HomeMy WebLinkAboutReso 60-12 Clean Water Program
RESOLUTION NO. 60 - 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING ALAMEDA COUNTYWIDE CLEAN WATER PROGRAM
MEMORANDUM OF AGREEMENT
WHEREAS, the Agreement to implement the County's Urban Runoff Clean Water
Program was initially adopted in 1991 by all of the 14 cities within the County, Alameda County,
the Alameda County Flood Control and Water Conservation District (District) and Zone 7 Water
Agency; and
WHEREAS, the current Agreement created the County Urban Runoff Clean Water
Program as a method for each member agency to apply for the required municipal storm water
National Pollutant Discharge Elimination System (NPDES) permit and to work collaboratively in
implementing a number of permit requirements that could be done more cost-effectively as a
group; and
WHEREAS, the Agreement was amended in 1997,2001 and 2003; and
WHEREAS, in October 2009, the Regional Water Board reissued a permit covering
Alameda County in addition to 56 other storm water dischargers throughout the San Francisco
Bay Region. This permit is referred to as the Municipal Regional Permit or MRP; and
WHEREAS, in general, the new Agreement accomplishes the following objectives:
1. Improve equity by making changes in the allocation of Program costs and voting
shares; and
2. Increase flexibility of the Program's operations by allowing Parties other than the
District to take on the role of program manager and fiscal agent; and
3. Establish a new 15-year term starting July 1, 2012; and
4. Improve the clarity by adopting a new stand-alone agreement that incorporates
changes described above as well as a number of minor additional changes to reflect
current changes.
WHEREAS, the proposed new Agreement must be approved by the governing bodies of
Parties representing two-thirds or more of the votes as allocated under the agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin
hereby approves the Agreement, attached hereto as Exhibit A, providing for the implementation
of the Alameda Countywide Clean Water Program and authorizes the Mayor to execute the
Agreement.
Page 1 of 2
PASSED, APPROVED AND ADOPTED this 1st day of May, 2012, by the following vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
~ 4bw4:.'
Mayor
ATTEST:
GLot Iflo
City Clerk
Reso No. 60-12, Adopted 5-1-12, Item 8.1
Page 2 of 2
AGREE1\1ENT
PROVIDING FOR IMPLEMENTATION
OF THE
ALAMEDA COUNTYWIDE CLEAN WATER PROGRAM
1HIS AGREEMENT, is made and entered into by and between the ALAMEDA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT, a local 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 HA YW ARD, a municipal
corporation of the State of California: CITY OF LIVERMORE, a municipal corporation of the State of
California: CITY OF NEW ARK, 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 of the State of California.
All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually
as 'PARTY."
RECITALS:
A. The Water Quality Control Plan for the San Francisco Bay Basin (hereinafter "Basin Plan"),
adopted by the California Regional Water Quality Control Board, San Francisco Bay Region
(hereinafter "Regional Water Board"), in implementation of the Federal Clean Water Act, and the
Municipal Regional Stonnwater NPDES Pennit (hereinafter "NPDES Permit") required that the
PARTIES develop a program to control the discharge of pollutants from urban runoff in the
Alameda County area.
B. In furtherance of their responsibilities pursuant to the Basin Plan and the applicable NPDES
Pennit, the PARTIES have previously entered into a series of agreements to' jointly fund the costs
of preparing an action plan to evaluate non point source pollutants, monitor indentified pollutants,
and develop control measures to mitigate or reduce the discharge of pollutants. Collectively, the
measures undertaken pursuant to the previous agreements and anticipated to continue pursuant to
this Agreement and upon execution of this agreement henceforth shall continue to be known as
the Alameda Countywide Clean Water Program (hereafter "the Program"). The Program
contains elements that provide a general benefit to the PARTIES (such as monitoring, public
education, staff training, program administration, etc.). In addition to the Program elements, each
Party has the responsibility to implement pennit requirements within its jurisdiction. Activities
carried out by a Party may include but are not limited to municipal operations and maintenance,
constl1lction site inspections and enforcement, commercial and industrial inspection and
enforcement, illicit and illegal connection inspections, and implementation of ne,,, development
and redevelopment treatment requirements.
