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CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: July 22, 2003

Subject/Title: Joint Municipal NPDES Program Agreement

Submitted by: Engineering: B. Grewal /T Wooten

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution approving the Joint Municipal NPDES Program Agreement to continue participation in the group program implementing the Municipal Separate Storm Sewer (MS4) permit issued by the Regional Water Quality Control Board, and authorizing the City Manager to execute the agreement.

PREVIOUS ACTION
On March 2, 1998, the City Council approved Resolution No. 98-39 authorizing participation in the Contra Costa Clean Water Program (Group Program) and approving the Joint Municipal NPDES Program Agreement.

On July 11, 2000, the City Council approved Resolution No. 2110 approving the First Amendment to the Contra Costa Clean Water Program Agreement (1998-2003) to include the City of Oakley

BACKGROUND
This agreement covers all co-permittees participating in the Contra Costa Clean Water Program. These co-permittees include Contra Costa County, the Flood Control District and all 19 incorporated cities within Contra Costa County. The agreement describes the responsibilities of the group program as well as the method for distributing the associated costs. The previous agreement expires July 31, 2003. This agreement, if approved, will extend the City’s participation in the Clean Water Program to the end of our existing NPDES permit issued by the Central Valley Regional Water Quality Control Board and will continue our participation through the period of time covered by the next permit

FISCAL IMPACT
The costs incurred for group activities are distributed proportionately based on population. The City of Brentwood’s cost for participation during FY 2002/03 was approximately $28,000.00. The cost of participation has substantially increased as a result of additional permit requirements and anticipated litigation pertaining to those requirements.

Brentwood’s anticipated cost for participation during FY 2003/04 is $80,678.00. Our participation in the Contra Costa Clean Water Program, rather than obtaining a permit covering only Brentwood, is a mandate of the Central Valley Regional Water Quality Control Board.

Attachments:
Resolution
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT (2004-2010)

WHEREAS, under the Federal Water Pollution Control Act, as amended in 1987, stormwater discharges from municipal separate storm sewer systems require coverage under the National Pollutant Discharge Elimination System (NPDES) Permit Program; and

WHEREAS, in California, the NPDES Permits are issued through the California State Water Resources Control Board and the nine (9) Regional Water Quality Control Boards; and

WHEREAS, the San Francisco Bay and Central Valley Regional Water Quality Control Boards mandated Contra Costa County, nineteen (19) of its incorporated cities and the Contra Costa County Flood Control & Water Conservation District (Flood Control District) be covered under a Joint Municipal NPDES Permit; and

WHEREAS, these jurisdictions participated in permit application activities and received an original and reissued Joint Municipal NPDES Permit from the San Francisco Bay and/or Central Valley Regional Water Quality Control Boards; and

WHEREAS, cooperative efforts between the Cities, County and the Flood Control District in the Joint Municipal NPDES Permits have minimized the costs of the Program to all parties; and

WHEREAS, the Central Valley Regional Water Quality Control Board approved a reissued second Joint Municipal NPDES Permit (CA0083313) on June 16, 2000; and

WHEREAS, Contra Costa County, all nineteen (19) of its incorporated cities and the Flood Control District will be subject to the Program Agreement, which delineates Program activities, structure, membership, costs and participation.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood shall continue to participate in the implementation of the reissued Joint Municipal NPDES Permit agreeing to share in Program costs, provide appropriate staff support and provide detailed information necessary to implement the reissued Permit.

BE IT FURTHER RESOLVED the City Manager is hereby authorized to execute the amended Contra Costa Clean Water Program Agreement (2003/2010), as described in Attachment “A”.

BE IT FURTHER RESOLVED the City Clerk shall provide three signed, certified copies of this resolution to the Contra Costa Clean Water Program Manager.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 22nd day of July 2003 by the following vote:




 

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