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HomeMy WebLinkAboutMINUTES - 02021993 - WC.1 . WCA /TO.: BOARD OF SUPERVISORS - Contra FROM: WATER COMMITTEE SUPERVISOR SUNNE MCPEAK, CHAIR Costa SUPERVISOR TOM TORLAKSON County DATE: FEBRUARY 2, 1993 SUBJECT: REPORTS ON TRI-VALLEY WASTEWATER AUTHORITY LONG-RANGE MANAGEMENT PLAN FOR THE LIVERMORE-AMADOR VALLEY; BALDWIN SHIP CHANNEL MAINTENANCE IN EAST COUNTY; FISH AND WILDLIFE- COMMITTEE. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Direct the Community Development Department to monitor the Tri-Valley Wastewater Export issue, and report to the Water Committee when action is initiated regarding export alternatives. 2 . Authorize Chair to co-sign a letter with the Port of Stockton to the Army Corps of Engineers requesting amendment of the existing Local Cooperation Agreement to allow County sponsorship for maintenance of the Baldwin Ship Channel in the east County area. 3 . Direct Water Committee staff to continue to meet with the Fish and Wildlife Committee on the proposed wetlands ordinance and related wetlands matters. BACKGROUND/REASONS FOR RECOMMENDATIONS 1. On October 61 1992, the Board referred to the Water Committee material submitted by John Nejedly on the Tri-Valley Wastewater Authority (TWA) proposal for export of sewage. The proposal, listed as the preferred alternative in a recent EIR, would allow for up to 40 million gallons per day (wet weather capacity) of sewage from the tri-valley area to be treated by the Central Sanitary District, with disposal to Suisun Bay. CONTINUED ON ATTACHMENT: xx YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : Supervisor Sunne McPeak, Chair Supervisor Tom Tor akson ACTION OF BOARD ON APPROVED AS RECOMMENDED �! OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS THE DATE SHOWN. Contact: Roberta Goulart (510/646-2071) ATTESTED 9 y cc: Community Development Dept. (CDD) PHIL BATCHE OR, CLERK OF 1 County Administrator THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR l RGigms wa2:\bo\2-2-93.WC1 BY , DEPUTY Reports on Tri-Valley Wastewater Authority; Baldwin Ship Channel; and Fish & Wiidlife Committee Continued - Page Two In 1987 the TWA Board certified an Environmental Impact Report (EIR) which included wastewater export to the East Bay Municipal Utility District (EBMUD) for treatment and disposal to San Francisco Bay. Litigation ensued, resulting in TWA Board revocation of its earlier selection of the preferred alternative. EBMUD is no longer willing to accept wastewater. A subsequent EIR has been prepared, addressing Court requirements, and updating available alternatives. The subsequent EIR was certified in October 1992 . The subsequent EIR evaluates 3 treatment and disposal alternatives. The preferred alternative consists of export to Central Sanitary for treatment and disposal to Suisun Bay. The second alternative includes in-valley treatment and disposal through an existing outfall to San Francisco Bay. The third alternative consists of treatment and disposal via a new outfall (in the same area as the existing one) to San Francisco Bay. The Water Committee considered this issue during the meeting on January 25, 1992 , hearing background and detail on the project, and Mr. Nejedley's concerns. In that the TWA. Board is currently ' reviewing their options, the Water Committee recommends that the issue be monitored until such time as the TWA Board decides to go forward with the one of the above- mentioned alternatives. 2 . The Baldwin Ship Channel Project, authorized in 1965, provided for ship channel deepening operations from San Francisco to Stockton. The Stockton portion (Avon to Stockton) , was completed in 1987 . The Stockton Port District assumed the local sponsorship role for this portion of the project. In June of 1992 , the Stockton Port District declared their intention to form an assessment district to provide funding for maintenance dredge disposal operations. Public hearings on establishment of the assessment district were held from July through September 1992 . Industry located within Contra Costa County which uses the down-stream portion of the channel was included in these assessments. Industry was not content with this arrangement for a number of reasons, and have hired legal counsel. The down-stream portion of the channel is maintained by the Corps' San Francisco District, which disposes of dredged materials in-bay, with total costs incurred by the Corps at this time. Industry was concerned that as part of this assessment district, they would be responsible for a disproportionate share of associated costs. Industry indicated a preference to work with Contra Costa County rather than be assessed through San Joaquin County, and has requested County involvement, via County assumption of local sponsorship responsibility for the portion' of the Ship Channel located within County boundaries. During their September 14 , 1992 hearing on this matter, the Port agreed to the concept of split responsibility, and gave the County 6 months to accomplish local sponsorship for the County portion. of the channel. . A 3-month progress report was provided by the County to the Port on December 21, 1992 . At that time, Supervisor Torlakson requested that a formal letter be sent from the County and the Port to the Corps, to help expedite this process. The Port of Stockton has provided a letter and proposed amendments to the existing Local Cooperation Agreement (LCA) for County review. The Port has asked that the County attempt to continue to accomplish local sponsorship responsibility within the original 6-month time-frame, which ends March 15, 1993 . Reports on Tri-Valley Wastewater Authority; Baldwin Ship Channel; and Fish & Wildlife Committee Continued - Page Three The Water Committee recommends that if County Counsel concurs, the Chair shall sign the letter of request along with the Port of Stockton and transmit this letter and the amended LCA to the Army Corps of Engineers for their consideration. 