HomeMy WebLinkAbout4.06 CleanWaterProg
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CITY CL~K
File # D~[Q][(]-~IDJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 20,1998
SUBJECT:
Amendment to the Inter-Agency Agreement to Implement
the Alameda County-Wide Clean Water Program
Report prepared by: Lee S. Thompson, Public Works Director
EXHIBITS ATTACHED:
1. Resolution
2. First Amendment to implement the Alameda Countywide Clean
Water Program, with Exhibit A: Allocation of Voting Shares
and General Program Costs Among Parties
3. Original Agreement
RECOMMENDATION: Adopt Resolution Approving an Amendment to Inter-Agency
/) /I J1/ Agreement to Implement the Alameda Countywide Clean Water
"\//lft r Program.
FINANCIAL STATEMENT:
The result of proposed modifications would be a decrease in the
General Program cost share for most cities including Dublin, being
offset by an increase in Alameda County's share. Dublin's share
would decrease from 2.34 percent to 2.21 percent of the total
County-Wide Program cost for a savings of $2,500 to $3,000 per
year.
DESCRIPTION:
History
The Federal Clean Water Act includes the 1987 amendment requiring stormwater discharges for municipal
storm water to be regulated under a National Pollutant Discharge Elimination System (NPDES) permit.
The local Water Quality Control Plan, administered by the San Francisco Bay Regional Water Quality
Control Board, requires that the NPDES permit be obtained for stormwater discharge from all cities in
Alameda County, including Dublin.
The most cost effective way for the fourteen cities in Alameda County, Alameda County, the Alameda
County Flood Control and Water Conservation District, and Zone 7 of the District to meet this
requirement was and is to work together to secure and comply with a master NPDES permit, with all
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COPIES TO:
4.6
ITEM NO.
g:npdeslamend.doc
of the agencies listed as co-permittees. In order to apply for the permit and to comply with permit _
conditions, all of the agencies entered into an Inter-Agency Agreement to Implement the Alameda Coun~
Urban Runoff Clean Water Program in 1991. The first five-year permit was issued in 1991 and was
renewed in 1996.
On May 26, 1991, the City Council adopted Resolution Number 46-91, to execute ajoint agreement with
Alameda County, the Alameda County Flood Control and Water Conservation District (ACFCD), Zone 7
of the ACFCD, and thirteen other cities within Alameda County to create the Alameda County Urban
Runoff Clean Water Program. On April 1, 1997, the agreement was automatically renewed for another
five years, as provided in paragraph six of the original agreement.
The Management Committee of the Alameda Countywide Clean Water Program has since developed
several minor changes to the agreement, which are described below. Amendments require approval from
the governing bodies of at least two-thirds of the participating agencies to become effective.
Proposed Amendments
The primary purpose of the proposed amendments is to modify the funding allocation among the seventeen
- participants in the Alameda Countywide Clean Water Program. The original agreement provides formulas
by which percentages of cost allocation (and voting shares) have been calculated. Two substantive
changes are proposed to make the Program shares more equitable.
First, the amended agreement would require that the unincorporated Alameda County Program share be .
based on the size of the area in the County's Castro Valley, San Lorenzo, and unincorporated Hayward
areas, where most of the population is located, and on the population within the entire unincorporated
area. Thus, the County's share of the Program would be based essentially on the same criteria as the
other agencies. The original agreement based the County's Program share solely on population, whereas
population and size were considered in allocating Program share cost for cities. The proposed
modification provides for a uniform, consistent approach to assigning general Program costs and will
increase Alameda County's cost share.
Second, the proposed amendment requires the three smallest cities in Alameda County (Albany,
Emeryville, and Piedmont) to pay one percent of the total Program costs. In the past, due to the small
population and area of these cities, they have paid less than one percent. Management Committee review
indicated that the actual costs of providing these cities with general Program services were higher than
money received, so an amendment has been proposed to state that each municipality would be allocated a
cost share (and corresponding voting share) of at least one percent.
The proposed amended agreement also includes the following minor modifications:
a) Change in the Program name from the Alameda County Urban Runoff Clean Water Program to
the Alameda Countywide Clean Water Program;
b) Allocation of one percent of the County's voting share to the Alameda County Flood Control and .
Water Conservation District (as requested by Alameda County);
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Clarification that the Program cost share allocations and voting shares are identical (except for the
County and Flood Control District as described above).
Cost
The result of these two proposed modifications would be a decrease in the Program cost share for most
cities, including Dublin. It will reduce the City's cost share contribution from 2.34% to 2.21 %. Dublin's
cost share contribution to the $2.1 million Countywide Program for Fiscal Year 1996-97 was $77,000.
