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HomeMy WebLinkAbout4.11 Clean Water Program AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 7,2004 CITY CLERK File # O[Ø]Ø][{l]-RZ1[{2] /030 -;(0 SUBJECT: Revised Memorandum of Agreement (Agreement) with the Alameda Countywide Clean Water Program (Program) Report Prepared by: Melissa A. Morton, Public Works Director ATTACHMENTS: 1) 2) Resolution to Adopt the Revised Memorandum of Agreement, together with Exhibit "A", Agreement Current and Proposed Allocation of Voting Shares and General Program Costs Among Parties RECOMMENDATION 11 JÝ Adopt Resolution Approving the Revised Memorandum of (\ UV' Agreement with the Alameda Countywide Clean Water Program FINANCIAL STATEMENT: The Program is currently being funded from the City's General Fund. Under this Agreement, the overall cost allocation would be reduced slightly from 2.35% to 2.18% of the total cost for the Program. DESCRIPTION: The Agreement to implement the Alameda County Urban Runoff Clean Water Program was adopted in 1991 by Alameda Cou;nty, its 14 cities, the Alameda County Flood Control and Water Conservation District (District), and Zone 7 of the District. This Agreement created the Program as a method for the parties to the Agreement to apply for a federally mandated National Pollutant Discharge Elimination System (NPDES) permit and to work collaboratively to implement a number of the permit's requirements that could be completed more cost effectively as part of a greater group program. The current version of the NPDES permit was reissued in February 2003. The Agreement was amended in 1998 and 2001. The 1998 Amendment (First) established a minimum cost and voting share of 1 % for the 3 smallest cities, and some other minor adjustments were made in how costs and voting shares were calculated. The 2001 Amendment (Second) to the Agreement extended the Agreement's expiration date until 2008, with an additional automatic renewal until 2013 unless an objection was voiced by a member agency. This revised Agreement is a new stand-alone document that incorporates changes and replaces the previous Agreement. The proposed revisions, which will improve equity among the member agencies and improve the flexibility and clarity of the Agreement, are described as follows: _ _ _ _ . ~ M W . . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ - . - - - - - - - - - - - - - ~ ~ - - - - - - - - - - - - - ~ . G:NPDES\agst revised agreement 090704 COPIES TO: Alameda County Clean Water program~1 . , I ~ 1- ITEM NO. ~ 1) Improve equity. The revised Agreement will make some minor changes in allocation of the Program's cost and voting shares for the District and Zone 7. Zone 7' s contribution would proportionally reduce the cost allocation for those municipalities located within Zone 7 (Dublin, Livermore, Pleasanton). The City of Dublin's cost allocation would be reduced from 2.35% to 2.18%. Currently, the City's share is $49,350, but under the revised Agreement it will be reduced by approximately $3,570 to $45,780 (see Attachment 2 for current and proposed cost and voting share allocation percentages). The voting share allocations are the same as the cost share allocations. 2) Improve efficiency and flexibility of the ACCWP's operations by allowing parties to the Agreement under certain circumstances to let and administer consultant contracts. This objective will be achieved by giving all parties the right to let and administer consultant contracts, under limited circumstances, and upon Management Committee approval. The current Agreement allows only the District to do this. The increased flexibility has the potential to positively impact the City of Dublin in the future if the City takes lead roles in Program Projects and needs to utilize a consultant. 3) Improve the clarity of the Agreement by updating references, adding clarification and making minor changes to reflect the latest NPDES permit conditions. Staff recommends that the City Council adopt the resolution approving the revised Agreement with the Alameda Countywide Clean Water Program. Page 2 d'b 2,... I 0'6 I t..f RESOLUTION NO. ~ 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING THE REVISED MEMORANDUM OF AGREEMENT WITH THE ALAMEDA COUNTYWIDE CLEAN WATER PROGRAM WHEREAS, the Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan), and the National Pollutant Discharge Elimination System (NPDES) Permit for the Alameda Countywide Clean Water Program (ACCWP), adopted by the San Francisco Bay Regional Water Quality Control Board in implementation of the Federal Clean Water Act, requires that the member agencies develop a Program to control the discharge of pollutants from urban runoff; and WHEREAS, the City of Dublin is a member agency of the ACCWP, which includes Alameda County, its 14 Cities, and 2 special districts (Alameda County Flood Control and Water Conservation District, and Zone 7); and WHEREAS, participation in the ACCWP provides the most cost-efficient means for these municipalities and districts to obtain a federally mandated National Pollutant Discharge Elimination System (NPDES) permit, which requires implementation of a program designed to control the discharge of pollutants from urban runoff; and WHEREAS, the ACCWP's management committee is recommending that each of the parties to the Agreement adopt the revised Memorandum of Agreement to accomplish the following objectives: 1) Improve equity by making minor changes in allocations of the ACCWP's cost and voting shares, thereby reducing Dublin's cost share from 2.35% to 2.18% of the total cost; and 2) Improve efficiency and flexibility of the ACCWP's operations by allowing parties to the Agreement under certain circumstances to let and administer consultant contracts; and 3) Improve the clarity of the Agreement by making minor changes to the Agreement to reflect current conditions; THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby approve the revised Agreement, attached hereto as Exhibit "A". PASSED, APPROVED AND ADOPTED this 7th day of September 2004. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk q -i-ÙY L-f.¡\ l ATTACHMENT · ~ao I~ AGREEMENT TO IMPLEMENT THE ALAMEDA COUNTYWIDE CLEAN WATER PROGRAM 1 EXHIBIT .1'~ -t-o dte ;fe~(:)It.ŒíO n AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE ALAMEDA COUNTYWIDE CLEAN WATER PROGRAM THIS AGREEMENT is made and entered into by and between the following undersigned public agencies, all which are referred to collectively as the PARTIES. ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a public agency of the State of California; Zone 7 of ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a local public agency of the State of California; COUNTY OF ALAMEDA, a subdivision of the State of California; CITY OF ALAMEDA, a municipal corporation of the State of California; CITY OF ALBANY, a municipal corporation of the State of California; CITY OF BERKELEY, a municipal corporation of the State of California; CITY OF DUBLIN, a municipal corporation of the State of California; CITY OF EMERYVILLE, a municipal corporation of the State of California; CITY OF FREMONT, a municipal corporation of the State of California; CITY OF HAYWARD, a municipal corporation of the State of California; CITY OF LIVERMORE, a municipal corporation of the State of California; CITY OF NEWARK, a municipal corporation of the State of California; CITY OF OAKLAND, a municipal corporation of the State of California; CITY OF PIEDMONT, a municipal corporation of the State of California; CITY OF PLEASANTON, a municipal corporation of the State of California; CITY OF· SAN LEANDRO, a municipal corporation of the State of California; and CITY OF UNION CITY, a municipal corporation ofthe State of California. 2 ~1Jli J-lrtJfi RECITALS A. The Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan), and the NPDES Permit for the Alameda Countywide Clean Water Program adopted by the Regional Water Quality Control Board in implementation of the Federal Clean Water Act, requires that the PARTIES develop a Program to control the discharge of pollutants from urban runoff. B. In furtherance of their responsibilities pursuant to the Basin Plan and the applicable NPDES Permit, the PARTIES, have previously entered into a series of agreements to jointly fund the cost of preparing an action plan to evaluate nonpoint source pollutants, monitor identified pollutants and develop control measures to mitigate or reduce nonpoint sources of pollutants. Collectively, the measures undertaken pursuant to the previous agreements and anticipated to continue pursuant to this Agreement are known as the Alameda Countywide Clean Water Program (hereinafter "Program"). The Program contains certain elements that provide a general benefit to the parties (such as monitoring, public education, program administration, etc.) and these elements of joint responsibility among the parties are termed the "General Program". In addition, the Program contains other elements that are an individual Party responsibility and which provide individual benefits (such as construction site controls, catch basin cleaning, illicit and illegal connection inspections, new development and redevelopment performance standards and monitoring and enforcement), and these elements are termed the "Individual Programs". A description of the General and Individual Programs' 3 5c1fJlf elements, major tasks, schedules, and budgets have been developed as part of the Stormwater Quality Management Plan, and the Annual Reports and W orkplans. C. The previous Agreements that have been executed are the following: The November 10,1987 "Agreement Regarding Evaluation ofthe Non-Point Source of Water Pollution;" the October 17, 1989 "Agreement Regarding Implementation of Non point Source Control Evaluation Program;" the agreement titled "Agreement Regarding Development of a Proposed Alameda County Nonpoint Source Control Management Plan" which provided funding through June 1991 for implementation of the August 24, 1990 work plan; and the 1991 "Agreement to Implement the Alameda County Urban Runoff Clean Water Program," as .amended in 1998 and 2001. D. The PARTIES desire to continue the Program and to enter into this Agreement for the purpose of ensuring continued participation, in terms of cost and administrative responsibilities, and to make certain minor and procedural revisions to facilitate implementation ofthe Program. E. This Agreement does not supersede any prior agreement among the PARTIES regarding the Program, but is to be read as in accord with and implementation thereof. F. The Alameda County Flood Control and Water Conservation District (District) is a local public agency of the State of California duly organized and 4 ÚlufJ \ '1 existing and empowered to conserve water and to provide maintenance and flood control management of the water'courses and has the authority to control the discharge of surface waters to its facilities. The County of Alameda and all of the cities therein are subdivisions of the State with authority to control the discharge of surface waters from their respectivejurisdictions. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. A Management Committee shall provide overall program direction, review and recommend an annual budget for approval by the PARTIES, and budget oversight, all in accordance with the Alameda Countywide Clean Water Program. Management Committee members, and their alternates, shall be appointed by the City Manager or the equivalent of the respective Parties and a confirming letter sent to the authorized representative of the District. The Management Committee shall adopt bylaws for its governance. (a) Each Party to this agreement is allocated the number (or fraction thereof) of votes shown in Exhibit A. This allocation of voting strength is based on the formula and methods stated in Exhibit B to the Agreement. (b) A quorum for the conduct of business by the Management Committee shall be a majority of the voting Parties to the Agreement. The voting strength allocated to a Party shall not be considered in the determination of a quorum. (c) Approval of actions by the Management Committee shall require a two-thirds affirmative vote of all allocated votes as shown in Exhibit A. Management Committee approval is required prior to any General Program expenditure by the District or any other party to this agreement 5 7 õb' '-f 2. Pursuant to direction of the Management Committee, the District shall administer and coordinate the Program [except as provided by paragraph (d) below], which duties include but are not limited to: (a) Reapplying on behalf of the PARTIES to become co-applicants for a National Pollutant Discharge Elimination System (NPDES) permit; (b) Preparing draft annual budget and periodic status reports on Program activities and expenditure, and distributing same to PARTIES at least annually; (c) Consolidating and submitting reports prepared by the several PARTIES required by the NPDES permit; (d) Letting and administering approved consultant contracts according to District policies and procedures and considering other members' requirements. In addition, a party to this agreement, pursuant to the direction of the Management Committee, may let and administer approved consultant contracts considering other members' requirements. Any party to this agreement who is administering a contract for the General Program shall be compensated for its services and/or contract costs as agreed to in advance by the Management Committee. All consultant contracts will contain hold harmless and indemnity provisions and insurance requirements for the benefit of all PARTIES; (e) Conducting audits of consultant contracts in accordance with District policies and procedures; (f) Maintaining knowledge of and advising the PARTIES regarding current and proposed state and federal policies, regulations and programs that impact nonpoint source pollutant control programs; assisting the PARTIES in development and presentation of positions on these issues before local, State, and Federal agencies; 6 <i5atlY (g) Preparing an annual report on the implementation of the Program; (h) Representing the PARTIES in participation in the Bay Area Stormwater Management Agencies Associati,on; and (i) Formally advising the appropriate State and Federal agencies of termination or amendment ofthis Agreement. 3. The PARTIES accept and agree to perform the following duties: (a) Each will authorize a representative to reapply for an NPDES permit as co-applicants with the other Parties; (b) Each will fully comply with the NPDES permit conditions applicable to its Individual Program and its identified portion of the General Program; (c) Each will select a representative and an alternate to participate in Management Committee meetings and other required meetings of the PARTIES; (d) Each will fund and implement its own Individual Program, and will fund and implement its share of the General Program. The District intends to provide funding to support new and expanded activities required by the General and Individual Programs for Cities locate in District zones with Benefit Assessment Programs. Such funding will be provided to the extent that it is available and with the concurrence of the applicable City if it results in deferring flood control projects. (e) Each will provide agreed upon reports (certified under penalty of perjury) to the District on compliance with applicable provisions ofthe NPDES permit and program implementation. 