C. In 1987 Congress added Section 402 (p) to the Federal Clean Water Act (CW A) (33 U.S.c.
Section 1342 (p), which requires National Pollutant Discharge Elimination System Permits for
certain stormwater discharges from municipal separate storm sewer systems, stonnwater
discharges associated with industrial activity (including constmction activity), and designated
stonnwater discharges, which are considered significant contributors of pollutants to waters of the
United States.
D. Previous agreements have been executed between the PARTIES for the administration of the
Program, and it is the intention of the PARTIES that this Agreement supersedes all prior
agreements. In and for the mutual interests of the PARTIES, 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 updates and procedural
revisions to facilitate implementation of the Program in compliance with the NPDES Permit.
E. The Alameda County Flood Control and Water Conservation District (hereinafter "the District")
and Zone 7 of the Alameda County Flood Control and Water Conservation District (hereinafter
"Zone 7") are local public agencies of the State of California duly organized, existing and
empowered to conserve water and to provide maintenance and flood control management of the
water courses and have the authority to control the discharge of surface waters to their facilities.
The County of Alameda and all the cities herein are political subdivisions of the State of
Califomia with authority to control the discharge of surface waters from their respective
jurisdictions.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1.
Alameda Countywide Clean Water Program
1. 01 The Alameda Countywide Clean Water Program is hereby continued (hereinafter "the
Program") to assist the PARTIES to fulfill the requirements ofNPDES Permit No. CAS612008
as it exists, may be modified, or may be reissued in the future (hereinafter "NPDES Permit").
1.02 The Program is a collective eff0l1 and implementation of area-wide activities, designed to
benefit all PARTIES.
Section 2.
Management Committee
2.()l A Management Committee shall provide overall Program direction and coordination. The
Management Committee shall review and adopt an annual budget.
2.02 The Management Committee may, as necessary, adopt and revise Bylaws for its govemance.
2.03 The Management Committee shall consider NPDES Pennit compliance, including benefit to a
majority of the PARTIES, as a primary o~jective in approving Program tasks and corresponding
budgets.
2.04 Management Committee members, and their altemates, shall be appointed by the City Manager
or the equivalent of the respective PARTIES and a confirming letter sent to the Program
Manager. The voting membership of the Management Committee shall consist of one designated
voting representative from each PARlY. Altemate voting representatives may be appointed by
each PARTY.
2.05 Each PARTY to this Agreement is assigned a "Proportional Vote" in proportion to the Cost
Allocation in Exhibit A.
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2.06 1} quorum for the conduct of business by the Management Committee shall be a majority (50%
plus one) of the voting PARTIES to the Agreement. The Proportional Vote allocated to a
P ARTY shall not be considered in the detennination of a qU0l111n.
2.07 The PARTIES shall continue to utilize the Program's preferred approach of achieving consensus
to resolve issues and reach decisions and to rely on a simple majority vote (50% plus one) for all
decisions requiring a vote, except for changes to the Agreement (including changes to the Cost
Allocation) and approval of the Annual Budget. Approval of Annual Budgets require both an
affinnative vote by a majority of the PARTIES and an affinnative vote by PARTIES representing
more than 50% of the Proportional Votes. Changes to the Agreement require an affirmative vote
by a majority of the PARTIES, an affirmative vote by PARTIES representing more than 50%. of
the Proportional Votes of the PARTIES, and the approval by the governing bodies of the
PARTIES representing both a majority of the PARTIES and more than 50% of the Proportional
Votes of the PARTIES.
2.08 Management Committee approval is required prior to any Program expenditure by the Fiscal
Agent or any other PARTY to this Agreement.