The change in the allocation formula will mean a savings of approximately $2,500 to $3,000 to the City for
Fiscal Year 1997-98.
Schedule
The Management Committee of the Alameda Countywide Clean Water Program has recommended that the
proposed amendment be approved by each participating agency. The changes in cost allocation will be
retroactive to July 1, 1997, and the other changes will become effective immediately upon adoption.
Staff recommends that the City Council adopt the resolution approving the amendment.
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RESOLUTION NO. - 98
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AN AMENDMENT TO INTER-AGENCY AGREEMENT TO
IMPLEMENT THE ALAMEDA COUNTYWIDE CLEAN 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 ident:ifY pollutant control measures, and to implement a program of pollutant control; and
WHEREAS, the City Council, on May 26, 1991, entered into an agreement with the County of Alameda
to implement the Alameda Countywide Clean Water Program; and
WHEREAS, the original agreement was automatically renewed April 1, 1997; and
WHEREAS, all the co-permittees, including the City of Dublin, pay an annual fee to Alameda County to
administer and coordinate the Program; and
WHEREAS, it is proposed to modify the portions of the agreement which deal primarily with the cost
sharing and voting of the General Program; and
WHEREAS, the City of Dublin's share toward the Program would decrease from 2.3 percent to 2.21
percent of the total Countywide Clean Water Program cost. This is due to recalculating and modifying the
funding allocation among the seventeen participants in the Alameda Countywide Clean Water Progr~ and
WHEREAS, these modifications require formal action by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the Amendment to Inter-Agency Agreement to Implement the Alameda Countywide Clean Water
Program.
PASSED, APPROVED AND ADOPTED this 20th day of January, 1998.
AYES:
NOES:
ABSENT:
ABSTAIN:
. ATTEST:
Mayor
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City Clerk
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FIRST AMENDMENT TO AGREEMENT TO IMPLEMENT THE
ALAMEDA COUNTYWIDE CLEAN WATER PROGRAM
RECITALS
A. The Agreement to "Implement the Alameda County Urban Runoff Clean Water
Programln adopted in 1991 provides that the "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..."
B. The following modifications to the agreement have been identified and approved by
the Program's Management Committee as necessary to incorporate a fairer method
of allocating voting and cost shares among the PARTIES and to incorporate several
other minor changes.
NOW, THEREFORE, THE PARTIES AGREE TO THE FOLLOWING MODIFICATIONS
1. Exhibit A, which assigns voting and cost shares, is modified as. shown in the new
attached Exhibit A. Exhibit A will continue to be recalculated in the future based on
updated information about population and area as. described in the Agreement.
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2. Exhibit B "FORMULAS FOR CALCULATING PERCENTAGE CONTRIBUTIONS TO
SUPPORT THE GENERAL PROGRAM" is modified to clarify that these formulas also
include voting shares. The biggest changes are: "
a. to include an area factor for the Alameda County unincorporated area similar
/" to the municipalities;
b. to assign a minimum cost and voting share of at least 1 % to each
municipality; and
c. to provide the District a voting share of 1 % by reducing Alameda County's
voting share by 1 %.
3., The wording under 5. of the original agreement (page 7) is modified as follows:
"By agreement of the PARTIES, budget allocations and voting shares for the
General Program shall be made according to a formula which for the municipalities
allocates proportional shares based on a 50 percent weight given to the area and a
50 percent weight given to the population within each municipalities' jurisdiction
, The Management Committee informally changed the Program's name from the Alameda
County Urban Runoff Clean Water Program to the Alameda Countywide Clean Water Program .
in December 1 994.
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(excluding open water and wetland areas of San- Francisco Bay). For purposes of
this calculation the area of Alameda County unincorporated will be considered to
consist of the 50.2 square mile area within the District's Zone 2, Castro Valley.
4. The Program is renamed the Alameda Countywide Clean Water Program'.
5. Changes to Exhibits A and B and No.3 above will become effective starting July 1,
1997 so that costs are allocated based on one amount for the fiscal year, and the
o~her changes listed will become effective immediately upon adoption of this
amendment.
