HomeMy WebLinkAboutItem 8.2 UrbanRunoffCleanWater CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: May 28, 1991
SUBJECT: Agreement for Filing a National Pollutant
Discharge Elimination System Permit (NPDES) and for
Implementing a Program to Control Urban Runoff.
(Report by Public Works Director Lee Thompson)
EXHIBITS ATTACHED: 1) Resolution approving agreement
2) Agreement to implement the Alameda County Urban
Runoff Clean Water Program
3) Report on a Storm Water Management Plan (SWMP)
for the Alameda County Urban Runoff Clean Water
Program.
4) Urban Runoff Clean Water Management Program
consultant justification for hiring additional
staff.
5)
Proposed Work Program
RECOMMENDATION:~.i) Adopt resolution approving the agreement and
~~ 2 authorize Mayor to execute.
) Direct Staff to pursue a storm water utility and
maintenance fee for the 1991-92 fiscal year and/or
begin proceedings for the long-term funding of
this program through an assessment district.
FINANCIAL STATEMENT: Staff has estimated a total first year cost of
$144,000, which is broken down in the following
paragraphs. The consultant preparing the permit
application has estimated that Dublin's annual program
costs will be $380,000. The consultant's breakdown is
shown in parentheses. This estimate is based on an
average small city. Dublin already publishes
newsletters, sweeps streets on a semi-monthly basis,
subscribes to household hazardous waste programs, and
cleans catch basins. This is why Staff estimates are
so much lower than the consultant's. Staff also
anticipates a continuation of the reduced development
activity in Dublin which would reduce the consultant's
estimated staff requirements for the first year.
Future years' costs could increase if additional
measures need to be taken to clean up the storm flows.
$77,000 ($77,000) to Alameda County for admini-
stration, common program activities including stream
monitoring and permit fees.
$32,000 ($180,000) for in-house staff members to
plancheck, inspect, and administer local program
activities.
$35,000 ($123,000) for fact sheet and brochure,
slides, stencils, paint, and other supplies; local
media costs, providing training for the street sweeper
and storm drain cleaning crew, extra inlet cleaning,
and local administrative costs.
ITEM NO.~ OPIES TO: Shelley Sack, Alameda County
Public Works
Steven Ritchie, Calif.
Regional Water QCB
DESCRIPTION:
HISTORY
The Alameda County Urban Runoff Clean Water Program (Program) was initiated to
comply with the regulatory requirements of the California Regional Water
Quality Control Board's San Francisco Region (Regional Board) 1986 Basin Plan.
The Basin Plan required the implementation of a program to evaluate sources of
pollutants in urban runof~ (primarily storm flows), to estimate pollutant
loads, to identify pollutant control measures, and to implement a program of
pollutant controls. In mid-1987 representatives from the 14 cities in Alameda
County, Alameda County, the Alameda County Flood Control and Water
Conservation District (District), and Zone 7 of the District met with Regional
Board staff to define the steps necessary to comply with the Basin Plan
requirements. A Task Force committee consisting of representatives from 7
cities, the District, and Zone 7 of the District, was established to direct
the completion of the needed work. The overall day-to-day management and
coordination of the Program has been and continues to be conducted by District
staff.
In late 1987 the Task Force selected Eisenberg, Oliveri & Associates, Inc.,
(EOA) to prepare the Study Plan required by the RegionaI Board. The Study
Plan included a detailed description of the existing data sources, land use
and demographic information, and a work plan to monitor and model storm water
quality, flows, and pollutant loadings on water courses which empty into San
Francisco Bay. The Study Plan was completed in May of 1988 and unanimously
approved by the Regional Board at a public hearing in July of 1988.
