Title
Planning and Building Department, Tahoe Planning and Building Division, Stormwater Unit, recommending the Board consider the following:
1) Make findings in accordance with County Ordinance Code Chapter 3.13, Section 3.13.030 (C), Contracting Out, that due to the limited timeframes, temporary or occasional nature, or schedule for the project or scope of work, the ongoing aggregate of work to be performed is not sufficient to warrant the addition of permanent staff;
2) Approve and authorize the Chair to sign Agreement 9238 with Larry Walker Associates, Inc. for the provision of National Pollutant Discharge Elimination System Permit Technical and Regulatory Assistance, with a not-to-exceed amount of $100,000, and a term of three (3) years effective February 4, 2025; and
3) Authorize the Purchasing Agent to execute any further documents determined necessary related to Agreement 9238, including amendments which do not increase the not-to-exceed amount or term of the Agreement, contingent upon approval by County Counsel and Risk Management.
FUNDING: National Pollutant Discharge Elimination System Program (50% General Fund and 50% Public Utility Franchise Fees).
Body
DISCUSSION / BACKGROUND
All qualifying cities and counties in California must comply with the requirements of a National Pollutant Discharge Elimination System (NPDES) Permit administered by the State Water Resources Control Board and the nine (9) Regional Boards beneath it. The unincorporated portion of El Dorado County’s West Slope is covered under a Phase II General Permit for Small Municipal Separate Storm Sewer Systems (Phase II NPDES Permit), which became effective on July 1, 2013. Under this Phase II NPDES Permit, minimum control measures include public education and outreach, public participation/involvement, illicit discharge detection and elimination (IDDE), construction site runoff control, post construction runoff control, and pollution prevention/good housekeeping. In addition to current Phase II NPDES minimum control measures, the State Water Resources Control Board will also implement trash control implementation requirements and compliance milestones (Statewide Trash Amendments) into the County’s Phase II NPDES Permit upon reissuance or amendment. Due to the complexity of the Phase II NPDES Permit and upcoming amendments with new requirements, the Planning and Building Department, Tahoe Planning and Building Division, Stormwater Unit, (Department) has determined that it is necessary to contract with a consultant for the provision of NPDES Permit Technical and Regulatory Assistance.
Larry Walker Associates, Inc. (LWA) is an environmental engineering and consulting firm specializing in water quality management. LWA’s robust background in stormwater management activities includes NPDES permitting assistance, development and implementation of programs and guidance manuals for best management practices (BMPs), assessing stormwater quality monitoring data for regulatory compliance, establishing and conducting stormwater monitoring programs, and developing legal authority to establish stormwater management programs. The Department formerly contracted with LWA, under Agreement 6290 for a term of three (3) years and a not-to-exceed amount of $39,116, to assist in the implementation of the Pyrethroid Management Plan (PMP), which consisted of education and outreach activities, pesticide prevention activities, and reporting and management of the PMP.
It is recommended that the Board, in accordance with El Dorado County Ordinance Code, Section 3.13.030(C), find that the services provided by LWA are in the public’s best interest and due to the occasional nature of the services, the ongoing aggregate of work to be performed is not sufficient to warrant the addition of permanent staff.
Proposed Agreement 9238 with LWA, with a not-to-exceed amount of $100,000, and a term of three (3) years, will allow LWA to provide the Department with NPDES Permit Technical and Regulatory Assistance. LWA and the Department have collaborated to develop a comprehensive list of tasks and deliverables that LWA may provide throughout the term of the Agreement. These tasks include:
• Strategic Planning and Coordination - Guidance on Phase II NPDES Permit implementation and the status of regulatory, legal, and funding issues
• Program Development and Implementation
o Regulatory and Administrative
o Program Management
o IDDE Program
o Pollution Prevention/Good Housekeeping
o Construction
o Post-Construction
o Effectiveness Assessment and Annual Reporting
• Integrated Pest Management Advocacy and Outreach
o Store Set-up
o Store Trainings
o Store Visits
o In-Store Outreach Event
o Special Events
o Our Water Our World (OWOW) Support Materials
o Review of Integrate Pest Management (IPM) Program
ALTERNATIVES
The Board may choose not to approve the proposed Agreement. This would result in delays in completing other tasks and projects that staff are currently fully engaged on as those staff would have to absorb the additional work needed.
PRIOR BOARD ACTION:
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management have approved the proposed Agreement.
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Although funding for these services has not been included in the Department’s Fiscal Year 2024-25 budget, there are sufficient savings in Professional Services to cover these costs, and funding for these services beyond Fiscal Year 2024-25 will be included in subsequent years’ budgets accordingly.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on two (2) original copies of the Agreement; and
2) The Clerk of the Board will forward one (1) fully-executed original Agreement to the Chief Administration Office, Procurement and Contracts Division, for further processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Brendan Ferry, Chief Deputy Director
Planning and Building Department