2.09 Approval by the Management Committee of a motion to submit a report to the Regional Water
Board or the State Water Board will be considered a submittal on behalf of all PARTIES unless a
P ARTY notifies the Management Committee in writing that it does not wish the report to be
submitted on its behalf
Section 3.
Program Budget Cost Allocation
3.01 The PARTIES shall each pay a yearly contribution into a fund established for Program
operations.. Each PARTY's contribution shall be based upon the cost allocation in Exhibit A.
The cost allocation in Exhibit A shall remain in effect unless and until a revised cost allocation is
adopted through an amendment to the Agreement.
3.02 Invoices for payment of Program cost allocations will be sent out by July 30 of each year. If
payment has not been received by the Fiscal Agent by September 30, a notice of non-payment
will be mailed to the PARTY. If payment has not been received within 60 days of the notice of
non-payment, the PARTY will receive notice that tl~eir participation in the Program will be
terminated effective 30 days from the notice oftennination.
Section 4.
Fiscal Agent
4./)l DISTRICT shall serve as the initial Fiscal Agent for the Program. If the Distlict, or another
Fiscal Agent, decides to relinquish the role of Fiscal Agent, the Fiscal Agent will notify the
Management Committee prior to December 30 and will continue to act as Fiscal Agent until June
30 of the following year. In the event that the District or another Fiscal Agent withdraws from
the Program or from providing Fiscal Agent services to the Program, the Management Committee
will tllen select a willing PARTY as Fiscal Agent to serve commencing July 1.
4.02 If the Management Committee decides to select a new Fiscal Agent, the Management Committee
will notify the Fiscal Agent prior to December 30th that another entity will become the new Fiscal
Agent as of the following July 1st
4.03 The Fiscal Agent shall be the treasurer of Program funds. The Fiscal Agent, in accordance with
generally accepted accounting procedures, shall keep the Program fuilds segregated from any
other funds administered by the Fiscal Agent: shall credit the Program with appropriate interest
income earned on Program funds in each fiscal year: and shall not expend any funds except in
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accordance with the annual budget approved by the Management Committee or as otherwise
directed by the Management Committee.
4.04 The Fiscal Agent will provide a proper accounting of funds and reports of all receipts and
disbursements. The Fiscal Agent shall execute contracts and process invoices in a timely manner.
The Fiscal Agent may be reimbursed for reasonable expenses associated with oversight of
Program accounts with the agreement of the Management Committee. In addition, a PARTY to
this Agreement, pursuant to the direction of the Management Committee, may let and administer
approved consultant contracts on behalf of the Program. Any PARTY to this Agreement who is
administering a contract for the Program (Contracting Agent) 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 prov:isions and insurance
requirements for the benefit of all PARTIES.
Section 5
Program Management
5.!>l The District shall serve as the initial Program Manager for the Program. If the District, or another
Program Manager, decides to relinquish the role of Program Manager, the Program Manager wil1
notify the Management Conunittee at least 90 days prior to their tennination of Program
Management services.
5.02 The Management Committee may select a willing PARTY or outside contractor to act as Program
Manager. If the Management committee decides to select a new Program Manager, the
Management Committee will notify the current Program Manager at least 90 days prior to the
termination of the current Program Manager's services.
5.03 The Program Manager shall be responsible for Program management and administration, and
technical program management in accordance with the PARTIES' NPDES Permit and as directed
by the Management Committee. The Program Manager shall be paid from Program funds in
accordance with the adopted Program budget.
Section 6.
