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MANAGEMENT COMMITTEE MEETING January 18, 2012 255 Glacier Drive, Martinez, CA Conference Room “A” 1:30 p.m. City of Antioch : Phil Hoffmeister / Ron Bernal City of Brentwood : Jagtar Dhaliwal City of Clayton : Laura Hoffmeister / David Woltering City of Concord : Frank Kennedy / Danea Gemmell Town of Danville : Chris McCann (Vice-Chair) / Steve Lake City of El Cerrito : Stephen Pree / Jerry Bradshaw City of Hercules : John McGuire / Jose Pacheco City of Lafayette : Donna Feehan / Ron Lefler City of Martinez : Tim Tucker / Khalil Yowakim Town of Moraga : Jill Mercurio / John Sherbert / Frank Kennedy City of Oakley : Jason Vogan / Keith Coggins City of Orinda : Cathy Terentieff / Charles Swanson City of Pinole : Dean Allison City of Pittsburg : Jolan Longway/ Laura Wright / Keith Halvorson City of Pleasant Hill : Rod Wui City of Richmond : Lynne Scarpa / Joanne Le City of San Pablo : Karineh Samkian / Adelѐ Ho City of San Ramon : Steven Spedowfski (Chair) / Robin Bartlett City of Walnut Creek : Rinta Perkins / Steve Waymire Contra Costa County (CCC) : Cece Sellgren / Julie Bueren / Mitch Avalon CCC Flood Control & Water Conservation District : Mike Carlson / Tim Jensen PLEASE MARK YOUR CALENDAR NOW!!! Next Management Committee Meeting: February 15, 2012 1:30 p.m. 255 Glacier Drive, Martinez, CA Conference Room “A”

MANAGEMENT COMMITTEE AGENDA Cmte...MANAGEMENT COMMITTEE MEETING January 18, 2012 255 Glacier Drive, Martinez, CA Conference Room “A” 1:30 p.m. City of Antioch : Phil Hoffmeister

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Page 1: MANAGEMENT COMMITTEE AGENDA Cmte...MANAGEMENT COMMITTEE MEETING January 18, 2012 255 Glacier Drive, Martinez, CA Conference Room “A” 1:30 p.m. City of Antioch : Phil Hoffmeister

MANAGEMENT COMMITTEE MEETING

January 18, 2012 255 Glacier Drive, Martinez, CA

Conference Room “A” 1:30 p.m.

City of Antioch : Phil Hoffmeister / Ron Bernal City of Brentwood : Jagtar Dhaliwal City of Clayton : Laura Hoffmeister / David Woltering City of Concord : Frank Kennedy / Danea Gemmell Town of Danville : Chris McCann (Vice-Chair) / Steve Lake City of El Cerrito : Stephen Pree / Jerry Bradshaw City of Hercules : John McGuire / Jose Pacheco City of Lafayette : Donna Feehan / Ron Lefler City of Martinez : Tim Tucker / Khalil Yowakim Town of Moraga : Jill Mercurio / John Sherbert / Frank Kennedy City of Oakley : Jason Vogan / Keith Coggins City of Orinda : Cathy Terentieff / Charles Swanson City of Pinole : Dean Allison City of Pittsburg : Jolan Longway/ Laura Wright / Keith Halvorson City of Pleasant Hill : Rod Wui City of Richmond : Lynne Scarpa / Joanne Le City of San Pablo : Karineh Samkian / Adelѐ Ho City of San Ramon : Steven Spedowfski (Chair) / Robin Bartlett City of Walnut Creek : Rinta Perkins / Steve Waymire Contra Costa County (CCC) : Cece Sellgren / Julie Bueren / Mitch Avalon CCC Flood Control & Water Conservation District

: Mike Carlson / Tim Jensen

PLEASE MARK YOUR CALENDAR NOW!!!

Next Management Committee Meeting:

February 15, 2012 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

January 18, 2012

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.

1:30 PM - Regional Board Staff Comments/Reports:

10 min.

A. Selina Louie – San Francisco Bay Regional Water Quality Control Board

B. Elizabeth M. Lee – Central Valley Regional Water Quality Control Board Presentations:

A. Our Water Our World (OWOW) & Bay Friendly Landscaping and Gardening Coalition (BFL) (Elisa Wilfong, Debi Tidd, OWOW Trainer and BFL Consultant)

25 min.

B. “2012 Community Clean Water Initiative” Update (Donald P. Freitas)

25 min.

C. Short-Term Trash Loading Reduction Plans - Update (Elisa Wilfong)

15 min.

D. Fiscal Year 2012-2013 Group Program Budget - Introductory Review (Tom Dalziel)

35 min.

E. Public Information / Participation (PIP) Committee’s Recommended “Model Local Bag Ordinance (Donald P. Freitas / Tracy Hein / Julie Haas-Wajdowicz)

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. December 12, 2011 Monitoring Committee Meeting Minutes (Tracy Hein /

Jamison Crosby)

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B. December 21, 2011 Management Committee Meeting Minutes (Tracy Hein / Tom Dalziel)

C. January 10, 2012 Administrative Committee Meeting Minutes (Tracy Hein / Tom Dalziel)

Actions:

A. APPROVE the Public Information and Participation (PIP) Committee’s “Model Local Bag Ordinance” and Recommendation that this Stormwater Trash Load Reduction Measure be Adopted by all Contra Costa Municipalities to Promote Countywide Consistency (Donald P. Freitas / Tracy Hein / Julie Haas-Wajdowicz)

15 min.

B.

APPROVE in Concept Preparation and Submittal of Three Potential Proposition 84 Stormwater Grant Program Proposals, and Commitment to Provide Up to $50,000 in Cash for Matching Grant Funds for Fiscal Year 2012-2013 (Dan Cloak, Program Consultant)

20 min.

Reports:

A. BASMAA Committee Activities (Valarie Wiley)

05 min.

Information Items:

A. None Old/New Business:

Adjournment: 170 minutes (4:20 p.m.)

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UPCOMING EVENTS and/or DEADLINES

PROGRAM COMMITTEE MEETINGS SCHEDULED NEXT MONTH

January 25, 2012

4 th Wednesday

Development Committee (DC) Meeting, 1:30 p.m. – 5:00 p.m., 255 Glacier Drive,

Martinez, CA, Conference Room “A”

January 25, 2012

4th Wednesday

Public Information / Participation (PIP) Committee Meeting, 10:00 a.m. – Noon, 255

Glacier Drive, Martinez, CA, Conference Room “B”

January 26, 2012

4th Thursday

Municipal Operations Committee (MOC) Meeting, 10:00 a.m. – Noon, 255 Glacier Drive,

Martinez, CA, Conference Room “A”

February 7, 2012

1st Tuesday

Administrative Committee (AC) Meeting 9:30 a.m. – 12:00 p.m., ., 255 Glacier Drive, Martinez, CA, Conference Room “A”

February 13, 2012

2nd Monday

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

February 15, 2012

3rd Wednesday

Management Committee (MC) Meeting, 1:30 p.m. – 5:00 p.m., 255 Glacier Drive,

Martinez, CA, Conference Room “A”

February 23, 2012

4th Thursday

Municipal Operations Committee (MOC) Meeting, 10:00 a.m. – Noon, 255 Glacier Drive,

Martinez, CA, Conference Room “A”

February 22, 2012

4 th Wednesday

Development Committee (DC) Meeting, 1:30 p.m. – 5:00 p.m., 255 Glacier Drive,

Martinez, CA, Conference Room “A”

March 6, 2012

1st Tuesday

Administrative Committee (AC) Meeting 9:30 a.m. – 12:00 p.m., 255 Glacier Drive,

Martinez, CA, Conference Room “A”

March 12, 2012

2nd Monday

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

March 21, 2012

3rd Wednesday

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

March 22, 2012

4th Thursday

Municipal Operations Committee (MOC) Meeting, 10:00 a.m. – Noon, 255 Glacier Drive,

Martinez, CA, Conference Room “A”

