCY'S contribution or advances shah be limited to available WATER AGENCY funds as determined by the "'MATER AGENCY. Personnel, equipment or property of one or more PARTIES may be used in lieu of contributions or advances. The PARTIES may provide services or the mutual exchange of services without payment of consideration or reimbursement. Payment of public funds may be made to defray the cost of any such contribution. ' The term "the Samsun Bay and the New York Slough Segments"shall mean the Suisun Bay Navigation Channel at Contra Costa County,Channel Station 0+00 to the New York Slough Navigation Channel at Centra Costa County,Channel Station 232+02.13(a.k.a.Channel Station 965 +47.50)as designated by the drawings for Suisun Bay Channel, Martinez to Antioch Point(February, 1994), attached and incorporated into the Amendment. 5 E (c) If the WATER AGENCY and the DISTRICT establish a Maintenance District,the County and the DISTRICT may adopt as necessary any resolutions,engineer's report and five year plan,hold public hearings,tabulate ballets, levy and collect maintenance assessments,and record liens on real property for the enforcement of these assessments, and deposit the proceeds in a Maintenance Fund(as defined in section 8,below), for expenditure as provided in the approved engineer's report and the five year plan. Either the WATER AGENCY or the DISTRICT may abandon the Maintenance District without the concurrenceof the other. If the WATER AGENCY or the DISTRICT seeks to abandon the Maintenance District, it must do so by written notice to the other PARTIES and may not thereafter object to the DISTRICT'S levy of a Harbor or Channel Usage Chane under common law or as port or Harbor Dues under Section 208 of WRDA 1986;but this provision does not constitute any waiver of rights by the County or consent by the County to the levy of,nor the application of any such charges to any vessels or property owned or operated by the County or other public entity for which the County or its Board of Supervisors is the governing entity, (d) Nothing in this Agreement is intended to limit the discretion of the WATER AGENCY or DISTRICT in determining which parcels within their respective jurisdictions are subject to maintenance assessment,or may be excluded;or when an assessment may be absorbed by the party on behalf of one or more owners of real property otherwise subject to assessment,or when the issuance of a credit in lieu of the collection of the assessment from an owner of real property for amounts paid to the collecting party under a Channel or Harbor Usage Charge under a published tariff may be appropriate. (e) The DISTRICT shall have the powers relating to eminent domain to acquire all real property or interests therein, including the power to conduct all public hearings to the end of adopting a resolution of necessity, to take whatever steps are necessary to initiate and conduct to a conclusion such eminent domain proceedings as are necessary to obtain title to any and all property or interest therein which is required to cavy out the terms of the Amendment, and in connection therewith, to enter into one or more contracts to obtain performance of all legal, engineering, appraisal, right of way, relocation assistance and related services. 3. Cost=. All costs of acquisition of real property or interests therein including, but not limited to payments for all legal,engineering,appraisal, right of way services and related costs; payments for any and all relocation assistance claims; payments to property owners of just compensation for any and all property rights acquired by negotiation,settlement,condemnation awards or otherwise("Costs") for property to be held in the name of the DISTRICT shall be bourn by the DISTRICT. All Costs for property to be held in the name of the WATER AGENCY, shall be bourn by the WATER AGENCY. All Casts for exercise of the powers of eminent domain shall be bourn by the DISTRICT. 4. Sud 'j y;t roper Title. The DISTRICT may exercise the powers granted by the Eminent Domain Law to acquire real property or interests therein in the unincorporated area of the County. All property acquired by negotiation, settlement,condemnation awards or otherwise shall be acquired in the name of the DISTRICT. 6 5. T'ermination �rlrior geeme t: To the extent the 1370 and 1980'Joint Powers Agreements between the County and the DISTRICT remain operative,they are hereby terminated and have no further legal force or effect. b. Executive? of1he Amcn_dment: The WATER AGENCY and the DISTRICT shall execute the Amendment to the Local Cooperation Agreement concurrently with the execution of this Agreement. In the event of conflict between this Agreement and the Amendment to the Local Cooperation Agreement,this Agreement shall control. 7. J.Q`r t g ne .and five year ai=na=2l4n: (a)In consultation with the industry group and with the cooperation of the DISTRICT, the WATER AGENCY shall advance the east of preparation of a five year maintenance plan, subject to reimbursement from the Maintenance Fund as described in paragraph 8 below,to be incorporated in a joint engineers' report for the Maintenance District, for independent consideration and adoption by the WATER AGENCY and the DISTRICT, and related instruments,that may include, as appropriate: (i)the total estimated cost of maintaining the general navigation features of the Suisin Bay and New York Slow Segments, including elements of required local contribution for the Suisin Bay and New Fork Slough Segments, (ii)estimates of required upland capacity for disposal of dredged material from the Suisin Bay and New fork Slough Segments, including any material from any public or private berths by agreement and subject to reimbursement; (iii)environmentally acceptable alternative approaches at the lowest possible crest,to providing upland disposal sites with adequate capacity to meet anticipated capacity requirements (subject to the provisions of this Agreement, including paragraphs 2(e), 3 and 4 above), including: (A) use of a privately owned and operated site in consideration of payment of a.tipping or disposal fee; (B) acquisition, improvement,and use of an intermediate drying and treatment site in combination with long terra disposal options; (C) out-source contracting for improvement and use of existing permitted and approved sites with adequate capacity to meet estimated requirements, or (D)acquisition, improvement,permitting and maintenance of an additional site or sites to meet capacity shortfall during the terra of the five year plan and beyond, (iv)a proposed business type capital and operating budget for the first five years of the maintenance plan, including projected revenue from all sources, and estimated expenditures,and those amounts subject to maintenance assessment, and any required adjustments thereto, (v)an estimate of potential annualized offsetting receipts from the sale of clean dredged 7 material; and (vi)a projection of the potential reduction in expenditures from cost-sharing of the cost of construction of dredged material disposal facilities under Section 201 of WRDA 1996. (b)The five year plan shall be adopted by the WATER AGENCY and the DISTRICT by resolution,either independently or as part of the engineer's report,including the cost estimate, scope of improvements, and any proposed assessments, for the Maintenance District. (c) In consultation with the industry group,the WATER AGENCY shall cause the five year plan to be revised annually or as necessary to meet estimated capacity or other requirements under the Amendment. The NATER.AGENCY shall cause an annual report to be prepared and transmitted to the Contra Costa County Board of Supervisors, the governing board of the WATER AGENCY, and to the Stockton fort Director concerning the activities,revenue and expenditures, and receipts and disbursements under this agreement for the previous year. 8. Maintcnanc Fund: (a)'There is established in the treasury of the County a John F. Baldwin(Avon to New "York Slough)Maintenance Fund("Maintenance Fund")as a public enterprise fund into which shall be deposited the proceeds of assessment from the Maintenance District, and any future assessments,by the party levying the assessments, any revenue from the sale of clean dredged material,reimbursement for the cost of dredging public or private berths, or deposit of other material,or from cost-sharing with the USACE by agreement under Section 201 of WRDA 1996. Assessments and revenues from the operation and maintenance of the Suisin Bay and New York Slough Segments shall be deposited in the Maintenance Fund. {b}Amounts deposited in the Maintenance Fund shall be available for the reimbursement of advances, or liquidation of obligations, made by the DISTRICT or the WATER AGENCY,as the case may be,and for future contractual obligations and for disbursements and expenditures under the five year plans, as approved by the Board of Supervisors as the governing board of the WATER AGENCY, for the maintenance of the Suisin Bay and New'York Slough Segments. (c) Upon termination of this agreement, subject to reimbursement for advances and outstanding obligations, any amounts or surplus remaining in the Maintenance Fund, after the liquidations of all outstanding obligations and payment of all expenses may be upended, or otherwise distributed by the WATER AGENCY and are not subject to any claim by the DISTRICT. 9. I.imitatim cif inancial liability. The WATER AGENCY expressly does not pledge or otherwise encumber the general funds of the County for any purpose under this Agreement, and any financial obligations undertakers by the `CATER AGENCY under this Agreement are limited to those amounts that are deposited in the Maintenance Fund in the County treasury. 8 10. Disclaimer denvironmotal liability: Nothing in this Agreement is intended, nor may be construed to impose any liability as among the PARTIES, or concerning any third person not a party to this Agreement,that may arise under the Comprehensive Environmental Response, Compensation and Liability Act(42 U.S.C. 9601 et seg.,"CERCLA"),or under any ether provision of federal or state law. In bearing any cost,conducting any investigation,or . performing any cleanup and response to enable the operation and maintenance of the Original Project,or any confined upland disposal site under this Agreement and as required under the Amendment,the WATER.AGENCY disclaims any liability under CERCL A,or under any ether provision of federal or state law,for the presence,release,threatened release, or response to release or threatened release, or for the generation,transportation,storage,or disposal of contaminated material, and reserves the right to recover the cost of any investigations,and any amounts expended for cleanup and response from potentially responsible persons or entities. 11. In&mnifcation: As material consideration for this agreements,the DISTRICT shall indemnify, save,protect,defend and hold harmless WATER AGENCY,their officers, representatives, employees,agents and volunteers, from and against any and all liability,loss, damage, expense and costs (including without limitation,costs and fees of litigation)of every nature arising out of or in connection with the matters covered by this Agreement or by the Amendment or by the Focal Cooperation Agreement, including obligations, losses,liabilities, claims,damages,attachments,executions, actions and proceedings in connection with the acquisition of real property or interests therein, except such loss or damage which was caused by the sole negligence or willful misconduct of the WATER AGENCY. The DISTRICT also agrees to defend, save,protect, indemnify and hold WATER.AGENCY''harmless from and against all liabilities,claims, actions, foreseeable and unforeseeable consequential damages, costs and expenses(including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of WATER AGENCY'S counsel)or loss directly or indirectly arising out of or related to the presence of any hazardous substance in or around any part of the premises or in the soil, groundwater or soil vapor on or under the premises, including'those incurred in connection with any investigation of site conditions or any clean-up,remedial,removal or restoration work,or any resulting damages or injuries to the persona or property of any third PARTIES or to any natural resources. The rights and obligations contained in this section shall survive the termination of this Agreement. 12. Tenn and terminatio f a semens and effect: (a)This agreement is effective as of the date first executed by each of the PARTIES and continues in full force and effect unless terminated. (b) This agreement may be terminated by mutual consent of the PARTIES or,either the DISTRICT or WATER AGENCY may terminate this agreement upon thirty days written notice to the other and subsection. (d) shall automatically apply, except as otherwise specifically provided for herein. Upon termination, none of the PARTIES shall have recourse against any ether party in law or equity. 