Fremont City Council Meeting: 06/03/25 07:00 PM
3300 Capitol Avenue Div/Dept: Environmental Services
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5466) DOC ID: 5466
Updated: 5/29/2025 2:44 PM by Dina Lewis Page 1
UNION SANITARY DISTRICT AGREEMENT - Approval of a Five Year Agreement with Union Sanitary District for Continued Inspection Services Related to the City's Urban Runoff Program
Contact Persons:
Name: Kathleen Cote-Guarnieri
Title: Environmental Services Manager
Div/Dept: Environmental Services
Phone: 510-494-4583
E-Mail: [email protected]
Executive Summary: Fremont has contracted with Union Sanitary District (USD) since June 1992 for inspection and related enforcement and reporting activities specified within the City's federally mandated National Pollutant Discharge Elimination System (NPDES) permit. These activities are designed to reduce pollutants discharged into the municipal storm drain system. This partnership improves efficiency and reduces the City’s compliance costs because the NPDES inspections are incorporated into USD’s existing pollution prevention inspection program, eliminating the need for the City to establish a separate inspection program.
The current agreement is set to expire on June 30, 2025. To continue this effective partnership, staff recommends the City Council authorize the City Manager, or designee, to execute a successor five-year agreement effective July 1, 2025, with an option to extend another five years beyond the initial term. This would continue inspection services though the current NPDES cycle (expiring in June 2027) into the next NPDES permit cycle.
The recommended agreement continues the existing operating terms and conditions but updates the compensation to include a 3.5% annual CPI adjustment from the 2024/2025 level of $432,951. The not-to-exceed value for the five-year period would be $2,450,000, which includes a contingency of $47,056.
This agreement would continue to be funded 50% from Fund 115 (Integrated Waste Management) for solid waste-related actions and 50% from Fund 123 (Urban Runoff) for other urban runoff compliance actions. There would be no General Fund Impact.
BACKGROUND: The federal Clean Water Act's 1987 amendment requires that storm water discharges from municipal storm drain systems be regulated under a nationwide surface water permit program called the National Pollutant Discharge Elimination System (NPDES).
This permit is enforced by the Regional Water Quality Control Board (Water Board).
To meet NPDES permit requirements, Alameda County and its 14 cities (including Fremont) created a Joint Powers Agreement (JPA) in October 1991 called the Alameda Countywide Clean Water Program (ACCWP). The JPA provides the most efficient means for these municipalities to maintain the NPDES permit. Although some activities are performed through the JPA, it is each municipality's responsibility to inspect business types and new developments within its jurisdiction that have the potential to discharge inapprop riate Council Staff Report (ID # 5466) Meeting of June 3, 2025 Updated: 5/29/2025 2:44 PM by Dina Lewis Page 2
material into the storm drain system. Municipalities are required to submit annual inspection plans to the Water Board and report on inspection results and any enforcement actions taken.
Since 1992, Fremont has contracted with USD for inspection activities for commercial and industrial business and restaurants. The agreement includes other supporting tasks, such as:
• Inspection data base maintenance and activity reporting • Public outreach to the public, business community and schools • Cleanup of non-hazardous spills, cleaning storm drain lines as requested by the City, and emergency repair of sanitary sewer lines causing illicit discharges
The contractual arrangement focuses USD work in areas with a nexus to the sanitary sewer program or where there is USD infrastructure (e.g., database). USD inspects a substantial number of businesses annually to verify discharges to the sanitary sewer. Contracting with USD to conduct storm water inspections allows one inspector to conduct both inspections on a single trip, reducing the cost of sending out inspectors for separate inspections. This also enables the City to utilize the inspection database initially established for sanitary sewer reporting.
The Water Board regulates NPDES compliance through five-year permits which have progressively increased requirements for each permit cycle. The current permit is scheduled to expire June 30, 2027, and the Water Board is expected to issue a successor permit prior to that expiration date. The proposed agreement has sufficient flexibility however, to adjust activities as needed in response to evolving permit requirements.
DISCUSSION/ANALYSIS: The primary elements of the USD contract include the business inspection program, database management/reporting and public outreach and are described below. The new agreement will continue the existing scope of services.
Business and Restaurant Inspection Programs: USD inspectors will continue to conduct approximately 800 storm water inspections annually at locations where they are also conducting sanitary sewer inspections (e.g., restaurants). USD inspectors are well trained in pollution prevention and are certified by the California Water Environment Association. USD inspectors provide the local community with a single point of contact, which improves customer service and is beneficial when sanitary sewer issues impact the municipal storm system.
Database Management/ Reporting: USD has developed and maintains a sophisticated database for managing business inspection and enforcement information. Staff can easily extract the reporting information required by the Water Board. Since this database was developed for sanitary sewer programs and modified to incorporate clean water program data, the City has benefited from this system at minimal cost. This task also includes the clerical staff support necessary for data entry and information extraction.
Public Outreach: USD staff incorporates storm water pollution prevention messages into sanitary sewer public education and outreach, where appropriate. This includes introducing storm water issues to students during classroom visits, distributing brochures, videotapes, Council Staff Report (ID # 5466) Meeting of June 3, 2025 Updated: 5/29/2025 2:44 PM by Dina Lewis Page 3
and other outreach materials that address both the storm drain and sanitary sewer systems, and assisting and coordinating City staff on public education and outreach projects.
When sanitary sewer and clean water information is represented during the same event, the expenses are split 50/50 between the City (through the contract) and Union Sanitary District (sanitary sewer program). This relationship allows the City to cost effectively expand its outreach and education opportunities.
The proposed agreement contains changes to the term and budget as described below. • Term: Staff is recommending a five-year period (July 1, 2025 – June 30, 2030) and an option to renew for an additional five years (July 1, 2023 – June 30, 2035), upon mutual consent. This would enable the City to continue utilizing USD for compliance activities for potentially three permit cycles.
• Annual Budget: The annual not-to-exceed budget reflects a CPI adjustment of 3.5% for each fiscal year plus a contingency for the five-year period of $47,056.
FISCAL IMPACT: The cost for the USD Agreement would continue to be included in the Environmental Services Division operating budget and funded through Clean Water Protection Fees, collected for the purpose of NPDES compliance, and Integrated Waste Management Fee for solid waste related actions. This agreement would have no impact on the General Fund.
ENVIRONMENTAL REVIEW: Authorizing the City Manager or designee to execute the Agreement with Union Sanitary District for services related to the City's Urban Runoff Program as described this staff report is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2), (4) and/or (5) as it is a fiscal or administrative action that does not have the possibility to cause a significant effect on the environment and/or CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager, or designee, to execute the Agreement with Union Sanitary District for services related to the City's Urban Runoff Program as described in this staff report.