In September 1988, the Task Force selected Woodward-Clyde Consultants (WCC)
to conduct the field monitoring, laboratory analysis, modeling, and control
program evaluation as defined within the Study Plan. Except for a lack of
normal rainfall, elements of the monitoring program are generally proceeding
as planned. In July 1990, WCC prepared an interim report which summarized the
data collected through April 1990. The data show that in storm water runoff,
the concentrations of copper, and on occasion lead and zinc, exceed EPA's
acute ambient water quality criteria values for these metals. A final report
on the results of the monitoring, modeling, and loads assessment is scheduled
for completion in August 1991. This date is about three months later than
originally planned because of the unexpected lack of rainfall events through
January of 1991.
REQUIRED ACTIVITIES
One of the key activities which will be conducted as part of ~he'~g~eemen~~
includes filing for an NPDES permit by the agencies as co-applicants. The
purpose of the NPDES permit is to monitor and clean up the City's storm drain
water which flows into local creeks and eventually to the Bay. Similiar to
Santa Clara Valley Water District, which was the first in the Bay Area to be
permitted, this will result in the Regional Board adopting an NPDES permit for
urban runoff which will name all of the Alameda county co-applicants as co-
permittees. It is expected that an NPDES permit will be adopted for the
Alameda County agencies in September of 1991, and that the permit will be for
a period of five years. It is anticipated that the permit will be renewed
after five years and that the urban runoff program will be a permanent
responsibility of the municipalities and other entities within Alameda County.
Another of the key activities provided by the Agreement will be to implement
the Alameda County Urban Runoff Clean Water Program (see attached report).
Program activities can be divided into two categories: those which are of
benefit to all the participants (termed General Program activities); and those
which are the responsibility of individual participants and which provide
individual benefits (termed Individual Program activities). Examples of
General Program activities include program administration, water quality
monitoring, and some aspects of the program information and education
activities. The Individual Program includes such activities as controls on
erosion and sedimentation from construction sites, street sweeping, and storm
drain cleaning.
The Agreement provides for the creation of a Management Committee whose
members will be appointed by the City Managers or their equivalent from each
of the participating entities. The Management Committee will provide overall
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Program direction and review, recommend an annual budget for approval by the
participants, and provide budget oversight. It is expected that many of the
City representatives currently serving on the Task Force will be selected to
serve on the Management Committee.
According to the Agreement, the allocation of voting strength among the
participants represented on the Management Committee is proportional to the
General Program cost shares. A quorum for conducting business requires that a
majority of the participants to the Agreement be present, regardless of voting
strength. Approval of actions, however, requires a two-thirds affirmative
vote of all the allocated votes. This requirement of two-thirds affirmative
vote is intended to encourage the building of a consensus on issues.
Under the direction of the Management Committee, the District will administer
and coordinate the program. Some of the activities for which the District
will be responsible include preparing draft annual budgets and status reports
on Program activities, consolidating and submitting reports prepared by the
participants as required by the NPDES permit, executing and administering
contracts needed to implement the Program, and other related activities
described in the Agreement. The District's role of coordinating and providing
the overall management of the Program is similar to what the District is
currently doing. This is also similar to the role the Santa Clara Valley
Water District is performing for the Santa Clara Valley Urban Runoff Program.
The Agreement also contains a statement of intent by the District to fund both
the Individual and General Program costs for cities located in District Zones
with Benefit Assessment Programs to the extent such funding is available.
Dublin is not in one of these assessment districts and will be responsible for
its individual share of the costs.
The Agreement provides that each of the participants fully comply with the
NPDES permit conditions which are applicable to their Individual Program and
its identified share of the General Program. The Agreement requires each of
the participants to submit agreed-upon reports to the District which document
implementation of the Program and compliance with the NPDES permit provisions.
COSTS AND FUNDING
The General Program activities, estimated at $3,300,000 per year, are proposed
to be funded by the member agencies on a proportional basis, one-half on
population and one-half on land area. Dublin's share of the cost and voting
rights is 2.34% of the total ($77,000). Some of the agencies already have an
assessment district to cover these costs. Other cities are contemplating the
establishment of utility fees or new assessment districts.
Following are several methods for funding the costs of the NPDES permit and
program:
1) Storm Water Utility Maintenance Fee. This method of funding the
program is a fee rather than a tax; therefore, this method can be
implemented with City Council approval after a public hearing. This
fee could be collected monthly by the City; however, it would not be
cost-effective to do so, as the City currently has no monthly billing
system. Two possible means of collection would be with the Dublin San
Ramon Services District (DSRSD)'s bi-monthly billing, if DSRSD would
agree to do so, or with the County's collection of property taxes if
the County would agree to do so. In the event the fee is not paid,
the City would have to collect the unpaid fees through the court
system. Ail of the fees collected would be under the control of the
City.
If the City of Dublin were to implement a fee program, the annual cost
per household would probably be in the $20 per household range (or
about $1.70 per month).
If this option were selected, the cost of collections would be more
costly than noncollection because of the inability of the City to cut
off utility services of delinquent fee payers. Palo Alto is using
this system, but they have incorporated it into their City-controlled
utility services. Staff would not recommend this type of funding
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mechanism on a long-term basis, but it would appear to be the most
practical solution for the first year because of the short time it
would take to implement.
2) Storm Water Utility and Maintenance Assessment District under the
1982 Benefit Assessment District. The formation of this assessment
district is subject to'Public Hearing, and a positive majority vote
of those voting in an election.
The earliest that an election could be held and the district formed
would be at the upcoming NOvember election at a cost of approximately
$3,000. Due to the November election date, assessments could not be
collected in the 1991-92 fiscal year (1991-92 assessments must be to
the Alameda County Auditor by the third week in August 1991).
The process for maintaining the Assessment District would be similar
to the City's Street Lighting Assessment District in that a Public
Hearing would be held each year to set assessments for the following
fiscal year. Staff would propose to spread the costs over the
commercial, as well as the residential properties. The first year
assessments would probably be in the $20 per single-family household
range based on a spread similar to the existing Street Lighting
.~Maintenance Assessment District.
3) Mello-Roos District. This form of funding is very similar to the
Assessment District funding; however, it would take a two-thirds
affirmative vote of the registered voters to implement.
4) Utility Users Tax. This funding mechanism would require a positive
majority vote for passage. The City Attorney is researching the
applicability of using this tax for storm wauer improvement
maintenance.
5) General Fund. The General Fund could be used to fund the program;
~however, this will take monies away from other operating and capital
improvement programs.
ALTERNATE TO THE COUNTYWIDE PROGRAM
Dublin could elect to remain independent as opposed to joining with other
Alameda County agencies; however, the stream monitoring costs and other
administrative costs would be much higher as the City of Dublin-c0Uld not
spread these costs to other agencies. If Dublin elects to do nothing, the
Regional Water Quality Control District would impose a plan' on'DuBIin, one in
which the City would not have input into or control over. If'Dublin did not
then follow through in implementing the permit, Dublin would be subject to
legal action under the Federal Environmental Protection Act.
Staff recommends that the City Council (1) adopt the resolution approving
the agreement and (2) pursue the Stormwater Utility Maintenance Fee and/or the
Maintenance Assessment District to fund this new program.
RESOLUTION NO. -91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT TO IMPLEMENT THE ALAMEDA COUNTY
URBAN RUNOFF GLEAN WATER PROGRAM
WHEREAS, the California Regional Water Quality Control Board
requires that Alameda County and the cities within Alameda County implement a
program to evaluate sources of pollutants in urban runoff, to estimate
pollutant loads, to identify pollutant control measures, and to implement a
program of pollutant controls; and
WHEREAS, the program includes applying for a National Pollutant
Discharge Elimination System (NPDES) permit, implementing General and
Individual Program Activities, and creation of a Management Committee to
provide direction and review the Program budget; and
WHEREAS, the Alameda County Flood Control and Water Conservation
District will administer and coordinate the program under the direction of the
Management Committee;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Dublin does hereby approve the Agreement to Implement the Alameda County
Urban Runoff Clean Water Program;
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the
agreement.
PASSED, APPROVED, AND ADOPTED this 13th day of May, 1991.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
AGREEMENT
TO IMPLEMENT THE ALAMEDA COUNTY
URBAN RUNOFF CLEAN WATER PROGRAM
AGREEMENT
PROVIDING FOR IMPLEMENTATION OF THE
ALAMEDA COUNTY URBAN RUNOFF CLEAN WATER PROGRAM
THIS AGREEMENT is made and entered into this day of
1991 by and between the following undersigned public agencies, all
which are referred to collectively as the Parties.
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 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 of the State of
California.
RECITALS
A. The 1986 Water Quality Control Plan for the San Francisco
Bay Basin (Basin Plan), 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, 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 County Urban Runoff Clean Water
Program (hereinafter ,'Program"). The Program contains certain
elements which 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
which are an individual Party responsibility and which provide
individual benefits (such as construction site controls, catch basin
cleaning, and illicit and illegal connection inspections, monitoring
and enforcement), and these elements are termed the "Individual
Programs". A description of the General and Individual Programs'
elements, major tasks, schedules, and budgets will be developed as
part of the "Work Plan for cities in Alameda County, Alameda County,
and the Alameda County Flood Control and Water Conservation District
to file for a NPDES Permit" dated August 24, 1990.
C. The previous Agreements that have been executed are the
following: The November 10, 1987 "Agreement Regarding Evaluation of
Non-Point Source of Water Pollution" and the October 17, 1989
"Agreement Regarding Implementation of Nonpoint Source Control
Evaluation Program". In addition there is a pending agreement titled
"Agreement Regarding Development of a Proposed Alameda County Nonpoint
Source Control Management Plan" which will provide funding through
June 1991 for implementation of the August 24, 1990 work plan.
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.
E. This Agreement does not amend or 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 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 respective jurisdictions.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. A Management Committee is hereby created to provide overall
program direction, review and recommend an annual budget for approval
by the PARTIES, and budget oversight, all in accordance with the
Alameda County Urban Runoff 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 formulas
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.
No action shall be taken by the District which requires expenditures
by any party other than the District without prior Management
Committee approval.
2. Pursuant to direction of the Management Committee, the
District shall administer and coordinate the Program, which duties
include but are not limited to:
(a) Applying 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 distri-
buting same to PARTIES at least quarterly;
(c) Consolidating and submitting reports prepared by the
several PARTIES required by the NPDES permit;
(d) Letting and administering approved consultant con-
tracts according to District policies and procedures and
considering other members' requirements. All consultant
contracts will contain hold harmless and indemnity pro-
visions 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;
(g) Preparing an annual report on the implementation of
the Program;
(h) Representing the PARTIES in participation in the Bay
Area Stormwater Management Agencies Association; and
(i) Formally advising the appropriate State and Federal
agencies of termination or amendment of this Agreement.
3. The PARTIES accept and agree to perform the following
duties:
(a) Each will authorize a representative to apply for an
NPDES permit as co-applicants with the other Parties;
(b) Each will fully comply with the NPDES permit condi-
tions applicable to its Individual Program and its identi-
fied 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 located 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 of the 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 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 of the PARTIES, budget allocations 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). The attached Exhibit
B provides a copy of the formulas which are used to allocate costs.
Each Parties' share of the General Program's costs for fiscal year
1991/92 will be according to the percentages provided in Exhibit A.
Cost shares will be recalculated based on updated information on
population and area using the formulas in Exhibit B for fiscal year
1992/93 and at appropriate future intervals 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 1991, subject to automatic renewal for a five (5)
year period in the absence of objection thereto made in writing by any
Party 90 days in advance of the renewal date. The participation of
any Party to this Agreement may be terminated 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 of the condi-
tions 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 through an amendment of the Parties' NPDES permit. Any
expenses associated with terminating the Agreement including but not
limited to filing for and obtaining the individual NPDES permit and
the amendment of the 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 every 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
resulting from the negligence or willful misconduct of the other
Parties or their officers or employees.
