HomeMy WebLinkAboutItem 4.11 Clean Water Program
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 7,2004
CITY CLERK
File # O[Ø]Ø][{l]-RZ1[{2]
/030 -;(0
SUBJECT:
Revised Memorandum of Agreement (Agreement) with the
Alameda Countywide Clean Water Program (Program)
Report Prepared by: Melissa A. Morton, Public Works Director
ATTACHMENTS:
1)
2)
Resolution to Adopt the Revised Memorandum of
Agreement, together with Exhibit "A", Agreement
Current and Proposed Allocation of Voting Shares and
General Program Costs Among Parties
RECOMMENDATION 11 JÝ Adopt Resolution Approving the Revised Memorandum of
(\ UV' Agreement with the Alameda Countywide Clean Water Program
FINANCIAL STATEMENT:
The Program is currently being funded from the City's General
Fund. Under this Agreement, the overall cost allocation would be
reduced slightly from 2.35% to 2.18% of the total cost for the
Program.
DESCRIPTION: The Agreement to implement the Alameda County Urban Runoff
Clean Water Program was adopted in 1991 by Alameda Cou;nty, its 14 cities, the Alameda County Flood
Control and Water Conservation District (District), and Zone 7 of the District.
This Agreement created the Program as a method for the parties to the Agreement to apply for a federally
mandated National Pollutant Discharge Elimination System (NPDES) permit and to work collaboratively
to implement a number of the permit's requirements that could be completed more cost effectively as part
of a greater group program. The current version of the NPDES permit was reissued in February 2003.
The Agreement was amended in 1998 and 2001. The 1998 Amendment (First) established a minimum
cost and voting share of 1 % for the 3 smallest cities, and some other minor adjustments were made in how
costs and voting shares were calculated. The 2001 Amendment (Second) to the Agreement extended the
Agreement's expiration date until 2008, with an additional automatic renewal until 2013 unless an
objection was voiced by a member agency.
This revised Agreement is a new stand-alone document that incorporates changes and replaces the
previous Agreement. The proposed revisions, which will improve equity among the member agencies
and improve the flexibility and clarity of the Agreement, are described as follows:
_ _ _ _ . ~ M W . . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ - . - - - - - - - - - - - - - ~ ~ - - - - - - - - - - - - - ~ .
G:NPDES\agst revised agreement 090704
COPIES TO: Alameda County Clean Water program~1 . ,
I ~ 1- ITEM NO. ~
1) Improve equity. The revised Agreement will make some minor changes in allocation of the
Program's cost and voting shares for the District and Zone 7. Zone 7' s contribution would
proportionally reduce the cost allocation for those municipalities located within Zone 7 (Dublin,
Livermore, Pleasanton).
The City of Dublin's cost allocation would be reduced from 2.35% to 2.18%. Currently, the
City's share is $49,350, but under the revised Agreement it will be reduced by approximately
$3,570 to $45,780 (see Attachment 2 for current and proposed cost and voting share allocation
percentages). The voting share allocations are the same as the cost share allocations.
2) Improve efficiency and flexibility of the ACCWP's operations by allowing parties to the
Agreement under certain circumstances to let and administer consultant contracts.
This objective will be achieved by giving all parties the right to let and administer consultant
contracts, under limited circumstances, and upon Management Committee approval. The current
Agreement allows only the District to do this.
The increased flexibility has the potential to positively impact the City of Dublin in the future if
the City takes lead roles in Program Projects and needs to utilize a consultant.
3) Improve the clarity of the Agreement by updating references, adding clarification and making
minor changes to reflect the latest NPDES permit conditions.
Staff recommends that the City Council adopt the resolution approving the revised Agreement with the
Alameda Countywide Clean Water Program.
Page 2 d'b 2,...
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RESOLUTION NO. ~ 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 and flexibility 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:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
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ATTACHMENT ·
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AGREEMENT
TO IMPLEMENT THE ALAMEDA COUNTYWIDE
CLEAN WATER PROGRAM
1
EXHIBIT .1'~
-t-o dte ;fe~(:)It.ΒO n
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 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 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 ofthe State of California.
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RECITALS
A. The Water Quality Control Plan for the San Francisco Bay Basin
(Basin Plan), and the NPDES Permit 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 of pollutants 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 known as the Alameda Countywide Clean
Water Program (hereinafter "Program"). The Program 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 termed 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'
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elements, major tasks, schedules, and budgets have been developed as part of the
Stormwater Quality Management Plan, and the Annual Reports and W orkplans.
C. The previous Agreements that have been executed are the following:
The November 10,1987 "Agreement Regarding Evaluation ofthe Non-Point
Source of Water Pollution;" the October 17, 1989 "Agreement Regarding
Implementation of Non point Source Control Evaluation Program;" 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 1991
"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 ofthe 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
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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 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 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 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
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2. Pursuant to direction of the Management Committee, the District shall
administer and coordinate the Program [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
PARTIES at least 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. In 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
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 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;
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(g) Preparing an annual report on the implementation of the
Program;
(h) Representing the PARTIES in participation in the Bay Area
Stormwater Management Agencies Associati,on; and
(i) Formally advising the appropriate State and Federal agencies
of termination or amendment ofthis 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 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 funding 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 ofthe
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
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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 ofthe 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) except as
follows: The District is assigned a 1 percent cost and voting share; Zone 7 ofthe
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 formula 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
responsible parties.
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 objection 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 terminated
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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 ofthe 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 induding but not limited to filing for and obtaining
the individual NPDES permit and the amendment ofthe 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 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
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resulting from the negligence or willful misconduct of the other Parties or their
officers or employees.
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NEW ALLOCATION OF VOTING SHARES. AND. GENERAL PROGRAM COSTS 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 100.00 . 100.00
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COMPARISON OF CURRENT AND PROPOSED COST AND
VOTING SHARE ALLOCATION PERCENTAGE
AGENCY CURRENT PROPOSED
ALLOCATIONS ALLOCATIONS
Alameda 3.99 3.99
Alameda County 12.12 11.96
Albany 1.00 1.00
Berkeley 5.12 5.12
Dublin 2.35 2.18
Emeryville 1.00 1.00
Fremont 16.18 15.96
Hayward 11.20 11.05
Livermore 5.86 5.43
Newark 2.75 2.72
Oakland 22.06 21.76
Piedmont 1.00 1.00
Pleasanton 5.42 5.02
San Leandro 4.96 4.89
Union City 4.99 4.92
District 0 1.00
Zone 7 0 1.00
Total 100.00 100.00
ATTACHMENT
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