9 a (c)This agreement automatically terminates and subsection(d)shall automatically apply upon the abandonment or termination of any proceedings by DISTRICT or WATER AGENCY for the establishment of the Maintenance District, or the abandonment or termination of the levy of Harbor or Channel Usage Charge under common law or as fort or Harbor Dues under Section 208 of WRDA 1986,or if the WATER AGENCY is unwilling or unable to perform or. participate as local sponsor under the Amendment. (d)Upon termination of this agreement, all WATER AGENCY obligations and liabilities under the.Amendment, including all financial responsibility for providing local contribution for the Suisin Bay and New York Slough Segments, automatically revert to the DISTRICT and become the scale responsibility of the DISTRICT. Upon termination of this Agreement,the WATER AGENCY will have no duty,obligation or liability in connection with the subject matter of this Agreement. It is the intent oft e PARTIES that if the WATER AGENCY ceases to perforin or participate as Local Sponsor,that the WATER AGENCY will have no duties or responsibilities to perform under this Agreement. 13. Sttgrip&committee: (a)There is established a steering committee comprised of the Executive Officer of the WATER AGENCY and the Executive Director of the DISTRICT.The steering committee shall supervise the joint activities to be undertaken under this agreement, make recommendations,and approve the five year plan,annual reports, any agreements, or capital expenditures before submittal to the governing bodies of the PARTIES for approval and execution or adaption.The steering committee shall meet annually or more frequently as necessary to implement the purpose of this agreement. (b)Upon request of the steering committee, the 'CATER AGENCY or the DISTRICT shall employ personnel or contract for services or supplies on behalf of the committee and the PARTIES, subject to the approved budget and five year plan and to amounts available for reimbursement for expenditures from the Maintenance Fund under this agreement. 14. Accounta : Each of the PARTIES is strictly accountable for all funds and roust report all receipts and disbursements. 15. Sys Iy�ongy: After the completion of the purpose of this Agreement, any surplus money on hand shall be returned to the PARTIES in proportion to their contributions, subject to the provisions of paragraph 8(c). 16. Sev Mhi ity: If any part,term, or provision of this agreement is decided by a court of competent jurisdiction to be void,unenforceable, illegal, or in conflict with any law of the State of California, the validity of the remaining parts,terms,or provisions are not affected thereby. 17. This agreement is binding upon and inures to the benefit of 10 d i the successors to the PARTIES. None of the PANTIES may assign any right or obligation hereunder without the express written consent of the other. 18. Mtr and i „ -atitrt_aender�t e This Agreement constitutes the entire agreement between the PARTIES and supersedes all prior and contemporaneous understandings or agreements of the PARTIES. This Agreement may be amended only by written agreement of the PARTIES. 19. aimof 12ersonal iabljy: No Commissioner, Supervisor,officer,employee,went or consultant of any of the PANTIES is individually or personally liable for any claims, losses, damages,costs, injury,or liability of any bind,nature and description arising from actions of any of the PANTIES under this agreement. 20. : Any notice,request, demand, or other communication under this agreement shall be in writing.Notice is sufficiently given for all purposes if prodded in writing by first class mail postage prepaid as follows: If to the WATER AGENCY: ,Contra Costa County Water Agency Staff c/o Community Development Department County Administration Building 651 Pine 5t. Martinez, CA 94553 If to the DISTRICT: , Dort.Director Stockton Dort District P.O. Box 2089 2201 W. Washington St. Stockton CA 952031 21. Ceu ern rts: This Agreement may be executed in counterparts,each of which is considered to be an original, and the counterparts collectively constitute one and the same instrument. 22. No thirdP arty beneficiate: It is not the intention of DISTRICT or the WATER AGENCY that any person or entity occupy the position of intended third-party beneficiaries of the obligations assumed by any party under this agreement. 23. oc2neration, The PARTIES hereto shall reasonably cooperate with each other to 11 fulfill the teens and conditions of this Agreement. 24. UifQmia law, This Agreement shall be governed by and construed in accordance with the laws of the Mate of California. The venae for any legal action pertaining to this Agreement shall be Contra Costa County, California. 25. Rwre=Wins counsel The PARTIES hereto each acknowledge that they have been represented in the negotiations for,and in the preparation of this Agreement by counsel of their own choosing;that they:have read this Agreement or have had it read to them by their counsel; and that they are fully aware of and understand its contents and its legal effect. Accordingly,this Agreement shall,not be construed against any party,and the usual rule of construction that an Agreement is construed against the party which drafted it shall not apply. DATED: STOCKTON PORT DISTRICT BY: Stockton port Director DATED: CONTWOSTA R AGENCY BY: r it oar of Supervisors of o€�tra C to County as Board of Directors of Contra Costa dater Agency f:'JJANNVPA.WPD 12 ATT.A.CMIENT 2 AMENDMENT NUMBER ONE TO AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE STOCKTON PORT DISTRICT FOR LOCAL COOPERATION ON THE SAN FRANCISCO BAS' TO STOCKTON, CALIFORNIA (JOHN'F. BALDWIN AND STOCKTON SHIP CHANNELS)PROJECT, AVON TO STOCKTON This AMENDMENT, is entered into this day of by and between the DEPARTMENT OF THE ARM(hereinafter referred to as the "Government"), acting by and through the.Assistant Secretary of the Array(Civil Works), the CONTRA COSTA CDUN7Y WATER AGENCY(hereinafter referred to as ,"Fater Agency"), acting by and through its governing board,the Contra Costa County Board of Supervisors, and the STOCKTON PORT DISTRICT(hereinafter referred to as "Stockton"), represented by the Chairman, Stockton fort District. WITNESSETH, T. WHEREAS,the San Francisco Bay to Stockton,California(John F.Baldwin and Stockton Ship Channels)Project,Avon to Stockton (hereinafter referred to as the "Project"),was authorized by the River and Harbor Act of 1965 (Public Lava 89-298), 89th.Congress, Ist Session,and, WHEREAS, a portion of the Project lies within the limits of the jurisdiction of the San Francisco District, Corps of Engineers from Suisun Bay Navigation Channel station 4+ 00 to New York Slough Navigation Channel Station 232 +42.13 (a.k.a. Channel Station 955 +47.50) (Sar} Francisco District- Sacramento District Jurisdiction Line)(hereinafter referred to as the "`Suisun Bay and the New York Slough Segments"),as defined in Article I of this Amendment and., WHEREAS, construction, operation and maintenance of the Project including the Suisun Bay and the New York Slough Segments are the responsibility of the Corps of Engineers, Sacramento District and Stockton under a Local Cooperation Agreement("LCA")dated May 6, 1982$ and, WHEREAS, construction of the Suisun Bay and the New York Slough Segments was completed in 1988; and, WHEREAS, there are no public recreation areas,no fish and wildlife mitigation developments,no fish and wildlife enhancement developments along the Suisun Bay and New York Slough segments;and, WHEREAS,the Government, Stockton and Water agency now desire to amend the LCA to add water Agency County as a joint Local Sponsor for certain local contribution and cost-sharing requirements and both 'mater Agency and Stockton intend to enter into a Joint 1 po,vers Agreement("JPA")for that purpose, so that noxi-Federal sponsorship of the operation and maintenance responsibilities relating to the Suisun Bay and the New`fork Slough Segments will be shared by Stockton and Nater Agency effective on the date of this Amendment; and, WHEREAS,under that JPA,the Water.Agency will, subject to the reversion provision as set forth in this Amendment in Article Il.c, assume primary responsibility for the Suisun Bay and the New York Slough Segments upon request by the Government for the disposal of dredged material for the operation and maintenance of those segments; WHEREAS,the Sacramento District transferred operations and maintenance responsibilities for the Suisun Bay and New Fork Slough segments to the San Francisco District on January 1, 1974; and, WHEREAS, Stockton is desirous of sharing its responsibilities relating to its participation in cost-sharing and financing for the Suisun Bay and the New Fork Slough Segments under the LCA but recognizes that it remains solely responsible under the LCA for asst-sharing and financing relating to that portion of the Project excluding the Suisun Bay and the New Fork Slough Segments and remaining within the jurisdiction of the Sacramento District;and, WHEREAS,the eater Agency has the authority and capability to furnish the cooperation set forth in the LCA and this Amendment and is willing to participate in cost-sharing and financing in accordance with the terms of the LCA and this Amendment; NOW, THEREFORE,the parties agree as follows: ARTICLE I - L)EKNITIONS AND GENERAL PROVISIONS a. For purposes of this Amendment,the term. "the Suisun Bay and the New Fork Slough Segments" shall mean the Suisun Bay Navigation Channel at Contra Costa County,Channel Station 0-4.00 to the New York Slough Navigation Channel at Water Agency County, Channel Station 232 +02.13 (a.k.a. Channel Station 965 + 47.50) as designated by the drawings for Suisun .Bay Channel,Martinez to Antioch Point(February, 1994),attached hereto and incorporated into this Amendment. b. In Article I, Section b,paragraph 1 of the LCA, maintenance of the flood control levees shall be limited to rock levees constructed by the Government along the Suisun Bay and New Fork Slough segments. ARTICLE II -OBLIGATIONS OF THE PARTIES a. Effective on the elate of this Amendment, and subject to the reversion provision in subsection co below, all rights,responsibilities and obligations of Stockton, with respect to operation and maintenance(arid primarily with provision of upland disposal sites as stated in the K 9 LCA)relating to the areas identified as comprising the Suisun Bay and the New York Slough Segments,shall be shared jointly by Stockton and Water Agency under the terms and conditions of the Agreement between Stockton and the Water Agency for Joint Exercise of Power for operation and maintenance of Suisin Bay and New fork Slough Segments(JPA"), executed concurrently herewith. When requested to do so by the Government,the Water Agency will identify and provide upland disposal sites in its jurisdiction. All other rights,responsibilities and obligations of Stockton,as stated in the LCA,relating to areas of the Project,excluding the Suisun Bay and the New York Slough Segments, shall remain as stated in the LCA. b.Notwithstanding the above,Stockton shall remain solely liable to the Government under the save and hold harmless provisions of the LCA to the extent that any claim for damages concerning the Suisun Channel and the New`Fork.Slough Segments may relate to events that occurred prior to the execution of this Amendment,and Water Agency shall have no such obligation to the Government. c. In recognition that the operation and maintenance of the Suisun Bay and the New York Slough Segments is necessary for benefits to accrue to the remaining areas of the Project,and in the event that Fater Agency is unwilling or unable to perforin its obligations under the LCA and this Amendment,effective upon the date of receipt of such written notification to Stockton from the'dater Agency, Stockton shall reassume all obligations as stated in the LCA and this Amendment,and Stockton and the Government shall release Water Agency from any further liability,responsibility or obligation under the LCA and this Amendment.Nothing contained herein shall prevent any party to this Amendment From taking such action as is necessary to enforce its rights under the LCA or this Amendment or pursue any remedy at law or in equity, including Water Agency's power to set reasonable fees and charges. d. In recognition of the completion of all construction related to the project,there are no construction obligations remaining. e. The obligations of this Amendment do not apply to Article 1, Section C of the LCA. f The cast sharing provisions contained in the 1996 hater Resources Development Act shall apply as appropriate. All other provisions of the LCA remain in full force and effect. (1) Except as provided in subparagraph. (2)of this paragraph, all other provisions of the LCA remain in full force and effect. (2) As requested by Stockton under Section 201 (f) of the Water Resources Development Act of 1936 (110 Stat. 3673: 33 U.