EXHIBIT A
ALAMEDA COUNTY URBAN RUNOFF CLEAN WATER PROGRAM
MANAGEMENT COMMITTEE
Voting and General
Program Cost
Share Percentages
· Alameda 4.96
Alameda County 9.28
· Alameda County Flood Control 0.00
and Water Conservation District
· Zone 7 of Alameda County Flood Control 0.00
and Water Conservation District
· Albany 0.80
· Berkeley 6.22
· Dublin 2.34
Emeryville 0.40
· Fremont 17.04
· Hayward 11.52
· Livermore 5.40
Newark 3.04
· Oakland 23.80
· Piedmont 0.76
Pleasanton 4.46
San Leandro 4.84
· Union City 5.14
Total 100.00
ALAMEDA COUNTY FLOOD CONTROL
AND WATER CONSERVATION
DISTRICT, a local public agency
of the State of California, and
COUNTY OF ALAMEDA, a
subdivision of the State of
California
APPROVED AS TO FORM:
By:
County Counsel Chairperson, Board of
Supervisors
ATTEST:
William Merhwein, Clerk
The Board of Supervisors
of the County of Alameda
State of California
ZONE 7 OF ALAMEDA COUNTY FLOOD
CONTROL AND WATER CONSERVATION
DISTRICT, a local public agency
APPROVED AS TO FORM: of the State of California
By:
Attorney Chairman, Board of
Directors
ATTEST:
Secretary, Board of
Directors
APPROVED AS TO FORM: CITY OF ALAMEDA, a municipal
corporation of the State of
California
By:
city Attorney Mayor
ATTEST:
CITY OF ALBANY, a municipal
APPROVED AS TO FORM: corporation of the State of
California
By:
City Attorney MaYor
ATTEST:
CITY OF BERKELEY, a
APPROVED AS TO FORM: municipal corporation of the
State of California
By:
city Attorney City Manager
ATTEST:
CITY OF DUBLIN, a municipal
APPROVED AS TO FORM: corporation of the State of
California
By:
City Attorney Mayor
ATTEST:
CITY OF EMERYVILLE, a municipal
APPROVED AS TO FORM: corporation of the State of
California
By:
city Attorney
Title:
ATTEST'.
CITY OF FREMONT, a municipal
APPROVED AS TO FORM: corporation of the State of
California
By:
city Attorney
Title:
ATTEST:
CITY OF HAYWARD, a municipal
APPROVED AS TO FORM: corporation of the State of
California
By:
City Attorney
Title:
ATTEST:
CITY OF LIVERMORE, a municipal
APPROVED AS TO FORM: corporation of the State of
California
By:
City Attorney City Manager
ATTEST:
CITY OF NEWARK, a municipal
APPROVED AS TO FORM: corporation of the State of
California
By:
city Attorney
Title:
ATTEST:
CITY OF OAKLAND, a municipal
APPROVED AS TO FORM: corporation of the State of
California
By:
City Attorney
Title:
ATTEST:
CITY OF PIEDMONT, a municipal
APPROVED AS TO FORM: corporation of the State of
California
By:
city Attorney
Title:
ATTEST:
CITY OF PLEASANTON, a
APPROVED AS TO FORM: municipal corporation of the
State of California
'By:
City Attorney Mayor
ATTEST:
CITY OF SAN LEANDRO, a
APPROVED AS TO FORM: municipal corporation of the
State of California
By:
City Attorney
Title:
ATTEST:
CITY OF UNION CITY, a
APPROVED AS TO FORM: municipal corporation of the
State of California
By:
city Attorney
Title:
ATTEST:
-CITY OF DUBLIN
MEMORANDUM
Date: April 1, 1991
To: Lee Thompson, Public Works Director
Rich Ambrose, City Manager
From: Mehran Sepehri, Senior Civil Engineer
Subject: Storm Water Management Plan for
the Alameda County Urban Runoff Clean Water Program
California Regional Water Quality Control Board's San Francisco
Region (Regional Board) requires cities to obtain a National
Pollutant Discharge Elimination System (NPDES) permit to dis-
charge its storm water into streams which lead to San Francisco
Bay. As part of the NPDES permit, the City must implement a
Storm Water Management Plan. This plan was prepared to fulfill
the permit application requirements of the Regional Board and
meet the intent of the Federal storm water regulations. The
main objective of the plan is to protect the quality of water
and life in the San Francisco Bay and tributary streams in