3 . During the fiscal year 1992/93 budget considerations, staffing (and funding) for several committees and projects was eliminated. Staff support for the Fish and Wildlife Committee was included in those cuts. Since that time, staff has been attending some meetings of this Committee, at the request of Water Committee members. Given the Fish and Wildlife Committee's long history of involvement in wetlands issues, the Water Committee recommends that staff continue to participate with the Committee on wetlands issues, particularly while work continues on the proposed wetlands ordinance. Any meetings of the Committee would begin directly after Water Committee meetings in order to minimize staff time needed for this purpose. RG:gms wa2:\bo\2-2-93.WC1 E. Community Contra Harvey of ommu n Director of Community Development Development Costa .Department County Administration Building 651 Pine Street 4th Floor, North Wing .•,� SE;` .,o, Martinez, California 945530095 Phone: °�syA_court' c' January 8, 1993 INTERESTED PARTIES: On December 21, 1992, Contra Costa County provided a progress report to the Port of Stockton on status of County efforts to establish local sponsorship of maintenance activities for the Baldwin Ship Channel between Avon and New York Slough. At this meeting the County requested that a formal letter of request be made to the Corps, and to aid in expediting this process, the letter should come from the County and the Port. The Port of Stockton saw the merit of this approach, and agreed to a joint letter. The Port also requested that the County make every effort to adhere to the 6-month timelime originally stipulated by the Port during their hearing on September 14, 1992 . Larry Mallon, an Attorney under contract with the Port of Stockton, volunteered to write a letter to the Army Corps of Engineers, Sacramento District. This letter is attached. In addition, Larry has provided suggested amendments to the Local Cooperation Agreement currently between the Corps and the Port, to allow for Contra Costa County local sponsorship activity. Your comments on the proposed letter and amended LCA are important, and due to the strict timeline, we would appreciate receiving your input in our office by January 22, 1993, latest. This will allow for a timely response to Larry Mallon, and then to the Corps. Please review the attached, and provide comments to Charles Zahn, Contra Costa County Community Development Department. Charles will be the primary contact for the County, as I will be on vacation until January 25, 1993. Charles Zahn can be reached at (510) 646- 2096, and the fax number is (510) 646-1309 . Sincerely, Roberta Goulart Senior Planner 01/07/92 11s00 MALLON LAW OFFICES 1-714-968-0064 p. 004 i January , 1993 Col. Lawrence R. Sadoff USA District Engineer Sacramento District, Corps of Engineers 1325 "J" Street Sacramento CA 95814-2992 Dear Col. Sadoff, This undersigned entities jointly request a modification of the existing Local Cooperation Agreement (the "Agreement" ) between the Sacramento District and the Stockton Port District executed on May 6, 1982 for the San Francisco Bay to Stockton, California (John -P. Baldwin and Stockton Ship Channels) Project„ Avon to Stockton (the "Project" ) completed in 1984 substantially in the form attached and incorporated by reference (the "Modification" ) to reflect the addition of Contra Costa County as an additional Local Sponsor for the future maintenance of the Project. ' The effect of the proposed modification is to bifurcate local cooperation responsibilities between the District and the County concerning the future maintenance of the Project with the County assuming those responsibilities within the territorial boundaries of Contra Costa County, and: the District continuing to exercise those responsibilities for the remainder of the Project. As both parties have authority and capability to furnish the non-Federal local cooperation required under Federal law in consideration of Federal maintenance of the Project, no diminution of responsibility for local cooperation will result from the proposed modification. You may recall that prior to the execution of the original Local Cooperation Agreement for the Project by the Stockton Port District, both Contra Costa County and the Stockton Port District were project proponents and at one time contemplated joint execution of that Agreement. However, for whatever reasons applicable at that time that did not occur. Since then, as the Local Sponsor, the Stockton Port District has expended its own funds, among other things, for the acquisition, improvement, and maintenance of dredged material disposal sites in consideration of the construction and continued maintenance of the Project, including the Avon, Suisun Bay, and New York Slough channel reaches located wholly within Contra Costa County. In anticipation of periodic and additional maintenance dredging scheduled to occur in 1994 and, in particular, cognizant of increasingly stringent requirements applicable to the disposal of dredged material in the San Francisco Bay area that might preclude continuing aquatic 01 /07/92 11 :01 MALLON LAW OFFICES 1-714-968-0064 p. 005 disposal of material at the existing Suisun Bay site for material dredged from the lower reaches of the Stockton Ship Channel located in Contra Costa County, the Stockton Port District has proceeded