March 28, 2012

4th Wednesday

Public Information / Participation (PIP) Committee Meeting, 10:00 a.m. – Noon, 255

Glacier Drive, Martinez, CA, Conference Room “B”

March 28, 2012

4 th Wednesday

Development Committee (DC) Meeting, 1:30 p.m. – 5:00 p.m., 255 Glacier Drive,

Martinez, CA, Conference Room “A”

SCHEDULE FOR MONTHLY BASMAA SUBCOMMITTEE MEETINGS

1st Wednesday

Monitoring Committee, 9:30 a.m. – 3:00 p.m.**

1st Thursday

Development Committee, 1:30 – 4:00 p.m.**

3rd Thursday Trash/Municipal Operations Committee, 1:00 – 4:00p.m. **

4 the Wednesday Public Information/Participation Committee, 1:00 – 4:00 p.m.**

**Please note the time and location for the BASMAA Subcommittee meetings are subject to change.

TD:vw: G:\NPDES\Management Committee\Agenda\11 12\MC Agenda January 11.docx

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Date: January 18, 2012 To: Management Committee From: Debi Tidd, OWOW Trainer and BFL Consultant For: Elisa Wilfong, Program Staff Contra Costa Clean Water Program Subject: Presentation Item A – Our Water Our World (OWOW) & Bay

Friendly Landscaping and Gardening Coalition (BFL) ___________________________________________________________________ Recommendation: Receive presentation. Background: Debi Tidd, the Program’s Our Water Our World (OWOW) Trainer, and consultant for the Bay Friendly Landscaping (BFL) and Gardening Coalition will provide a summary of these two programs.

In brief, the OWOW program helps raise awareness of the connection between pesticide use and water quality and provide information to consumers at the point-of-purchase about integrated pest management (IPM) and less-toxic alternatives that do not cause water quality problems. The program rotates outreach materials at hardware stores through Contra Costa and strategically reaches customers where pesticides are sold in the stores. OWOW satisfies Section C.9.h of the MRP.

The BFL and Gardening Coalition conducts training and certification to landscape contractors on sustainable landscape practices including Integrated Pest Management (IPM) training. The Program is funding a BFL training workshop series in Contra Costa County this Spring, and is proposing to fund another training workshop in Fiscal Year 2012-2013 consistent with permit provision C.9.c in the MRP.

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Fiscal Impact: None. Attachment(s): Attachments, if any, will be provided at the meeting. EW:vw G:\NPDES\Management Committee\Packet\11 12\Shells Working Docs\Elisa\January\Presentation Item A Jan 12.doc

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Date: January 18, 2012 To: Management Committee From: Donald P. Freitas, Project Manager For: Tom Dalziel, Program Manager Contra Costa Clean Water Program Subject: Presentation Item B - “2012 Community Clean Water Initiative”

Update

Recommendation:

Receive presentation. Background: This presentation will provide a detailed report on preparations for the February 7, 2012 “majority protest” public hearing before the Contra Costa County Board of Supervisors; and a review of the “Public Outreach Plan” prepared by Tramutola. Fiscal Impact: Should the “2012 Community Clean Water Initiative” be approved, it will generate approximately $8.7 million for Fiscal Year 2012/13. Attachment(s): A copy of the “Public Outreach Plan” will be provided at the meeting. TD:DF:vw G:\NPDES\Management Committee\Packet\11 12\Shells Working Docs\Donald\Presentation Item B Jan 2012.doc

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Date: January 18, 2012 To: Management Committee From: Elisa Wilfong, Watershed Management Planning Specialist Contra Costa Clean Water Program Subject: Presentation Item C – Short-Term Trash Loading Reduction Plans

Update

Recommendation: Receive presentation. Background: Program staff will provide a review and update on the following BASMAA projects and guidance materials in preparation and submittal of the Short Term Trash Reduction Plans due by February 1, 2012: Projects

BASMAA’s Baseline Monitoring Project – the monitoring project utilizing trash capture devices to estimate trash loads in the Bay Area

ABAG’s Trash Capture Project – Federal grant monies awarded to purchase

trash capture devices and install them in the Bay Area for trash reduction activities

Guidance Materials

Trash Load Reduction Calculator – a new tool developed by BASMAA to begin estimating load reductions associated with the implementation of enhanced trash control measures

Trash Load Reduction Tracking Method Draft Technical Report – a

methodologies document to assist municipalities in demonstrating progress towards reaching their trash load reduction goals in the MRP

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Baseline Trash Load and Short-Term Trash Load Reduction Plan – a template for all municipalities to develop their trash load reduction plan and submit their baseline trash load, will be provided during the presentation.

Fiscal Impact: None. Attachment(s): Attachments, if any, will be provided at the meeting. EW:vw G:\NPDES\Management Committee\Packet\11 12\Shells Working Docs\Elisa\January\Presentation Item C Jan 12.doc

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Date: January 18, 2012 To: Management Committee From: Tom Dalziel, Program Manager Contra Costa Clean Water Program Subject: Presentation Item D – Fiscal Year 2012-2013 Group Program

Budget – Introductory Review

Recommendation: Receive introductory review presentation on the first draft Fiscal Year (FY) 2012/2013 Group Program budget. Background: Program staff prepared and reviewed a working draft FY 2012/2013 Group Program budget with the Administrative Committee on Tuesday, January 10, 2012. This review included:

A final accounting of last year’s expenditures (i.e., FY 2010/2011);

A summary of current and projected reserve balances; and, A review of current FY 2011/2012 Group Program expenditures (as of

December 31, 2011) and projected expenditures (by June 30, 2012). Input provided at this meeting has been incorporated into the following attached budget documents:

1. “FY 2010/2011 End of Year Accounting” – This table shows the beginning and ending reserve balances, and the approved budget and actual total expenditures for last fiscal year (FY 2010/2011).

2. “FY 2011/2012 Reserve Summary” – This table shows a detailed summary of the various reserve balances as of July 1, 2011; and approved reserve allocations and projected reserve expenditures and balances by June 30, 2012.

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3. “Draft Fiscal Year 2012/2013 Group Activities Budget Detail” – This document outlines the current fiscal year budget (i.e., FY 2011/2012); expenditures through December 31, 2011; and, projected expenditures through June 30, 2012. It also provides proposed budgets for next fiscal year (i.e., FY 2012/2013). The proposed budget numbers for Public Information/Participation (Line Item 12); Water Quality Monitoring (Line Item 13); Pesticide Toxicity Control (Line Item 14); and Mercury and PCB Controls (Line Items 16 and 17) are very rough estimates and subject to change following review and input from the various Program committee members and consultants, and our BASMAA partners. This review and input will be incorporated into a second draft proposed budget presented to the Management Committee in February.

4. “Fiscal Year 2012/2013 Administrative/Personnel Detail” – This document outlines Program staff salaries, benefits, and the County’s Administrative Overhead rate.

The Program Manager will review the attached documents at the meeting, answer questions, and review potential policy issues requiring Management Committee consideration including, but not limited to:

1. Use of Reserves – As shown in the attached reserve summary, the Program’s non-allocated reserve will be nearly exhausted by the end of this fiscal year. Should this remaining unallocated reserve be expended next fiscal year? Should the Management Committee reallocate some of the “MRP Legal Services” reserve for retaining outside legal counsel? Outside legal counsel may be desired in the future for review of: 1) permit issues; 2) optional organizational structures; 3) interagency collaboration; 4) applicability of existing laws, etc….

2. Encumbrances – Program staff anticipates some approved FY 2011/2012 budgets will be significantly under budget. For example, the Administrative/Personnel budget (Line Item 1) will be significantly under budget due to delays in filling vacated Program staff positions (i.e., Clerical, Administrative Analyst, and Senior Watershed Management Planning Specialist). Furthermore, Program staff anticipates there will be some remaining unexpended budget within the Water Quality Monitoring and Pollutants of Concern activities. These budgets were necessarily conservative and contained contingencies. Should some of these monies be encumbered and put into reserve for future countywide or regional permit compliance activities?

