HomeMy WebLinkAboutItem 8.5 StandardStormwaterTrmt
CITY CLERK
File # Dfhl~[Zl]-~[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 21, 2004
SUBJECT:
ATTACHMENTS:
RECOMMENDA TION:
'!} 4"
FINANCIAL STATEMENT:
Adoption of Standard Stormwater Treatment Measures Maintenance
Agreement for Post-Construction Operation and Maintenance of
Privately-Maintained Stormwater Pollutant-Control Measures
Report Prepared by: Melissa A. Morton, Public Works Director
1)
Resolution Approving Standard Post-Construction
Stormwater Treatment Measures Maintenance Agreement
for Privately Maintained Treatment Measures, and
Authorizing the Public Works Director to Execute the
Agreements on Behalf of the City
Sample Stormwater Treatment Measures Maintenance
Agreement
2)
Adopt Resolution Approving Standard Post-Construction
Stormwater Treatment Measures Maintenance Agreement for
Privately Maintained Treatment Measures, and Authorizing the
Public Works Director to Execute Agreements on Behalf of thé City
The cost of developing each agreement will be borne by the
developer as part of the project processing cost. The cost of ongoing
maintenance will be borne by the property owner. There will be a
nominal cost to the City's National Pollutant Discharge Elimination
System (NPDES) program for review of the annual reports and
possible filed review of sites.
DESCRIPTION: As a member of the Alameda County Clean Water Program, the
City of Dublin is a party to the stormwater discharge permit issued by the San Francisco Bay Regional
Water Quality Control Board for storm drainage facilities in Alameda County. Under revisions to the
permit made by the Board on February 19, 2003, the City is required to implement a program for the
ongoing monitoring of stormwater measures installed as a Condition of Approval for new development or
redevelopment, and also for those measures installed by a public agency as part of that agency's Clean
Water Program.
Included in the monitoring program is a requirement that all privately maintained stormwater measures be
subject to a maintenance agreement executed between the public agency requiring the measure and the
private property owner requiring the ongoing maintenance of incorporated measures. Stormwater
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COPIES TO:
Alameda County Clean Water Program
ITEM NO.-M
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measures may include grass swales, water quality ponds or detention ponds, or structural improvements
such as centrifugal manholes or seperator vaults.
The Alameda County Clean Water Program has developed a draft standard maintenance agreement for
use by participating agencies. Staff has reviewed the draft document and made certain changes to best fit
the City's individual program. A copy of the draft agreement is attached. Key provisions of the agreement
are as follows:
1) The agreement will be executed prior to release of improvement sureties (subdivisions) or occupancy
of buildings (single lot developments). The agreement will be executed between the City and the
entity responsible for maintaining the improvement. This could be the property owner, homeowner's
association, or property owner's association.
2) The agreement will provide for the responsible party to perform necessary maintenance measures.
Maintenance measures would include removal of accumulated silt from swales or ponds, pumping
debris from manholes or vaults, and routine trash/litter pickup and landscape care. The appropriate
measures for each site will be outlined in the agreement.
3) The agreement requires that the responsible party submit an annual report to the City confirming that
the necessary maintenance work has been completed.
4) The agreement allows the City, San Francisco Bay Regional Water Quality Control Board, and the
Alameda County Mosquito Abatement District to enter the property for inspections in response to
complaints, or to confirm that the work outlined in the annual report has been completed as stated in
the report.
5) In the event that the responsible party defaults on the required maintenance, the City may enter the
property for the purpose of completing work necessary to abate a nuisance or health problem. The
City may collect payment from the responsible party to cover the cost of the work.
Copies of the maintenance agreements will be sent to the Alameda County Mosquito Abatement District,
and the District will be allowed to inspect facilities under the agreements. This will allow the District to
track and inspect potential mosquito breeding within swales or ponds. In addition, the development
community received draft copies of the agreement for review at a meeting held September 16, 2004.