&C. 2211 note)the LCA is amended in Haat the cost of construction of land based and aquatic dredged material disposal facilities and improvements required for the operation and maintenance of the Project after date of execution of this amendment is subject to costa-sharing as a general navigation feature under Section 201 (b)(2) of that Act, subject to the execution of a cost-sharing agreement between Stockton or Water Agency and the Government for that purpose. 3 x = ARTICLE III -NOTICES All notices,requests, demands, and other communications required or permitted to be given under this Amendment or under the LCA shall be deemed to have been duly given if in writing and delivered personally, givers by prepaid telegram, or mailed by first-class(postage pre-paid) registered,or certified mail,as fullers: If to Water Agency: If to Stockton: Contra Costa County dater Agency Port of Stockton Attn: Staff, Water Agency,0 door,N.Wing Port Director County Administration Building P.O. Box 2089 651 Pine Street 2201 W. Washington Martinez,CA 94553-1290 Stockton,CA 95201 If to Sacs Francisco District: If to Sacramento District: U.S. army Corps of Engineers U.S. Army Corps of Engineers San Francisco District Sacramento District Attn: District Engineer, 8th Flr. Attn: District Engineer 333 ?Market Street, San Francisco,CA 1325 J Street 94105-2197 Sacramento, CA 958.14-2922 IN WITNESS 1krHERECF,the parties hereto have executed this Amendment,which shall become effective upon the date it is signed by the Assistant Secretary of the Army(Civil Works). THE DEPARTMENT OF THE ARMY STCCKTON PORT DISTRICT Ey: Ey: Assistant Secretary of the Arany Port Director (Civil Works) Contra # sta Coup er Agenc > S ;J By. Ch11Ch , and Supervisors as go rnm crf C tra Costa Waterg,,.: y y 4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Acting as the Board of Directors, Contra Costa County Water Agency Adopted this Order on June 22, 1999 by the following vote: AYES. SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNTER AND CANCIAMILLA NOES. NONE ABSENT. NONE ABSTAIN. NO--,.NE RESOLUTION NO. 991314 DECLARATION OF INTENTION TO FORM MAINTENANCE ASSESSMENT DISTRICT DESIGNATED SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (SUISUN BAY CHANNEL AND NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1, CONTRA COSTA COUN'T'Y WATER AGENCY AND STOCKTON PORT DISTRICT UNDER JOINT EXERCISE OF POWERS AGREEMENT, COUN"T"Y OF CONTRA COSTA, STATE OF CALIFORNIA WHEREAS, the Board of Directors of the Contra Costa County Water Agency (the "Agency") a special district, and the Board of Commissioners of the Stockton Port District (the "District"), a port district, (and collectively referred to as the"Parties)have authorized the execution of a Joint Exercise of Powers Agreement (the"Agreement")under Chapter 5 of Division 7 of Title I of the Government Code of the State of California (commencing with Section 6500 and following)(the"Joint Powers Law"), and Section 1240.140 of the Code of Civil Procedure, for the purpose of jointly establishing a maintenance assessment district for the Suisun Bay Channel and New York Slough.Channel of the San Francisco Bay to Stockton, California Federal navigation project; WHEREAS under that Agreement the Parties may jointly exercise any power common to the contracting parties, WHEREAS, the Agency and the District have authorized the execution of Amendment Number I ("Amendment Number V)to the Agreement Between the United States of America and the Stockton Port.District for Local Cooperation on the San Francisco Bay to Stockton, California (John F. Baldwin and Stockton Ship Channels) Project, Avon To Stockton(the "Project") (the"Local Cooperation Agreement") as of May 6, 1982 to provide the non-Federal cooperation required by Congress as a condition of construction by the United States Army Corps of Engineers ("USACE") as authorized in the River and Harbor Act of 1955 (Public Law 89-298)>- WHEREAS, 9-298);WHEREAS, the Project as the last navigation improvement project constructed in the State of California at 100®/ Federal cost and expense, and no required local contribution by the non-Federal sponsor and private beneficiaries is required except as provided in the Agreement; I WHEREAS, under Amendment Number 1, the Agency assumes shared responsibility with the District for providing those items of required local cooperation for the Suisun Bay Channel and the New York Slough Channel segments of the Project, and as Joint Local Sponsor is eligible to cost-share with the United States Government in the cost of construction of dredged material disposal facilities under Section 201 of the Water Resources Development Act of 1996 (Public Law 104-303) ("WRDA 1996"); WHEREAS, under the Local Cooperation Agreement and applicable Federal lady, the Federal Government pays 100/0 of the cost of actual dredging and the non-Federal sponsor pays 100% of the cost of providing upland dredged material disposal areas, and both share in the cost of related improvements to disposal areas in the ratio of 65%Federal and 35% non-Federal expenditures; WHEREAS, without the Agency serving as Local Sponsor for those segments of the Project, the Federal Government has indicated it will not pay the cost of project maintenance estimated to be $5,135,000 per year for the 150,000 cubic yards for the Suisun Bay Channel, and 100,000 cubic yards per year for the New York Slough Channel segments of the Project; WHEREAS, under the Local Cooperation Agreement the primary local,responsibility is to provide and maintain upland disposal areas, and related improvements for dredged material disposal and beneficial reuse; W MREAS, without continuous charnel maintenance, dangerous and unpredictable shoaling may occur causing vessel delays, groundings, and collisions, and posing a threat to life and property, health, safety and welfare, and economic dislocation in the surrounding areas served by the Project; WHEREAS, owners and users of contiguous waterfront property located both adjacent or in proximity to, and upstream of, the Project specially benefit from the maintenance of the project by the actual or potential access or use of the Project reflected in the economic value and benefit of riparian ownership, access, or use of waterfront parcels for transportation and waterborne commerce; WHEREAS, establishment of a maintenance assessment district is a fair and equitable manner of apportioning the costs of continued channel maintenance, and related improvements. among private beneficiaries specially benefiting from maintenance of the navigable Federal channels; WHEREAS, the Board of Directors of the Agency is considering the formation of an assessment district jointly with the District, under Section 6365 of the Harbors and Navigation Code of the State of California and the Municipal Improvement Act of 1911 (the E"1911 Act") (Chapter 26 of Part 3 of Division 7 (commencing with Section 5820) of the California Streets and Highways Code, for the purpose of ordering that the costs and expenses of operation and maintenance of the Project and related improvements (consisting generally of providing upland disposal sites as a condition of continued operation and maintenance of charnel improvements previously constructed by the Federal Government at 100%Federal expense) shall be assessed upon the real property lying within the proposed district to be benefited by the operation and maintenance of the Project and related improvements; 2 WHEREAS, the Board desires to declare its intention to order the operation and maintenance of those improvements, to declare the work to be of more than local or ordinary benefit, to describe the lands to be specially assessed to pay the costs and expenses of maintaining the Project and related improvements, and that the amounts so assessed to be levied and collected in the same manner and by the same officers as taxes for county purposes are levied and collected; WHEREAS, the lands to be specially assessed for the operation and maintenance of channel improvements shall be included within a maintenance assessment district hereinafter designated; WHEREAS, under Section 5872 of the Streets and Highways Code and subsection (i) of Section 6365, the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Division 4 (commencing with Section 2800 of the California Streets and Highways Code) is not applicable to these proceedings; and WHEREAS, there has been prepared and presented to this meeting a map of the proposed boundaries of the maintenance assessment district (the "Boundary Map of Maintenance Assessment District 1999-1") showing the boundaries of the area proposed to be assessed for the maintenance of the Project and related improvements; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Contra Costa County Water Agency, as follows: SECTION 1. The office of the Clerk of the Board of Supervisors, and the County Recorder, are designated as the place for recordation of the assessment roll and diagram which shall be kept as a permanent record of the maintenance assessment district. SECTION 2. The public interest and convenience, and health., safety and welfare require, and it is the intention of the Board, pursuant to the provisions of Section 6365 of the Harbors and Navigation Code and the 1911 Act, to order the costs and expenses of operating and maintaining items of required local contribution under the Local Cooperation Agreement, and related improvements, in a maintenance assessment district (the "Maintenance Assessment District"), and the District is concurrently in separate proceedings declaring its intention to form a maintenance assessment district for the same purpose, designated as: SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (SUISUN BAY CHANNEL AND NEW YORK SLOUGH CHANNEL) AND NEW YORK SLOUGH CHANNEL) MAINTENANCE AS SES SMENT DISTRICT 1399-1" SECTION 3. The certainn operation and .maintenance costs and expenses (the "operation and maintenance costs and expenses") to be paid with the proceeds of the assessments levied under these proceedings, those amounts so assessed to be levied and collected in the same manner and by the same officers as taxes for county purposes are levied collected, are generally described as follows: 3 SUMMARY COST ESTIMATE As preliminarily As confirmed and approved recorded or as modified after recording Total cost of operations and _maintenance of general navigation features of Project for five years @ $5,135,000/year (100%Federal contribution) $5,675,000 $ Cost ofuse of upland disposal site Acquisition (100% Local contribution) @ $30,000/year for first two years $60,000 $ Cost ofuse of permanent upland site Improvements (35%Local contribution =$700,000 per year for last three years) $700,000 $ Cost of use of permanent upland site Improvements (65% Federal contribution =$1,300,000 per year for last three years) $3,900,000 $ Administrative costs ($25,000/year) for five years $125,000 $ One time Project Cooperation Agreement (PCA) Amendment to acknowledge upland site use $20,000 $ Past assessment district expenses $250,000 $ Total operation and maintenance(® & M) costs Subject to assessment for five years $32,130,000 $ Subtotal of costs allocated to Federal Government Parcels (deducted from total ® & M costs) subject to assessment or offset for five years $29,575,000 $ Subtotal of costs allocated to non-Federal parcels for Assessment or offset for five years $2,555,000 $ Contingency to assessment costs $311,000 $ Balance of assessment or offset apportioned among non-Federal parcels $2,866,000 $ 4 SECTION 4. Those operations and maintenance costs and expenses are of direct and special benefit to the properties and land within the Assessment District, and the :Board hereby declares its intention to make the operations and maintenance costs and expenses chargeable upon those properties, which properties the Board intends to declare to constitute the Maintenance Assessment District benefited by those operations and maintenance costs and expenses, and to be assessed to pay the costs and expenses of the Maintenance Assessment District, including incidental costs and expenses, described as follows: All that certain territory included within the exterior boundary lines shown on the Boundary Map of Maintenance Assessment District 1999-1 exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said Improvements in the Maintenance Assessment, District on file with the Clerk of the Board of Supervisors, and the County Recorder, excepting therefrom the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and those easements and rights-of-way therein contained, dedicated to the public. For all particulars as to the boundaries of the Assessment District, refer to the Boundary Map of Maintenance Assessment District 1.999-1. SECTION 5. The Boundary Map of Maintenance Assessment District 1999-1 is hereby approved and adopted. SECTION E. The original Boundary Map of Maintenance Assessment District 1.999-1, and one copy thereof, shall be filed in the Office of the Clerk of the Board of Supervisors. SECTION 7. The Boundary Map of Maintenance Assessment District 1999-1 shall govern,for all details as to the extern of the Maintenance Assessment District. SECTION 8e The Secretary of the Board of Directors shall endorse on the original and at least one copy of the Boundary Map of Maintenance assessment District 1999-1 the Clerk's certificate evidencing the date and adoption of this Resolution of Intention (the "Resolution of Intention"). SECTION 9. Under- Section 3111 of the California Streets and Highways Code, the Secretary of the Board of Directors is directed to file a copy of the Boundary leap of Maintenance Assessment District 1999-1 in the Office of the County Recorder of the County of Contra Costa within fifteen (15) days of the adoption of the resolution fixing the time and place of hearing on the formation and extent of the Assessment District. The Boundary Map Maintenance Assessment District 1.999-1 shall be in the form prescribed in Section 3110 of the California Streets and Highways Code. SECTION 10. Under Sections 5130, 5341-43, and 5830 of the 1911 Act, the Board hereby refers the proposed operations and maintenance and related improvements to the firm of Michael H. Cheney, P.E. (the "Assessment Engineer"), and directs the engineer to make and file a written report substantially in the form described in Section 10204 of the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 1000 0) of the Streets and Highways Code (the "191.3 Act") (the "Preliminary Engineer's Report"), including the following: 5 (1)flans and specifications of the proposed operations and maintenance to be conducted and related improvements which have not been already installed and which are to be acquired. The plans and specifications need not be detailed and are sufficient if they show or describe the general nature, location and extent of the improvements. The plans and specifications may be prepared as separate documents, or either, or both, may be incorporated in the report as a combined document. (2) A description of the proposed works and appliances already installed and any other property necessary or convenient for the operation and maintenance of the improvement to be conducted under these proceedings. (3)The Assessment Engineer's analysis of the cost of the proposed operation and maintenance to be conducted, and of the cost of lands, rights-of-way, easements and incidental expenses as enumerated in said report in connection.therewith. (4) A diagram showing, as they existed at the time of the passage of this Resolution of Intention, all of the following. (a) The exterior boundaries of the:Maintenance Assessment Districts (b) The boundaries of any zones within.the Maintenance Assessment Districts (c) The lines and dimensions of each parcel or subdivision of land within the Maintenance Assessment District. Each subdivision shall be given a separate number upon said diagram.. The diagram may refer to the county assessor's reaps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels. (5)A proposed assessment of the total amount of the cost and expenses of the proposed operations and maintenance upon the several subdivisions of land in the Assessment District in proportion to the estimated special benefits to be received by each subdivision, respectively from the operation and maintenance, including, but not limited to environmental impact reports, feasibility studies, engineering plans, costs estimates and legal expenses, and administrative expenses upon the several subdivisions of land in the Maintenance Assessment District in proportion to the estimated benefits to be received by each such subdivision, respectively, from the operations and maintenance. The assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof. SECTION 11. If any excess shall be realized from the assessment after the construction and acquisition of the Improvements and payment or provision for the payment of all costs and expenses in connection with the Assessment District, such excess shall be used, in such amounts as this Board may determine under the Agreement. SECTION 12. The Board hereby establishes a special fund designated the John F. Baldwin (Avon. to New Fork Slough) 'Maintenance Fund into which moneys in ay be transferred at any time to expedite the operation and maintenance of the Project and related improvements may be deposited and costs and expenses paid. 6 SECTION 13. The Board finds and determines by clear and convincing evidence that all public /property in the use and performance of a public function does not benefit from the operation and maintenance of the Project and related improvements and shall be omitted from assessment in these proceedings unless expressly provided and listed herein. SECTION 14. The public interest, convenience and necessity may require that certain land, rights-of-way or easements be obtained in order to allow the operation and maintenance of the Project and related improvements to be undertaken under the Agreement, SECTION 15. Under Streets and Highways Code Section 5660, any legal challenge to the proceedings or to the assessment (including without limitation any challenge pursuant to Article XIIID) must be brought within 30 days of the confirmation. of the assessment, and thereafter,the assessment will be incontestable. SECTION 16. This resolution shall take effect immediately upon its adoption. 7 CERTIFICATE OF RECORDING OFFICER The undersigned, duly qualified and acting Secretary of the Board of Directors of the Contra. Costa. County dater Agency, do hereby certify: That the foregoing and attached Resolution is a true and correct copy of Resolution No. 99-314 entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF TBE CONTRA COSTA COUNTY WATER AGENCY DECLARING ITS INTENTION TO FORM A MAINTENANCE ASSESSMENT DISTRICT DESIGNATED SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (SUISL,TN BAY CHANNEL AND NEVI YORK.. SLOUGH CHAN'N'EL) MAINTENANCE ASSESSMENT DISTRICT 1999-1, CONTRA COSTA.COUNTY WATEP, AOENCYAND STOCKTON PORT DISTRICT UNDER JOINT EXERCISE OF POWERS AGREEMENT, COUNTY OF CONTRA COS'T'A, STATE OF CALIFORNIA as regularly adopted at a legally convened meeting of the Board of Directors of the Contra Costa County Water Agency, duly held on the 22nd day of June, 1999; and, farther, that such Resolution has been fully recorded in the Journal of Proceedings and Records in my office, and said Resolution is in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 24 th day of J"l , 1999. Phil Batchelor, Secretary, Board of Directors Contra Costa County Water Agency ;� r C:\2'199\CCCoun y.doc Attachment #14 CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA(SUISLIN BAY CHANNEL AND NEW YORK SLOUGH CHANNEL)MAINTENANCE ASSESSMENT DISTRICT 1999-1 PREPARED UNDER JOINT EXERCISE OF POWERS AGREEMENT AND BY RESOLUTION OF INTENTION NO. 9('314 OF THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY WATER AGENCY AND RESOLUTION OF INTENTION NO. 99- ADOPTED BY THE BOARD OF COMMISSIONERS OF THE STOCKTON PORT DISTRICT. CONTENTS ITEM PAGE 1. ASSESSMENT 2 2. SUMMARY COST ESTIMATE 3 3. OPERATIONS AND MAINTENANCE PLAN 5 4. DETERMINATION OF SPECIAL BENEFIT 12 5, METHOD OF ASSESSMENT AND SPREAD FACTORS 15 6. ASSESS!!ENT ROLL 33 7, DESCRIPTION OF EASEMENTS, LANDS OR AGREEMENTS TO BE ACQUIRED 45 8. BOUNDARY MAP 46 9. ASSESSMENT DIAGRAM 47 10. CERTIFICATES 48 Assessment District 1393-1 Contaa Costa County Water Agency/Stockton Port District ASSESSMENT : :.:::.. .. ffiR.EAS, on June 22, 1999, the Board of Directors o'f the CONTRA COSTA COUNTY V1,"TE.R ADEN Y adapted Resolution of Intention No 99- 31.4, and on , 1999,the Eoard�f" s n Wit::; fthe Stockton Port District adapted Resolution of Intention N7o. 99-- f::> for the operations and maintenance of the San Francisco Ba-to Stock:: 5 a(Suisun Bay Channel and New York Slough Channel) Mlaintenan €z : s € sn cr: 99-1 more particularly described therein under the Joint Exercise of Powers lementing Amendment Number One to the Local Cooperation Agreement for tl'e an Francisco Bay to Stockton, California John F. Baldwin and Stockton Ship Channels Project, Avon to Stockton, executed as of the same dates; WTHEREAS, that Resolution directed the undersigned to make and file a report presenting the general description, operation and maintenance plan for the proposed operations, maintenance, and repair of specified navigation improvements or other works supplemental thereto or in replacement thereof to be done and other costs expected to be incurred over the period of one or more maintenance cycles not to exceed five years from the date of the assessment for each assessment, and expenses previously incurred, including the acquisition of lands, easements and rights of way, dredged material disposal areas and retention dikes, bulkheads, and embankments, or the cost of retaining works, except for additions required solely for development of recreation areas, aids to navigation, and remediation; maintenance of local service facilities to the extent not otherwise provided; estimate of costs, maps and descriptions of lands and easements to be acquired; and diagram and assessment of and upon the subdivision of parcels of real property within the boundary of the assessment district in which Resolution the description of the proposed operations, maintenance, and repair or other works supplemental thereto or in replacement thereof is more particularly described; NOW THEREFORE, the undersigned, under the authority and direction of Resolution Number 99 14 of the Board of Directors of CONTRA COSTA COUNTY WATER AGENCY, and Resolution of Intention Number 99- of the Board of Commissioners of the Stockton Port District, and the Joint Exercise of Powers Agreement, makes the following assessment to cover the portion of the estimated cost of the proposed operations, maintenance, and repair of specified navigation improvements or other works supplemental thereto or in replacement thereof, and expenses previously incurred, and the costs and incidental expenses thereof ascribed to and to be paid by the assessment district. The amount estimated or paid for the proposed operations, maintenance, and repair of specified navigation improvements or other works supplemental thereto or in replacement thereof, and expenses previously incurred, and the costs and incidental expenses thereof, is as fellows: nys3aRev3 2 Assessment District 1999-1 Contra Costa County Water Agency/Stockton Fart District SUMARY COST ESTLWIATE As Preliminarily As Confirmed and Recorded Recorded or as Mod- ified After Recording 'Dotal cost of operations and maintenance of general navigation features of Project for five years @ $5,135,000 per year(100% Federal contribution) $ 25,675,000 $ Cost of use of upland disposal site (100%Local contribution) $30,000/yr for first 2 years 60,000 Cost of use of permanent upland disposal site (35% Local contribution` $700,000/yr) for last 3 years L,100,000 Cost of use of permanent upland disposal site(65% Federal contribution= $1,300,000/yr) for last 3 years 3,900,000 Administrative costs ($25,000/yr) for 5 years 125,000 One time Project Cooperation Agreement(PCA.) Amendment to acknowledge upland site use 20,000 Past Assessment District expenses 250,000 Total operation and maintenance(O&M) costs subject to assessment for 5 years $ 32,130,000 Subtotal of costs allocated to Federal Government parcels (deducted from.total O&M costs) subject to assessment or Offset for 5 years 29,575,000 Subtotal of costs allocated to non-Federal parcels for assessment or offset for 5 years 2,555,000 Contingency to assessment costs 311,000 Balance of assessment or offset apport- ioned among non-Federal parcels for 5 years $ 2,866,000 nys3aRev3 3 Assessment District 1999-I Contra Costa County wader Agency/Stockton Port District I assess and apportion the total amount of the proposed operations, maintenance, and repass of specified navigation improvements or other works supplemental thereto or in replacement thereof, and expenses previously incurred; and the costs and incidental expenses thereof,upon the several lots, pieces, or portions of lots or subdivisions of Land liable therefore and benefited thereby, numbered to correspond with the numbers upon the attached Assessment Diagram,upon each., severally and respectively, in accordance with the benefits to be received by that subdivision respectively, from the proposed operations, maintenance, and repair of specified navigation improvements or other works supplemental thereto or in replacement thereof, and expenses previously incurred, and the assts and incidental expenses thereof, and more particularly set forth in the list attached and incorporated by reference hereto. The assessments are made upon the several subdivisions of land within the assessment district in proportion to the estimated benefits to be received by the respective subdivisions from the proposed operations, maintenance, and repair of specified navigation improvements or other works supplemental thereto or in replacement thereof, and expenses previously incurred, and the costs and incidental expenses thereof. Each subdivision of land