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Fiscal Impact: Unknown. Attachments: 1. FY 2010/2011 End of Year Accounting & FY 2011/2012 Reserve Summary 2. Contra Costa Clean Water Program Draft Fiscal Year 2012/2013 Group

Activities Budget Detail 3. Fiscal Year 2012/2013 Administrative/Personnel Detail TD:vw G:\NPDES\Management Committee\Packet\11 12\Shells Working Docs\Tom\January\Presentation Item D Jan 18.doc

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Date: January 18, 2012 To: Management Committee

From: Julie Haas-Wajdowicz, PIP Committee Chair By: Donald Freitas & Tracy Hein, Program Staff Contra Costa Clean Water Program

Subject: Presentation Item E – Public Information / Participation (PIP)

Committee’s Recommended “Model Local Bag Ordinance”

Recommendation:

Receive presentation on the Public Information / Participation (PIP) Committee’s recommended “Model Local Bag Ordinance”.

Background: At the September 21, 2011 Management Committee meeting Chris Lehon,

Executive Director for RecycleMore; Julie Haas-Wajdowicz, PIP Committee

Chair; and, Michelle McCauley, Program staff, did a presentation on the efforts to

develop a single use bag reduction model ordinance for the West County region

and the potential benefit for a countywide collaborative effort in banning single

use bags. At that meeting, the Management Committee voted to approve the

PIP Committee’s participation in development of a single use bag reduction

model ordinance.

Julie Haas-Wajdowicz will present the model ordinance that the PIP Committee

has voted to move forward for approval by the Management Committee along

with the recommendation that every municipality adopt the language as written to

promote consistent implementation countywide.

Under Action Item “A”, the PIP Committee is recommending Management Committee approval of the “Model Local Bag Ordinance” and its adoption by all municipalities.

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Fiscal Impact: None. Attachments: 1. Model Local Bag Ordinance TD:th:vw G:\NPDES\Management Committee\Packet\11 12\Shells Working Docs\Tracy\Pres Item E Jan_12.docx

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PIP Model Ord DRAFT, 11/7/11

1

Model Local Bag Ordinance

ORDINANCE NO. ____

An ordinance of the City/County Code, relating to regulating the use of plastic carryout

bags and recyclable paper carryout bags and promoting the use of reusable bags within the

City/County.

The City Council/Board of Supervisors ordains as follows: ________ hereby

added to read as follows:

Definitions.

The following definitions apply to this ordinance: 1. “Carryout Bag” means a bag other than a Reusable Bag provided at the check stand,

cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. Carryout Bags do not include bags without handles provided to the Customer to transport produce, bulk food or meat from a produce, bulk food or meat department with in a store to the point of sale.

2. "Customer" means any person purchasing goods from a Retail Establishment.

3. “Nonprofit Charitable Reuser” means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent (50%) of its revenues from the handling and sale of those donated goods or materials.

4. "Operator" means the person in control of, or having the responsibility for, the operation of a Retail Establishment, which may include, but is not limited to, the owner of the Retail Establishment.

5. "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized.

6. "Plastic Bag" means any bag made predominantly of plastic derived from either petroleum or a biologically-based source, such as corn or other plant sources, which is provided to a Customer at the point of sale. Plastic bags includes: compostable and biodegradable bags but does not include Reusable Bags, Produce Bags, or Product Bags.

7. “Public Eating Establishment” means a restaurant, take-out food establishment, or any other business that receives 90% or more of its revenue from the sale of Prepared Food to be eaten on or off its premises.

8. "Postconsumer Recycled Material" means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. "Postconsumer Recycled Material" does not include materials and by-products

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PIP Model Ord DRAFT, 11/7/11

2

generated from, and commonly reused within, an original manufacturing and fabrication process.

9. “Prepared Food” means foods or beverages which are prepared on premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. Prepared Food does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed or mixed.

10. "Produce Bag" or "Product bag" means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a Retail Establishment or to prevent such food items from coming into direct contact with other purchased items.

11. "Recyclable" means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. "Recycling" does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.

12. "Recycled Paper Bag" means a paper bag that meets all of the following requirements:

(1) contains no old growth fiber, (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) Postconsumer Recycled Material; (3) is accepted for recycling in curbside programs in the City of /County of (Insert Name); (4) displays the word "Recyclable" in a highly visible manner on the outside of the bag; and (5) and displays the percentage of Postconsumer Recycled Material used.

13. "Reusable Bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet;; (3) is machine washable or capable of being cleaned and disinfected; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts as defined by applicable State and Federal standards and regulations for packaging or reusable bags(6) if made of plastic, is a minimum of at least 2.25 mils thick.

14. “Retail Establishment” means any commercial establishment that sells perishable and

nonperishable goods including, but not limited to, clothing, food and personal items directly to the Customer; and is located within or doing business within the geographical city/county limits of the City/County of ___________ (insert name). Retail Establishments does not include Public Eating Establishments or Nonprofit Charitable organizations.

15. “Single-Use Carryout Bag” means a bag other than a Reusable Bag provided at the

check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. Single-Use Carryout Bags do not include bags without handles provided to the Customer to transport produce, bulk food or meat from a produce, bulk food or meat department with in a store to the point of sale.

Plastic Carryout Bags Prohibited.

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PIP Model Ord DRAFT, 11/7/11

3

1. No Retail Establishment shall provide a Single-Use Carryout Bag to a Customer at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provide in this Ordinance.

2. This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to Produce Bags or Product Bags.

Permitted Bags. All Retail Establishments shall provide or make available to a Customer only Recycled Paper Carryout bags or reusable bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this ordinance. Nothing in this ordinance prohibits Customers from using bags of any type that they bring to the Retail Establishment themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store.

Regulation of Recycled Paper Carryout Bags. 1. Any Retail Establishment that provides a Recycled Paper Carryout Bag or

Reusable Bag to a Customer must charge the Customer a minimum charge of 10 cents ($0.10) for each bag provided, except as otherwise provided in the ordinance.

2. One year after the ordinance is enacted a Retail Establishment may make available

for sale to a Customer a Recycled Paper Bag for a minimum charge of fifteen cents ($0.15)

3. Two years after the ordinance is enacted Retail Establishment may make available

for sale to a Customer a Recycled Paper Bag for a minimum charge of 25 cents ($0.25).

4. All Retail Establishments must indicate on the Customer receipt the number of

Recycled Paper Carryout Bags provided and the total amount charged for the bags.

5. All monies collected by a Retail Establishment under this ordinance will be retained by the Retail Establishment and may be used for any of the following purposes:

a. costs associated with complying with the requirements of this ordinance, b. actual costs of providing Recycled Paper Carryout Bags, or c. costs associated with a Retail Establishment's educational materials or

education campaign encouraging the use of reusable bags, if any. d. fund reusable bags giving-aways during limited-time store promotions.

6. Retail Establishments are encourage to provide a minimum credit of five cents ($0.05) for each Reusable Bag brought to the Retail Establishment by Customers who bring Reusable Bags to the Retail Establishment for use.

7. All Retail Establishments must report to the City Manager (or Other Designee), on an

annual basis, the total number of Recycled Paper Carryout Bags provided, the total amount of monies collected for providing Recycled Paper Carryout Bags, and a summary of any efforts a Retail Establishment has undertaken to promote the use of

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reusable bags by Customers in the prior year. Such reporting must be done on a form prescribed by the City Manager, and must be signed by a responsible agent or officer of the Retail Establishment confirming that the information provided on the form is accurate and complete. All reporting must be submitted no later than 45 days after the end of each calendar year.

8. If the reporting required is not timely submitted by a Retail Establishment, such Retail Establishment shall be subject to the fines set forth.

Use of reusable bags.

1. All Retail Establishments must provide Reusable Bags to Customers, either: a. for sale; or b. at no charge during limited-time store promotions.

2. Each Retail Establishment is strongly encouraged to educate its staff to promote

reusable bags and to post signs encouraging Customers to use reusable bags.

