HomeMy WebLinkAboutItem 4.04 AlaCoCleanWaterPgmCITY CLERK FILE # 600-40
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 21 , 2000
SUB3ECT:
Amendment to Agreement for Implementation of Alameda
Countywide Clean Water Program
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
RECOMMENDATION:
1)
2)
Resolution Approving Amendment to Agreement (with
Amendment as Exhibit A)
Agreement, with Amended Language Highlighted
Adopt resolution approving amendment
FINANCIAL STATEMENT:
Dublin' s share of the cost of the program is not proposed to change.
$46,410 has been budgeted in the Engineering Operating Budget to
cover the 2000-2001 program costs.
DESCRIPTION: The Alameda Countywide Clean Water Program was established in
1991. The program members include Alameda County, the Alameda County Flood Control and Water
Conservation District, Zone 7 of the District, and the 14 cities in Alameda County. The Clean Water
Program was established to comply with federal and state statutes requiring public agencies to control the
discharge of pollutants from their municipal storm drain systems. The program includes mandated permit
coverage under the National Pollution Discharge Elimination System (NPDES). The first NPDES permit
was issued to the County and cities in 1991 and was re-issued in 1997.
The agreement that was adopted in 1991 was first amended in 1998 in order to make minor improvements
to the cost allocation formula. The general Countywide program's budget has remained a constant $2.1
million per year.since 1996-97, and the local programs' budgets have been reviewed and set annually by
the individual agencies.
The purpose of the proposed second amendment is to extend the agreement for an additional six-year
period, with a further automatic renewal for another five years if the participating members have no
objections. The proposed amendment also allows member agencies to collectively re-apply for their
NPDES permit coverage and decreases the frequency of periodic reporting. There are no other proposed
changes.
Each individual agency has the option of applying for and obtaining its own NPDES permit; however, the
cost of the individual permit would likely be higher than the cost of participating in the areawide permit.
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COPIES TO:
Alameda County Clean Water Program
ITEM NO. q- q
The cost of an individual agency permit would be $10,000, which is the same as the shared cost of the
areawide permit. In addition, the agreement provides for sharing the costs of public education, special
watershed monitoring studies, and evaluation of the effectiveness of Best Management Practices. It is
also possible that the Regional Water Quality Control Board would set more stringent requirements for an
individual permit than for the areawide permit.
Staff recommends that the City Council adopt the resolution approving the amendment to the agreement.
Page 2
RESOLUTION NO. - O0
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO AGREEMENT
FOR IMPLEMENTATION OF
ALAMEDA COUNTY CLEAN WATER PROGRAM
WHEREAS, the agreement for implementation of the Alameda Countywide Clean Water Program
was approved in 1991 and amended in 1998; and
WHEREAS, the term of agreement is proposed to be extended, the National Pollution Discharge
Elimination System permit is proposed to be re-applied for, and the frequency of reporting is proposed to
be reduced, all as shown in the amendment, Exhibit A attached hereto;
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council hereby approves the
amendment to the Agreement.
PASSED, APPROVED AND ADOPTED this 21 st day of November, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
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I
EXHIBIT A
SECOND AMENDMENT OF AGREEMENT
TO IMPLEMENT THE
ALAMEDA COUNTYWIDE CLEAN WATER PROGRAM
RECITALS
A,
The Agreement to "Implement the Alameda County Urban Runoff Clean Water
Program~'' 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..."
The following modifications to the Agreement have been identified and approved by the
Program's Management Committee as necessary to extend the term of the Agreement and
to facilitate reapplication by the District for reissuance of a National Pollutant Discharge
Elimination System (NPDES) permit.
NOW, THEREFORE, THE PARTIES AGREE TO THE FOLLOWING MODIFICATIONS
The wording under 6. of the original agreement (page 8) is modified as follows: "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. This Agreement shall have
an additional 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 objection thereto
made in w~tin~ by any Party 180 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."
The wording under 2.(a) of the original agreement (page 5) is modified as follows:
"Reapplying on behalf of the PARTIES to become co-applicants for a National Pollutant
Discharge Elimination System (NPDES) permit."
The wording under 2 (b) of the original agreement (page 5) is modified as follows:
"Preparing draft annual budget and, periodic status reports on Program activities and
expenditure and distributing same to PARTIES at least quarte~y annually."