Alameda County from potential adverse effects of storm water
pollution. The objectives of these components can be described
briefly as follows:
a) Public Information and Participation: This component
is proposed to educate the public to better understand and
participate in the control of urban runoff pollution and to
solicit support for the program. Some examples of Public
Information and Participation are:
1. Urban Runoff kick-off event.
2. Fact sheet and brochure.
3. Slide show.
4. Urban Runoff Information telephone number.
5. Telephone survey.
6. Public workshops or meetings.
7. Media campaign.
8. Installation of program logo by students on storm
drain inlets.
These items will be undertaken as both General and
Individual program activities.
b) Municipal Government Activities: This component is
proposed to improve activities performed by municipal government
agencies and/or promote adoption of new practices to reduce the
amount of pollutants entering the municipal storm drain system.
Some examples of Municipal Government Activities are:
Report on Storm Water ~anagement Plan
April 1, 1991
Page 2
1. Household hazardous waste collection programs.
2. Collection or recycling program for non-hazardous
material.
3. Litter pickup and control.
4. Erosion control on undeveloped lands.
5. Street sweeping.
6. Maintenance of storm drain inlets, catch basins,
and storm drain lines and channels.
c) New Development and Construction SiteControls: This
component is proposed to control storm water pollution origi-
nating from new development and significant redevelopment, both
during and after construction. Some examples of New Development
and Construction Site Controls are:
1. Site planning procedures which consider potential
water quality impacts.
2. Detailed procedures for inspecting sites and
enforcing control measures which address the
nature of the construction activity, topography,
characteristics of soils, and receiving water
quality.
3. Structural (such as hay bales or sandbags to trap
sediment and pollutants) and non-structural (such
as spills prevention) practices.
4. Educational and training measures for construction
site operators.
d) Illicit Discharge Identification or Elimination:
This component is proposed to eliminate all non-storm water
discharges, including illicit connections and illegal dumping
into the municipal storm drain system. Some examples of Illicit
Discharge Identification and Elimination are:
1. A program to enforce ordinances to prevent illicit
discharges.
2. Ongoing field screening activities.
3. Investigations of those portions of the storm
drain system that have a reasonable potential of
containing illicit discharges.
4. Procedures to prevent, contain, and respond to
spills that may discharge into the storm drains.
5. A program to promote public reporting of illicit
discharges.
6. Public education program to facilitate the proper
management and disposal of used oil and toxic
materials.
7. A program to limit infiltration from sanitary
sewers to storm drains.
Report on Storm Water Management Plan
April 1, 1991
Page 3
e) Industrial Dischargers Identification and Runoff
Control: This component is proposed to identify industrial
discharges in Alameda County, ensure that the industries are
discharging only storm water to the municipal storm drain
system, and help industries learn how they can reduce pollutants
in their storm water runoff and comply with state and local
requirements. It is expected that the person who conducts the
field inspections for the Illicit Discharge Identification and
Elimination Program Component will conduct the industrial site
inspections as necessary.