Exempt Customers. A Retail Establishments must provide at the point of sale, free of charge, either reusable bags or Recycled Paper Carryout Bags or both, at the Retail Establishment's option, to any Customer participating either in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code, the State Department of Social Services Food Stamp program, other government-subsidized purchase programs for low-income residents.

Operative date. This ordinance shall become operative six (6) months from the date that it is adopted.

Enforcement and violation-penalty. 1. The City Manager and/or his/her agent has primary responsibility for enforcement of

this ordinance. The City Manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this ordinance, including, but not limited to, investigating violations, issuing fines and entering the premises of any Retail Establishment during business hours. Other City/County staff may assist with this enforcement responsibility by entering the premises of a Retail Establishment as part of their regular inspection functions and reporting any alleged violations to the City Manager.

2. If the City Manager determines that a violation of the ordinance has occurred, he/she will issue a written warning notice to the Operator of a Retail Establishment that a violation has occurred and the potential penalties that will apply for future violations.

3. Any Retail Establishment that violates or fails to comply with any of the requirements of the ordinance after a written warning notice has been issued for that violation shall be guilty of an infraction.

4. If a Retail Establishment has subsequent violations of the ordinance that are similar in kind to the violation addressed in a written warning notice, the following penalties will be imposed and shall be payable by the Operator of the Retail Establishment to

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the City/County of _____ (insert name): a. A fine not exceeding one hundred dollars ($100.00) for the first violation after

the written warning notice is given; b. A fine not exceeding two hundred dollars ($200.00) for the second violation

after the written warning notice is given; or c. A fine not exceeding five hundred dollars ($500.00) for the third and any

subsequent violations after the written warning notice is given.

5. A fine shall be imposed for each day a violation occurs or is allowed to continue.

6. All fines collected pursuant to the ordinance shall be deposited in the (fund to be determined by municipality/enforcing agency)to assist the department with its costs of implementing and enforcing the requirements of the ordinance.

7. Any Retail Establishment Operator who receives a written warning notice or fine may request an administrative review of the accuracy of the determination or the propriety of any fine issued, by filing a written notice of appeal with the City Manager no later than 30 days after receipt of a written warning notice or fine, as applicable. The notice of appeal must include all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses that the appellant wishes to be considered in connection with the appeal. The appeal will be heard by a hearing officer designated by the City Manager. The hearing officer will conduct a hearing concerning the appeal within 45 days from the date that the notice of appeal is filed, or on a later date if agreed upon by the appellant and the City/County of _____ (insert name), and will give the appellant 10 business days prior written notice of the date of the hearing. The hearing officer may sustain, rescind, or modify the written warning notice or fine, as applicable, by written decision. The hearing officer will have the power to waive any portion of the fine in a manner consistent with the decision. The decision of the hearing officer is final and effective on the date of service of the written decision, is not subject to further administrative review, and constitutes the final administrative decision.

Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision will not affect the validity of the remaining portions of the ordinance. The CITY COUNCIL/BOARD OF SUPERVISORS hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this ordinance would be subsequently declared invalid.

No conflict with federal or state law. Nothing in this ordinance is intended to create any requirement, power or duty that is in conflict with any federal or state law.

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CONTRA COSTA CLEAN WATER PROGRAM Monitoring Committee

December 12, 2011 Meeting Minutes

Attendance: MUNICIPALITY ATTENDED ABSENT City of Antioch - Chairperson Phil Hoffmeister Contra Costa County Dan Jordan County Flood Control District Mike Carlson City of Pittsburg Jolan Longway City of San Pablo – Vice-Chairperson Karineh Samkian (phone) City of San Ramon Steve Spedowfski City of Walnut Creek Rinta Perkins (phone)

Non-Voting: City of Richmond Lynne Scarpa

Joanne Le

Program Staff: Jamison Crosby Tracy Hein

I. Introductory Remarks and Announcements: The meeting was called to order by

Phil Hoffmeister at 9:38 a.m. which was followed by self-introductions and the following announcements:

1. CASQA Annual Federal and State Stormwater and Water Quality Regulatory

Update Meeting, 1-12-11. A webcast will be available. Jamison will likely attend and will share information as appropriate.

2. Elizabeth Lee, of the Central Valley Regional Water Quality Control Board has requested contacts for the Cities of Antioch, Brentwood, Oakley and County Flood Control for the letters they’re sending out to provide formal notification that the Delta Methylmercury TMDL is in effect. Phil Hoffmeister said he’s the contact for Antioch. Jamison will follow up with the other cities.

II. Approve November 14, 2011 Minutes: – Jamison asked for any input on the

November 14th meeting minutes. Hearing none the motion to approve the minutes

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was made by Dan Jordan with a second by Karineh Samkian. The motion passed unanimously with one person choosing to abstain for not having read the minutes.

III. Community Watershed Stewardship Grants: Discussion took place regarding the

2012 Grant Solicitation which has been sent out. It needs to be determined who will sit on the selection committee. It is anticipated to take a half day to review applications. Dan Jordan, Charmaine Bernard, Alex Anaya and CeCe Sellgren will be part of the committee. Jamison offered that co-permittees can designate one of their own to participate or Jamison can participate on behalf of co-permittees. The Committee decided Jamison will sit on the committee and can represent the program but others are welcome to take part as well. Applications are due December 22. Dan will determine how many applications are received and email the group right after the first of the year to provide a summary of who applied. The award(s) should be announced by early February. Jamiosn and Dan will need to be a look at the timing of the award as it relates to recommendation of recipient(s) by the committee, final approval by the Management Committee and the required ratification date.

IV. Program-Directed Monitoring: The Marsh Creek long term monitoring station is in

place and as of Nov. 22, 2011 was ready for sampling to commence. Nine different labs have been contracted for work with this station. Now it is a matter of waiting for the rain. Jamison brought up that there was an unusual measurement of high flow at the site given that there has been no rain. She will investigate why this may have occurred and report it to the City of Brentwood.

V. Regional Monitoring Coalition

1. Task 5 – Stormwater Treatment Retrofits – There is a requirement to install

8 to 10 retrofits in the Region. Contra Costa has 2 locations in city of Richmond. Both will be installed with grant funds by the deadline of October 2012 but the schedule is very challenging. The estimated cost is 3.1 million dollars for all retrofits, but there is only 2.75 million available from the gran. Discussions will ensue regarding whether and how projects can be scaled down or what an alternative might be. BASMAA has selected two design teams to be used on the regional projects to assist cities with developing design packages. The two firms were competitively selected and are Hyphae Design and WRECO. All projects are supposed to complete 10% design by January 10, 2012.

2. Pump Station Diversion at N. Richmond The San Francisco Water Board is sending out a 13-267 letter because they are not happy about the mix of projects associated with Pump Station Diversions. They do not believe there are enough soft projects for statistical

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analysis. They seem to be positive about Contra Costa’s project but they are not separating out jurisdictions with their comments. Discussion took place about the possibility of doing a desk top feasibility exercise to determine the potential range of future projects and information gleaned from the exercise might be used to make additional requests of members of the Region.

3. Creek status monitoring – regional probabilistic design – Jamison explained to the group that even though the MRP requires 10 sites to be collected for Status Monitoring parameters (BMIs etc), a total of 12 sites will actually be collected for status parameters. The additional 2 sites will be collected by SWAMP in non-urban areas of Waterboard Region 2 (San Francisco Bay region). The Program will collect 8 sites in the urban portions of Region 2 and Region 5 plus 2 non-urban sites.

4. Information Management System Development for Status Monitoring –

BASMAA is developing an Information Management System for status monitoring parameters as a regional project with EOA leading the project as an in-kind contribution. They plan to hire a subconsultant, Dan Stern, with database experience to help them design and build the database itself.

VI. Central Valley RWQCB – Methylmercury TMDL: The first deadline is April 20, 2012

for affected permitees to submit a letter to the Waterboard indicating how they will develop Control Studies. If permittees intend to collaborate on Control Studies, this should be indicated as well. If collaboration is done with others there may be extra time given to develop the workplans for the Control Studies themselves. This is an incentive to do it that way, but still to be determined is how to work out the financial cost-sharing if that approach is taken. In this sense, being involved in the Regional Monitoring Coalition gives us an advantage because we have experience with these kinds of partnerships already. The Control Study Workplan is due in July 2012 but an additional 9 months will be given if permittees work collaboratively.

VII. PCBs in Caulk – conclusions from report: As part of a grant task there was a study done to determine how many buildings have PCBs in caulk and whether implementing BMPs to try to prevent them from getting into stormwater was worth it. The report gave the results of the blind sampling that was done of 10 buildings around the Bay Area. PCBs were found in 88% of the samples collected with 40% exceeding 50 ppm concentration which is considered the level when action needs to be taken by the EPA. The medium estimate of PCB mass released per year from caulk to stormwater is about 0.04kg or .3% supply to stormwater.

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VIII. Tracking Mercury Containing Devices: A discussion took place about the requirement to track mercury loads and loads avoided by implementing certain practices. BASMAA had taken this on as a regional project but has stopped developing it further because of the recognition that this is one of many things were doing to control mercury and as such it should be handled along with the retrofits, diversion projects and others.

VIII. Summary of Action and Agenda Items for next meeting: Jamison will sit on the Committee to determine grant recipient(s)

Dan will get a list of the grant applicants out by January 2nd Jamison and Dan will look at the timing of the grant recipient ratification. Jamison to inquire about the total value of the design work associated with

the retrofit projects.

Jamison will ask Chris Sommers for the draft contract between San Jose and BASMAA.

Jamison discussed ideas for the January meeting and it was agreed that on January 9th, the date of the next meeting, a field trip to the Marsh Creek Monitoring site would be good to do. Committee members should meet at the Public Works building at 9:30. From there they can carpool or caravan to the site. The field trip will be weather permitting. If it’s raining, ADH will be out sampling and the field trip will be cancelled.

Next Monitoring Committee Meeting: January 9, 2011

9:30 a.m. Conference Room “B” (prior to field trip to Marsh Creek)

255 Glacier Drive Martinez, CA 94553

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CONTRA COSTA CLEAN WATER PROGRAM

Management Committee Meeting December 21, 2011 Minutes

Attendance:

MUNICIPALITY ATTENDED ABSENT

City of Antioch Phil Hoffmeister City of Brentwood Jack Dhaliwal City of Clayton Laura Hoffmeister City of Concord Frank Kennedy Town of Danville (Vice-chairperson) Chris McCann

(Via Phone)

City of El Cerrito Steven Pree City of Hercules Jose Pacheco City of Lafayette Donna Feehan City of Martinez Khalil Yowakim Town of Moraga John Sherbert City of Oakley Keith Coggins City of Orinda Cathy Terentieff City of Pinole Frank Kennedy City of Pittsburg Jolan Longway City of Pleasant Hill Rod Wui City of Richmond JoAnne Le City of San Pablo Karineh Samkian City of San Ramon (Chairperson) Steven Spedowfski City of Walnut Creek Steve Waymire Contra Costa County CeCe Sellgren Contra Costa County Flood Control & Water Conservation District

Mike Carlson

Contra Costa Clean Water Program Staff Tom Dalziel Jamison Crosby Elisa Wilfong Tracy Hein Donald Freitas

OTHERS/GUESTS:

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I. Introductions: Chair Steven Spedowfski began the meeting at 1:35 p.m. by initiating self-introductions by meeting participants.

II. Regional Board Staff Comments/Reports:

San Francisco Bay RWQCB – Selina Louie – Not in attendance

Central Valley RWQCB – Elizabeth M. Lee – Not in attendance

Tom Dalziel let participants know that Elizabeth Lee is training Steven Cross, our new permit writer, for the East Contra Costa NPDES Permit.

III. Presentations:

A. “2012 Community Clean Water Initiative” Update (Donald Freitas) Donald Freitas gave a status report on the initiative saying that the Board of Supervisors passed the resolutions to move the process forward unanimously. He shared the notice of public hearing was sent out to property owners in the county. 306,883 notices were mailed on Monday, December 19. As of the meeting, there were 22 calls with questions and/or concerns about the initiative. The next step in the process will be for SCI, Inc. and Tramutola staff members to focus on development of the public outreach plan. There will be a presentation to the Public Managers Association in January and informational/educational materials will be mailed to property owners the end of January and the second week in February. A phone program may be implemented based on available money that would encourage people to read and send in their ballot. This would not involve advocacy, just encouragement for education on the subject and to vote. Tramutola representatives have met with each City to interested parties to talk to about the measure. These meetings will roll out in January and February with Freitas doing the presentations. Presentations are also available for any meetings Management Committee members deem important. Educational information has been posted to the Program’s website. Freitas indicated the initiative has the endorsement of the Contra Costa Council. A presentation has been done to the Contra Costa Tax Payers Association but there has been no response as to whether they support the initiative or not. The next presentation will be to the editorial staff of the Contra Costa Times. Additional presentations will be made to interested parties.

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The committee members discussed how to work with their council members regarding the fiscal impact related to parcels owned by municipalities. The consultants should be able to hand out calculations so each would know what they would have to pay. Freitas will follow up by providing this information to municipalities. If the municipalities get questions regarding the notice and subsequent ballot initiative, they should refer these to Clean Water program staff and/or the program website where information about the program and initiative is available. Recognition: Prior to Presentation “B”, the Program Manager and the Management Committee took time to recognize Valarie Wiley for her hard work, initiative and resourcefulness with the Program over the past 15 months. Valarie will be leaving the Clean Water Program January 13 and all will be sad to see her leave.

B. Short-Term Trash Loading Reduction Plans Guidance (Elisa Wilfong) Elisa Wilfong gave a brief update and said the 5 municipalities that have trash capture devices have the go ahead for cleaning of catch basins the week of January 9, 2012. This is the 3rd monitoring event to be done in the Bay Area, but the second for Contra Costa. There may be one more depending on time and money. Wilfong encouraged members to use available information for development of their Short Term Trash Load Reduction Plan due by February 1, 2012. She assured participants there would be a chance to update the plans before the annual report so the information in the initial plan can be modified. Wilfong discussed guidance materials that are available to help municipalities understand how credit will be given for various reduction activities as well as determine what efforts will be best for each specific municipality. A question was raised regarding the submittal of the Short Term Trash Load Reduction Plans. It was confirmed that this will be a program submittal. All plans will be sent to Wilfong who will compile them and submit on behalf of the all municipalities. There was discussion as to whether the plans needed to be approved by the Management Committee prior to the submittal. It was determined each municipality will send their plan to the Program with a letter, signed and certified by each agency; therefore, no Management Committee approval would be necessary. Wilfong will send out a sample letter with appropriate certification language. Wilfong reminded participants the Water Board is expecting trash load reduction plans showing a minimum of 40% reduction in trash loads, and that provide sufficient details on how this reduction will be met. Wilfong acknowledged some

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municipalities’ plans may show reductions higher than 40% for various reasons; however, Wilfong assured the municipalities that they will not be compared with these municipalities; however, every municipality must show they will achieve at least a 40% reduction. Wilfong also reminded those jurisdictions that have not met with her individually that she is still available to meet and will help clarify what is needed in the plans.

C. Fiscal Year 2012-2013 Group Program Budget – Review and Discussion of Budget Policy Issues (Tom Dalziel) Tom Dalziel indicated that the first disbursement for the year should be to the municipalities the first or second week of January. Now that the work on that has been completed, focus can be shifted to development of the FY 2012/2013 budget. There are a number of factors that could have a significant impact on development of the budget, and Dalziel indicated he needed input from the Management Committee to help him move forward in draft budget process. The committee discussed several items, including those that revolve around the outcome of the Clean Water Initiative. The Management Committee provided input for proceeding with preparation of the first draft budget to be available at the January 18, 2012 meeting.

D. San Francisco Bay Regional Water Quality Control Board Review of Fiscal Year 2010-2011 Annual Reports (Tom Dalziel) Tom Dalziel provided committee members with a handout and discussed San Francisco Bay Regional Water Quality Control Board (Water Board) staff review of the FY 2010/2011 Annual Reports. Tom talked about requirements, and follow up that was done with municipalities around the Bay Area, three of which were in Contra Costa County. There was no indication in the follow up that there were any violations or that the Water Board would be providing additional review comments.

IV. Consent Calendar:

A. November 10, 2011 Development Committee Meeting Minutes B. November 14, 2011 Monitoring Committee Meeting Minutes C. November 16, 2011 Management Committee Meeting Minutes D. December 6, 2011 Administrative Committee Meeting Minutes Motion: Frank Kennedy Second: Karineh Samkian Passed: Unanimous

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V. Actions:

A. None. VI. Staff Reports:

A. Delta Methymercury Total Maximum Daily Load (TMDL) Implementation

(Jamison Crosby) Jamison Crosby updated the East County Permittees present on the TMDL Implementation. The Central Valley Regional Water Quality Control Board (CVRWQCB) adopted amendments to establish the Delta Mercury Control Program. The State plans to develop their own mercury policy so permittees should stay aware of what is going on. There would be two phases to the associated implementation. Phase 1 will be the development, implementation and evaluation of methylmercury control measures (a.k.a. Control Studies). This phase is expected to last through 2020. Phase 2 will require implementation of the methylmercury controls identified in Phase 1. Crosby went over the requirements of the TMDL and the compliance deadlines. The first of which is April 20, 2012 which requires submittal of an Organizational Report (one page letter) to the CVRWQCB explaining whether they will perform Control Studies on their own or as part of a collaborative. Crosby, Cece Sellgren and Charmaine Bernard will continue to look at what a collaborative effort might look like and the benefits of a possible collaboration. Likely collaborators are the Cities of Sacramento and Stockton.

B. BASMAA Committee Activities Program staff referred to the various BASMAA Committee meeting summaries and asked if there were any questions. No questions were asked.

VII. Information Items: A. The next meeting of the Management Committee is set for January 18, 2012 VIII. Old/New Business:

Tracy Hein announced that there are still 2012 Watershed Calendars available. If

anyone would like more they should contact Tracy. The cost is $1.50 each or $150 per box of 100.

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The group discussed the use of Groupsite after Tom Dalziel asked for their input on the site. Elisa Wilfong said the exchange of information for the baseline calculations would not have been possible without Groupsite.

IX. Adjournment:

Steven Spedowfski adjourned the meeting at 3:26 pm. TH: G:\NPDES\Management Committee\Minutes&Attendance\11 12\MC Min Dec 21.doc

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CONTRA COSTA CLEAN WATER PROGRAM

Administrative Committee

January 10, 2012 - Draft Meeting Minutes

Attendance: MUNICIPALITY ATTENDED ABSENT

City of Antioch (Vice-Chair) Phil Hoffmeister City of Clayton Laura Hoffmeister Contra Costa County David Swartz/Mitch

Avalon

Flood Control District Mike Carlson City of Hercules Jose Pacheco City of Martinez Tim Tucker City of San Ramon (Chair) Steven Spedowfski Non-Voting Members Town of Danville Chris McCann Program Staff Tom Dalziel Tracy Hein

I. Introductory Remarks – Steven Spedowfski began the meeting at 9:36 a.m.

II. Contra Costa Clean Water Program Personnel Update - Program

Clerical - Tom Dalziel reported that his top two of the original candidates will be coming in for a second interview. Valarie Wiley’s last day is scheduled to be this Thursday, January 12, but Tom has asked the County to extend that time frame by two weeks so she can assist in training the new person. Whether that will be approved is not known at this time.

III. “2012 Community Clean Water Initiative” – Tom Dalziel reported that to date the Program has received approximately 100 calls regarding the initiative. The majority are inquiring about the fee frequency (i.e., annual or monthly). The Clerk of the Board has received approximately 40 letters of protest. SCI is working on 2 Board of Supervisors’ Resolutions - one if there is 50+% property owner support and the other if 50+% oppose it. They are also preparing a staff report for the hearing.

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Dalziel also reported he and Donald Freitas have been in conversation with East Bay Regional Park District (EBRPD), which owns a large number of parcels in the county, 40 of which would be assessed a fee. EBRPD questioned having to pay a fee given all they currently do to improve the environment. Staff explained that Prop 26, which this initiative falls under, does not allow exemptions. The EBRPD Board will be meeting today to discuss the issue and will make a decision on whether to protest the fee or not. Discussion took place regarding media coverage and related concern over the spreading of misinformation. Dalziel reported that Tramutola, the public relations sub-contractor to SCI, has retained a specialist to help deal with high-profile outreach and media inquiries. Dalziel reported the Contra Costa Taxpayers Association has requested additional information about the water quality problem and if what is being proposed through the initiative will be effective in addressing the problem. At this point, the Contra Costa County Taxpayers’ Association has not taken a position. SCI is preparing a draft ballot and ballot guide for staff review. A challenge will be putting the information about the initiative in layman’s terms while also ensuring all legal requirements are met. It is estimated that about 3,000 of the 300,000+ mailers were returned, which is considered a relatively normal amount. SCI is attempting to find out the reason(s) behind the returned mail. The question arose about whether the ballot mailing would have the same results or whether the return issue can be addressed by that mailing. Given that the mailing list comes from the County Assessor’s official tax rolls the issue may or may not be cleared up prior to the ballot mailing. There was discussion and some concern about people saying they did not get the mailer. Staff will be prepared to address concerns regarding these issues at the February 7th hearing. Donald Freitas will be asked to give a detailed update on these issues at the Management Committee meeting on January 18th.

IV. Group Program Budget Report Tom Dalziel presented the first draft of the FY 2012/2013 Group Program Budget. He provided handouts to remind participants on the budget figures for this current FY 11/12 budget, discussed the summary of reserve funds and reviewed the initial proposal for FY 12/13 touching on some of the key differences from the current year’s budget. Tom reported that given the need

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to still get feedback from the Monitoring and Public Information / Participation committees the proposed budget is still very much in draft. A simplified presentation of the first draft budget will be done for the Management Committee at their January 18th meeting.

V. Approve the Draft January 18, 2012 Management Committee Agenda Dalziel reviewed a draft agenda for the January 18 Management Committee meeting. Following a suggested re-ordering of the presentation items, the Administrative Committee approved the agenda.

VI. Old/New Business Chris McCann expressed concern related to trying to get quality Trash Load Reduction Plans in by the February 1 deadline and wanted to know if there could be a request for a continuance/extension of two weeks. Her concern revolved around the issue that the information contained in the plan will not be accurate given that the baseline data distributed was not accurate. Dalziel reported Water Board staff was not authorized to make significant changes to the permit. Such matters would have to go before the Board. He said he would ask Program staff to check with other Bay Area Permittees to see if there is common concern about the inaccuracy of the data. In the meantime, Trash Load Reduction Plans should be submitted by the February 1 deadline and can include a statement to the affect that it is a working draft. Chris McCann also asked if there was any update regarding the requests for additional Fiscal Year 2010/2011 Annual Report information from the San Francisco Water Quality Control Board. It was discussed that a second email was sent out to some of the jurisdictions, but there was no significant information to share with the group.