assessed is described in the within Assessment Roll by reference to its parcel number as shown on the.Assessor's Maps of the Counties of San Joaquin and Contra Costa for the fiscal year 1998®1999 and includes all of those parcels excepting those portions thereof within public roads or right of way and those which have been determined to receive no benefits or the potential to benefit. For a more particular description of that property, reference is made to the assessor's parcel maps on file in the respective County.Assessor's Office, and to the deeds and maps on file and of record in the Office of the respective County Recorder for each parcel. Dated: Michael H. Cheney, RE, Engineer of work nys<aRev? 4 Assessment District 1999-1 Contra Costa County'Water Agency/Stockton Fort District CONTRA COSTA COUNTY WATER AGENCY AND STOCI{TON PORT DISTRICT SANFRANCISCO BAY TO STOCKTON, CALIFORNIA(SUISUN BAY CHANNEL AND NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1 OPERATIONS AND MAINTENANCE PLAN The Joint Powers Agreement requires the operation and maintenance plan to contain (and be updated annually during the five year term independent of the Final Engineer's Report for the maintenance assessment district) inter alfa: (i)the total estimated cast of maintaining the general navigation features of the Suisun Bay Channel and New York Slough Channel reaches of the Project, including elements of required local contribution for the Suisun Bay Channel and New York Slough Channel reaches of the Project; (ii) estimates of required upland capacity for disposal of dredged material from. Suisun.Bay Channel and New York Slough.Channel reaches of the Project, including any material from any public or private berths by agreement and subject to reimbursement; (iii) alternative least cost, environmentally acceptable approaches to providing upland disposal sites with adequate capacity to meet anticipated capacity requirements, including: (A)use of a government or privately owned and operated disposal site in consideration of payment of tipping or disposal fee, (B) acquisition, improvement, and use of an intermediate drying and treatment site in combination with long term disposal options; (C)outsource contracting for improvement and use of existing permitted and approved disposal sites with adequate capacity to meet estimated requirements; or (D) acquisition, improvement, permitting and maintenance of an additional site or sites to meet capacity shortfall during the term of the five year plan and beyond. (iv) a proposed business type capital and operating budget for the first five years of the maintenance plan, including projected revenue from all sources, and estimated expenditures, and those amounts subject to maintenance assessment, and any required adjustments thereto; (v) an estimate of potential annualized offsetting receipts from the sale of clean dredged material; and nys3 aRev3 5 Assessment District 1999-1 Contra Costa County water Agency/Stockton Port District (vi) a projection of the potential reduction in expenditures from cost-sharing of the cost of construction of dredged material disposal facilities under Section.2€11 of the`mater .Resources Development Act of 1996 (public Law 104-343) C WRDA 1996"); The San Francisco Bay to Stockton, California(John F. Baldwin Avon to Mouth of New'York Slough and New Fork Slough and Stockton Ship Channels)Project, Avon to Stockton(the "Project") is maintained at a depth of-35 ft(NI LLW datum) by the Federal government acting through.the U.S. Array Corps of Engineers ("USACE"). The Local Cooperation Agreement, as amended by Amendment Number One to the Agreement(the "Agreement"), between the U SACS,the Stockton.Port District("Porn'), and the CONTRA COSTA COUNTY MATER AGENCY("Agency") for the operation and maintenance of the Project requires that: (l)the USAGE operate and maintain the general navigation features of the Project; (2)the Fort acquire, provide, operate and maintain adequate upland disposal sites for material dredged from the Stockton Ship Channel reaches of the Project by the USAGE; (3) the Agency to do likewise for the Suisun Bay Channel and.New York Slough Channel reaches during routine maintenance of the Channel; and (4)the USACE and the Port, or the Agency as the case may be, share in the cost of required improvements to upland disposal sites. Under the Joint Exercise of Powers Agreement Implementing Amendment Number One to the Local Cooperation Agreement for the San Francisco Bay to Stockton, California John F. Baldwin and Stockton Shap Channels Project, Avon to Stockton(the"Joint Powers Agreement"), the County and the Port propose to discharge those financial responsibilities through the establishment by Resolution of intention of the San Francisco Bay to Stockton, California(Suisun Bay Channel and New York Slough Channel)Maintenance Assessment District 1399-1. The scope of the operation and maintenance plan., and improvements and expenditures subject to assessment is confined to the Suisun Bay Channel and New York Slough Channel reaches of the Project. However, the benefited parcels of real property from the operation and maintenance of those improvements include those located adjacent or near to both the Suisun Bay Channel and New York Slough Channel, and the Stockton Ship Channel reaches of the Project. The Dort will.continue to separately discharge its financial responsibilities for the Stockton Ship Channel reach of the Project, and assess beneficiaries of that reach for those costs. However, since parcels of real property located adjacent or near the Stockton Shap Channel reach of the Project require the use and continued operation and maintenance of the Suisun Bay Channel and New York Slough Channel reaches, those parcels are subject to the proposed assessment for the operation and maintenance of the the Suisun Bay Channel and New York Slough Channel reaches. The costs associated with future operation and maintenance of the general navigation features of the the Suisun Bay Channel and.New`fork Slough Channel reaches of the nys3aReO 6 Assessment District 1 +99-1 Contra Costa County water Agency/Stockton Fart District Project, the casts of acquisition of, and improvements to, upland disposal sites for the disposal of dredged material, and expenses previously incurred, and the casts and incidental expenses of assessment district formation and administration are included in total Project operation and maintenance costs for the Suisun Bay Channel and New York Slough Channel reaches of the Project and subject to assessment. That portion of total operation and maintenance casts borne by the USACE are allocated to parcels owned by the United States Government, principally the Concord Naval Weapon Station property located within District boundaries. The remaining portion of total operation and maintenance costs is allocated to those non-Federal parcels as the basis for the amount to be assessed to the San Francisco Bay to Stockton, California(Suisun Bay Channel and New York Slough Channel) Maintenance Assessment District 1999-1. The operation and maintenance costs for the operation and maintenance of the Suisun Bay Channel and the New York Slough Channel reaches (the"Project segments") of the San Francisca Bay to Stockton, California(John F. Baldwin and Stockton Ship Channels)Project, Avon To Stockton(the"Project"), and related improvements, under the Joint Exercise of Powers Agreement between.the CONTRA.COSTA COUNTY WATER AGENCY and the Stockton Port.District(the"Parties"), and the.Agreement Between the United States of America and the Stockton Port District for Local Cooperation on the Project, as amended by Amendment Number 1 (the":local Cooperation A.greernenf'), and subject to assessment under the San Francisco Bay to Stockton, California(Suisun Bay Channel and New York Slough Channel) (reaches)Maintenance Assessment District 1999-1 include: (1) costs and expenses of acquisition of lands, easements, and rights-of-way, permitting, and entitlements for one or.more upland disposal sites for dredged material disposal at 100%non-Federal Local Sponsor cast under the Local Cooperation Agreement; (Z) casts and expenses of upland site improvements subject to cost-sharing in the ratio of 65%Federal Government and 35%focal Sponsors under Section 201 of the hater Resources Development Act of 1996 (Public Law 104-303) (`WRDA 1996"); (3) less in the case of a governmental entity specially benefiting from the operation and maintenance, the apportioned assessment upon real property owned by that entity to be reduced by the contribution.of that entity to the operation and maintenance of the Project reaches; (4) in an amount not to exceed the aggregate amount based upon a per cubic yard charge to dispose of the estimated quantities of dredged material from the Project reaches for five years inclusive of any amounts representing the Federal share of the cost of site improvements; and (5)the aggregate out of pocket assts and expenses previously incurred by the Parties, and administrative costs and expenses incurred in the establishment of the Maintenance Assessment District. Assessments upon owners of real property subject to the maintenance assessment based upon the apportionment of the estimated costs of operation and maintenance may be nys3aRev3 7 Assessment District 1999-1 Contra Costa County Water Agency/Stockton Port District billed in five annual installments under the operation and maintenance plan for the Project reaches, or cumulatively in advance for one or more years, in the discretion of the Beard of Supervisors upon the recommendation of the engineer of record as to the necessity for accumulation of Band for the acquisition of lands, easements and rights-of-way, and related improvements subject to the imposition of a lien upon real property in an equivalent amount to the apportioned cost of the highest estimated aggregate amount for operation and maintenance costs for the Project reaches. Maintenance dredging done by the USAGE on the Project occurs primarily in two distinct reaches: (1) in Suisun Bay and New York Slough(the lower reach), and (2) above the Calaveras River to the Fort's turning basin at the Highway 5 bridge (the upper reach). Although maintenance dredging requirements vary depending on flows dawn the river system and rainfall, records indicate that the Corps has dredged an average of approximately 250,000 cubic yards (cy)per year from the lower channel reach and approximately 127,000 cy/yr from the upper reach near Stockton. The port currently maintains, operates and provides three active upland disposal sites to the U sACE to receive material dredged by the Corps from the upper reach of the Project. In the lower reach, the USAGE has been disposing of dredged material in an open water disposal site just east of the Highway 680 (Benicia) bridge at no cost to the Port. Under the current regulatory climate, open water disposal of dredged material will be discontinued. Under the amended Agreement, the USAGE would then require the Port and the County to acquire, maintain and operate an upland disposal site at their cost,just as is the case with disposal sites on the upper reach of the Project. The USAGE has budgeted the amount of $5,135,000 per year for annual maintenance of the Suisun Bay Channel and New York Slough Channel reaches of the Project. The estimated annual amounts of dredged material are 150,000 cubic yards for the Suisun Bay Channel and 100,000 cubic yards for the New 'fork Slough Channel reaches of the Project. The costs of acquiring, maintaining and operating upland disposal sites include (1) site acquisition costs (including real estate, legal, permitting and administrative), (2) site clearing and grubbing, (3) construction of perimeter levees to contain the dredged material slurry delivered by the Corps, (4) construction of effluent(return)water structures, (5)the provision for pumping the sites out, discing the sites and maintaining the levees in between dredged material deposition, (6)testing and monitoring during dredging operations and (7) continuing administrative and permitting costs. Additionally, the Corps requires that upland disposal sites be located within one mile of dredging sites; otherwise, the Port or County must pay the costs associated with installing booster pumps on the Corps' dredge to facilitate longer pumping distances to County or Port provided upland disposal sites. There are several options for meeting the district's Federally mandated requirement to ensure that upland or confined aquatic dredged material disposal sites are available and ready to use when needed by the U. S. Army Corps of Engineers (Corps) during its periodic maintenance dredging of the Suisun Bay and New York Slough channels. There are various levels of certainty associated with each option and the establishment of any one or a combination of options will require a certain level of effort on the district's part to secure the necessary agreement and entitlements needed for implementation. nys3aRev3 8 Assessment District 1999-1 Contra Costa County Water Agency/Stockton Part District 1. Designate Winter Island to receive the dredged material for at least the next two dredging cycles. `Anter Island has received dredged material, from the Project in the past and is fully permitted and willing to receive up to another 500,000 cy which would accommodate the maximum estimated amount of dredged material from the Project for the.next two cycles. It is estimated that the direct costs to the district for using Winter Island would amount to up to $30,000 per dredging cycle. This option appears to be certain and so it has been used as the basis for the Summary Cost Estimate(total district cost= $2,866,000)for the first two years of the five year district cost for allocating the district assessments 2. Enter into an agreement to dispose of the dredged material at a fully permitted, established, long terra disposal site. The disposal site closest to the dredging work that is slated to be operational within 2 years is the Montezuma Wetlands site at Collinsville in Solano County with an ultimate capacity to receive-40,000,000 cy. The dredged material would be dredged and hauled to the site in barges at 100%Federal expense and unloaded and disposed of at the site for a tipping fee of$8.00/cy of which the Federal government would pay 65% and the district would pay 35%. This option appears to be the most certain and so it has been used as the basis for the Summary Cost Estimate(total district cost= $2,866,000) for the last three years of the five year district cost for allocating the district assessments. 