MANAGEMENT COMMITTEE MEETING December 16, 2009

255 Glacier Drive, Martinez, CA Conference Room “A”

1:30 p.m.

City of Antioch : Phil Hoffmeister (Chair) / Julie Haas-Wajdowicz

City of Brentwood : Jagtar Dhaliwal / Jeff Cowling City of Clayton : Laura Hoffmeister / David Woltering City of Concord : Jeff Roubal / Alex Pascual / Libbey Bell Town of Danville : Christine McCann / Michael Stella City of El Cerrito : Melanie Mintz / Garth Schultz City of Hercules : Erwin Blancaflor / Jose Pacheco City of Lafayette : Donna Feehan / Ron Lefler City of Martinez : Alex Stroup / Khalil Yowakim / Tim Tucker Town of Moraga : Jill Mercurio / Frank Kennedy City of Oakley : Frank Kennedy / Jason Vogan City of Orinda : Cathy Terentieff / Janice Carey City of Pinole : Nancy Voisey / Dean Allison City of Pittsburg : Jolan Longway/ Laura Wright City of Pleasant Hill : Rod Wui (Vice-Chair) / Steve Wallace City of Richmond : Lynne Scarpa / Jenny Oorbeck City of San Pablo : Karineh Samkian/ Adelѐ Ho City of San Ramon : Steven Spedowfski / Robin Bartlett City of Walnut Creek : Rinta Perkins / Steve Waymire Contra Costa County (CCC) : Rich Lierly / David Swartz CCC Flood Control & Water Conservation District

: Greg Connaughton / Mitch Avalon

PLEASE MARK YOUR CALENDAR NOW!!!

January 20, 2010

1:30 p.m. 255 Glacier Drive, Martinez, CA

Conference Room “A”

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CONTRA COSTA CLEAN WATER PROGRAM Management Committee Meeting Agenda

December 16, 2009

AGENDA

Public Comments: Any member of the general public may address the Management Committee on a subject within their jurisdiction and not listed on the agenda. Remarks should not exceed three (3) minutes. Presentations:

A. HMP Monitoring Projects (Tom Dalziel)

15 min.

B. Municipal Regional Permit (MRP) Compliance Document (Donald P. Freitas )

15 min.

Consent Calendar:

05 min.

(All matters listed under the CONSENT CALENDAR are considered to be routine and can be acted on by one motion. There will be no separate discussion of these items unless requested by a member of the Management Committee or a member of the public prior to the time the Management Committee votes on the motion to adopt.)

A. November 12, 2009 Development Committee Meeting Minutes (Tom Dalziel)

B. November 17, 2009 Monitoring Committee (Formerly WAM) Meeting Minutes (Jamison Crosby)

C. November 17, 2009 Public Information / Participation Committee (Formerly PEIO) Meeting Minutes (O’Rorke – Program Consultant, Donald P. Freitas)

D. November 18, 2009 Management Committee Meeting Minutes (Tom Dalziel)

Actions:

A. APPROVE Program Representatives to BASMAA Subcommittees (Donald P. Freitas)

05 min.

Staff Reports:

A. MRP Status Report (Tom Dalziel) 1. Effective December 1, 2009 2. “Petition for Review” Appeal

20 min.

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3. Meeting with SFBRWQCB (Tom Mumley) 4. Distribution of C.3 Implementation Document

B. Urban Creeks Council (UCC) Response to Program Directive (Jamison Crosby)

10 min.

C. “Trash” Grant Update (Elisa Wilfong)

05 min.

D. BASMAA’s “Clean Watersheds for a Clean Bay” (Jamison Crosby) 05 min. Regional Board Staff Comments/Reports:

10 min.

A. San Francisco Bay RWQCB (Selina Louie)

B. Central Valley RWQCB (Kim Schwab) Information Items: None. Old/New Business:

Adjournment: (90 minutes; 3:00 p.m.) DPF/TD:kh G:\NPDES\Management Committee\Agenda\09 10\draft MC Agenda Dec 09.doc

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UPCOMING EVENTS and/or DEADLINES: January 14, 2010 CASQA Meeting / Webcast, Thursday January 14, 2010, 9:00 am to 3:00 pm, Crowne

Plaza Ventura Beach Hotel, Ventura. For more info or to register online visit: www.casqa.org

PROGRAM COMMITTEE MEETINGS SCHEDULED NEXT MONTH:

January 5, 2010*

1st Tuesday

Administrative Committee (AC) Meeting, 9:30 a.m. – Noon, 255 Glacier Drive, Martinez, CA, Conference Room “A”