VII. Adjournment – The meeting at 11:32 a.m.

Next Administrative Committee Meeting:

February 7, 2012 9:30 a.m. to Noon

255 Glacier Drive

Martinez, CA 94553 Conference Room “A”

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Date: January 18, 2012 To: Management Committee

From: Julie Haas-Wajdowicz, PIP Committee Chair By: Donald Freitas and Tracy Hein, Program Staff

Contra Costa Clean Water Program Subject: Action Item A - APPROVE the Public Information and

Participation (PIP) Committee’s “Model Local Bag Ordinance” and Recommendation that this Stormwater Trash Load Reduction Measure be Adopted by all Contra Costa Municipalities to Promote Countywide Consistency

Recommendation:

Approve the Public Information / Participation (PIP) Committee’s “Model Local Bag Ordinance” and recommendation that this stormwater trash load reduction measure be adopted by all Contra Costa municipalities to promote Countywide consistency. Background: As reviewed in Presentation Item E, following direction from the Management Committee the PIP Committee developed a “Model Local Bag Ordinance”. Adoption of this ordinance by all municipalities would further compliance with the trash load reduction mandates contained in Provision C.10 in the Municipal Regional Permit and promote consistency throughout the county. The PIP Committee has taken the lead on development of the countywide ordinance, offering opportunities for permittees to give input on the ordinance language. The PIP Committee is recommending the Management Committee approve the following:

The “Model Local Bag Ordinance” as written. Adoption by all municipalities to promote consistent implementation

countywide (i.e., by each Contra Costa Permittee).

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Fiscal Impact: None. Attachments: Provided with Presentation Item “E”. TD:th:vw G:\NPDES\Management Committee\Packet\11 12\Shells Working Docs\Tracy\Action Item A Jan 12.docx

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Date: January 18, 2012 To: Management Committee From: Dan Cloak, Program Consultant Contra Costa Clean Water Program Subject: Action Item B – APPROVE in Concept Preparation and Submittal

of Three Potential Proposition 84 Stormwater Grant Program Proposals, and Commitment to Provide Up to $50,000 in Cash for Matching Grant Funds for Fiscal Year 2012-2013

Recommendation: Approve, in concept, Program participation (potentially including matching funds) in three applications for the Proposition 84 Stormwater Grant Program.

Background: Proposition 84, the “Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006” provides the State Water Board $90 million in grants to be provided to local public agencies for the reduction and prevention of stormwater contamination of rivers lakes, and streams.

$8 million will go to the state’s bond and program administration costs.

$8 million is allocated to finance planning and monitoring necessary for the successful design, selection and implementation of Stormwater Grant Projects. There is a 1-step application process, with completed proposals due January 31, 2012. Grants will be between $100,000 and $1 million per project. A minimum match of 10% is required. The State Water Board estimates selected planning and monitoring projects will be funded in fall 2012.

$42 million is available for Round 1 Implementation Projects. Concept Proposals are due January 31, 2012. Selected applicants will be invited to submit full proposals in late 2012. Individual grants will be between $250,000 and $3 million per project. A minimum match of 20% is required.

$32 million in remaining funds will be granted for Implementation Projects through a Round 2 solicitation in FY 2013-2014.

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Eligible implementation project types include:

Implementation of Low Impact Development (LID) and other onsite and regional practices on public and private lands that seek to maintain predevelopment hydrology for existing and new development and redevelopment projects.

Compliance with TMDL requirements. For planning and monitoring projects, the State Water Board has provided a non-exclusive list of topics, which include planning and implementing LID at a watershed scale, development of a hydromodification model based on field verification, and stormwater capture and reuse, among other topics. The Program is pursuing the following potential applications. All would be due on January 31.

1. SF Bay Region Planning Grant. The San Francisco Estuary Project (SFEP) is lead agency on an application for a planning and monitoring grant. The project would initiate a GIS-based tool to be used for identifying and planning potential LID retrofit projects. The idea for such a tool originated with the San Mateo Countywide Stormwater Pollution Prevention Program and their consultant EOA, Inc. The San Francisco Estuary Institute (SFEI) would develop the tool. As a demonstration, the tool would be applied to selected participating municipalities. Redwood City, Fremont, and El Cerrito have expressed interest in participating. Dan Cloak Environmental Consulting has proposed augmenting SFEI’s GIS-based approach by conducting outreach to local public works staff, identifying up to 12 large-scale projects within the SF Bay Region where MS4 flows could be diverted to larger-scale LID facilities, and preparing conceptual designs for up to 6 such projects, with the aim of making the projects eligible for funding in the Round 2 implementation grant solicitation or future grant programs. Overall budget for this planning project may be up to $500,000; a match of $70,000 would be required and could be made up of in-kind contributions and cash payments. BASMAA will be invited to be a project participant. BASMAA member programs, including CCCWP, may be asked to pledge in-kind contributions and/or cash payments as matching funds. The split between in-kind and cash, and amount of support needed from each BASMAA member program, are to be discussed.

2. Contra Costa Municipalities—Implementation Grants. The Contra Costa Clean Water Program encourages and will assist Program member agencies to submit applications for Round 1 implementation grants that would be competitive for funding. To be competitive, a LID retrofit project should have a conceptual design developed sufficiently to evaluate feasibility and to estimate costs. The project should have no institutional barriers (for example, property ownership or environmental compliance issues) that could delay construction, and the source of matching funds should be identified. The Program is assisting the County (and potentially the City of Martinez) in preparing a grant proposal to enhance a planned parking lot expansion to provide LID treatment for the existing and expanded parking areas at the Contra Costa County Public Works Department (i.e., 255 Glacier Drive), and to treat additional drainage from the

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nearby and/or adjacent properties/facilities owned by the County and the City of Martinez (i.e., County Sheriff’s Office, County Juvenile Hall, County General Services, County Office of Emergency Services, and a portion of Glacier Drive. Further details regarding this project will be discussed at the meeting.

3. Contra Costa Clean Water Program—Planning and Monitoring Grant. It is recommended the Program submit a grant application to extend the hydrograph modification management modeling calibration and verification project at the current 5 locations (3 locations at the Pittsburg Fire Protection Building and 2 locations at Walden Park Commons in Walnut Creek) for additional years. The current project has been funded entirely through the Program for monitoring during 2011-2012 and 2012-2013. The grant would extend monitoring for two additional wet seasons and provide for analysis of the additional data. The budget for this project may be approximately $250,000, which would require matching funds of approximately $23,000. A portion of the match can be in-kind services by staff and consultants; in-kind matches may be calculated from the time the grant guidelines were published (2009).

The Program is requesting Management Committee approval, in concept, for participation in the above grant applications, and for a commitment to expend up to $50,000 cash in grant match funds as detailed under “Fiscal Impact” below. The proposed match funds are included in the draft Fiscal Year 2012-2013 Group Program Budget.

Fiscal Impact:

Up to $10,000, to be budgeted in 2012-2013, towards matching funds to support the Bay Area regional project application (#1 above). Actual amount may be less or may be zero, subject to BASMAA decisions to be made between now and the time of grant application. Funds would be required only if the grant were awarded.

Up to $20,000, to be budgeted in 2012-2013, towards matching funds for the Program’s Planning and Monitoring Grant application for extending the hydrograph modification management modeling and verification project for two additional years.

Up to $20,000, to be budgeted in the 2012-2013, towards the Contra Costa County/City of Martinez LID Retrofit Demonstration Project.

