HomeMy WebLinkAboutMINUTES - 04132010 - C.17RECOMMENDATION(S):
APPROVE, as the Governing Body of the Contra Costa County Flood Control and Water
Conservation District (District), and AUTHORIZE the Chief Engineer, or designee, on
behalf of the Contra Costa Clean Water Program, to:
(a) Execute a Stormwater Utility Area Agreement between the District and the City of
Richmond;
and
(b) Execute the Second Amendment to the Stormwater Utility Area Agreement between the
District and fourteen (14) municipalities: Antioch, Clayton, Concord, Danville, El Cerrito,
Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pittsburg, Pleasant Hill, and San
Ramon.
FISCAL IMPACT:
There will be no impact to the General Fund. Pursuant to the SUA Agreement, inspection
services provided by the sanitary districts will be funded with stormwater utility fees
collected by the District on behalf of the fourteen participating municipalities and with fees
paid by the City of Richmond.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 04/13/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: (925) 313-2194
Michelle McCauley
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: April 13, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C. 17
To:Contra Costa County Flood Control District Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:April 13, 2010
Contra
Costa
County
Subject:Stormwater Utility Area (SUA) Agreement with City of Richmond; and Second Amendment to SUA
Agreement with fourteen (14) municipalities
BACKGROUND:
The San Francisco Bay and Central Valley Regional Water Quality Control Boards require
municipalities in the Contra Costa Clean Water Program to conduct an industrial and
commercial business inspection activities and illicit discharge control inspection activities
program (Inspection Program). These inspections are mandated by the Joint Municipal
National Pollutant Discharge Elimination System (NPDES) Stormwater Permit issued to the
municipalities. The inspections are intended to substantially reduce or eliminate pollution
from urban stormwater runoff.
The District collects and administers Stormwater Utility Area (SUA) assessments, the
funding source for the Contra Costa Clean Water Program (also known as NPDES
stormwater control activities) for the cities and the unincorporated area of Contra Costa
County. The SUA Agreement previously approved by the fourteen participating
municipalities (Antioch, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette,
Martinez, Moraga, Oakley, Orinda, Pittsburg, Pleasant Hill, and San Ramon) sets forth the
responsibilities of the municipalities and the District regarding the collection,
administration, distribution, and expenditure of SUA assessment monies. With respect to
the Inspection Program, the existing SUA Agreement authorizes the District, on behalf of
the participating municipalities, to enter into an Inspection Agreement with Delta Diablo
Sanitation District, Central Contra Costa Sanitary District, and East Bay Municipal Utility
District for the sanitary districts to carry out the inspections required by the Regional Boards.
The fourteen participating municipalities wish to amend the existing SUA Agreement to
approve a revised Inspection Agreement with the sanitary districts. The Inspection
Agreement has been revised to extend the agreement term, to modify the procedure for
formal enforcement actions, and to clarify the scope of the indemnification provisions. As
revised, the Inspection Agreement will continue indefinitely (subject to termination by any
party upon 180 days' notice) and will be subject to periodic review by the District every two
years.
In addition, the City of Richmond (Richmond) has decided to join the Inspection Program
and to enter into an SUA Agreement with the District on the same terms as the above
fourteen participating municipalities. Since SUA assessments are not levied and collected
within Richmond, Richmond will fund its share of the inspection activities through fees paid
directly to the District under the SUA Agreement.
District staff recommends that the Board approve the Second Amendment to the existing
SUA Agreement with the fourteen participating municipalities and approve the new SUA
Agreement with Richmond. Such approval is necessary to enable the District to carry out the
Inspection Program on behalf of the fourteen participating municipalities and Richmond.
CONSEQUENCE OF NEGATIVE ACTION:
If the Inspection Program is not implemented, the San Francisco Bay and/or Central Valley
If the Inspection Program is not implemented, the San Francisco Bay and/or Central Valley
Regional Water Quality Control Boards may fine the Contra Costa Clean Water Program
permittees (municipalities, County, and District) for not conducting inspections as required
in the joint regional NPDES Permit. The Regional Board has the authority to fine permittees
in the Contra Costa Clean Water Program up to $10,000 per day and $10 per gallon of
discharge for non-compliance with the permit.
CHILDREN'S IMPACT STATEMENT: