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HomeMy WebLinkAboutReso 176-04 CleanWaterProgram RESOLUTION NO. 176 - 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 andflexibility 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: Council members Oravetz, McCormick, Sbranti, Zika and Mayor Lockhart NOES: None ABSENT: None ATTEST: ABST AIN: None ity K 2 /G/9~ 7 "()4/reso~NPDES G:\NPDES\reso revised agrt 090704.doc AGREEMENT . TO IMPLEMENT THE ALAMEDA COUNTYWIDE CLEAN WATER PROGRAM 1 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. tþ.e 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 Califorma; , CITY OF DUBLIN, a municipal corporation of the State. of California; CITY OF EMERYVILLE, a mUnicipal corporation of the State ofCalifomia; 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 PLEAS.ANTON, a municipal corporation of the State of California; CITY OFS.AN LEANDRO, a municipal corporation ofllie State ofCalifomia; and CITY OF UNION CITY, a municipal corporation of the State of California. 2 RECITALS A. The 'Water Quality Control Plan for the San Francisco, Bay Basin (Basin Plan), and the NPDES, Pennit 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 ofpollutants 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 lmown as the Alameda Countywide Clean Water Program: (hereinafter "Program"). The Pro gram 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 tenned 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 elements, major tasks, schedules,. and budgets have been developed as part of the Stonnwater Quality Management Plan, and the Annual Reports and Workplans. C. The previous' Agreements that have. been executed are, the following: . The November 10, 1987 "Agreement Regarding Evaluation öfthe Non-Point Source, of Water Pollution;" the October 17, 1989 "Agreement Regarding Implementation ofNonpoint Source Control Evaluation Prógrain;" 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 199Ì "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 of the 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 , ' 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 CCnmty 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 aùthorized 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 2. Pursuant to.direction'ofthe, Management Committee, the District shall administer and coordinate the, Pro gram [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 P ARTIBS at least annually; ( c) Consolidating and submitting reports, prepared by the several P ARTIE,s required by the NPDES permit; (d) Letting and administering approved consultant contracts according to District policies and procedures and considering , . other members' requirements. fu 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 hannless 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 lmowledge 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 (g) Preparing an annual report onthe implementation of the Program; (h) Representing the. PARTIES in participation in the. Bay AIea Stonnwater Management Agencies Associati,on; and ,(i) Fonnally advising the. appropriate, State and Federal agencies of tennination or amendment of this, 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 pennit conditions applicable to its Individual Program and its identified portion ofthe 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 requited 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 provißions 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 7 implementation of permit programs. Upon completion of the. purposes of this Agreement, any sUIplus 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 ~greement of the. PARTIES, budget allocations, and voting shares for the General Program shall be made according to a fonnula 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 of the 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 fonnula 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 responsibkparties. 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 obj ection 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 temrinated 8 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 provlslOn 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. conditions. of tennination. The conditions, oftennination 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 tenninating the. Agreement including but not limited to filing for and obtaining the iridividual NPDES pemrit and the, amendment of the. Parties' NPDES pennit 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, indenmify and save hannless 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 resulting from tbe negligence or willful niisconduct of the other Parties or their offi-cers or employees.. 10 , ' NEW ALLOCATION, OF VOTING SHARES,AND,'GENERAL PROGRAM còsiS 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. 1 00.00 100.00 . G:\NPQES\old allocation 04.doc '1 ": · . FORMULAS. FOR CALCULATING PERCENTAGÈ. CQST AND VOTING. SHAR~S. TO SUPPORT GENERAL PROGRAM x.100 .. t. I P . C S'1 Ô.5 (Area within Municipality) 0.5 (Poptll.atiOlí within Mwiicipality) IClpa lty 8 ercéntage ost lwre= ." . .... . +, . ;. ".. .' UTotal Area:of All MUlHclpalzties)- (Total Populatwn of All MUUlcrpahtles) ~ ., ]Ylur Each