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EXHIBIT A
AllOCATION OF VOTING SHARES AND
GENERAL PROGRAM COSTS AMONG PARTIES
AGENCY GENERAL PROGRAM MANAGEMENT ~
COST SHARE COMMITTEE VOTING
PERCENTAGE SHARE
Alameda 4.53 4.53
Alameda County 12.39 11.39
Albany 1.00 , 1.00
Berkeley 5.645 5.645
Dublin 2.21 2.21
Emeryville 1.00 1.00
Fremont 16.27 16.27
Hayward 10.95 10.95
Livermore 5.285 5.285
Newark 2.81 2.81
Oakland 23.10 23.10
Piedmont 1.00 1.00
Pleasanton 4.275 4.275
San Leandro 4.655 4.655
Union City 4.88 4.88
District 0.00 1.00
Zone 7 0.00 0.00
Total 100.00 1 00.00
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AGREEMENT
TO IMPLEMENT THE ALAMEDA COUNTY
URBAN RUNOFF CLEAN WATER PROCRAM
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1.
AGREEMENT
PROVIDING FOR IMPLEMENTATION OF THE
ALAMEDA COUNTY URBAN RUNOFF CLEAN WATER PROGRAM
THIS AGREEMENT is made and entered into this' ~~ da.y of v..':..~
1991 by and between the fallowing 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 corpo~ation 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 Ca~ifornia:
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 Cal ifornia;
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CITY OF PLEASANTON,
California;
CITY OF SAN LEANDRO, a municipal corporation of the State of
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 po~lutants
from urban runoff.
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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 identif ied pollutants and
develop control measures to mitigate or reduce nonpoint sources of
pollutants. Collectively, the measures un~ertaken pursuant to the
previous agreements and anticipated to contiJ:l.ue pursuant to this
Agreement, are known as the Alameda County Urban ,Runoff Clean Water
Program (hereinafter "Program"). The Program c'ontains 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
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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
pr~grams". A description-of the Genera1 and Individual Programs'
elements, m_ajor t~sks,schedules, and budgets will be developed as
part of the "Work plan for cities in ~lameda 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 1.7, 1.989
"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 1.991 for implementation of the August 24, 1990 work plan.
D. The PARTIES desire to continue the Program a!ld to enter into
this Agreement for the purpose of ensuring continued participation,
in terms of cost and administrative responsibilities.
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Eo 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.
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4.
F.
The Alameda County Flood Control and' Water Conservation
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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
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di~charge of surface waters from their respective jurisdictions.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. A Management Commi~tee 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.
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(c) Approval of actions by the Management Committee shall
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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
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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 th~ 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-
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buting same to ?ARTIES at least quarterly;
(c) consolidating and submitting reports prepared by the
several PARTIES required by the NPOES-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;
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(f) Maintaining knowledge of and advising the PARTIES.
regarding curr~nt 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 iocal~ State and Federal agenciesj
- to ~.
(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:
Ca) 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 Indlvidual Program and its identi-
f ied 'portion of the General Program';
(e) Each will select a representative and an alternate to
participate in Management Committee meetings and other
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required meetings of the PARTIES:
Cd) 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
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7.
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 ana program
implementation.
4. A proper accounting of funds and reports of all receipts and
disbursements shall be made, including funds ~isbursed 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
we.-ight 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 th~ General Program's costs for fiscal year
1991/92 will be according to the percentages provided in Exhibit A.
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B.
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 ren'ewal for ~ 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 bodi~s representing two-thirds or
more of all allocated votes as shown in Exhibit A.
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9. Participation in this Agreement may be terminated by any
Party for any reason after the Party complies with all of the condi- .
tians of termination.
The conditions of termination include the
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follow~ng: 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 NPOES 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 I NPDES permit. Any
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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 I NPDES permit will be solely the
responsioility of the Party terminating its participation in the
Agreement.
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EXHIBIT A
ALAMEDA COUNTY URBAN RUNOFF CLEAN WATER PROGRAM
~AGEMENT COMMITTEE
.
Alameda
.
Alameda County
.
Alameda. County Flood Control
and Water Conservation District
.
Zone 7 of Alameda County Flood Control
and Water Conservation District
.
Albany
Berkeley
Dublin
.
.
.
Emeryville
.
Fremont
.
Hayward
.
Livermore
.
N~wark
.
Oakland
.
Piedmont
.
Pleasanton
.
San Leandro
Union City
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Voting'and General
. Program Cost
Share Percentaqes
Total
4.96
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COunty Counsel
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COunty Flo::d Control and Water
COnservation D.i.stJ::i..ct
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.AIAMEDA a:xJN1'Y F.UXD cnma,
.AND wm-:R D::NSERVATICN
DIS'mICl', a local p,hlic
agency of the State of
cali:fam1A
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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 ry~AY 1 d 1991 1 and that a copy has been delivered
to the President as provided by Government Code section 25103.
Dated: (r:AY 1 4: ,qq,
\
WILLIAM HEHRWEIN, Clerk, Board of Supervisors
and water
of caJ.1fornia
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APPROVED AS TO FORM:
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