(The City's cost for the Individual Program activities
for this component is included in components (c) and
(d) .)
f) Monitoring: This component is proposed to conduct
monitoring which will augment existing monitoring results on
hydrologic and water quality conditions in Alameda County
creeks, help identify sources of storm water pollution, evaluate
effectiveness of controls proposed by the other program com-
ponents, and evaluate effectiveness of the overall program on
improving water quality.
(No Individual Program activities are included in this
component.)
g) Storm Water Treatment: This component is proposed to
retrofit selected existing storm water facilities to enhance
their ability to remove contaminants from storm water or
construct new facilities to treat storm water. Additionally,
the program component will identify new or improved ways to
operate and maintain existing storm water facilities to enhance
removal of pollutants.
Storm Water Management Program activities can be divided into
two categorieS: those which are of benefit to all participants
(termed General Program Activities) such as media advertising,
etc., and those which are the responsibility of individual
participants (cities, counties, etc.) and which provide indi-
vidual benefits (termed Individual Program Activities) such as
inspection, plan checking, etc.
The County and consultants recommend that the City hire two
full-time employees to work on the NPDES permit and storm water
management plan. At this time, Staff feels that the allocation
of 1/2 person to perform duties on storm management plan
requirements will be required. Plan checking for the storm
water management plan can be handled by the normal process.
However, the storm water management plan requires a full-time
Report on Storm Water Management Plan
April 1, 1991
Page 4
employee, as the employee must receive intense training to
perform the duties assigned. Part time employees tend to end
their employment in favor of full time employment, in which
case, the City coUld lose an employee with training which would
be difficult to replace. A full-time employee could be hired
to perform storm water management plan duties half the time and
perform other duties the other half of the time.
The permit and storm water management plan (which is part of the
permit), will cost the City approximately $144,000 for the first
year, based on the City's estimate to perform the consultant's
recommendations, including the cost of additional staff. For
FY 1991-92, the cost for General Program Activities will be
~approximately $77,000, and the City of Dublin Individual Program
Activities will be approximately $67,000 over and above the
program Dublin already has.
Seven cities and Alameda County have already created an
assessment district to fund this program. Some other cities
are in the process of creating a storm water utility fee or
assessment districts. For example, the City of Palo Alto has
developed a Storm Water Utility Fee which could be used by the
City of Dublin with some adjustments. The City of Palo Alto
created an "Equivalent Residential Unit (ERU)" based on single-
family and duplex units considered to have an average impervious
area of 2,500 sq. ft. All other properties (such as commercial,
industrial, multi-family, etc.) will have ERU's computed to the
nearest.l/10 ERU using the following formula:
No. of ERU's = Impervious Area (sq. ft). 2,500 sq. ft.
No developed parcel shall have an ERU less than one (1.0).
"Impervious Area" means any~part of any developed parcel of
land that has been modified by the action of persons to reduce
the land's natural ability to absorb and hold rainfall. The
City of Dublin could use the area of total lot minus the area of
unimproved open space, which could be found by looking at aerial
maps and/or any other available plans.
The total amount of funds needed for storm water management
programs will be divided by the total amount of ERU's in the
city to find the unit price of the ERU. The unit price will be
multiplied by the number of ERU's in each lot.
At this time, the approximate cost for each ERU in the city of
Dublin would be about $20 per year, based on Staff's estimate of
the costs.
' ' CITY OF DUBLiN ~ ·
MEMORANDUM
DATE: April 11, 1991
TO: Lee S. Thompson, Public Works Director
FROM: Mehran Sepehri, Sr. Civil Engineer /~ .~,
SUBJECT: Urban Runoff Clean Water Management Program (URCWMP) Consultant
Justification for Hiring Additional Staff
The URCWMP consultant informed n~ that Santa Clara County has been
impler~enting the program for approximately six months. However, they are
only doing a portion of it, including Public Information/Participation and
the education part of New Development and Construction Site.
