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HomeMy WebLinkAboutMINUTES - 12022003 - C37 _1 ..... _.... ......... 1.111 .... ......... . _._.._... ..... _. ........................... ......................... ............ .. .................................._...................... G. TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE SHIU, CHIEF ENGINEER. DATE: December 2, 2003 SUBJECT: APPROVE contract with Dan Cloak Environmental Consulting in the amount of$240,000 for the period November 1, 2003 through June 30, 2005, Countywide. (Cities, Towns and County Stormwater Utility Fee Assessments) (All Districts) Project No. 0929 6x7102 SPECCFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chief Engineer, or designee, Flood Control and Water Conservation District, on behalf of the Contra Costa Clean Water Program, to execute a contract with Dan Cloak Environmental Consulting, in the amount of$240,000 to provide administrative and technical support services for implementation of Joint Municipal National Pollutant Discharge Elimination System(NPDES) Permit Provision C.3,for the period November 1,2003 through June 30,2005,Countywide.(Cities,Towns and County Stormwater Utility Fee Assessments) (All Districts) Project No. 0929-60102 Continued on Attachment: X SIGNATURE: �-- COMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE ✓XPPROVE OTHER SIGNATURE (S): ACTION OF BOA ON DECEMBER 2003 APPROVED AS RECOMMENDED xx OTHER r b I hereby certify that this is a true and correct copy of an action VOTE OF SUPERVISORS taken and entered on the minutes of the Board of Supervisors on xx UNANIMOUS(ABSENT NONE ? the date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: DECEMBER 02 2003 DPF rD t= JOAN SWEETEN, Clerk of the Board of Supervisors and G: \GtyData\NPDES\BO Res Contracts_Agmt\Dan Cloak Emmen.Consult\Dan Cloak 12-02-03 BO.doc County Administrator orig.Div: Public Works Flood Control Contact: (313-2373)Donald P.Freitas c: CAO County Counsel PW Accounting By !74— Deputy SUBJECT: APPROVE contract with Dan Cloak Environmental Consulting in the amount of$240,000 for the period November 1, 2003 through June 30, 2005, Countywide. (Cities,Towns and County Stormwater Utility Fee Assessments) (All Districts) Project No. 0929 6x7102 DATE: December 2, 2003 PAGE: 2 II. Fiscal Impact: The cost is estimated to be no more than$240,000; and, shall be funded by stormwater utility fee assessments collected on behalf of the cities, towns and county, proportioned based on their respective populations. The stormwater utility fees assessments are dedicated for activities undertaken, or to be undertaken, in connection with the NPDES program.' IIL Reasons for Recommendations and Backaround: The Contra Costa Clean Water Program (Program) is composed of Contra Costa County, all nineteen(19)of its incorporated cities/towns and the Contra Costa County Flood Control&Water Conservation District.The Program was established in 1991 in response to the 1987 amendments to the Federal Clean Water Act, and the resulting stormwater regulations promulgated by the United States Environmental Protection Agency on November 16, 1990.These federal regulations prohibit the discharge of pollutants from municipal separate storm sewer systems;(MS4s) to navigatable waters of the U.S.,unless the discharge is in compliance with an NPDES Permit.In California,the federal stormwater regulations are administered and enforced by the State Water Resources Control Board and its nine(9)Regional Water Quality Control Boards.The state Porter-Cologne Act(Water Code 130000,et seq)is the principal legislation for controlling stormwater pollutants in California. Municipal NPDES Permits'issued in California include more specific state requirements designed to reduce or eliminate pollutant discharges from MS4s to waters of the state.' Municipal NPDES Permits are issued for a five-year period. The Program:is currently in its fifth year of its second five-year Joint Municipal NPDES Permit issued by the San Francisco Bay Regional Water Quality Control Board.The current permit was amended,however,on February 19, 2003. The amendment added Provision C.3, which requires the Program and its co-permittees to implement significant additional measures to control stormwater discharges from areas of new development and redevelopment. These new measures require changes to the way co-permittees plan,design,review,approve and monitor public and private development projects.The Program's most significant challenge over the next several years will be to comply with the Provision C.3' requirements.Administrative and technical support services are required if the Program and its co- permittees are to comply with the Provision C.3 mandates. SUBJECT: APPROVE contract with Dan Cloak Environmental Consulting in the amount of$240,000 for the period November 1, 2003 through June 30, 2005, Countywide. (Cities, Towns and County Stormwater Utility Fee Assessments) (All Districts) Project No. 0929 6x7102 DATE: December 2, 2003 PAGE: 3 The Program's Management Committee directs program activities and resources.The Management Committee consists of one representative from each of the twenty-one(21)'co-permittees.To direct and coordinate implementation activities in compliance with the Provision C.3 mandates, the Management Committee established a C.3 Oversight Committee and three Work Groups.To assist and support the Work Groups, the Management Committee also approved up to $550,000 for administrative and technical consultant services. IV. Consequences of Negative Attion: If the consulting services agreement with Dan Cloak Environmental Consulting is not approved, then the Program and co-permittees will lack the support they need to be in compliance with our Joint Municipal NPDES Permit, or more specifically, the Provision C.3 mandates. The Regional Water Quality Control Board may impose fines totaling $10,000 per day and $10 per gallon of discharge in non-compliance with the Joint Municipal NPDES Permit.