DATE: March 25, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Approving the Purchase of Trash Capture Devices for Cabot Boulevard, Project No. 07746
RECOMMENDATION
That the City Council adopts the attached resolution (Attachment II) approving the sole- source purchase of three Continuous Deflective Separator (CDS) trash capture devices for the existing storm drain pipes on Cabot Boulevard for an amount not-to-exceed $650,000.
SUMMARY
The proposed project would purchase three CDS units in the existing storm drain pipes on Cabot Boulevard to capture trash from the storm water system as part of the City’s trash reduction mandate from the San Francisco Regional Water Quality Control Board (Water Board). The CDS units create a continuous swirl of stormwater to concentrate and separate trash and debris. According to a cooperative implementation agreement between the City and Caltrans to install trash capture projects to achieve mutual trash reduction credit, the project will be funded by Caltrans.
BACKGROUND
The National Pollution Discharge Elimination System (NPDES) program was established in 1972 by the Federal Clean Water Act. The NPDES program was amended in 1986 to regulate stormwater runoff and established a permitting structure for municipal discharge to the waters of the state. From 1990 to 2009 each municipality in the Bay Area was regulated under countywide stormwater permits with individual requirements specific to each county.
On October 14, 2009, the first regional stormwater permit, the Municipal Regional Permit (MRP), was adopted by the San Francisco Bay Regional Water Quality Control Board. The MRP regulated municipalities within the counties of Alameda, Contra Costa, Santa Clara, San Mateo as well as the cities of Fairfield, Suisun, and Vallejo and the Vallejo Sanitation and Flood Control District. Municipalities and local agencies included in the MRP are referred to as
‘Permittees’. The MRP is renewed about every five years and on July 1, 2022, the Water Board adopted the third MRP (MRP 3.0). The MRP 3.0 covers storm water discharges from municipalities and local agencies (also called permittees) in Alameda, Contra Costa, San Mateo, and Santa Clara counties, and the cities of Fairfield, Suisun, and Vallejo.
Provision C.10 of the MRP 3.0 includes the trash reduction requirements for Permittees to reduce all trash from stormwater systems to waters of the state by 100% by July 1, 2025. As of September 1, 2024, the City has achieved 97.7% credit for trash reduction using trash capture devices in storm drain infrastructure. The City currently owns 629 small trash capture devices installed in storm drain catch basins and six large underground trash capture devices installed in storm drainpipes located at Tyrrell Avenue, Patrick Avenue, Cotter Way, Tennyson Road, and Arf Avenue. A sixth location for a large trash capture device installation is the current project on Cabot Boulevard, planned for FY26.
The City has partnered with Caltrans to achieve mutual trash reduction projects, using large full trash capture devices to treat large areas found to have trash in Hayward. Like the City, Caltrans also has a mandate to eliminate trash from stormwater from its rights-of-way. Also like the City, Caltrans has a trash reduction plan, which includes installing trash capture devices to remove trash from stormwater flowing on or from their right-of-way (ROW).
Throughout Caltrans ROW there are very few opportunities to install large trash capture devices due to space needed for installation and the direction of stormwater flow along freeways. Caltrans and several cities have looked to collaborative projects to install trash capture devices downstream of Caltrans ROW, within city jurisdictions to capture trash in areas required to be treated for trash. On April 20, 20211, the City Council authorized a cooperative implementation agreement whereby Caltrans agreed to fund the installation of the two projects. To date, the collaborative agreement between the City and Caltrans has resulted in device installations on Tennyson Road and Arf Avenue and have treated over 800 acres in Hayward.
DISCUSSION
Per the terms of the cooperative implementation agreement Caltrans, the City will receive an additional $800,000 from Caltrans. Due to Caltrans’ expenditure deadlines, at least $500,000 must be transferred to the City by April 1, 2025.
Installing CDS devices at the Cabot Boulevard location would treat more than 1,000 acres including Southland mall and other commercial properties. The Cabot Boulevard project location is still under review, by the Alameda County Flood Control District (District) as the stormwater pipe is owned by the District. Staff will continue to work with the District to find an acceptable design for the project as the watershed’s needs are understood. Please refer to Figure 1 below for location of the proposed CDS units for Cabot Boulevard and the drainage area it would treat.