January 14, 2010 2nd Thursday

Development Committee (DC) Meeting, 9:00 a.m. – Noon, 255 Glacier Drive, Martinez, CA, Conference Room “G”

January 20, 2010

3rd Wednesday

Management Committee (MC) Meeting, 1:30 p.m. – 5:00 p.m., 255 Glacier Drive, Martinez, CA, Conference Room “A”

January 26, 2010

4th Tuesday

Monitoring Committee (MCO) Meeting, 9:30 a.m. – 11:30 a.m., 255 Glacier Drive, Martinez, CA, Conference Room “B”

January 27, 2010

4th Wednesday

Public Information / Participation (PIP) Committee Meeting, 10:00 a.m. – Noon, 255 Glacier Drive, Martinez, CA, Conference Room “B”

January 28, 2010

4th Thursday

Municipal Operations Committee (MOC) Meeting, 10:00 a.m. – Noon, 255 Glacier Drive, Martinez, CA, Conference Room “D”

*The Administrative Committee meets on an “as-needed” basis. The standing meeting is scheduled for the 1st Tuesday of each month.

Date: December 16, 2009 To: Management Committee From: Tom Dalziel, Assistant Program Manager Contra Costa Clean Water Program Subject: Presentation Item A – HMP Monitoring Projects Recommendation: Receive presentation, and then contact Program staff if there are any development projects in your community that may be candidate HMP monitoring projects. Background: For background, please read the attached memorandum from Dan Cloak titled “IMP Model Calibration and Validation Plan - Summary of Technical Requirements for HMP Monitoring Sites”. The purpose of this presentation is to: 1. Review the need and timeline for Permittees to conduct Hydrograph

Modification Management (HMP) flow monitoring on some bioretention facilities and flow through planters;

2. Briefly describe the plan developed and required to conduct this monitoring; 3. Review the technical requirements necessary for candidate flow monitoring

projects; and 4. Solicit candidate projects where construction will be completed and flow

monitoring can commence by October 1, 2010, October 1, 2011, or absolutely no later than October 1, 2012.

Fiscal Impact: In the approved Fiscal Year 2009/10 Group Program Budget, the Management Committee budgeted $100,000 for this work. Program staff believes this budget will be sufficient for the initiation of any flow monitoring projects this fiscal year, but additional monies will be necessary to complete all flow monitoring

requirements over the permit term as outlined in Attachment C in the Municipal Regional Permit. Attachment(s): 1. Memorandum – “IMP Model Calibration and Validation Plan – Summary of

Technical Requirement for HMP Monitoring Sites,” from Dan Cloak dated December 7, 2009.

TD:DPF:kh G:\NPDES\Management Committee\Packet\09 10\Dec 09\Pres Item A Dec 09.doc

Date: December 16, 2009 To: Management Committee From: Donald P. Freitas, Program Manager Contra Costa Clean Water Program Subject: Presentation Item B – Municipal Regional Permit (MRP) Compliance

Document Recommendation: Receive a presentation from the Program Manager regarding compliance documents for implementation of the Municipal Regional Permit (MRP). Your input is needed to ascertain if this type of document is beneficial to you when providing overall policy directions. Background: The San Francisco Bay Regional Water Quality Control Board approved the MRP on Wednesday, October 14, 2009. The Permit became effective on Tuesday, December 01, 2009 since the United States EPA did not object to it (passive approval). Therefore, the burden is now with the various Stormwater Programs in the Bay Area to begin implementation/compliance activities on a regional, program and/or co-permittees basis. Your Program staff is completely engaged in producing documents that will provide information and accountability when implementing the MRP. The compliance documents will be arranged per section of the Permit. They will include a delineation of the tasks to be accomplished; who will complete the assignments; a budget breakdown for the five years of the Permit; and, the opportunity to call out specific comments per item (see attachment – C.7). The focus of the presentation will be to introduce this document to you which attempts to provide you with an overview of the entire MRP requirements and projected financial demands.

