Title
Adopt a Resolution to Approve a Cooperative Implementation Agreement with the California Department of Transportation for Construction of Two Storm Water Trash Capture Devices, Appropriate $3,300,000 from the General Fund to be Reimbursed, and Authorize the City Manager to Accept and Execute All Documents Related to the Grant Funds for the Trash Capture Devices, Project No. 2017.0540
Staffreport
COUNCIL PRIORITY
• Infrastructure
• Sustainability & Resiliency
SUMMARY
This agreement will provide construction funding to the City of San Leandro from CalTrans for the design and construction of two City storm water trash capture treatment devices that will be expanded to also address storm drain runoff from selected CalTrans right-of-way areas.
RECOMMENDATIONS
Staff recommends the City Council adopt a resolution taking the following actions:
• Authorizing the approval of the Cooperative Implementation Agreement;
• Appropriating $3,300,000 in reimbursable funding towards the project; and
• Authorizing the City Manager to execute all related grant documents
BACKGROUND
The San Francisco Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit CAS612008, Order No. R2-2022-0018, commonly referred to as Municipal Regional Permit 3 (MRP3), became effective on May 11, 2022. The updated permit introduced more stringent stormwater treatment and reporting requirements compared to the previous NPDES permit. The City of San Leandro is among the agencies regulated under MRP3. One of the key provisions of this permit is section ‘C10,’ which pertains to storm water trash load reduction. Under this section, Permittees must achieve either a 100% reduction in trash from stormwater or ensure that stormwater trash has no adverse impact on receiving waters by June 30, 2025.
In compliance with MRP3, staff submitted an updated Trash Load Reduction Plan to the Alameda County Clean Water Board and the State Water Board in July 2023. The plan detailed actions necessary to meet the new requirements, including the installation of 177 small point-source storm drain inlet screens and 7 larger in-line storm drain trash capture devices. The inlet screens are custom sized to fit the existing storm inlets and can be installed without requiring any special permits or detailed design documents. In contrast, the larger full trash capture devices (TCDs) are significantly more complex, requiring substantial investment, site-specific design, and permitting procedures.
Analysis
CalTrans facilities located within the MRP3 permit area are subject to these permit requirements. To meet these obligations, CalTrans will provide construction funding through a Cooperative Implementation Agreement (CIA) to agencies that are willing to accommodate and provide treatment of storm drainage from priority CalTrans drainage zones through the use of adjacent or overlapping local agency stormwater treatment devices. City staff contacted CalTrans representatives, who indicated that such funding may be available for San Leandro.
Of the seven proposed large trash capture devices identified in San Leandro’s approved Trash Load Reduction Plan, two sites overlap with CalTrans right-of-way drainage areas (identified as Sites 14.1 and 14.2). The CIA only covers the construction of trash capture devices at these two sites. Construction of trash capture devices at the remaining five sites will be funded through a separate funding source and will be constructed separately by the City.
The proposed trash capture devices at Sites 14.1 and 14.2 will treat runoff from 565.5 acres within the City of San Leandro and 28.5 acres from CalTrans, including 5.5 acres designated as a Significant Trash Generating Area (STGA). Site 14.1 is owned by the Alameda County Flood Control District (ACFCD) and is located at the outlet of an ACFCD canal west of the Nimitz Fwy and south of Fairway Drive. The proposed TCD at Site 14.1 will be installed within the ACFCD canal. Site 14.2 is approximately 50 feet north of an ACFCD canal at the corner of Wicks Boulevard and Merced Street. The proposed TCD at this location will be installed on both Alameda County property and City of San Leandro right of way.
The terms of the CIA require that the City complete construction by May 1, 2029. Upon completion, the City will be responsible for maintaining the installed trash capture devices. Both conditions are considered achievable and acceptable by City staff. If the City does not enter into the CIA, it will need to undertake this significant project independently, including shouldering the full costs of implementing the project, which would put a strain on the City’s limited budget.
Current Agency Policies
• Maintain and enhance the City’s infrastructure
Previous Actions
• On November 6, 2023 by Resolution No. 2023-146, the City Council approved and authorized the City Manager to enter into a Consulting Services Agreement with Schaaf and Wheeler for the design of Stormwater Trash Capture Devices, Project No. 2017.0540 in the Amount of $675,000; authorized individual amendments up to 10% (or $67,500) of the original agreement; and authorized cumulative amendments up to 30% (or $202,500) of the Original Agreement
Applicable General Plan Policies
• Policy EH-4.1 Urban Runoff Control: Continue to implement water pollution control measures aimed at reducing pollution from urban runoff. These measures should emphasize best management practices by residents, businesses, contractors, and public agencies to ensure that surface water quality is maintained at levels that meet state and federal standards.
• Action EH-4.1.A: Trash Capture Devices. Develop a funding plan for the installation and maintenance of trash capture devices on City storm drains, in order to comply with the unfunded State mandate for 100 percent trash capture in local storm drain systems.
• Policy EH-4.5: Public Works Maintenance. Continue, and if feasible expand, City Public Works maintenance activities, including scheduled street sweeping and cleaning of storm drains and culverts, to minimize pollution from surface runoff.
Permits and/or Variances Granted
Appropriate permits will be obtained for this work before construction of the project. The exact agencies will be determined based on the design details, but may include permits and approvals from the following agencies:
• California Department of Transportation (CalTrans)
• San Leandro Community Development Department, Building Division
• Alameda County Flood Control District
• Alameda County Department of Environmental Health
• Army Corps of Engineers (including consultations with the U.S. Fish and Wildlife Service)
• Bay Conservation and Development Commission (BCDC)
• San Francisco Bay Regional Water Quality Control Board (RWQCB)
The City of San Leandro will be responsible for obtaining an environmental permit given the devices will be installed in an open channel, which is classified as a potentially sensitive habitat area. The project will include a Memorandum of Understanding (MOU) or maintenance agreement between the City and ACFCD for the long-term operation and maintenance of the constructed water capture facility.
Environmental Review
Environmental review for this project will be performed per the California Environmental Quality Act (CEQA) based on input from regulatory agencies on the conceptual design.
Code Compliance Review
Code compliance will be reviewed as appropriate during the construction permit review process with the San Leandro Community Development Department.
Legal Analysis
The City Attorney has reviewed the language of the grant agreement and approved it as to form.
Fiscal Impacts
The estimated cost of this grant funded project is detailed below. The budget authority section has details on funding types, accounts, and authorizations. Capital Improvement Project accounts are carried forward for five years or until the work is complete, whichever occurs first.
Additional Consultant design fees (Schaaf and Wheeler) $350,000
Construction of Site 14.1 and 14.2 $2,200,000
Contingency $650,000
Project management (City staff allowance / permits) $100,000
Total Cost $3,300,000
The CalTrans grant funds are anticipated to cover the full cost of the two sites related to treatment of CalTrans’ drainage facilities. No City matching funds are required, and any costs beyond the above grant amount would be borne by the City. However, no such additional costs are expected.
The budget and construction of the other five sites identified in the City’s Trash Load Reduction Plan will be funded and constructed separately.
Budget Authority
The above grant contract will be funded under a new account:
New Account No. Amount
150-38-424 $3,300,000
ATTACHMENTS
• A - Resolution
• B - CIA Informational Flier
• C - Caltrans Cooperative Implementation Agreement
PREPARED BY: Mark Goralka, Associate Engineer, Public Works / Engineering Division