4. A proper accounting of funds and reports of all receipts and disbursements shall be made, including funds disbursed to individual parties for 7 4ùb'~ implementation of permit programs. Upon completion of the purposes of this Agreement, any surplus money on hand shall be returned in proportion to the contributions made. In the event a Party terminates this Agreement, any unexpended portion of its share of cost funds shall be returned to it. 5. By agreement ofthe PARTIES, budget allocations and voting shares for the General Program shall be made according to a formula which for the municipalities allocates proportional shares based on a 50 percent weight given to the . area and a 50 percent weight given to the population within each municipalities' jurisdiction (excluding open water and wetland areas of San Francisco Bay) except as follows: The District is assigned a 1 percent cost and voting share; Zone 7 ofthe District is assigned a 1 percent cost and voting share; any municipality whose calculation would result in less than 1 percent by the formula and methods in Exhibit B is assigned a 1 percent cost and voting share; the County unincorporated area used in the formula will be limited to the area that is urbanized; and other minor reductions in percent cost and voting shares of municipalities located within the District and Zone 7 of the District as described in Exhibit B. The attached Exhibit B provides a copy of the formula and methods that are used to allocate costs. Each Parties' share of the General Program's costs have been calculated based on 2000 census figures and are set forth according to the percentages provided in Exhibit A. Cost shares will be recalculated based on updated information on population and area using the formula and methods in Exhibit B as specified in the bylaws. The budget allocation for the Individual Programs shall be made directly by the individual responsible parties. 6. This Agreement shall have a term of six (6) years from the first day of April 2002, subject to an additional automatic renewal for a five (5) year period in the absence of objection thereto made in writing by any Party 180 days in advance of the renewal date. The participation of any Party to this Agreement may be terminated 8 IOO()I~ by a two-thirds affirmative vote of all allocated votes in any year in which the funds necessary for its continued involvement are not appropriated by its legislative body. 7. The PARTIES shall retain the ability to individually (or collectively) request permit modifications and initiate permit appeals for permit provisions to the extent that a provision affects an individual party or group of PARTIES. 8. This agreement may be amended from time to time by written agreement of the Parties' governing bodies representing two-thirds or more of all allocated votes as shown in Exhibit A. 9. Participation in this Agreement may be terminated by any Party for any reason after the Party complies with all ofthe conditions of termination. The conditions of termination include the following: the Party shall notify all of the other Parties to the Agreement 90 days prior to its termination in the Agreement, the Party shall obtain its own NPDES permit for urban runoff, and the Party shall have its name deleted as a co-permittee of the Parties' NPDES permit. Any expenses associated with terminating the Agreement induding but not limited to filing for and obtaining the individual NPDES permit and the amendment ofthe Parties' NPDES permit will be solely the responsibility of the Party terminating its participation in the Agreement. 10. It is understood and agreed that, pursuant to Government Code 895.4, each Party ("indemnitor") shall, to the extent permitted by law, defend, indemnify and save harmless each other Party, and its officers and employees from all claims, suits or actions of every name, kind and description resulting from indemnitor's performance of this Agreement, excluding any injuries, death, damage or liability 9 Ii ~ILf resulting from the negligence or willful misconduct of the other Parties or their officers or employees. 10 I~OOIt-f NEW ALLOCATION OF VOTING SHARES. AND. GENERAL PROGRAM COSTS AMONG PARTIES. . AGENCY GENERAL PROGRAM MANAGEMENT COST SHARE COMMITTEE VOTING PERCENTAGE SHARE. . Alameda - 3.99 3.99. Alameda County . ' 11.96 11.96. Albany 1.00 1.00 Berkeley 5.12 5.12 Dublin 2.18 2.18. Emeryville 1.00 1.00 Fremont 15.96 15.96 Hayward 11.05 11.05 Livermore 5.43 5.43 Newark 2.72 2.72 Oakland 21.76 21.76 Piedmont 1.00 1.00 Pleasanton 5.02 5.02 San Leandro. 4.89 4.89 Union City 4.92 4.92 District 1.00 1.00 Zone 7 1.00 1.00 Total 100.00 . 100.00 G:\NPDES\old allocation 04.doc EXHI IT . A_ {o --tire AQ;ef!é/11BVT --.-- _.___,__,_.------I....--.~-- ....____ --- ,~ C) o a:: c. ..J .~ W Z W C) ~ o c. c. ~ t/) o l- f/) W, ~ :I: t/) C) z ¡:: o > c z et l- t/) o () w C)' 'et I- z W () a:: w c. (!) z ~ :;j () ..J. et (,) a:: o u. f/) :5 ::J :!: 0::: o u. \3V01i o o .-. ~ . ~ 'B:s ~~' ~ - .~ '::.1 e... .e- 'u u ..... .¡; ;:: ::t ~ ~ - ~ - :.;; ~ ....."::-, 'ft c .~ ~ c c ..... :::: - '::.1 ..S! - ::t §. ~ &~ II; S 0é. + ~ ~''¡:: ",,' .... ..... - - !;j ~ .e- .;:::. u u ..... ..... ~ § ~ .~ - ~ - ..... ""I:: -s '''' ~ ;: .~ '::.1 ~ ~ 10. 10. '''''1:: ~- II; S '0 C ~ I II ~ I::::! ~ - 1>-). ð ~. s ~ ¡;: ~ Q., I>-) 'b ',.. - I::::! .9- u .¡; ~ ij ~ EXHIIT~ i-v -&h-e Æ~eIVT .. COMPARISON OF CURRENT AND PROPOSED COST AND VOTING SHARE ALLOCATION PERCENTAGE AGENCY CURRENT PROPOSED ALLOCATIONS ALLOCATIONS Alameda 3.99 3.99 Alameda County 12.12 11.96 Albany 1.00 1.00 Berkeley 5.12 5.12 Dublin 2.35 2.18 Emeryville 1.00 1.00 Fremont 16.18 15.96 Hayward 11.20 11.05 Livermore 5.86 5.43 Newark 2.75 2.72 Oakland 22.06 21.76 Piedmont 1.00 1.00 Pleasanton 5.42 5.02 San Leandro 4.96 4.89 Union City 4.99 4.92 District 0 1.00 Zone 7 0 1.00 Total 100.00 100.00 ATTACHMENT ltfDb'~ z.