to establish a maintenance assessment district under State law to recoup a portion of its previous and anticipated future expenditures incurred in the exercise of its responsibilities under the Local Cooperation Agreement. At the request of those identified channel beneficiaries located in Contra Costa County subject to the proposed assessment, the Board of Supervisors has determined to assume local responsibility for that portion of the Project within County territorial boundaries. The County is prepared to implement a mechanism similar to that contemplated by the Stockton Port District to ensure that the resources are available to meet the local cooperation 'responsibilities being assumed by the County. Both the County and the District believe that the interests of fairness, efficiency, preservation of local control over assessment procedures for this purpose, and the likelihood of the County's being able to acquire and improve any required upland disposal sites within its territory at lower cost than the District (perhaps with an in kind contribution from the project beneficiaries themselves) favor a bifurcation of the local cooperation responsibility for future maintenance of the Project. As the Federal partner in this endeavor, we believe that it is equally in the interest of the Corps of Engineers with primary responsibility for project. maintenance with the shared objective of fostering and maintaining amicable intergovernmental relations among local jurisdictions within project boundaries to consent to this modification for the same reasons. We recognize that current Corps guidance for new construction projects prefers single local sponsors for administrative simplicity. However, given the natural division of the Project into usable increments maintained on different cycles by diffenect Corps districts, and the` strong preference for local responsibility for the maintenance of those portions of the project within local boundaries in this instance manifested in this request, your concurrence in our joint request is strongly urged. We are prepared to work closely with you to obtain any necessary approvals of the proposed modification through Corps Division and Headquarters prior to its execution. Sincerely, i 01 /07/92 11 :01 MALLON LAW OFFICES 1-714-968-0064 P . 006 Chairman Stockton Port District Chairman Contra Costa County Board of, Supervisors i i 01 /07/92 10 :59 MALLON LAW OFFICES 1-714-968-0064 p .002 MODIFICATION NO. 1 TO THE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE STOCKTON PORT DISTRICT FOR t LOCAL COOPERATION ON THE SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (JOHN P. BALDWIN AND STOCKTON SHIP CHANNELS) PROJECT, AVON TO STOCKTON CONCERNING SHARED LOCAL COOPERATION IN FUTURE PROJECT MAINTENANCE THIS MODIFICATION is entered into this day of 1993, between the UNITED STATES OF AMERICA (the "Government" ) represented by the Contracting officer executing this Agreement, and the STOCKTON PORT DISTRICT (the "District" ) , and CONTRA COSTA COUNTY (the "County" ) , WITNESSETH THAT: WHEREAS, On May 6, 1982, the Government and the District entered into an Agreement for Local Cooperation (the "Agreement" ) on the San Francisco Bay to Stockton, California (John P. Baldwin and Stockton Ship Channels ) Project, Avon to Stockton ( the "Project' ) authorized by the River and Harbor Act of 1965 (Public Law - 89-298) , 89th Congress, 1st Session, which project was completed in 1984 ; WHEREAS, the District and the County represent that they have the authority .and capability to furnish the non-Fbderal loca 1 cooperation required under Federal law in consideration of -Federal maintenance of the -Project; WHEREAS, the District and the County desire to share the responsibilities of Local Sponsor and to furnish the required non- Federal cooperation for the future maintenance of the Project, with the County assuming those responsibilities within the territorial boundaries of Contra Costa County, and the District continuing to exercise those responsibilities for the remainder of the Project, and the Government consents to the bifurcation of local cooperation responsibilities between the District and the County; NOW THEREFORE, the parties agree as follows: 1. On page 1, the first sentence of section (1) of the Agreement is amended to read as follows: "1. The County and the District agree that, in consideration of the Government's future maintenance of .the San Francisco Bay to Stockton, California (John P. Baldwin and Stockton Ship Channels) Project, Avon to , Stockton, the County, within the territorial boundaries of Fontra Cost a County, and the District for the remainder of the Project shall fulfil 1 the requirements of non-Federal cooperation under Federal law, and any 01 /07/92 11 : 00 MALLON LAW OFFICES 1-714-968-0064 p. 003 modifications and additional provisions required by subsequent Federal legislation and policy including: " 2 . On page 4, in the first and second sentences respectively of section ( 1) (c) (7) (a) , after the word "District" add the words "and the County" . 3. On page 4, in the first sentence of section 2 of the Agreement, strike the words "District hereby gives the Government a right to enter" and insert in lieu thereof the following: "Government may enter and in each instance after the word "District" add the words "or the County" . THE UNITED STATES OF AMERICA BY: Lawrence R. Sadoff Colonel, Corps of Engineers District Engineer Contracting Officer FOR THE SECRETARY OF THE ARMY DATED: THE STOCKTON PORT DISTRICT BY: Title, Chairman ' BY: Title, Secretary DATED: CONTRA COSTA COUNTY BY: Title, Chairman of the Board of Supervisors BY: Title, Secretary DATED: I� 1 I I