Duties of the PARTIES
6.!>l In addition to the participation in the Management Committee, the PARTIES accept and agree to
perform the following duties:
1. Each will authorize a representative to reapply for an NPDES Permit at the appropriate
time as co-applicant with the other PARTIES;
2. Each will comply with its applicable identified portion of Program implementation:
3. E,ach \vill select a representative to participate in Managelnent COlTIlnittee lneetings and
other required meetings of the PARTIES as set f011h in subsection 2.04 above:
4. Each will fund and implement its share of the Program:
S. Each has the responsibility to implement permit requirements within its jurisdiction.
6.02 This Agreement does not restrict the PARTIES from the ability to individually (or collectively)
request NPDES Pennit modifications and/or initiate NPDES Permit appeals or related actions
relating to permit provisions to the extent that a provision affects an individual Pru1y (or group of
PARTIES).
Section 7.
Term of Agreement
4
7.01 The term of this Agreement shall commence upon execution by the PARTIES and tenninate on
June 30, 2027. The cost allocation in Exhibit A shall become effective starting July 1, 2012, so
that costs are allocated based on one amount for the fiscal year.
7.02 Any PARTY may terminate its participation in this Agreement by gIvmg the Chair of the
Management Committee at least ninety (90) days written notice. The terminating PARTY \vill
bear the full responsibility for its compliance with the NPDES Permit commencing on the date it
terminates its participation. Unless the tennination is scheduled to be effective at the close of the
fiscal year in which the notice is given, termination shall constitute forfeiture of all the
terminating PARTY's share of the Program Budget, for the fiscal year in w'hich the termination
occurred (both paid and obligated but unpaid amounts). The Management COlllinittee shall
recalculate the cost allocations for the remaining PARTIES accordingly for the following fiscal
year by the PARTIES w"ithout the withdrawing PARTY's participation.
Section 8.
General Legal Provisions
8.lH This Agreement may be amended from time to time by an_affirmative vote of the PARTIES and
an affirmative vote ofthe governing bodies of the PARTIES as specified in Section 2.07..
8.02 This Agreement supersedes any and all prior agreement among all the PARTIES regarding the
Program, but does not supersede any other agreements between any of the PARTIES.
8.03 This Agreement may be executed and delivered in any number of copies ("counterpart") by the
PARTIES, including by means of facsimile. When each PARTY has signed and delivered at
least one counterpart to the Program, each counterpart shall be deemed an original and, taken
together, shall constitute one and the same Agreement, which shall be binding and effective as to
the PARTIES hereto.
8.04 No PARTY shall, by entering into this Agreement, participating in the Management Committee,
or agreeing to serve as Fiscal Agent, Contracting Agent and/or Program Manager assume or be
deemed to assume responsibility for any other P ARTY in complying with the requirements of the
NPDES Permit. This Agreement is intended solely for the convenience and benefit of the
PARTIES hereto and shall not be deemed to be for the benefit of any third party and may not be
enforced by any third party, including, but not limited to, the United St:'ltes Environmental
Protection Agency, the St:'lte Water Resources Control Board, the Regional Water Board, and
private non-govermnental organizations, or any person acting on their behalf of in their stead.
8.05 It is understood and agreed that, pursuant to Government Code section 895.4, each PARTY
("indemnitor") shall, to the extent permitted by law, defend, indeIllilify and save harmless each
other PARTY, and its officers, employees, volunteers, and contractors from all claims, suits or
actions of every name, kind and description resulting from indemnitor's perfonnance of this
Agreement, excluding any injuries, death, damage or liability resulting from the gross negligence
or wipful misconduct of the other PARTIES or their officers or employees.
[remainder of page intentionally blank]
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EXHffiIT A
AGENCY COST
ALLOCA TION
Alameda 4.42%
. Alameda County 10.76% .
Albany 1.85%
Berkeley 5.13%
Dublin 3.42%
Emeryville 1.69%
Fremont 14.03%
Hayward 10.14%
Livermore 6.09%
Newark 3.45%
Oakland 18.51%
Piedmont 1.80%
Pleasanton 5.64%
San Leandro 5.15%
Union City 5.31%
District 1.30%
Zone 7 1.30%
Total* 100%
. * Sum equals 99.99% due to rounding.