3. Acquire and develop a district owned disposal site with sufficient capacity to accommodate at least 5 years of anticipated dredged material and provide it to the USAGE for their disposal use from the Project; the USAGE would assume all costs of operating and maintaining the site in accordance with I.ISACE Policy Guidance Letter 47. The district would pay 100% of the costs associated with site acquisition and 3 5% of the costs associated with site development with the Federal government paying 65% of site development costs. The cost estimate for this option is shown at the end of this section,. 4. Enter into anagreement with.the California Department of Water Resources(DDR)to accept the dredged material at one or more of the Delta islands for fill and levee repair purposes. The Federal government would pay 100% of the costs associated with dredging, hauling and unloading the dredged material at an island. It is uncertain what part of the costs associated with the distribution, placement and compaction of the dredged material on the island would be allocated to the district; this would be subject to negotiation.with DWR., but it almost certainly would be less than the $2,866,000 for the combined options 1 and 2 above shown in the Summary Cost Estimate. The County has been in discussions with DWR regarding the terms and conditions of an agreement to use the Delta islands, but no agreement has yet been. reached. 5. Enter into an agreement with one of the local(in or near Martinez, in Contra Costa County) sand dredgers to dredge the channels and stockpile and sell the dredged material. The material dredged from the Project is generally a high percentage of sand with a low fines(mud) content. If the dredged material tested at 3% or less fines content, it is likely that the sand dredgers alight agree to this concept. However, the sand dredgers are not equipped to dredge the chancels to neat lines as required by the USAGE and so a dredging contractor would likely have to be contracted by the I..3SACE to nys3aReO 9 Assessment District 19991 Centra Costa County Water Agency/Stockton.Port District complete each maintenance cycle even after the sand dredgers removed sand from the channels. Implementation of this option would lower USACE maintenance casts as well as district assessments. COST EST ATE FOR SITE ACQUISITION OPTION Total cost of operations and maintenance of general navigation features of Project for five years @ $5,135,000 per year (100%Federal contribution) $ 25,675,000 Site acquisition cost for 100 acres 530,000/ac (100% district cost) $ 3,000,000 Site clearing and gabbing @ 5700/ac (35% district cost) 25,000 Site clearing and grubbing(_,`7a 5740/ac (65% Federal cost) 45,000 Construct levees (35% district cost) 53,000 Construct levees (65% Federal cost) 97,000 Install drainage weirs(35% district cost) 11,000 Install drainage weirs(65%Q Federal cost) 19,000 Permits, environmental, title (35% district cost) 53,044 Permits, environmental, title (65% Federal cost) 97,000 Engineering, soils, project management (35% district cost) 26,000 Engineering, soils, project management (65% Federal cost) 49,000 One time.Project Cooperation Agreement(PCA) Amendment to acknowlege upland site use 24,000 Administrative costs (525,000/yr) for 5 years (100% district cost) 125,000 Past.Assessment District expenses 250,000 1ys3 aRev3 10 Assessment District 1999-1 Contra Costa County Water Agency/Stockton Fort.District Total operation and maintenance (O&M) costs for 5 years $ 29,545,000 Subtotal of costs allocated to Federal Government parcels for 5 years (deducted from total OMM costs) 25,952,000 Subtotal of costs allocated to other parcels for assessment for 5 years 3,563,000 Contingency to assessment casts 357,000 Total costs allocated to other parcels for assessment for 5 years 3,950,000 nys3aRev3 1 I Assessment District 1999-1 Contra Costa County Nater Agency/Stockton Port District CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO BAY TO STOCKTON, CALIFORNTIA(SUISUN BAY CHANNEL AND NEWYORK SLOUGH CHANNEL)MAINTENANCE ASSESSMENT DISTRICT 1999-1 DETERMINATION OF SPECIAL,BENEFIT I. In accordance with the Joint Exercise of Powers Agreement entered into between CONTRA COSTA COUNTY WATER AGENCY and the Stockton Port District, as implemented by Resolution of Intention No. 99- adopted by the Board of Directors of the Contra Costa County Fater Agency and by Resolution of Intention No. 99- adopted by the Board of Commissioners of the Stockton Port District respectively, a plan of operations and maintenance or work done is the basis for a determination of special benefit to a lot or parcel within the boundary of that property subject to benefit assessment to pay a portion the cost of the operations and maintenance or work done in proportion to benefit received. 2. For purposes of determining special benefit to property within the maintenance assessment district,the territory within the district subject to benefit assessment may, but need not, include all, be confined to, or extend beyond, the lots or parcels of real property fronting on any work done or improvement, or be contiguous. 3. Each such lot or parcel by virtue of the riparian rights providing access to the Suisun Bay Channel and New York Slough Channel reaches of the Project incident to ownership of that lot or parcel, or being contiguous to, in common ownership, or through an easement, lease or otherwise.having access to a lot or parcel having riparian rights, or the prior actual or potential use for riparian access directly or indirectly of the Suisun Bay Channel and New York Slough Channel readies of the Project located within the boundaries of the maintenance assessment district is considered to benefit specially from the operations and maintenance or other work done by the County, or the fort as the case may be, acting as the joint non-Federal Local Sponsor of the of the Suisun Bay Channel and New York Slough Channel reaches of the San Francisco Bay to Stockton, California (John F. Baldwin and Stockton Ship Channels)Federal Navigation Project, Avon to Stockton(the"Project"), authorized by the River and Harbor Act of€965 (P.L. 89-298) and completed in 1987, under the Local Cooperation Agreement with the United States of America, acting through the Secretary of the Army executed on May 6, 1982, as amen er or not that lot or parcel is assessed a maintenance assessment under HW:wx.:W tion of Intention adopted by the ,o une 81999°Fthe Board of Directors ( STA COUNTY4NA WATER AGENCYa i }` solution of Intention June 21, €999, the Board of Commissioners of the Stockton Port Resolution of Intention No. respectively, for operations and he Project under the John F. Baldwin(Avon to New York Slough and New York Slough) Channel Maintenance Assessment District 99-1. 4. Under Section 5820 of the Streets and Highways Code, Sections 5904 and 6365 of the Harbors and Navigation Code, and Section 6365 of the harbors and Navigation Code (the "Maintenance District Procedure"), as amended by Article XIIID Section 4-5 of the nys3aRev3 12 Assessment District 1999-1 Contra Costa County Water Agency/Stockton Port District Constitution of the Mate of California, and Sections 53750-53753.5 of the Government Code, the amount of benefit assigned to each lot or parcel of real property in a maintenance assessment district establisher) shall be a fair and reasonable apportionment of the costs of operations and maintenance or other work done incurred by the district in. relation to the special benefit conferred on that lot or parcel over and above any general. benefit conferred in real property located within the district or to the public at lame measured by a reasonable estimate of the enhanced economic value to that lot or parcel. by virtue of that access or actual or,potential use resulting from the operations and maintenance of the navigation improvement or other work done which is financed through a benefit assessment. 5, Incidental or indirect benefit, such as from the required operation and maintenance of the Suisun Bay Channel and New York Slough Channel reaches of the Project in order to permit continuous uninterrupted use of the entire Project by owners of lots or parcels located on or near the Stockton Ship Channel segment of the Project as long as the benefit as to a lot or parcel is special and beyond general benefit is sufficient to justify imposition of a part of the burden of a public improvement on a dot or parcel of land, 6. The estimate of the enhancedd economic value of any lot or parcel resulting from the navigation improvement or other work done shall reflect the highest and best use of that lot or parcel after the completion of the improvement or work done. 7. In the case of a lot or parcel that fronts or otherwise has direct access to the navigation improvement or work done, there is a conclusive presumption of special benefit in proportion to the front-footage and area of that lot or parcel abutting the improvement or work done. 8. In addition, the estimate for each lot or parcel on which a wharf, berth, or terminal facility is located shall reflect the actual historic or potential usage of the improvement by any vessel, the volume, value, and variety of cargo handled, or unproved margin of vessel safety in comparison to the character and level of usage of the parcel before the improvement or work dome or without the operation and maintenance of the improvement. 9. The estimate does not require a determination whether or not any immediate benefit upon the lot or parcel is conferred or usage of the improvement by any vessel results from the completion of the work none or the operation and maintenance of the improvement. 10. In the event the Board of Commissioners of the Stockton fort District determines not to levy a benefit assessment on any such parcel, the Port is considered to have paid an assessment on behalf of that parcel as an omitted parcel under the Joint Exercise of Powers Agreement, and to own that assessment for purposes of any benefit assessment adopted by resolution of intention under that ordinance. 