Each staff member will separately produce an annual planning workplan section that will outline the tasks to be accomplished during that fiscal year. These two documents should not be confused with each other. One is an overview of the entire Permit, while the other is specifically a working document for tasks to be performed on an annual basis by the various committees. The document to be presented is for Management Committee consideration, while the workplans are for each of our established sub-committees. Fiscal Impact: To be determined. Attachment(s): Municipal Regional Permit- C.7 Compliance Document to be provided at the meeting, if not beforehand. DPF:kh G:\NPDES\Management Committee\Packet\09 10\Dec 09\Pres Item B Dec 09.doc

Date: December 16, 2009 To: Management Committee From: Donald P. Freitas, Program Manager Contra Costa Clean Water Program Subject: Action Item A – APPROVE Program Representatives to BASMAA

Subcommittees Recommendation: Approval is needed to appoint two individuals who will represent the Program when participating on each of the BASMAA sub-committees. Background: The Municipal Regional Permit (MRP)’s primary perspective is to address water quality issues on a Bay Area basis. Therefore, BASMAA has re-constituted itself establishing sub-committees that will attempt to implement activities on a regional level (see Management Committee November 18, 2009 Agenda- Action Item E). The BASMAA Managers decided at their December 4th meeting that each Program would be allowed one vote on any issue under its consideration at a sub-committee meeting. Participation (voting) per Program would be limited to two individuals- a primary and a secondary representative. Only the primary representative could cast a vote, but in the absence of this individual, the secondary representative would cast the vote. It is critical both individuals attend each meeting so continuity can be maintained at all times. Recommendations for these assignments are as follows: Development Committee - David Swartz, Primary Frank Kennedy, Alternate Monitoring Committee - Lynne Scarpa, Primary Phil Hoffmeister, Alternate

Public Information/Participation Committee – Steven Spedowfski, Primary Dan Jordan, Alternate Municipal Operations Committee – To be established Fiscal Impact: None. Attachment(s): None. DPF:kh G:\NPDES\Management Committee\Packet\09 10\Dec 09\Act Item A Dec 09.doc

Date: December 16, 2009 To: Management Committee From: Tom Dalziel, Assistant Program Manager Contra Costa Clean Water Program Subject: Staff Report A – MRP Status Report Recommendation: Receive Report. Background: The San Francisco Bay Regional Water Quality Control Board (Water Board) adopted the Municipal Regional Permit (MRP) on October 14, 2009. The MRP became effective on December 1, 2009. The adopted MRP supersedes the Municipal Stormwater permit issued by the San Francisco Bay Water Board in July 1999 and amended in February 2003 and July 2004. The United States Environmental Protection Agency (USEPA) had 45-days to disapprove the Water Board’s October 14, 2009 adoption of the MRP. By taking no action, USEPA approves the MRP. As discussed under Presentation Item B above, Program staff is focused on preparation of a comprehensive compliance/budget document, and annual work plans within the various subcommittees. Program staff will provide a progress report on the development of these annual workplans, and some important changes in the C.3 provisions, which municipalities should be immediately anticipating. Program staff will also provide an update on the “petitions for review” of the MRP submitted to the State Water Resources Control Board, and review the MRP issues discussed by the BASMAA Board with Tom Mumley, Assistant Executive Officer to the San Francisco Bay Water Board, on December 4, 2009.

Fiscal Impact: None. Attachment(s): Attachments will be provided at the meeting. TD:DPF:kh G:\NPDES\Management Committee\Packet\09 10\Dec 09\Staff Rpt A Dec 09.doc

Date: December 16, 2009 To: Management Committee From: Jamison Crosby, Watershed Management Planning Specialist Contra Costa Clean Water Program Subject: Staff Report B – Urban Creeks Council (UCC) Response to Program

Directive Recommendation: Receive report. Background: UCC met with the Watershed Assessment and Monitoring Committee (WAM) on June 23, 2009 to inform us of the availability of grant money from the EPA to assist landowners in constructing projects on their land and to request our assistance with identifying candidates for the grant. Co-permittees were more than willing to help, but expressed their belief that the best way to find grantees was for UCC to query their own database to get a list of potential grant candidates. UCC assured us they would do this and inform us of the results. Thus far, this has not occurred. The Program Manager and staff spoke personally with UCC’s Executive Director, Phil Stevens, some time ago to impress upon him the need to respond to this inquiry, but apparently the message did not get through because they never responded with the results of the query. At the October WAM meeting, co-permittees again expressed their displeasure at the lack of response from UCC and approved a recommendation to Management Committee to withhold funding for UCC in FY 2010/11 unless the results of the query or the database itself were shared with us. Management approved this recommendation at their November meeting and Program staff prepared a letter to UCC that was mailed on November 19, 2009. As of December 8th, there was no response from UCC. Program staff emailed UCC to confirm the receipt of the letter and spoke with Phil Stevens. He was

very angry about the letter and did not seem to understand that Management’s intent was to send a message about their seriousness with regard to this issue. Stevens’ position is that UCC’s contract with the Program does not require them to be beholden to the Management Committee regarding the grant. He also expressed misgivings about sharing the entire database itself, not understanding what the Management Committee intends to do with it. Staff assured him the Program did not wish to take on additional work to outreach to landowners; they simply wanted a response to their original request for information. Stevens also explained there are many technical and legal hurdles that needed to be overcome before grant monies could be awarded. In the end, Stevens promised to deliver the database by the end of the week of December 11th. Program staff will seek guidance from the Management Committee as to the direction they wish to proceed on this matter. Fiscal Impact: None. Attachment(s): 1. Copy of the Program’s November 18, 2009 letter to UCC. JC:DPF:kh G:\NPDES\Management Committee\Packet\09 10\Dec 09\Staff Rpt B Dec 09.doc

