To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: DECLARE three marina sheds surplus; and APPROVE and AUTHORIZE the Public Works Director, or designee, to sell and/or dispose of the marina sheds.
Recommendation: Recommendation of the County Administrator

RECOMMENDATIONS:
DECLARE the three Keep the Delta Clean (KDC) Program sheds as surplus property that are not required for Contra Costa County (County) purposes, AUTHORIZE the Public Works Director, or designee, to sell or dispose of those sheds, and APPROVE and AUTHORIZE the Public Works Director, or designee, to execute agreements and related documents for the sale or disposal of the sheds, Bethel Island, Byron, and Oakley areas.
FISCAL IMPACT:
This project is funded by 100% Stormwater Utility Assessment Funds. Project No. 7517-6W7208
BACKGROUND:
The Delta is a valuable resource and an integral part of California’s water system. The Delta is the largest estuary on the United States Pacific Coast, covering 738,000 acres interlaced with hundreds of miles of waterways serving a wide variety of beneficial uses. Water Supply: The Delta is the physical hub of California’s two largest distribution systems, supplying drinking water to two thirds of the State’s population (30 million people) and irrigation water for over 3 million acres of farmland. Navigation for Commercial Vessels: The Delta supports two major inland ports that are served by the Stockton Deep Water Ship Channel and the Sacramento Deep Water Ship Channel within the Delta’s geographic boundary. Estuarine and Freshwater Wildlife Habitat: The Delta is home to wildlife, including approximately 22 species of fish, 164 species of birds, and 53 other wildlife species. The Pacific Flyway also passes directly over the Delta, providing precious habitat for migratory birds and other wildlife. Water Contact and Non-Water Contact Recreation: The Delta’s recreation industry entails a diverse mix of activities, including fishing, kayaking, swimming, hunting, bird watching, and recreational boating, the latter being one of the most popular. The six counties (Alameda, Contra Costa, Sacramento, San Joaquin, Solano, and Yolo) that border the Delta are home to more than 170,400 registered boaters who are served by more than 150 public marinas in the Delta.
In 2003, the County was awarded a Prop 13 grant to implement the KDC Program. The KDC Program was implemented from July 1, 2004, to December 31, 2005, by the County, the California Department of Boating and Waterways and the California Coastal Commission. The KDC Program was created to balance the Delta’s resources with growing urban and recreation populations in the County. The KDC Program set up new environmental services, recruited volunteer Dockwalkers, and established five clean marina demonstration sites in the County to prove the benefits of clean marina operations.
In September 2006, the County applied for and was awarded a Proposition 40 Grant (Grant) of $1.6 million from the State Water Resources Control Board (SWRCB) to implement the Sacramento-San Joaquin Delta Watersheds Boating Program, to study and implement actions to mitigate the cumulative impacts of pollutants on Delta water quality from recreational boating activities in Contra Costa, San Joaquin, Sacramento, Solano, and Yolo counties. Pollutants such as pathogens (overboard sewage discharge and pet waste), petroleum hydrocarbons (fuel, oil, contaminated bilge water, and solvents), and other liquid wastes (engine and hull maintenance and general marina activities) can be generated and inadvertently discharged into the Delta during recreational boating, waterfront residential occupancy, and marina activities. This Grant agreement went into effect December 1, 2006.
The Program had the following goals:
- Reduce the discharge of pollutants to state water from stormwater or non-point sources, using a public education program and the acquisition of pollution prevention equipment.
- Collect baseline data to help understand the impacts of recreational boating on drinking water quality and to educate the public about impacts that affect human health through water contact sports and sustenance fishing in the project area.
- Increase the availability of convenient pollution control services for recreational boaters to encourage proper disposal of pollutants in the Delta.
- Design and implement a long-term public outreach program that focuses primarily on educating recreational boaters and marina operators about environmentally sound boating and marina operation.
- Place useful, educational, and effective pollution prevention tools (free Boaters Kits) into the hands of the recreational boating community via the California Coastal Commission’s volunteer Dockwalker program.
In 2008, the SWRCB issued a Breach of Agreement #06-175-555-0 to California Coastal Commission for failure to provide a Memorandum of Understanding (MOU) as required. The MOU was modified to allow local entities to continue to maintain the oil collection centers and other facilities for 10 years or the life of the equipment.
The County Watershed Program has continued to maintain three marina sheds (located in Oakley, Discovery Bay, and Bethel Island) where boaters can dispose of materials such as used oil, oil filters, oil absorbents and used batteries. As part of this system, County Watershed staff maintain permits, coordinate inspections, maintenance, and disposal of the waste, as well as state reporting. Over time, disposal sites for used oil and batteries have changed. There are more sites to dispose of used oil near Bethel Island Discovery Bay, and Oakley where the marinas are located. Additionally, the costs to maintain the marina program have increased. The maintenance of the facilities includes permitting fees as a small quantity generator of hazardous waste, regular inspections, stocking of materials, maintenance as needed, regular disposal of the materials, and annual reporting. Due to the local accessibility of oil and battery disposal locations near the marinas, the County Watershed Program is proposing to close the marina sheds. Staff has reached out to the marinas and provided outreach materials to them regarding other local disposal locations for used oil and filters and batteries.
The County is currently in discussions with the marinas as to whether the sheds will be transferred to the marina or removed by the County.
CONSEQUENCE OF NEGATIVE ACTION:
If this is not adopted, County staff will continue to collect used oil and batteries from boaters and pay for the permitting, maintaining, disposal, and reporting costs instead of the materials being disposed of by other local oil collection centers.