11. The San Francisco Bay to Stockton, California(Suisun Bay Channel and New York Slough Channel) Maintenance Assessment District 99-I, in the discretion of the Board of Directors of the CONTRA COSTA COUNTY WATER AGENCY and the Board of nys3aRev3 13 Assessment District 1999-1 Contra Costa County water Agency/Stockton Port District Commissioners of the Stockton Port District based upon experience in the future, may consist of separate and distinct zones. The operations and maintenance or other work done in one zone need not specially benefit another zone to be subject to benefit assessment on an apportioned basis under the subsequent section.. For purposes of this assessment the district is considered as one zone, and any operations and maintenance or other work performed within the district boundaries is considered to specially benefit all other parcels located within the district boundaries. nys3a.RzO 14 Assessment District 1999-1 Contra Costa County Water Agency/Stockton Port District CO'`V;TRA COSTA COUNTY WATER AGENCY AND STOCKTON FORT DISTRICT SAINT FRANCISCO BAY TO STOCKTON, CALIFORNIA(SUISUN BAY CHANNEL AND NEW YORK SLOUGH CHANNEL)MAINTENANCE ASSESSMENT DISTRICT 1999-1 METHOD OF ASSESSMENT AND SPREAD FACTORS The assessments are apportioned in the following manner: Referring to the Summary Cost Estimate, one hundred percent of the total operation and maintenance costs, including contingency (total= $32,441,000 for 5 years), axe apportioned to all of the parcels, Federal and non-Federal, within the District boundary on the historical basis of acreage in the determination of initial cost allocation as set forth on Schedule A(at end of this Report). Total cost allocation. Because the Federal Government contributes $29,575,000 towards the total operation and maintenance costs well in excess of its ownership of over 62% of the total acreage within District boundaries, its parcels (consisting principally of the Concord Naval Weapons Station property)within the District boundary are assessed at the total value of the proportional Federal financial contribution to total operation and maintenance costs, and the remaining allocation of total costs in the form of statutory local financial contribution to total operation and maintenance costs are apportioned among the non-Federal parcels within the District boundary in the aggregate amount of$2,866,000 on the basis of special benefit received to each of the non-Federal parcels. Therefore, the cost allocation spreadsheet which is reflected in the Assessment Roll is a subset of the total operation and maintenance costs equivalent to the sum of the non- Federal cost allocation to total project operation and maintenance costs. Referring to the Summary Cost Estimate, one hundred per cent of the non-Federal total costs and expenses (total assessed costs and expenses) allocated to the Project's Local Sponsor ($2,866,000 for 5 years) including: (a) the proposed non-Federal portion of costs and expenses of maintenance, repair and operations to be done for the Suisun Bay Channel and the New York Slough Channel by the County as the joint non-Federal Local Sponsor of the San Francisco Bay to Stockton, California(John F. Baldwin and Stockton Ship Channels) Federal Navigation Project, Avon to Stockton(the"Project") or other works supplemental thereto or in replacement thereof and other costs expected to be incurred over the period of one or more maintenance cycles not to exceed five years from date of assessment for each assessment; (b) non-Federal costs and expenses previously incurred and to be incurred for the term of the five year operation and maintenance plan, including the acquisition of lands, easements, and rights-of-way, dredged material disposal areas and retention cakes, bulkheads, and embankments, or the costs of such retaining works, except for additions required solely for development of recreation areas, aids to navigation, and remediation; nys3aRev3 1s Assessment District 1999-1 Contra Costa County Water Agency;Stockton Port District (c) any incidental expenses associated with the improvement, including in the case of a navigation improvement project authorized by Congress any additional required local contribution over the life of the project; and (d)the legal, engineering, and the administrative costs of establishing, and the annual expense of operating the maintenance assessment district, collection of assessments and administration of the public enterprise fund; are to be borne by the non-Federal lots or parcels shown on the assessment diagram reaps and listed in this report with the exception of any hereafter determined to be excluded. Linder the proposed assessment spread formula, the proposed assessment on each parcel assessed is based upon parcel use, its area and waterfront footage and is equal to the: Area(A) of the parcel time an Area weighting factor(W.) plus the Water Frontage (F) of the parcel times a weighting factor(Wf), the sura of which is multiplied times a parcel use factor (U) (A x Wa+ F x Lir) x U=Total assessment where the weight and use factors assigned to each lot or parcel take into account any legal or other impediments affecting the suitability of the lot or parcel to derive special benefit from the operation and maintenance of the Project and the use factor is expressed on a geometric scale depending upon whether a lot or parcel is: (a)waterfront, or contiguous to, or non-contiguous in common ownership with a waterfront parcel or leased waterfront parcel; (b) improved or unimproved; or (c)active or inactive as to navigational use according to the following scale 0 dredged material disposal, farm, residential or recreational 0 all parcels with no active navigation I waterfront contiguous or dependent 2 waterfront with active barge traffic only 5 waterfront active navigation weighting factors used were Wa, =0.5 (area) and Wf = 0.5 (front footage), based upon photo reconnaissance and visual inspection of physical improvements. nys3aRev3 16 �..,.� SIM a ! 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ZZ Z 5 I- G9 i t`3 0 C3 f�3 0 �' i C 1 la CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA(SUISUN BAT CHANNEL AND NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1 ASSESSMENT ROLL OWNER APN COLUMN 1 AS COLUMN 2 AS PRELIMINARILY CONFIRMED AND RECORDED RECORDED OR AS MODIFIED AFTER RECORDING "IST INTERSTATE SAND OF CALIF TR 161-030-004 $0 PO BOX 52085 DC413 PHOENIX, AZ 85072 TOTAL $0 ARS 145-020-013 $0 114 W MENDOCINO STOCKTON, CA 95204 TOTAL $0 ALLIED CHEMICAL CORP 099-030-015 $0 P O BOX 2251R 099-030-016 $0 MORRISTOWN, NJ 79620 099-030-017 $0 099030-026 $0 099-030-027 $0 099-030-025 $0 099-040019 $0 TOTAL $0 ANTIOCH CITY OF 066-010-010 $0 P O BOX 5007 066-010-015 $0 ANTIOCH, CA 94531 066-010-016 $0 066-010017 $0 066-010-018 $0 TOTAL $0 ANTIOCH REDEVELOPMENT AGENCY 065-010-006 $0 P O SOX 130 066-010-006 $0 ANTIOCH, CA 94509 066-010007 $0 TOTAL $0 B S PROPERTY, PTP 133-200-06 $0 923 S ELDORADO ST STOCKTON, CA 95206 TOTAL $0 BANK OF, STOCKTON 145-190-002 $0 PO BOX 1110 STOCKTON, CA 95201 TOTAL $0 nys2arevl 31 CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (SUISUN SAT CHANNEL AND NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT "1999-1 ASSESSMENT ROLL BASIN GROUT•', RTF' 133-380-013 $0 939 W CHARTER WAY 133-380-014 $0 STOCKTON, CA 95206 133-380-015 $0 133-380-016 $0 133-380-017 $0 TOTAL $0 CALIFORNIA PORTLAND CEMENT 073-020-004 $0 2025 E FINANCIAL`JtiY GLENDORA, CA 99740 TOTAL $0 CALIFORNIA STATE OF 037-010-005 $0 100 HOWE AVE. SUITE '100 SOUTH 051-040-044 $0 SACRAMENTO, CA 95825 066-020-009 $0 074-030-016 $0 074-030-097 $0 098-020-022 $0 098-260-004 $0 098-260-005 $0 098-260-006 $0 159-290-021 $0 159-390-032 $0 159-310-033 $0 159-390-034 $0 159-320-008 $0 159-330-002 $0 TOTAL $0 CAMPORA, THOMAS P 133-900-002 $0 PO BOX 4465 133-100-003 $0 STOCKTON, CA 95204 TOTAL $0 CATELLUS DEV CORP 145-190-096 $0 209 MISSION ST 145-930-017 $0 SAN FRANCISCO, CA 94105 TOTAL $0 CC WATER DISTRICT 096-100-022 $0 P O BOX H2O CONCORD, CA 94524 TOTAL $0 nys2arev€ 32 CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (SUISUN BAT CHANNEL AND NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-9 ASSESSMENT ROLL COLBERG BOAT WORKS 133-060-006 $0 PO BOX 1288 133-090-007 $0 STOCKTON, CA 95201 TOTAL $0 DOMTAR GYPSUM AMERICA INC 065-020-006 $31,334 133 NE PEACHTREE ST 33RD FL 065-020-008 $150,833 ATLANTA, GA 30303 TOTAL $182,167 COW CHEMICAL COMPANY 066-010-012 $74,161 US AREA TAX-APB BLDG 073-220-008 $133,454 FREEPORT, TX 77541 073-220011 $8,331 073-220-017 $33,417 073-220-018 $24,974 073-220-028 $263,454 073-220-029 $76,925 074-030-002 $86,636 074-030-003 $2,999 074-030-013 $284 074-030-014 $521 074-030-015 $51,006 096-100-029 $28 096-100-023 $26 TOTAL $756,217 DURAFLAME INC 133-060-004 $0 2005 W WASHINGTON ST 133-060005 $0 STOCKTON, CA 95203 TOTAL $0 E I DU PONT DE NEMOURS & 037-020-005 $0 P O BOX 1267 037-020-006 $0 PONCA CITY, OK 74602 037-030004 $0 037-030-005 $0 TOTAL $0 EQUILON ENTERPRISES LLC 161-030-002 $0 PO BOX 4642 HOUSTON, TX 77210 TOTAL $0 FLEMING VIRGINIA H TRE 051-040-023 $0 415 FLEMING LN nys2arev1 33 CONTRA COSTA COUNTY WATER AGENCY ANIS STOCKTON PORT DISTRICT SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (SUISUN BAT CHANNEL AND NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1 ASSESSMENT ROLL ANTIOCH, CA 94509 TOTAL $0 FONTANA DAVID A &THELMA L TRE 037-020-002 $0 27 PARK LN ANTIOCH, CA 94509 TOTAL $0 FREDERICKS ANGELINE L F TR 065-010-002 $0 P O SOX 400 065-010-009 $0 ANTIOCH, CA 94509 TOTAL $0 GAYLORD CONTAINER CORPORAT 051-020-006 $473 500 LANCE COOK RD#400 051-020-012 $143,303 DEERFIELD, IL 60015 051-031-003 $26 051-031-004 $73 051-031-005 $129,539 051-031-007 $55 051-031-013 $57,631 051-032-009 $177 TOTAL $331,276 GENERAL CHEMICAL CORPORATI 099-030-013 $0 90 E HALSEY RD 099-030-019 $0 PARSIPPANY NJ 70540 099-030-025 $0 TOTAL $0 GIBSON WALLACE &JUDITH TRE 051-040035 $0 P O BOX 1105 051-040-047 $0 SAN CARLOS, CA 94070 TOTAL $0 GWF POWER SYSTEMS L P 073-020-019 $0 2.25 LENNON LN#120 WALNUT CREEK, CA 94596 TOTAL $0 H F L.AURITZEN LAN® COMPANY 037-160-009 $0 P O BOX 97 037-180-010 $0 OAKLEY, CA 94561 TOTAL $0 IMPERIAL WEST CHEMICAL CO 051-020-009 $0 P O BOX 696 051-020-010 $0 ANTIOCH, CA 94509 nys2arev1 34 CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO SAY TO STOCKTON, CALIFORNIA (SUISUN BAT CHANNEL AND NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1 ASSESSMENT ROLL TOTAL $0 ISLE CAPITAL CORPORATION T 073-020-020 $258 535 MAIN ST#202 073-020-022 $127,040 MARTINEZ, CA 94553 073-030-007 $35 TOTAL $127,333 JOHNS MANVILLE PRODUCTS CO 073-010-007 $0 P O BOX 17056 073-010-003 $0 DENVER, CO 80217 TOTAL. $0 KEMWATER NORTH AMERICA CO 051-010-006 $0 2185 N CALIFORNIA BL#500 051-010-007 $0 WALNUT CREEK, CA 94596 051-020011 $0 TOTAL $0 KIEWIT CONSTRUCTION GROUP 051-040-073 $10,713 1000 KIEWIT PLZ OMAHA, NE 68131 TOTAL $10,713 KLEE STEPHEN M &JOANN C TRE 051-040-048 $0 P O BOX 1105 051-040-049 $0 SAN CARLOS, CA 94070 TOTAL $0 LAURITZEN CHRISTIAN A III & MARGAR 037-010-001 $0 115 LAURITZEN LN 037-010-003 $0 ANTIOCH, CA 94509 037-010-004 $0 TOTAL $0 LEE, KAN LAN TR 133-380-011 $0 2.920 CANAL DR STOCKTON, CA 95204 TOTAL $0 MARITIME BUSINESS PARK 159-310-030 $0 115 COLE ST 159-310-031 $0 SAN FRANCISCO, CA 94117 OTAL $0 MARTINEZ CITY OF 159-310-005 $0 525 HENRIETTA ST nys2arevl 35 CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO SAY TO STOCKTON, CALIFORNIA (SUISUN SAT CHANNEL AND NEW YORK SLOUCH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1 ASSESSMENT ROLL MARTINEZ., CA 94553 TOTAL $0 MCCORMICK&, BAXTER CREOSCO 145-200-001 $0 P 0 BOX 3043 PORTLAND, OR 97208 TOTAL $0 PACIFIC GAS & ELECTRIC CO 051-010-008 $0 P 0 SOX 770000 051-010-009 $0 SAN FRANCISCO, CA 94177 051-031-012 $0 051-040-001 $0 051-040-046 $0 051-040-069 $0 051-040-071 $0 073020-013 $0 085-010-006 $0 085-010-009 $0 085-010-011 $0 085-010-012 $0 085-010-013 $0 096-100-001 $0 096-100-004 $0 096-100-010 $0 096-100-015 $0 096-100-016 $0 096-100-020 $0 098-250-013 $0 098-260-001 $0 TOTAL $0 PITTSBURG CITY OF 073-042-023 $0 2020 RAILROAD AVE 085-010-010 $0 PITTSBURG, CA 94565 085-020-003 $0 085-020-004 $0 085-030-006 $0 085-290-001 $0 TOTAL $0 RIVERSIDE CEMENT CO 145-020-012 $0 PO SOX 4904 DIAMOND BAR, CA 91765 TOTAL $0 nys2arevl 36 CONTRA COSTA COUNT'WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (SUISUN BAT CHANNEL AND NEW YORK SLOUCH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1 ASSESSMENT ROLL SHORE TERMINALS LLC 159-310-018 $921 550 S HOPE ST#2100 159-310-021 $2,210 LOS ANGELES, CA 90071 159-310-023 $13,646 159-330-004 $51,179 TOTAL $67,956 SPORTSMEN INC 051-040-065 $0 3301 WILBUR AVE ANTIOCH, CA 94509 TOTAL $0 STAUFFER CHEMICAL COMPANY 159320-003 $0 1 CORPORATE DR 159-320-004 $0 SHELTON, CT 64640 159-320-009 $0 TOTAL $0 STOCKTON PORT MST 069-040-026 $0 P O BOX 2069 071-030-002 $0 STOCKTON, CA 95201 071-050-006 $0 071-060-001 $0 074-010-002 $0 074-010-003 $0 129-020-001 $0 129-030-010 $0 129-110-002 $0 129-120-001 $0 131-020-003 $0 931-220-007 $0 131-220-025 $0 131-230-001 $0 131-230-002 $0 131-230-003 $0 131-360-001 $0 131-380-002 $0 131-360-003 $0 131-360004 $0 131-380-006 $0 133-390-020 $0 133-390-021 $0 133-390-022 $0 135-080-006 $0 135-100-002 $0 145-020-004 $463,973 145-020-005 $104,287 145-020-007 $156 145-020-008 $0 nys2arevl 37 CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (SUISUN BAT CHANNEL AND NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1 ASSESSMENT ROLL 145-020-009 $37 145-020-014 $5 145-030-001 $1,622 145-030-009 $3,983 145-030-010 $170 145-050.001 $0 145-050-002 $0 STOCKTON PORT DIST, CON7D 145-080-001 $0 145-080-005 $0 145-080-006 $0 145-080-016 $0 145-080-327 $0 145-160-034 $0 145-190-008 $40,594 145-220-004 $0 145-220-051 $0 145-240-004 $0 145-240-016 $0 145-240-032 $0 145-240-044 $0 TOTAL $634,825 SULLIVAN, ROBERT& DAWN 161-030-003 $0 5537 E MORALA LN STOCKTON, CA 95212 TOTAL $0 TIDEWATER SAND & GRAVEL 159-310-029 $583 4501 TIDEWATER AVE OAKLAND, CA 956101 TOTAL $583 TOCCOLI, A F 135-110-016 $0 705 S CALIFORNIA ST 135-110-017 $0 STOCKTON, CA 95203 TOTAL $0 TOSCO CORPORATION 073-010-011 $92,396 P O BOX 52085 073-010-012 $39,129 PHOENIX, AZ 85072 073-041-006 $1 159-010-005 $1,852 159020-001 $3,163 159-040-048 $142 159-100-008 $510 159-100028 $27 159-120-001 $51 nys2arev'; 38 CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (SUISUN SAT CHANNEL ANIS NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1 