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Home My WebLink About4.03 WaterQualityFinesRpt ~\.'~;'r: ,~. . . . '" .... CITY CLERK File # [l][Q][QJ[Q]-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 19,1997 SUBJECT: Informational Report on Water Quality Fines Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS ATTACHED: 1) Letter from Kaufinan and Broad to California Regional Water Quality Control Board, plus Letter from Friends of the Estuary . Fax from C.A. Page Co. (Hansen Development), plus Letter from California Regional Water Quality Control Board 2) RECOMMENDA nON: ~ ~ Receive report for informational purposes and file. FINANCIAL STATEMENT: There is no cost associated with this report. DESCRIPTION: Staff received direction from the City Council to investigate whether any part of a Developer's fine imposed by the Regional Water Quality Control Board (R WQCB) due to Urban Runoff Program violations could be used for City projects. Regarding the fines levied on the California Highlands and Hansen Hill projects, Staffhad investigated the use of the proceeds for improving downstream capacity projects and was told that the mOAey must be used for water quality enhancement projects, as determined by the Regional Water Quality Control Board. Some of the proposed projects do benefit Dublin directly. The allocation of the fines is as follows: California Highlands (Kaufinan & Broad): Amount offine. $85.800 $ 12,900 - paid to RWQCB for staff time and the State Cleanup-and Abatement Fund $ 25,000 - RWQCB Outreach program, specifically related to an erosion control manual and workshops $ 20,000 - "Kids in Creeks" Program in the Dublin area (Friends of the Estuary) $ 27 ,900 ~ Watershed Enhancement and Streambed Improvement above the California Highlands project area. The watershed related to the Kaufinan and Broad project is within an area to be controlled by the East Bay Regional Park District. As of August 4th, Kaufinan and Broad was working with the EBRPD and had toured the area with District representatives to discuss enhancement alternatives. COPIES TO: Dale ~owyer, RWQCB 4.] ITEM NO. g:agemnisc\rwqcfme . ,'i"""':-""l'~\-'~- .. . Hansen Hill (Warminilon Homes); Amount affine. $182.800 .' $25,300 - paid to RWQCB for staff time and the State Cleanup and Abatement Fund $35,000 - paid to Woodward-Clyde for preparation ofan erosion control manual $30,000 - "Kids in Creeks" Program in the Dublin area (Friends of the Estuary) $15,000 ~ paid to RWQCB for Outreach program and educational programs $77,500 - Enhancement of Martin Canyon Creek and tributary ravines. The "Kids in Creeks" program involves periodic cleanup of creeks and flood control channels by school children. City Staff has worked with school district representatives on these occasions during the past few years and have provided trash bags 8lld coordinated delivery of dumpsters for the cleanup. Staff is also working with both developers toward enhancement of watershed areas and creek channels in order to reduce future erosion. The Martin Canyon Creek area will eventually be dedicated to the City once the improvements have been made. . . Page 2 K/:JF MAN B ROi ~ . March 31,1997 ,.., f" ...... H;c:\. ell! . ~ ~... v E f) Mr. Hossain Kazemi California Regional Water Quality Control Board San Francisco Bay Region '. 2101 Webster Street, Suite 500 Oakland, CA 94612 AUG (} 5 1997 p! 1'-"/ /_... utJL C I;'II""-"-"r '- ., ',j r\ t"-i Re: Complaint Order No. 96-095 Dear Mr. Kazemi: This letter will provide you with an update of our current status regarding Complaint Order No. 96-095. To date, we have completed the following: 1. Contribution to Friends of the Estuary, for a Dublin area .'Kids in the Creek" program. Attached you will fInd a copy of our check for $20,000 payable to Friends of the Estuary as proof of payment. . 2. Cooperate with the board's Outreach program related to the Erosion and Stornl Water Control Inspector's Field Manual. The funds, $25,000, will be used to sponsor workshops on Erosion Control and for printing and distribution of the manual. Attached is a copy of our contract with Marcia Brockbank.. Program Manager. and a copy of our fIrst payment check for $12.500. Our second payment of $12,500, was sent on February 21, 1997 and the canceled check has not returned to our office as of the date ofthis letter. 