Date: December 16, 2009 To: Management Committee From: Elisa Wilfong, Watershed Management Planning Specialist Contra Costa Clean Water Program Subject: Staff Report C – “Trash” Grant Update Recommendation: Receive report. Background: In October 2009 the Association of Bay Area Governments (ABAG) for the San Francisco Estuary Project (SFEP) was awarded a grant funded by the American Recovery and Reinvestment Act of 2009 (ARRA) for $5 million. The grant will fund a comprehensive Bay Area-wide Trash Capture Project. The Project will fund the purchase and installation of trash capture devices within the counties of Alameda, Contra Costa, Napa, Marin, San Mateo, Santa Clara, Solano, and Sonoma. This is a demonstration project with the objective of observing the performance of a variety of trash capture devices in the field to determine the most effective product. It will also assist municipalities to comply with the Municipal Regional Permit (MRP) trash requirements. Program staff is participating in several technical advisory groups to assist ABAG with the schedule and plan for executing the demonstration project as well as selecting the trash capture device vendors, choosing monitoring data, and developing public outreach material for the project. The groups began meeting in October 2009 and will continue to meet to develop Request for Proposals (RFPs) for the vendors as well as decide the allocation of monies for each municipality invited to participate in the project. The technical advisory group has set a goal of releasing the RFPs to the vendors by the end of December 2009. The vendor list is set to be approved in January 2010. The municipalities invited to participate will receive a letter from ABAG noting the preliminary allocation of monies allotted to their municipality so each

municipality can decide to declare their interest in participating in the project. Once all invited municipalities declare their interest in participating, then the monies will be reallocated if needed to exclude those municipalities not interested in participating. The current allocation of the grant monies is attached to this staff report. The current allocation is calculated using 50% per percentage of population among all the participating municipalities, and 50% per percentage of wholesale/retail area. A baseline allocation of $5,000 will be distributed to each municipality. This calculation is applied to all Phase I and Phase II municipalities. For Phase II municipalities that do not have a MRP trash capture requirement, their wholesale/retail acreage is set at zero and half their population is used to calculate their money allocation. Program staff will continue to inform the Management Committee of the technical advisory groups’ progress and the schedule of events to implement this demonstration project. Fiscal Impact: None. Attachment(s): 1. Allocation Draft of Grant Monies EW:DPF:kh G:\NPDES\Management Committee\Packet\09 10\Dec 09\Staff Rpt C Dec 09.doc

Date: December 16, 2009 To: Management Committee From: Jamison Crosby, Watershed Management Planning Specialist Contra Costa Clean Water Program Subject: Staff Report D – BASMAA’s “Clean Watersheds for a Clean Bay” Recommendation: Receive report. Background: BASMAA has been awarded a $5 million grant for its Clean Watersheds for a Clean Bay proposal for PCBs/mercury from EPA’s San Francisco Bay Area Water Quality Improvement Fund. Five million dollars ($5,000,000) was the maximum single proposal award size possible and the size of BASMAA’s request. Three of seven proposals received funding: 1. BASMAA - $5 million – Clean Watersheds for a Clean Bay 2. San Francisco Estuary Partnership – $3.6 million – series of projects

(including $500,000 for the North Richmond pump station project) 3. San Francisco - $1.2 – Cesar Chavez Street green street project EPA staff encouraged BASMAA to resubmit a trash proposal in the future. BASMAA will be working over the next several weeks to prepare the final application and work plans, and EPA is planning to make the formal award in February 2010. The Clean Watersheds for a Clean Bay grant monies will be used to offset the costs of MRP Sections C.11/12.c.d.e and i. These portions of the MRP will likely be coordinated and implemented regionally through the BASMAA Regional Monitoring Coalition which Program staff and designated co-permittees participate.

Fiscal Impact: To be determined. Attachment(s): None. JC:DPF:kh G:\NPDES\Management Committee\Packet\09 10\Dec 09\Staff Rpt D Dec 09.doc