ASSESSMENT ROLL 159-120-006 $7 159-120-007 $60 159-120-016 $821 159-120-098 $630 159-120-019 $90 159-120-022 $4,940 159-120-023 $1 159-120-030 $271 TOSCO CORPORATION, CONT`D 159-120-031 $968 159-130-006 $400 159-130-017 $733 159-130-027 $3,775 159-130-028 $1,795 159-260-008 $2 159-260-013 $2,929 159-260-014 $93 159-270-005 $754 159-270-006 $6,706 159-280-010 $155,217 159-280-011 $81,547 159-290002 $51,400 159-290-002 $4,067 TOTAL $454;477 TROST JOYCE L 098-020-023 $0 10 CALVIN CT 098.020-025 $0 ORINDA, CA 94563 098-020-026 $0 TOTAL $0 UNION ICE LTD PARTNERSHIP 145-190-015 $0 6100 SHEILA ST 145-190-014 $0 LOS ANGELES, CA 90040 145-190-013 $0 TOTAL $0 UNITED STATES OF AMERICA 051-010-005 $0 450 GOLDEN GATE AVE 065-020-001 $0 SAN FRANCISCO, CA 94102 065-020-003 $0 098-010-006 $0 098-010-007 $0 098-010-008 $0 098-010-009 $0 098-010-010 $0 098-130-010 $0 098-130-016 $0 098130-017 $0 099-020-001 $0 nys2arev1 39 CONTRA COSTA COUNTY!MATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA(SUISUN SAT CHANNEL AND NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1 ASSESSMENT ROLL 099-030-007 $0 099-030-003 $0 099-030-010 $0 099-040-012 $0 099-040-014 $0 099-050-001 $0 099-050-002 $0 099-050-003 $0 099-050-004 $0 UNITED STATES OF AMERICA, CONT'D 099-061-022 $0 099-070-014 $0 099-070-015 $0 099-030-003 $0 099-080-007 $0 099-080-008 $0 099-080-009 $0 099-090-008 $0 099-090-041 $0 099-090-042 $0 099-090-043 $0 099-100-003 $0 099-100-004 $0 099-100-005 $0 099100-006 $0 099-100-007 $0 099-100-008 $0 099-110-001 $0 099-110-003 $0 099-110-004 $0 099-110-009 $0 099-110-014 $0 099-110-015 $0 099-110-022 $0 099-110-029 $0 099-120-001 $0 099-120-005 $0 099-120-006 $0 100-010-001 $0 100-010-002 $0 100-020-002 $0 100-030-002 $0 100-040-001 $0 100-040-002 $0 100-050-002 $0 100-050-003 $0 100-050-005 $0 nys2erevl 40 CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO SAY TO STOCKTON, CALIFORNIA (SUISUN SAT CHANNEL AND NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1 ASSESSMENT ROLL 100-050-010 $0 100-050-012 $0 100-050-013 $0 100-050-014 $0 100-060-005 $0 100-060-007 $0 100-060-009 $0 100-060-015 $0 100-060-017 $0 100-070-003 $0 UNITED STATES OF AMERICA, CONT'D 100-080-003 $0 100-090-004 $0 100-230-003 $0 100-230-020 $0 100-230-021 $0 100-250-003 $0 100-250-005 $0 100-260-001 $0 100-260-002 $0 100-260-003 $0 100-270-002 $0 100-280-002 $0 100-280-023 $0 100-280-024 $0 100-295-003 $0 100-370-002 $0 100-370-005 $0 100-390-006 $0 100-390-007 $0 111-010-006 $0 111-010-012 $0 111-010-014 $0 111-010-017 $0 159-010-004 $0 159-040-003 $0 159-040-004 $0 159-260-010 $0 159-270004 $0 159-290-020 $0 TOTAL $0 USS POSCO INDUSTRIES 073-020-007 $16,310 P O BOX 471 073-020-012 $4,822 PITTSBURG, CA 94565 073-020-014 $20,500 073-020-015 $1 073020-016 $1 nys2arevl 41 CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (SU€SUN BAT CHANNEL AND NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1 ASSESSMENT ROLL 073-210-008 $253,744 073-210-017 $12 073-210-018 $3 073-030-012 $1,570 073-210-031 $3,459 TOTAL $300,451 WAGNER LAND COMPANY 133-200-003 $0 311 E FAIN ST SUITE 500 133-200-004 $0 STOCKTON, CA 95202 133200-005 $0 133-210-004 $0 TOTAL $0 WICKLAND OIL MARTINEZ L P 159-310-024 0 P O BOX 13648 , CA 95853 TOTAL $0 ORAN03 TOTAL $2,866,000 nys2aravl 42 Assessment District 99-1 Contra Costa County'mater Agency/Stockton Port District CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRAN-CISCO BAY TO STOCKT©N, CALIFORNIA(SUISUN EAS'CHANNEL AND --NEW YORI{ SLOUGH CHANNTL) MAINTENANCE ASSESSMENT DISTRICT 1999-1 DESCRIPTION CP LANDS, EASEMENTS OR.AGREEMENTS TO BE ACQUIRED (Description and criteria to be supplied including assumptions---amended LCA for upland, upland disposal site use, DWR agreement etc) nys3 bRev2 43 Assessment District 99-1 Contra Costa County Nater Agency/Stockton Port District CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA(SUISUIN BAY CHANNEL AND NEW YORK SLOUGH CHANNEL)MAINTENANCE ASSESSMENT DISTRICT 1999-1 BOUNDARY MAP Reference is made to the Boundary Map of the San Francisco Bay to Stockton, California(Suisun Bay Channel and New York Slough Channel)Maintenance Assessment District 99-1 recorded in Book of Maps of Assessment and Community Facilities District at Page in the Office of the County Recorder in San Joaquin County, in Book of Maps of Assessment and Community Facilities District at Page in the 0 c of the County Recorder in Contra Costa County, a copy of which map is attached and incorporated by reference hereto. nys3bR ev2 44 Assessment District 99-1 Contra Costa County Water Agency/Stockton Port District CONTRA COS'T'A COUNTY NATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA(SUISUN BAY CHANNEL A' '-D NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1 ASSESSMENT DIAGRAM Reference is made to the Assessment Diagram in the assessment proceedings on file in the office of the Secretary of the Stockton Port.District, and the Clerk of the Board of Supervisors of Contra Costa County, a copy of which is attached and incorporated by reference hereto. nys3bRev2 45 Assessment District 99-1 Contra Costa County Water Agency/Stockton Port District CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA(SUISUN BAY CHANNEL AND NEW YORK SLOUGH CHANNEL)MAINTENANCE ASSESSMENT DISTRICT 1999-1 CERTIFICATES I. I, the Secretary of the Stockton Port District, certify that the Assessment and Assessment Roll in the Engineer's Report, in the amounts set forth in Columns (1) of each, with the Assessment Diagram attached, was filed with nye on 1999. Yvonne R. Ishmoto, Secretary Stockton Port District wk 2. I, the Clerk of the Board of Supervisors of the that the Assessment and Assessment Roll in the Engineer°; `'' <<' >rth in Columns I of each, with the Assessment Dia ray ,� k ` �: `�:#` son 1999. Phil Batchelor, Clerk Board of Supervisors of the County of osta 3. 1 have prepared this Engineer's r�epj- that the amounts set forth in Column(2) under Engineer's Estimate on p ,- r v tled "Assessment", and the individual amounts in Column(2) ofti es3 >.. e been computed by e in accordance with the Resolution of Inter do � 9 Eur -d e s of the CONTRA COSTA COUNTY WATER.A. :4 cny =9 he Resolution of Intention No. 99- adopted b s Stockton Port District on ) 1999. Michael H. Cheney, P.E. Engineer of Work 4. 1, the Secretary of the Stockton Port District, certify that the Assessment in this Engineer's Report the individual amounts in Column(2) of the Assessment Roll was approved and confirmed by the Board of Commissioners of the Stockton Port District on 1999 by Resolution No. 99- Yvonne R. Ishrnoto, Secretary Stockton fort District nys3bRev2 46 Assessment District 99-1 Contra Costa County Water Agency/Stockton.Port-District 5. I, the secretary of the Board of Directors of the County of Contra Costa Water agency, certify that the Assessment in this Engineer's Report the individual amounts in Column(2) of the Assessment Roll was approved and confirmed by the Board of Directors of the County of Contra Costa Water Agency on 1999 by Resolution No. 99- Phil Batchelor, Secretary Board. of Directors of the County of Contra Costa Water Agency 6. A Notice of Assessment was recorded and the Assessment Diagram was filed in the Office of the County Recorder of San Joaquin County, California on 1999. Yvonne R. Ishmoto, Secretary Stockton Port District 7. A Notice of Assessment was recorded and the Assessment Diagram was filed in the Office of the County Recorder of the County of Contra Costa, California on 1999. Phil Batchelor, Clerk Board of Supervisors of the County of Contra Costa nys3bRev2 47 a o o a c n a o o a o a o 0 t'+ d"3 r 113 CD r Lot to W CD Cl N3 14a O d43 C4 0 as 141 r 0 O 6 d7d 0 "a � a M 113 1[3 r f` 04 r W 143 M 4= 0 et tX3 r` d'"3 00 60 m 413 01 t`. O m 0 CD rCl 00 r o O S9 i- N m w p O to 1- 00 C4 r° 00 41.4- le V) db m r- L 40). d!t z cu r a 3 >% all p �✓ � i43 t`` r dab C3 6"3 '+�' t+. � r' �b M � 4� , CD BzJ 143 141 CDS t43 8`a � d� fid d"S C'� C�1 cl v! 't° E < 0 432 +� CJS N d'3 r 8d t`? 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(n4�71154 "$ ; 5 'v , v P C4 S 14 � a CIA � g � �' iP JVIAa r u N t¢ to t3 h7 um Oil Y ur il SA`'�I FRAI-CISCO BAY TO STOCKTON, CALIFORNIA (SUISUN BAY CHAN�'EL AND NEW YORK SLOUGH CHANNEL) MA1NTEi�r�'VTCE ASSESSMENT DISTRICT 1999-1 IMPORTANT-PROPERTY OWNER BALLOT This ballot is for the use of the property owner of the parcel identified below,which parcel is located within the proposed maintenance assessment district identified above.Please advise the Board Secretary (923)335-1900 if the nacre set forth below is incorrect,or if you are no longer the owner of this parcel. This ballot may be used to express either support for or opposition to the proposed maintenance assessment district. In order to be counted,this ballot must be signed in only one of the spaces below by an owner or,if the owner is a partnership or a corporation,or governmental entity subject to assessment by an authorized representative of the owner. The ballot must then be delivered to the Board Clerk either by mail or in person,as follows: Mail Delivery. If by mail,place in the return envelope provided,provide stamps for first class postage and place in the mail not later than September 10, 1999.Mailing later than this date creates the risk that the ballot way not be received in time to be counted. Personal Delivery. If in person,hand deliver to the Board Secretary at any time up to 9:00 a.m.on September 14, 1999 at the Clerk's Office for the Board of Supervisors at 651 Pine Street,Martinez CA 945530095,or at the protest hearing itself on that date at(65IPine Street Martinez CA 94553-0095). However delivered,the ballot must be received by the Board Secretary prior to the close of the public hearing to be counted.Any Ballot previously delivered may be revoked or changed by delivering a written request for such revocation or change to the Board Secretary at any time prior to the close of the public hearing. BALLOT Tax Parcel number: (Field. 1) Owner Name: (Field 2) Votes Cast(Assessment Amount): (Field 3) (sign in only one space) I SUPPORT the proposed San Francisco Bay to Stockton, California(Suisun Bay Channel and new York Slough Channel) Maintenance Assessment District 1999-1 (using approximately 100%federal funds)for operation and maintenance and assessment district funds for cost-sharing of upland disposal sites and related improvements for the assessment,which may not exceed the amount set forth above on the parcel identified,to pay the local share of the cost of operation and maintenance of the Project. Support: Owner's Signature I am OPPOSED to the proposed San Francisco Bay to Stockton, California(Suisun Bay Channel and New York Slough Channel) Maintenance Assessment District 1999-1 (using approximately 100%federal funds)for operation and maintenance and assessment district funds for cast-sharing of upland disposal sites and related improvements and the assessment to pay the local share of the cost of operation and maintenance of the Project. Oppose: Owner's Signature :. s ;, i $Y b } ' { r'f S: f{ } y _ �: rv.�} { { { C 2Yn$'s.^ .tt \ i i ^. .4. ' i y r r /. ° : r� 3. d X f• Jl,�r, ? ;d.?'2. .4. Hy,L .� : " Y / a, LasEYk E� . t .. \ { 4 x r f r t y f ::say a } . t ¢x � r r ?: :f \ ' ` � # . .. .. ,: :>. _'{ so-• 9 J 45[ 2 . a r �' p— -y�S f 7"}�a y,s " I�/rt.a. sL. .',. a 'l+nay,✓...5eta++SV^++u ..,. 'S p vt��yyJq� >. -s'�.' j . J 1 ; Y 1 t,} J r4 s >•4 f, f*� } R\ s,{ L r $ 23e?h x.: rth.{+we�4w. '"�•Yw. }....: !' {r. f •• .'. Lz:+�e+ j�]�[ y�> :.,h h. 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ES ENT DISTRICT, 999- CONTRA COSTA COUNTY WATER AGENCY AND KTON PORT DISTRICT UNDER JOINT EXERCISE OF POWERS AGREEMENT COUNTY OF CONTRA COSTS STATE OF CALIFORNIA t __ _ M.. r pd Y Y =: x w M. fix' .... !!roeex i 4. r S :. -. I ..•: Ai rt :fi 2 Y Y � v: h , : r 199 t s hour'of d . in So �i�1 trr1� gay of M MM, _, 1,919-1 at the unity inti i Istrtl at Page in the mire of Of Maps of Assasamen€'and Commune Facilities I J q n'its of caiftmwat the west of the Stockton than minty Recorder In theCounty of Contra sta,'state of Costa County Water Agency. Fee', CountyRecordef of San Joaquin Cou* Staff Of Calffamia By: Assistant Dwuty Recorder I& Port District,this th day of�. , 19f)9. < Hied in the,Offithe Clerk,Board of!Supervisors,Gaunt, Yvonne R. i-shi oto,Swetsry Stockton Port District i b-oundaries of the San Francisco Say to Stockton,California € � i3i e � f tCsnnai)Mainters Assessment District ier jvrrt Exercise ofPowers reement,County of Cori, (Su4un Say Cham and Now York SIough, Charm),k intf `hs_Board of Cornml4sionamof the Stockton Pod District at: Coup Water Agency and"StockWftrt District rider Join€ y of 1999by its Resolution bio_Nµ costaY State of camp ia,was appfaved by the Board of Dir Agency at a regular meeting thereof,hold on tip 22 y t Yvonne Rv Whimota, Secretary Stockton Por°t District >I I 11 :1 11 I I . I . I ,. : I I . I I I I 1.11 , I I : I . I . I I . . I I I I I I I I I I � . 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