6
IN WITNESS WHEREOF, the PARTIES have executed this Agreement on the dates
hereafter set forth.
COUNTY OF ALAMEDA, a political
su bdivision of the State of California
Bv
President, Board of Supervisors
Date
Deputy
I hereby certify under penalty of perjury
that the President of the Board of
Supervisors was duly authorized to execute
this document on behalf of the County of
Alameda by a majority vote of the Board on
, and that a copy has
been delivered to the President as provided
by Government Code Section 25103.
APPROVED AS TO FORM:
DONNA ZIEGLER
County Counsel
By:
Attest:
Clerk, Board of Su pervisors
Board of Supervisors, County
of Alameda, State of
California
ALAMEDA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT,
a local pu blic agency of the State of California
By
President, Board of Supervisors
Date
Deputy
I hereby certify under penalty of perjury
that the President of the Board of
Supervisors was duly authorized to execute
this document on behalf of the Alameda
County Flood Control and Water
Conservation District by a majority vote of
the Board on J and that a
copy has been delivered to the President as
provided by Government Code Section
25103.
APPROVED AS TO FORM:
DONNA R. ZIEGLER
County Counsel
By:
Attest:
Clerk, Board of Supervisors,
Alameda County Flood Control and
Water Conservation District
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ZONE 7 OF ALAMEDA COUNTY FL.OOD
CONTROL AND WATER CONSERVATION
DISTRICT, a local public agency of the State
of California
By
Chair, Board of Directors
Date
APPROVED AS TO FORM:
Attorney
ATTEST:
Secretary, Board of Directors
8
CITY OF ALAMEDA, a municipal
corporation of the State of California
By
Mayor
Date
APPROVED AS TO FORM:
ATTEST:
City Attorney
9
CITY OF ALBANY, a municipal corporation
of the State of California
By
Mayor
Date
APPROVED AS TO FORM:
City Attorney
ATTEST:
10
CITY OF BERKEYLEY, a municipal
corporation of the State of California
By
Mayor
Date
APPROVED AS TO FORM:
ATTEST:
City Attorney
11
CITY OF DUBLIN, a municipal corporation
of the State of California
Bv
Mavor
Date
APPROVED AS TO FORM:
ATTEST:
City Attorney
12
CITY OF EMERYVILLE, a municipal
corporation of the State of California
By
Mayor
Date
APPROVED AS TO FORM:
ATTEST:
City Attorney
13
CITY' OF FREMONT, a municipal corporation
of the State of California
By
Mayor
Date
APPROVED AS TO FORM:
City Attorney
AITEST:
14
CITY OF HA YW ARD, a municipal
corporation of the State of California
By
Mayor
Date
APPROVED AS TO FORM:
ATTEST:
City Attorney
15
CITY OF LIVERMORE, a municipal
corporation of the State of California
Bv
Mayor
Date
APPROVED AS TO FORM:
ATTEST:
City Attorney
16
CITY OF NEW ARK, a municipal corporation
of the State of California
By
Mayor
Date
APPROVED AS TO FORM:
City Attorney
ATIEST:
17
CITY OF OAKLAND, a municipal corporation
of the State of California
Bv
Mayor
Date
APPROVED AS TO FORM:
City Attorney
ATTEST:
18
CITY OF PIEDMONT, a municipal
corporation of the State of California
By
Mayor
Date
APPROVED AS TO FORM:
ATTEST:
City Attorney
19
CITY OF PLEASANTON, a municipal
corporation of the State of California
By
Mayor
Date
APPROVED AS TO FORM:
ATTEST:
City Attorney
e
20
CITY OF SAN LEANDRO, a municipal
corporation of the State of California
By
Mayor
Dat~
APPROVED AS TO FORM:
ATTEST:
City Attorney
21
CITY OF UNION CITY, a municipal
cOlporation of the State of California
By
Mayor
Date
APPROVED AS TO FORM:
ATTEST:
City Attorney
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