To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: APPROVE a Contract with Richard, Watson & Gershon, A Professional Corporation, to provide Outside Legal Services.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and Water Conservation District, or designee, to execute, on behalf of the Contra Costa Clean Water Program, a contract with Richards, Watson & Gershon, A Professional Corporation, in an amount not to exceed $350,000, for the period of January 1, 2026 through March 31, 2029, for Outside Legal Support Services necessary to comply with federal and state stormwater rules contained in the National Pollutant Discharge Elimination System Permits issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards, Countywide. Project No. 7519-6x7632
FISCAL IMPACT:
The cost is estimated to be $350,000; and shall be funded by stormwater utility fee assessments collected by the Cites/Towns and County, proportional to their respective populations.
BACKGROUND:
The Contra Costa Clean Water Program (“CCCWP”) consists of Contra Costa County, its 19 incorporated cities and towns, and the Contra Costa County Flood Control and Water Conservation District (hereinafter referred to collectively as “Permittees”). The CCCWP was established in 1991 through a Program Agreement in response to the 1987 amendments to the federal Clean Water Act (“CWA”), which established a framework for regulating municipal stormwater discharges under the National Pollutant Discharge Elimination System (“NPDES”) Permit Program. The United States Environmental Protection Agency (“USEPA”) published final rules implementing the 1987 CWA amendments in November 1990. The rules mandate that Permittees obtain and implement stormwater permits designed to reduce and eliminate the discharge of pollutants into and from Municipal Separate Storm Sewer Systems (“MS4s”) they own and operate. Through the CCCWP, Permittees conduct many of the mandated activities collectively (referred to as “Group Activities”), such as water quality monitoring, special studies, and public education. The roles and responsibilities of the CCCWP and Permittees are outlined in the Contra Costa Clean Water Program Agreement, which was last updated and adopted by all Permittees in June 2010. The current San Francisco Bay Region Municipal Regional Stormwater NPDES Permit No. CAS612008, Order R2‑2015‑0049 (“Permit”), was issued in November 2015.
The CCCWP Permittees request to retain Richards, Watson & Gershon, A Professional Corporation, to provide the CCCWP with legal support services to review and advise on NPDES municipal regional permit provisions, assess state unfunded mandates, support NPDES permit compliance, and provide legal support for the Regional Alternative Compliance system.
CONSEQUENCE OF NEGATIVE ACTION:
Without the approval of the Board of Supervisors, the CCCWP, 19 cities and towns, Contra Costa County, and the Flood Control District will be unable to meet the NPDES Permit requirements set forth by the San Francisco Bay Region Municipal Regional Stormwater NPDES Permit No. CAS612008, Order R2‑2015‑0049.