Staff recommends that the City Council adopt the resolution approving the Standard Post-Construction
Stormwater Treatment Measures Maintenance Agreement for Privately Maintained Treatment Measures,
and authorizing the Public Works Director to Execute Agreements on behalf of the City
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RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********************
APPROVING STANDARD POST-CONSTRUCTION STORMW A TER TREATMENT MEASURES
MAINTENANCE AGREEMENT FOR PRIV A TEL Y MAINTAINED
TREATMENT MEASURES, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR
TO EXECUTE AGREEMENTS ON BEHALF OF THE CITY
WHEREAS, on February 19,2003, the Regional Water Quality Control Board, San Francisco Bay
Region, adopted Order R2-2003-0021, CAS0029831, reissuing the Alameda Countywide National Pollutant
Discharge Elimination System (NPDES) municipal stormwater permit for the Alameda Countywide Clean
Water Program (Clean Water Program); and
WHEREAS, the City of Dublin is subject to the permit as a co-permittee under the Clean Water
Program; and
WHEREAS, Provision C.3.e.ii. of this NPDES permit, and as it may be amended or reissued,
requires the permittee public agencies to provide minimum verification and access assurances that all
treatment measures shall be adequately operated and maintained by entities responsible for the stormwater
treatment measures; and
WHEREAS, the Clean Water Program has prepared a draft Stormwater Treatment Measures
Maintenance Agreement between member agencies and private property owners covering the ongoing
operation, maintenance, and inspection of privately-maintained treatment measures, to assist member agencies
in complying with the requirements of the permit; and
WHEREAS, the City of Dublin has reviewed and modified the draft agreement for it use;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does resolve
as follows:
1) That new development or redevelopment which includes post-construction stormwater treatment
measures which are not maintained by a public agency shall enter into an agreement with the City of Dublin
assuring the future operation and maintenance of the facilities by a private entity.
2) That the form of the agreement shall be the Stormwater Treatment Measures Maintenance
Agreement, modified as needed to address individual sites.
3) That the Director Public Works shall be authorized to execute the agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED this 21st day of September, 2004.
AYES:
NOES:
ABSENT:
ABSTAINING:
ATTEST:
Mayor
City Clerk
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STORMWATER TREATMENT MEASURES
MAINTENANCE AGREEMENT
This Stormwater Treatment Measures Maintenance Agreement ("Agreement") is entered
into this [insert date] by and between the City of Dublin ("City") and [insert name of property
owner], a property owner of real property described in this Agreement.
RECITALS
A. On February 19,2003, the Regional Water Quality Control Board, San Francisco Bay
Region, adopted Order R2-2003~0021, CAS0029831, reissuing the Alameda Countywide NPDES
municipal stormwater permit for the Alameda Countywide Clean Water Program; and
B. Provision C.3.e.ii. of this NPDES pemrit, and as it may be amended or reissued, requires
the permittee public agencies to provide minimum verification and access assurances that all
treatment measures shall be adequately operated and maintained by entities responsible for the
stormwater treatment measures; and
C. The Property Owner, [insert name], is the owner of real property commonly known as
[insert address]_(the "Property"), subject to the condition of approval of Planning
Commission Resolution No. , and more particularly described in the attached legible
reduced-scale copy of the Site Plan or comparable document (Exhibit A) upon which stormwater
treatment measures are located or to be constructed; and
D. The City is the permittee public agency with jurisdiction over the Property.
E. The Property Owner, its administrators, co-owners, executors, successors, heirs, assigns
or any other persons, including any homeowners association (hereinafter referred to as "Property
Owner") recognizes that the stormwater treatment measure(s) more particularly described and shown
on Exhibit B (Location Form), of which full-scale plans and any amendments thereto are on file with
the [Platllling] Department of the City of Dublin must be installed and maintained as indicated in this
Agreement and as required by the NPDES permit.
F. The City and the Property Owner agree that the health, safety and welfare of the citizens of
the City require that the stormwater treatment measure(s) detailed in the Site Plan or comparable
document be constructed and maintained on the Property; and
G. The City's Stormwater Management Program, guidelines, criteria and other written
directions require that the stormwater treatment measure(s), as shown on the approved Site Plan or
comparable document, be constructed and maintained by the Property Owner
NOW, 1HEREFORE, with reference to the above recitals and in consideration of the
mutual promises, obligations, and covenants herein, City and Property owner agree as follows:
SECTION 1: CONSTRUCTION OF TREATMENT MEASURES
The on-site stormwater treatment measure(s) shown on the Site Plan or comparable
document shall be constructed by the Property Owner in strict accordance with the approved plans
and specifications identified for the development and any other requirements thereto which have been
approved by the City in conformance with appropriate City ordinances, guidelines, criteria and other
written direction.
SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY
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This agreement shall serve as the signed statement by the Property Owner accepting
responsibility for operation and maintenance of stormwater treatment measures as set forth in this
Agreement until the responsibility is legally transferred to another entity. Before the Property is
legally transferred to another entity, the Property Owner shall provide to the City at least one of
the following:
1) A signed statement from the entity assuming post-construction responsibility for treatment
measure maintenance and that the treatment measures meet all local agency design standards; or
2) Written conditions in the sales or lease agreement requiring the buyer or lessee to assume
responsibility for operation and maintenance (O&M) consistent with this provision, which
conditions, in the case of purchase and sale agreements, shall be written to survive beyond the
close of escrow; or
3) Written text in project conditions, covenants and restrictions (CCRs) for residential
properties assigning O&M responsibilities to the home owners association for O&M of the
treatment measures; or
4) Any other legally enforceable agreement or mechanism that assigns responsibility for the
maintenance of treatment measures.