The cities in Santa Clara County which are comparable to the size of Dublin
are using almost a full-time person (5/6 of full-tin~) on these programs
mentioned above. Furthermore, the consultant estimated additional staffing
would be needed for inspection, planchecking, investigation, etc.
Based on these reasons, the consultant reconm~nded hiring two full-time
staf fmembers.
~/mb
Table 7-1. Staffing Recommendations for Improving Programs to Control Urban Runoff Pollution
Resulting From New Development and Significant Redevelopment
Name Plan and Permit Review Inspection
Current Needed Current Needed
Alameda not known 1 PT not known 1 PT
County of Alameda not known 1 FT 'not known 1 FI'
Albany not known 1 PT 1 Chief Inspector 1 PT
Berkeley not known 1 PT 10 buildin _g/hbum~"ng: ~-. . 0
5 FT, 2 ~ engm,~rmg
Dublin+ not known 1 FI' 3 Fl', 2 pT building &"~c0nstruction 1 FT *
Emeryville not known 1 PT .ufik-r3~6wn 1 PT
Fremont+ not known 1 FT ,t(~...,,.,:~%FT,: ~"~nd q~( PT public works 1 FI'*
Hayward+ not known 1 FT 8 engxne~ohg & 1 FT *
Livermore not known 1 FT:~,, '% ? ~5-~building & 8 public wor's 0
Newark+ not known 1 FI' X.~k ~;, 2 FY building & 1 FT, 1 FT *
X x' 1 PT public works
Oakland not knowh / ' .< 1 PT grading 1 FY
Piedmom not kn~m Q 1 PT'~' 3 inspectors 0
Pleasanton+ ,.:? ..jlot"kn0wn FY 7 FY & 2 PT public works 1 FY *
San Leandro+ ~_ ':..~ not knpwp~ 1 FY 5 FT site improvement 1 FI' *
Union City+ '~'Okkn~own 1 FT 2 FT inspectors 1 FY *
FY = Full time person
PT= Part time person (1/2 time)
* Although these cities currently have a large inspection staff, inspections are done currently only on a
response basis, and there is potential for significant construction activity in the city. An additional staff
person is recommended for routine inspection of ail new development.
+ It is recommended that these seven cities hire new staff during the first fiscal year of the Program, due
to the potential for new development.
7.11
C :\Wp~ LAME DAKS F_.,CT7 .TB L
PROPOSED WORK PROGRAM - NPDES PERMIT
COST
ESTIMATE
I. Public Information
A. Program Awareness
1) Urban Runoff Representative Hire 1/2 person (included
for this & other at bottom
program work of page)
2) Establish Informational Phone No. Use existing
Public Works no.
3) Prepare Mailing List Use existing
personnel &
existing City-
wide list.
B. Public Awareness
1) Distribute informational Material Include w/
newsletter
2) Educational Presentations Include w/
1/2 person
3) Develop Newsletter & Other Include w/ $ 5,000
Materials newsletter &
calendar;
$.25/brochure
x 10,000 x 2/yr.
4) Evaluate Program (reports) Include w/
1/2 person
$ 5,000
II. 1/2 Staff Member for Inspections, Reports, $ 32,000
and Administration
WORK PROGRAM, PAGE 2
III. Miscellaneous Activities
A. Labeling catch basins, Volunteer $ 500
Materials: paint & stencils workers
B. Increase inspection and cleaning $ 4,700
of catch basins by one time.
C. Consulting help with brochures & $ 5,000
training work.
D. Miscellaneous part-time and/or $ 20,000
other Consultant time support.
$ ~o,2oo
Say $ 30,000
GRAND TOTAL: $ 67,000
The following are already being done:
1) Litter pickup
2) Street sweeping twice monthly for residential areas
and weekly for commercial areas.
3) Plan check and inspection of erosion control.
4) Hazardous waste collection program.
5) Map storm drains and outfalls.
6) Produce Citywide newsletters.