4. The wording under 3 (a) of the original agreement (page 6) is modified as follows:
"reapply for an NPDES permit as co-applicants with the other Parties."
5. All other terms not specifically amended herein remain unchanged.
~ The First Amendment to Agreement to Implement the Alameda COuntywide Clean Water Program, effective
February, 1998, formally changed the Program's name from the Alameda County Urban Runoff Clean Water
Program to the Alameda Countywide Clean Water Program.
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Second Amendment of Agreement
To Implement the Alameda Countywide Clean Water Program
Page 2
IN WITNESS WHEREOF the parties hereto have executed this document, the Second Amendment of
Agreement to Implement the Alameda Countywide Clean Water Program as of the day and year written
below.
ALAMEDA COUNTYWIDE CLEAN WATER
PROGRAM
Representative
CITY OF DUBLIN
ATTEST:
Mayor
City Clerk
APPROVED AS TO FORM:
City Attomey
AGREEMENT
TO IMPLEMENT THE ALAMEDA COUNTY
URBAN RUNOFF CLEAN WATER PROGRAM
(showing the Second Amendment's proposed changes)
Ai ACHMENT._ --
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.
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 Califon~ia;
CITY
CITY
CITY
CITY
CITY
CITY
CITY
CITY
CITY
CITY
CITY
OF ALBANY, a municipal corporation of the State of California;
OF BERKELEY, a municipal corporation of the State of California;
OF DUBLIN, a municipal corporation of the State of Califomia;
OF EMERYVILLE, a municipal corporation of the State of California;
OF FREMONT, a municipal corporation of the State of California;
OF HAYWARD, a municipal corporation of the State of California;
OF LIVERMORE, a municipal corporation of the State of California;
OF NEWARK, a municipal corporation of the State of California;
OF OAKLAND, a municipal corporation of the State of Califomia;
OF PIEDMONT, a municipal corporation of the State Of Califomia;
OF PLEASANTON, a municipal corporation of the State of California;
(c, d~t~
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 rimoff.
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 ofpollutants. 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 November 10, 1987 "Agreement Regarding
Source of Water Pollution" and the
Implementation of Nonpoint Source
there is a pending agreement titled
The previous Agreements that have been executed are the following:
Evaluation of the Non-Point
October 17, 1989 "Agreement Regarding
Control Evaluation Program". In addition
"Agreement Regarding Development of a
Proposed Alameda Cotmty 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 Califomia 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 confmning 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) Re,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 distributing same to PARTIES at least
quarterly annually;
(c) Consolidating and submitting reports prepared by the several
PARTIES required by the NPDES permit;
(d) Letting and administering approved consultant contracts according to
District policies and procedures and considering other members'
requirements. All consultant contracts will contain hold harmless 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 knowledge of and advising the PARTIES regarding
current and proposed state and federal policies, regulations and
(g)
(h)
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;
Preparing an annual report on the implementation of the Program;
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.
,
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 permit conditions applicable
to its Individual Program and its identified 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 ~mding to support new and expanded activities
required 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 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 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 (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. This Agreement shall have an additional term of six (6)years from the first day
of April 2002, subiect to an additional automatic renewal ~br a five (5) year period in
the absence of objection thereto made in writin~ by any Party 180 days in advance of
~he .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 (0r 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 conditions 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. 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 Cindemnitor") shall, to the extent permitted by law, defend, indemnify
and save harmless each other Party, an.d its officers and employees from all claims,
suits or actions of every name, kind and description restfiring 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
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 100.00 100.00
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EXHIBIT B
FORMULAS FOR CALCULATING PERCENTAGE COST AND VOTING SHARES TO SUPPORT GENERAL PROGRAM
Each Municipality 'S Percentage Cost Share =
O. 5 (Area within Municipality)
_(Total Area of All Municipalities)
O. 5 (Population within Municipality)
(Total Population of All Municipalities)
xlO0
If based on this calculation the share would be < 1.00, assign a value of 1.00% to the municipality and recalculate the other
municipalities allocation based on the remaining unallocated percentage.
For Alameda County the population of the entire unincorporated portion of the county is used, but the area of the county used in the
formula is 50.2 square miles.
The cost allocation percentage equals the voting share for each agency except as follows:
Alameda County's Voting Share = Calculated Cost Share- 1.00%
District's Voting Share = 1.00%
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