SECTION 3: MAINTENANCE OF TREATMENT MEASURES
The Property Owner shall not destroy or remove the stormwater treatment measures from
the Property nor modify the stormwater treatment system in a manner that lessens its effectiveness,
and shall, at its sole expense, adequately maintain the stormwater treatment measure(s) in good
working order acceptable to the City and in accordance with the Treatment Measure operation
and Maintenance Inspection Report (TMOMIR) agreed hereto an example of which is attached as
Exhibit C (TMOMIR. This includes all pipes, channels or other conveyances built to convey
stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation
provided to control the quantity and quality ofthe stormwater. Adequate maintenance is herein
defined as maintaining the described facilities in good working condition so that these facilities
continue to operate as originally designed and approved. The Treatment Measure operation and
Maintenance Inspection Report (TMOMIR) shall include a detailed description of and schedule
for long-term maintenance activities.
SECTION 4: SEDIMENT MANAGEMENT
The Property Owner will manage sediment accumulation resulting from the normal operation of the
stormwater treatment measure(s) appropriately. The Property Owner will provide for the removal
and disposal of accumulated sediments. Disposal of accumulated sediments shall not occur on the
Property, unless provided for in the Treatment Measure operation and Maintenance Inspection
Report (TMOMIR). Any disposal or removal of accumulated sediments or debris shall be in
compliance with all federal, state and local law and regulations.
SECTION 5: ANNUAL INSPECTION AND REPORT
The Property Owner shall, on an annual basis, complete the Treatment Measure Operation and
Maintenance Inspection Report (annual report), attached to this agreement as Exhibit C. The annual
report shall include all completed Inspection and Maintenance Checklists Exhibit D (Check List) for
the reporting period and shall be submitted to the City in order to verify that inspection and
maintenance of the applicable stormwater treatment measure(s) have been conducted pursuant to this
agreement. The annual report shall be submitted no later than December 31 of each year, under
penalty ofpetjury, to the City of Dublin NPDES Coordinator at the City of Dublin, 100 Civic Plaza,
Dublin CA, 94568 or another member ofthe City staff as directed by the City. The Property Owner
shall provide a record of the volume of all accumulated sediment removed from the treatment
measure(s) in the annual report. The Property Owner shall conduct a minimum of one annual
inspection of the stormwater treatment measure(s) before the wet season. This inspection shall occur
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between August 1 <I and October 1 <I each year. The Treatment Measure operation and Maintenance
fuspection Report (TMOMIR), Exhibit C, may require more fi-equent inspections. The results of
inspections shall be recorded on the Model Inspection & Maintenance Checklist( s) attached as
Exhibit D.
SECTION 6: NECESSARY CHANGES AND MODIFICATIONS
At its sole expense, the Property Owner shall make changes or modifications to the
stormwater treatment measure(s) and/or the Treatment Measure operation and Maintenance
Inspection Report (TMOMIR), Exhibit C, as may be determined as reasonably necessary by the
City to ensure that treatment measures are properly maintained and continue to operate as
originally designed and approved.
SECTION 7: ACCESS TO THE PROPERTY
The Property Owner hereby grants permission to the City of Dublin; the San Francisco Bay
Regional Water Quality Control Board (RWQCB); the Alameda County Mosquito Abatement District
(Mosquito Abatement District); and their authorized agents and employees to enter upon the Property
at reasonable times and in a reasonable marmer to inspect, assess or observe the stormwater treatment
measure( s) in order to ensure that treatment measures are being properly maintained and are
continuing to perform in an adequate manner to protect water quality and the public health and
safety. This includes the right to enter upon the Property when it has a reasonable basis to believe
that a violation ofthis Agreement, the City's Stormwater Management Program, guidelines, criteria,
other written direction, or the Alameda Countywide Clean Water Program's NPDES municipal
stormwater permit (Regional Board Order R2-2003-0021, and any amendments or re-issuances of
this permit) is occurring, has occurred or threatens to occur. The above listed agencies also have a
right to enter the Property when necessary for abatement of a public nuisance or correction of a
violation of the Treatment Measure operation and Maintenance fuspection Report (TMOMIR),
criteria or other written direction. Whenever possible, the City, RWQCB, or the Mosquito Abatement
District shall provide reasonable notice, delivered pursuant to Section 9 of this agreement, to the
Property Owner before entering the property.
SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES
In the event the Property Owner fails to maintain the stormwater treatment measure(s) as
shown on the approved Site Plan or comparable document in good working order acceptable to the
City and in accordance with the Treatment Measure operation and Maintenance fuspection Report
(TMOMIR), incorporated in the Agreement, the City, and its authorized agents and employees
with reasonable notice, delivered pursuant to Section 9 of this agreement, may enter the Property
and take whatever steps it deems necessary and appropriate to return the treatment measure(s) to
good working order. Such notice will not be necessary if emergency conditions require immediate
remedial action. This provision shall not be construed to allow the City to erect any structure of a
pennanent nature on the Property. It is expressly understood and agreed that the City is under no
obligation to maintain or repair the treatment measure(s) and in no event shall this Agreement be
construed to impose any such obligation on the City.
SECTION 9: NOTICES
All notices herein required shall be in writing, and delivered by person or send by
registered mail, postage pre-paid.
Notices required to be given to the City shall be addressed as follows:
NPDES Coordinator
Public Works Department
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City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to Property Owner or Property Manager shall be addresses
as follows:
Company Name:
Attention:
Street Address:
City:
State:
Zip Code:
Phone Number:
Any party may change such address by notice in writing to the other party and thereafter
notices shall be addressed and transmitted to the new address.
SECTION 10: REIMBURSEMENT OF CITY EXPENDITURES
In the event the City, pursuant to this Agreement, performs work of any nature (direct or
indirect), including any re~inspections or any actions it deems necessary or appropriate to return
the treatment measure(s) in good working order as indicated in Section 8, or expends any funds
in the performance of said work for labor, use of equipment, supplies, materials, and the like, the
Property Owner shall reimburse the City of Dublin upon demand within thirty (30) days of receipt
thereof for the costs incurred by the City hereunder, including reasonable mark-ups for overhead and
expenses. If these costs are not paid within the prescribed time period, the City may assess the
Property Owner the cost of the work, both direct and indirect, and applicable penalties. Said
assessment shall be a lien against the Property, or prorated against the beneficial users of the
Property or may be placed on the property tax bill and collected as ordinary taxes by the City. The
actions described in this section are in addition to and not in lieu of any and all legal remedies as
provided by law, available to the City as a result of the Property Owner's failure to maintain the
treatment measure(s).
SECTION 11 : INDEMNIFICATION
The Property Owner shall indemnify, hold hamùess and defend the City and its authorized
agents, officers, officials and employees ftom and against any and all claims, demands, suits,
damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney
fees claimed or which might arise or be asserted against the City that are alleged or proven to result or
arise ftom the construction, presence, existence or maintenance of the treatment measure(s) by the
Property Owner or the City. In the event a claim is asserted against the City, its authorized agents,
officers, officials or employees, the City shall promptly notify the Property Owner and the Property
Owner shall defend at its own expense any suit based on such claim. If any judgment or claims
against the City, its authorized agents, officers, officials or employees shall be allowed, the Property
Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any
claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and
payments, including attorney fees claimed which arise due solely to the negligence or willful
misconduct of the City.
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SECTION 12: NO ADDITIONAL LIABILITY
It is the intent of this agreement to insure the proper maintenance of the treatment
measure(s) by the Property Owner; provided, however, that this Agreement shall not be deemed to
create or effect any additional liability not otherwise provided by law of any party for damage
alleged to result from or caused by stonn water runoff.
SECTION 13: TRANSFER OF PROPERTY
This Agreement shall run with the title to the land. The Property Owner further agrees
whenever the Property is held, sold, conveyed or otherwise transferred, it shall be subject to this
Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of
the Property.
SECTION 14: SEVERABILITY
The provisions of this Agreement shall be severable and if any phrase, clause, section,
subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional
by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid,
this shall not affect or invalidate the remainder of any phrase, clause, section, subsection,
paragraph, subdivision, sentence or provision of this Agreement.
SECTION 15: RECORDATION
This Agreement shall be recorded by the Property Owner, or by the City by mutual
agreement, within [insert number of days]_days after the execution date of this Agreement as
stated above among the deed records of the County Recorder's Office of the County of Alameda,
California at the Property Owner's expense.
SECTION 16: RELEASE OF AGREEMENT
In the event that the City detennines that the stonnwater treatment measures located on the
Property are no longer required, then the City, at the request of the Property Owner shall execute a
release of this Agreement, which the Property Owner, or the City by mutual agreement, shall
record in the County Recorder's Office at the Property Owner's expense. The stonnwater treatment
measure( s) shall not be removed from the Property unless such a release is so executed and
recorded.
SECTION 17: EFFECTIVE DATE AND MODIFICATION
This Agreement is effective upon the date of execution as stated at the beginning of this
Agreement. This Agreement shall not be modified except by written instrument executed by the City
and the Property -Owner at the time of modification. Such modifications shall be effective upon the
date of execution and shall be recorded.
Signature for the City
Date
Type or print name and title
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Property Owner Signature
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Date
Type or print Property Owner name and address
(Attach Notary Acknowledgment)
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