To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: APPROVE a Contract with Jones Hall, A Professional Law Corporation, for Professional Legal Services.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or designee, to execute, on behalf of the Contra Costa Clean Water Program, a contract with Jones Hall, A Professional Law Corporation, in an amount not to exceed $25,000, for Professional Legal Services necessary to comply with federal and state stormwater permit requirements issued under the National Pollutant Discharge Elimination System Permit, for the period August 1, 2024 through July 31, 2027, Countywide. (100% Stormwater Utility Assessment Funds)
FISCAL IMPACT:
All costs associated with this contract will not exceed $25,000 and will be funded by stormwater utility fee assessments collected by the Cities/Towns and County, proportional to their respective populations.
BACKGROUND:
The Contra Costa Clean Water Program (the “CCCWP”) consists of Contra Costa County, its 19 incorporated cities/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 (the “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 (the “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 (the “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 of 2015.
The CCCWP Permittees request to acquire Jones Hall, to assist CCCWP with the formation of a non-registered voter Community Facilities District (CFD). The CFD will be established with an initial taxable property and a future annexation area that is expected to correspond with the County’s boundaries. Properties will annex into the CFD from time to time to comply with permit requirements by executing a Unanimous Approval. Jones Hall, A Professional Law Corporation, will assist the program by coordinating with Contra Costa County on specific Contra Costa County legal requirements for the formation of a CFD, meet and consult with representatives of participating public agencies and relevant consultants to define the financing plan, collaborate with County staff and the County’s special tax consultant to establish a procedure for annexations, and provide as-needed legal assistance.
The contract includes modifications to the Commercial General Liability Insurance.
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 outreach requirements set forth by the San Francisco Bay Region Municipal Regional Stormwater NPDES Permit No. CAS612008, Order R2-2015-0049.