3. Enclosed you will fInd our check for $12.900, payable to the State Cleanup and Abatement Fund. This is to cover staff costs incurred in the preparation of the complaint. the amended complaint and the identification of acceptable mitigation projects. Our final remaining obligation is to provide $27.900 towards a watershed enhancement and streambed improvement project at our California Highlands community. We have discussed this proposal with East Bay Regional Parks District, and they are interested in the idea of improving the open space surrounding the community. We plan to set up a meeting with our contact person at the district and walk the site to look at enhancement alternatives.. This should take place within the next two weeks and I will have the district's representative send you a letter outlining the proposal, and hopefully their concurrence with the program. . EX~i~~r~l__ _ ~.... 110..2.. IC"UfMAN AND IROAD Of ~ :~LlI1 CROW ~^NYON rlAC[ SUIT[ JO(\ "AN RAMOr-.: l.: KJ 'JFMAN B ROJ. J Page 2 Finally, I have enclosed photos of our California Esprit community in Tracy. As you recall. I mentioned that we sprayed the lots with an erosion control material and the result. as you can see, was very positive. If you would desire more information regarding the product. please call. If you should need anything fwther, please feel free, to contact my office at your earliest convenience. Sincerely, Kaufman 8. Broad of North em California, Inc. A7~l(C? ~b;rt Knobel " Vice President - Director of Operations RK.:ls Enclosures cc: John Bertero w/o Enclosures John Bayless w/o Enclosures KAUFMAN AND tROAD OF NORTHERN CALIFORNIA. INC_ ~ I ~ (J C 1\ 0 W C ^ N YON r LAC [ S tJ I T [ 3 (J" \ ^ N II. ^ M 0 N t,; ^ L I FOil. N I A Q. S A .1 T [L ~ I (J _ t I. 6 ",.t," F ^ x ~ I II K /. i. 11 J i . . . . 7' . Board of Dirllctors Ivlargl\ A'amouru Cnmles Bam Geof! Brosseau ~,;,r.nael P Carlio Se:~=~E~~ Jane; em ":"ri.~:w t~!rls!etn David ~ F;e:-nmg ["JC~'i', L1 Frale,gl1, P,E jarnes Hausseoer Pa' fie1Jedu,. P E !.h:ni:ief Lozeau. J.D. ?"e~ a~~~ Jav Mal:nnwsk' :,:""'.: \"I,I)"S'O P',O \ :'~:~i!~i \:'oj Mr.nros "I ~ Isa t'.ld,I,'e\ JIlT: Pacl1! . ;:;' ?"=5 ::-E-: ':'7"::,:" Pot;erson, A.LC.P ROO~rl RJa~ B,lrbarn Salim;"!li tdof', S,lk", Tert Sml1l' jfea.:;~."e' Will T ra>ls 8dl Tuan\', P;J.(l Arliss Ungar . Nancv Wakeman Terri Williamson In i"-; ,on rl c ~ t of- h t:) RECEIVED AUG 0 5 1997 RECEIVED FEB 1 4 1997 EST11IIRY ~' !!~=-. M, I IIIU1 PUBLIC WORKS PRODUCTION PROTECTING. RESTORING. ENHANCING THE SAN FRANCISCO BAY-DEL T~. ESTUARY February 12, 1997 Tax ill # 680265026 INVOICE TO: Kaufman and Broad 3130 Crow Canyon Place, Suite 300 San Ramon, CA 94583 Attn: Robert P. Knobel Payment is requested in the amount of $12,500. This is the second and final payment in our agreement, which is not to exceed $25,000. For work perlormed per our agreement: To organize and produce at least five education workshops throughout the region for local government planning and public works staff, the construction and development sectors, the interested public, and elected officials about the prevention of erosion and stormwater runoff from construction sites. Workshops have been held in San Ramon and Pleasanton with 60 - 80 people in attendance at each workshop. Three more workshops will be held over the next six weeks. In order to have the S.P. Bay Regional Board's Field Inspectors Manual available for the workshops, we had to print 350 copies in a two-color version (takes less time to print than four-color), and now we are in the process of printing 1200 copies of a four-color version. It will be available in two-to-three weeks. We provided members of your staff with 15 copies of the Manual at the last workshop and if you would like copies of the four-color version, we will provide them to you as soon as it is available. Please make check payable to Friends of the San Francisco Estuary and send to: Friends of the San Francisco Estuary c/o San Francisco Estuary