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4916428&GUID=5A8A9657-693A-48B0-9D7F- 7E207950AC98&Options=ID|Text|&Search=april+20
Figure 1: Cabot Boulevard CDS Location Map
The Cabot Boulevard project would install three large trash capture devices in the existing stormwater pipes to treat storm water to meet MRP 3.0 trash reduction requirements and mutually benefit the City and Caltrans. The CDS devices at this location would capture trash from approximately 1,055 acres of storm water runoff area and provide approximately 10% trash reduction credit to the City. The area treated, though not needed for reduction credit, provides treatment for private lands directly connected to the City’s stormwater pipes in the City’s ROW, therefore bypassing the City’s ability to treat their stormwater in the adjacent street. Downstream treatment saves businesses money from installing their own trash devices. In addition, a large device downstream reduces more trash from waterways as the units can collect trash that bypasses smaller devices upstream during heavy storms. Caltrans is providing the funds to complete this project and budgeted a total of $1,900,000 to complete the project.
Sole Source Purchase – The City currently has six CDS units manufactured by Contech Stormwater Solutions (Contech). Contech is the only company that manufactures this type of device using the CDS technology. Staff’s experience with previous CDS installations has been successful both for trash capture and ease of maintenance. Staff believes that the Contech CDS unit is the most appropriate device to capture the trash from storm water runoff at Cabot Boulevard. The Contech devices are Water Board approved as full trash capture and will
satisfy all stormwater requirements. In addition, other municipalities in the Bay Area including the Cities of Richmond, San Jose, and Oakland have installed Contech CDS devices and maintenance and ease of use have been similar to the City of Hayward’s experience. If approved, staff will purchase the Contech CDS units directly from Contech.
The City will be responsible for the long-term maintenance of the CDS units on Cabot Boulevard and will include annual cleaning to remove the trash using the City’s personnel and equipment. The maintenance will be scheduled typically in the spring or summer months prior to the rainy season for cleaning as is currently done with six CDS units in current operation. Annual maintenance of the CDS units is completed by Streets and Maintenance utilizing staff and vactor truck equipment maximizing local resources.
Current City Compliance with C.10 –
As of September 2024, the City has achieved a 97.7% reduction of trash through installation of large and small trash capture devices. The final reduction credit to comply with the 100% mandate by July 1, 2025, includes inspection of private properties that bypass the City’s storm drain system and directly connect to the main stormwater pipes in the City’s right of way.
These properties, called PLDA (private land drainage areas), are under a specific inspection program after being identified and assessed for trash generation. Staff has inspected the PLDA properties and will require that their owners reduce trash by 100% by July 1, 2025, by either operational actions or installation of full trash capture devices. All PLDA inspection activities will be reported in the 2024/2025 stormwater annual report to document Hayward’s 100% compliance with the trash reduction mandate.
ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Minor Alteration of Existing Facilities) and Section 15302, Class 2 (Replacement or Reconstruction of Existing Facilities) of the CEQA Guidelines.
ECONOMIC AND FISCAL IMPACT
The proposed project would not impact the City’s General Fund. The cooperative agreement between the City and Caltrans will provide $1,900,000 for this project. Staff time associated with managing the project will be reimbursed by Caltrans. Costs associated with maintenance of the devices will be paid for from the Stormwater Fund. The estimated project costs are as follows:
Design and Construction Administration - City Staff $14,000 Testing and Inspection Services (Estimated) $15,000 Construction Contract (Estimated) $1,125,000 Trash Capture Devices (Contech) $650,000 Administrative Change Order (Estimated) $96,000
Total: $1,900,000
STRATEGIC ROADMAP
This agenda item does not relate to a specific project identified in the Council-adopted Strategic Roadmap, but it supports the priority of Invest in Infrastructure.
SUSTAINABILITY FEATURES
The CDS units, along with the existing trash capture devices in the City’s storm drain system, will help to limit the pollutants that enter local creeks and the San Francisco Bay.
PUBLIC CONTACT
No public contact has been made regarding this agenda item. Prior to and during construction, notices will be provided to affected residents, property, and business owners to inform them of the nature and purpose of the work, potential impacts, work schedule and City contact for additional information. In addition, staff will work closely with residents and businesses close to the project site, to minimize potential impacts.
NEXT STEPS
If the City Council approves this project, staff will purchase the CDS units from Contech once design is complete. Caltrans can release the funds upon City Council adoption of the attached resolution. Installation costs to install the CDS devices will be funded by Caltrans under the City’s agreement with Caltrans. Staff will return to the City Council with a contractor bid package in late 2025 when design is completed.
Prepared by:
Elisa Wilfong, Water Pollution Control Administrator
Erik Pearson, Environmental Services Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_______________________________________
Dr. Ana M. Alvarez, City Manager