Attachment(s):

None. TD:dc:vw G:\NPDES\Management Committee\Packet\11 12\Shells Working Docs\Tom\Staff Report A Jan 2012 - Prop 84 Grant Applications.doc

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Date: January 18, 2012 To: Management Committee From: Program Staff By: Valarie Wiley Contra Costa Clean Water Program Subject: Staff Report A – BASMAA Committee Activities

Recommendation: Receive BASMAA Committees’ meeting minutes. Background: The following draft BASMAA Committee meeting minutes are attached:

December 7, 2011 Monitoring/POC’s Committee Meeting December 21, 2011 Public Information/Participation Committee Meeting January 5, 2012 Development Committee Meeting

Program staff will report any significant updates from the most recent BASMAA Committee meetings, and respond to any questions at the January 18, 2012 Management Committee meeting. Fiscal Impact: None. Attachment(s): See attachments listed above under “Background”. vw G:\NPDES\Management Committee\Packet\11 12\Shells Working Docs\Val\Staff Report BASMAA Jan 12.docx

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DRAFT Meeting Summary

Monitoring / POCs Committee

Wednesday, December 7, 2011 1. Budgeting and planning for Regional Projects (open only to BASMAA and member

program representatives / staff, and invited participants) A. Check-in regarding current projects’ budgets’ status B. Contracts and contract management

Action: Update MPC Regional Projects Status spreadsheet

Arleen Feng TBD

2. Introductions, Announcements, and Changes to Agenda (Arleen Feng)

Action: Respond to 12/7/11 request to provide documentation of in-kind contributions to 14 Committee projects in FY 09-10 and/or FY 10-11

Arleen Feng, Chris Sommers, Jon Konnan

1/13/12

3. Approval – November 2, 2011 meeting summary (Arleen Feng)

Vote: The Committee approved the November 2, 2011 meeting summary as drafted. 4. MPC / BOD Status Review (Arleen Feng)

A. BOD update B. Action Items from previous MPC meetings Outcomes: Received updates and reviewed Action Item status

Action: Update Action Item table Arleen Feng TBD

5. Regional Monitoring Coalition (MRP C.8.c, e, g, h)

A. Creek Status Monitoring Coordination and Reporting tasks (Arleen Feng) Outcome: Reviewed outline for Project Profiles and updated table of roles & functions

Action: Flesh out details of outline scopes and budgets Arleen Feng for 1/4/12 MPC

Action: Review and comment on next draft Committee members

TBD

B. Monitoring Status Report, July-Dec 2011 (Committee members)

Outcome: Received update on proposed content and process/timeline for review.

Action: Revise proposed Monitoring Status Report outline and timeline based on today’s discussion

Arleen Feng 12/9/11

Action: Review and comment on next draft Committee members

12/14/11

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BASMAA Monitoring / POCs Committee Meeting Summary DRAFT December 7, 2011

2

C. Creek Status Monitoring Information Management System (Chris Sommers) Outcome: Received update on scoping and contracting for technical memo on database options

Action: Send email to schedule conference call and distribute draft bullet points for memo contents to interested parties

Kristin Kerr TBD

6. Updates on POC Projects, other initiatives of regional interest

A. PCB/Mercury Pilots (C.11/12.d, f) additional Desktop Evaluation (Jon Konnan) Outcome: Received update and discussed objectives, oversight group, funding, and timeline of new study

Action: Distribute revised workplan fleshing out details of proposed scope, schedule, oversight and budget based on today’s discussion

Jon Konnan late December 2011?

B. Vehicle Brake Pads (C.13.c) FY12-13 scoping (Arleen Feng)

Outcome: Received update and discussed next steps

Action: Update draft FY 12-13 scope and budget based on feedback from Regional Water Board staff and Committee members

Arleen Feng Before 1/4/12 MPC

C. Other (Committee members)

7. Review New Actions and Deferred items (Arleen Feng) 8. Adjourn

Next BASMAA Monitoring / POCs Committee meeting is Wednesday, January 4, 2012

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BASMAA Monitoring / POCs Committee Meeting Summary DRAFT December 7, 2011

3

Meetings Attended

Affiliation /

Representing

Name Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

1 ACCWP Arleen Feng X X X X X X

2 CCCWP / NA Jamison Crosby X X X X X X

3 CCCWP / NA Tom Dalziel X

4 Fairfield-Suisun URMP Kevin Cullen P P X

5 ADH / NCSPPP Jack Betourne P X X

6 EOA / SMCWPPP Jon Konnan X X X X X X

7 EOA / SMCWPPP Lucy Buchan X P P P

8 EOA / SCVURPPP Chris Sommers X X X X X X

9 BASMAA Geoff Brosseau X X X P X X

10 City of San Jose / NA Eric Dunlavey X X X X X X

11 City of Daly City / SMCWPPP

Cynthia Royer X X X X X

12 City of Walnut Creek / CCCWP

Rinta Perkins X X P P X

13 City of Pittsburg X X X X X X

14 Consultant Armand Ruby X X X X P P

15 SFEI Lester McKee X X X X X

16 Regional Water Board Richard Looker X X X

17 Geosyntec Peter Mangarella X

18

19

20

21

22

23

24

25

X = In-person; P = by phone

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Next BASMAA PI/P Committee meeting is Wednesday, January 25, 2012

Draft Meeting Summary

Public Information / Participation Committee

Wednesday, December 21, 2011 Introductions, Announcements, Changes to Agenda ........................................... Geoff Brosseau Approval – November 30, 2011 meeting summary .............................................. Geoff Brosseau

Vote: Committee members approved the meeting summary. Selection of new Committee Chair ....................................................................... Geoff Brosseau

Committee members discussed the need for, and the role and responsibilities of a Chair.

Action: Geoff Brosseau will continue to look to identify a new Chair. Annual report reviews and pesticide TMDL implementation ... Jan O’Hara, Regional Water Board

Committee members received and discussed an update from Regional Water Board staff on their review of the annual reports (see attached).

Action: MRP programs will explore ways to promote the PAPA IPM seminars and EcoWise Certified.

Action: Geoff Brosseau will distribute Jan O’Hara’s update. Regional Outreach ................................................................. Cynthia Butler / Nick Laurrell, SGA

The Regional Outreach Campaign work group received updates and discussed the following:

Evaluation: Final check through survey and approach.

Agreement: The work group representatives approved the survey and the approach of not using a Southern California control group, and instead expanding the group of Northern California schools, which should be sufficient with pre- and post-surveys, and other progress surveys.

Action: Nick Laurrell will send out criteria for schools selection.

Youth Resource Council: Update and sizing questions

Branding: Update and timeline

Action: Nick Laurrell will send out brand concepts January 4 to work group and YRC for a month review.

PSA Contest: Update and timeline Regional Media Relations ......................................................... Sharon Gosselin / Julia Fishman

The Committee was briefed on the project status. Rainy season radio PSAs and press releases released and being picked up, including interviews. A joint Spare the Air / no burn wrapping paper press release with BAAQMD was released.

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BASMAA PI/P Committee Meeting Summary Draft December 21, 2011

Our Water, Our World .................................................................Geoff Brosseau / Annie Joseph Committee members received and discussed an update, and discussed next steps

IPM Advocates grant

Action: BASMAA will plan to put on a graduation / meet-and-greet event in June 2012 for the IPM Advocates for Retail Stores.

Home Depot and OSH

Distributor trade shows

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BASMAA PI/P Comm. Draft 2 December 21, 2011

Meetings Attended

Representing Name Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

1 Alameda Co. CWP Sharon Gosselin P P P P

2 Alameda Co. CWP Jim Scanlin P X P

3 Alameda Co. CWP Cynthia Butler P P P

4 Contra Costa CWP Michelle McCauley P P

5 Contra Costa CWP Tracy Hein P

6 Contra Costa CWP Dan Jordan P P P

7 Contra Costa CWP Rinta Perkins X P

8 Fairfield-Suisun URMP Kevin Cullen P P

9 Marin Co. STOPPP Gina Purin P P

10 Napa Co. SPPP Jack Betourne X

11 Napa Co. SPPP Gerardo Mendez X

12 SM Co. WPPP Tim Swillinger P P X P P

13 SC Valley URPPP Vishakha Atre P P X X P

14 SC Valley URPPP Jill Bicknell P

15 Vallejo San & FCD Jennifer Kaiser P P P

16 BASMAA Geoff Brosseau P P X P P

17 City of San Ramon Steven Spedowfski

18 City of San Jose Elaine Marshall P P P

19 City of San Jose Cheryl Wessling P

20 City of Palo Alto Karin North P

21 City of Palo Alto Maree Doden P P P

22 City of Modesto Gayle Ziegler P P

23 Union Sanitary District Mike Auer P

24 S. Groner & Assoc. Erica Hooper P X P

25 S. Groner & Assoc. Nick Laurell P X P

26 Consultant Annie Joseph P P P P

27 City of Sunnyvale Jackie Besoyan P P P P

28 O’Rorke Julia Fishman P P

29 Regional Water Board Jan O’Hara P

30

X = In-person; P = by phone

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