Project 2101 Webster Street, Suite 500 Oakland, CA 94612 Attn: Marcia Brockbank: ~~~ 15w/~ Marcia Brockbank, Program Manager San Francisco Estuary Project for Friends of the San Francisco Estuary P,O. Box 791 Oakland, CA 94604-0791 (510)2116-0769 fax 151 Q) 286-0928 I IUIII. '-'ICl1.!tII rCl!::l'!;;; I"'. Lee IIIUIIIIJ:JoUII uale: fU:I:JI':U lime: lL:,jl::l:L4 ....M Page fofe-- , , C. A. Page Company 24591 Del Prado, Suite 201 Dana Point CA 92629 Voice: 714-443-9094 FAX: 714-443-9096 . }~AX COVER PAGE .0: Lee Thompson :ompany : City of Dublin iubject: Hansen Hill - Regional Water Quality Board fine Date: 7/29/97 FAX: 1-510-833-6628 Time: 12:39:24 PM # Pages: 6 Lee: The fme and mitigation agreement are attached. Previous payments include: $25,300 paid to the State Cleanup and Abatement Fund; $15,000 paid to the Friends of the Estuary; $35,000 paid to Woodward Clyde to prepare an erosion. control manual. Recent payments include: $15,000 to Friends of the Estuary; $15,000 to the Regional Board for educational programs. The remaining amount of the fine is $77,500 and is to be spent enhancing Martin Canyon Creek and tributary ravines. Please call me if you have questions. Craig Page . ~"~-f~.~:a'~, ;"f' -1t ~~~~.f~'f r. ~ ~~"I.aI.I1:'I'"' - From: Craig Page To: Lee Thompson · . JUN-07-36 MON 12:18 WARMINGTON HOMES NMtNTAL PROT1O:r.TION AGJ:NCV S:UT~ OF CALlFORNlA . CAUFQRNlA ~O CALIFORNIA REGIONAL WATER QUALITY CONTROL. BOARD SAN FRANCISCO SA V ftEGION 2101 WEBSnR STREET. Cuit.. '00 OAlCLANO. CA &<4612 Tel: (510) 286-1255 fAX: 15101286-1380 8BS: IS ~ 0) 28&-0404 -, - - Date: 7/29/97 TIme: 12:39:24 PM t-'age t) OT I) p, 01 FAX NO, 5108666744 JUN 0 4 1996 PE'l'"E WILSON. GoV'e'f"/'lor e-'. ;.{ '. . File No. 2342.01 Mr-.BL"~ Brennan, :Project Manager Warmington Homoa 31GO Crow Cany01) Place. Suite 200 San :Ramon, CA 9458:3 RECEIVED JUN - 6 1996 WARMINGTON HOMES Subjc::ct; Adminislntive Civil Liability No. 96-019 Dear Mr. Brennan: This letter informs you that the Board adopted Complaint OrdQr No. 9(1-019 , on May 15. 1996. which included the signed waiver. ProvisioJl$ of that Order require Warmington gomes to rnmit payment for tho civllliability d0SCribod in that Order. As doscnDcd. yOIl are liable for $182,800. A pottion of that liability, baing $157,500. is SllSpDnded., provided s~tisf'a(;toly P"'fonnance Oil oortain conditions is met. The balance, in tho Ilmount of $25,300. is to be Inl-bmittl:d (o this office by Jmw 19, 1996 and made pzayable 10 the St:ate Cleanup. and Abatement Fund. Pursuant to the suspended liability of th'lt Ordor, you arc 10 wbmit to tbis office by June 19, 1996 pmofDrpayD:1C~nt to Friends Of The f:stuaJy in the amount ofSB,OOO for an educational oomponent for tho City of Dublin Kids in Creoks Proansm. In addition,. you an: to wbmit to this omcc, by hly' 17, 1996, two proposals which musl be approved by this office prior to implementation. Cb10 is R1atad to prcparin.s an Erosion Control Field lDspcctor's Mant1$land the other is n:Iated to mitigation worle witb..in Martin Canyon Creek amd two of its tributl1ty .ravines. With ra;pcct to Ih~ Martin CmyoA Creek proposal, it oan only be directed toward mitigation above and beyond that which you w:ould have done outside of the subject complaint In order to help you dcrmo the scope of that proposal, we request that you meet with us in coqjunctioD with the Citr of DubliIt stat!. at our office OIl Frid~y, June 14. 1996. lOam, R.oom No. 5A at the aboVe ad<nss. ...~.....-- ) )/1, t ' c .,J' Plc:ase brinit with you any maps, figures end. repOrts wl.ich would help us determine the "baselineh \.\lode you 'wm'C going to do 8ll.he creek. in addition to any other supporting documentation to that mfcct. PIoase call Mr. George Leyva at SI0-286~3976. ifyoll have any questioDs'or to tcq\l.Clrt an uI1em~ date. c.(,. t>. ~O.l\V\ I ~'''~c.. · ~~~. -"$.rv\' . ~~~... I:nclhtL No. 96-019 cc: Mr. Lee ThO.1hpSOJl., Public Works DirocLur, City of Dublin, Eng. Dept., CA 94568 Warden Joe Powell. CA DF&G, P.O. Box 47, YOlllltvillc, CA 94599 P.D Box 2340, Dublin, Sincerely ~h~ Loretta K. BlU'Smnlan, Executive Officer 1--\,;:,;: <:~J',) :,-,f '"'.- c.'-, (: ",' :J.,) .,