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HomeMy WebLinkAboutRESOLUTIONS - 01011992 - 1992-455 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on JW , 1992 by the following vote: AYES: Supervisors Powers, Schroder and' Torlakson NOES Nome ABSENT: Supervisors Fanden and McPeak ABSTAIN: None RESOLUTION NO. 92/455 SUBJECT: RESOLUTION APPROVING PARTICIPATION IN PREPARATION OF A JOINT AREAWIDE MUNICIPAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT APPLICATION FOR CONTRA COSTA COUNTY WHEREAS on November 16, 1990, the Federal Environmental Protection Agency adopted NPDES Permit Application regulations for storm water discharges as required by the Federal Mean Nater Act; and WHEREAS said regulations require the submittal of permit applications and the implementation of programs to minimize or eliminate pollutantsfrom entering stormwaters; and WHEREAS the State of California's San Francisco Regional Water Quality Control Board has mandated that Contra Costa County, its eighteen (18) incorporated cities and the Contra Costa County Flood Control and Water Conservation District be covered by one areawide municipal permit; and WHEREAS all twenty municipalities have participated in the Part I application activities and submitted this document to the San Francisco Bay and Central Valley Regional Water Quality Control Boards on May 18, 1992; and WHEREAS the Part II application'shall be submitted by May 17, 1993 to the San Francisco Bay and Central Vary Regional Water Quality Control Boards; and, WHEREAS a joint effort between the Cities,' County, and Flood Control' District in a joint areawide municipal NPDES application will minimize the cost of the program to all parties; and WHEREAS it is the intent of the joint effort between the Cities, County, and Flood Control district not to dictate land use and zoning, and WHEREAS the success of the application process is dependent upon the cooperation of each participating entity; NOW,THEREFORE BE IT RESOLVED, COSTA COUNTY shall participate in the preparation of a Areawide;Joint Municipal NPDES permit agreeing to share in the group costs, provide appropriate staff support and provide detailed'information necessary to develop the permit,as described in Exhibits A, B C, D and E. BE IT FURTHER RESOLVED THAT Joseph P. Murphy, Assistant Public Works director-Flood Control District, Public Works Department and James Cutler, Chief Environmental Assessment, Community Development Department are designated as the COUNTY'S representatives to the NPDES Technical Coordination Committee, as described in Exhibit D. RESOLUTION NO. 9 2/4 5'5 NPDES Permit Application Page Two BE IT FURTHER RESOLVED that the Chairperson of the Board of Supervisors is authorized to execute the Cast Payment Agreement on behalf,of County and District committing Contra Costa County to a maximum contribution of$172,574. (Exhibit F). I hereby Certify that this Is a true and COrrW COPY of an action taken and entered on the minutes of the board 0 SUPWA"on the date shown. DPF:sj ATMrm: : ....CM, /9�.,...r c:NPDMNPDESRes.t11 PHIL SATOAgLOA,Clark of the Board of Supervisors and County AGminlstratar Exhibit A: Bud for Part N NPDES Group Expenditures By --° �— R^11114v (July 1,91992 to June30, 1993) Exhibit S: BO*for Par N NPDES Group Revenues (July 1,;1992 to June 30, 1993) Exhibit C: Tasks to be performed by Cities, County and District at their sole cost for Part Il NPDES Joint Municipal Areawk a Permit Activities Exhibit Dy City i County ♦ District Part 11 NPDES' Joint Municipal Areawide;, Permit organization and participation retit*ernefds Exhibit E: Part N NPDES Joint Municipal Aremide Permit Application Schedule Exhibit F:- Part N NPDES Joint Municipal Areawide Permit Cost Payment'Agreement RESO1.LMON NO. 9 214 5 5 EXHIBIT "A" STORMWATER POLLUTION CONTROL:PROGRAM PART II GROUP EXPENDITURES 1992-93 .FISCAL YEAR BUDGET ADMINISTRATIVE: Program Manager $ 59,520 Benefits (29%) $ 17,261 Planner (Temporary/no benefits) $ 32,232 Administrative Support (71%) $ 77,399 (telephones, accounting services, furniture, lighting, etc.) Travel & Training 3,000 TOTAL $189,412 Contra Costa County Flood Control and Water Conservation District Financial Contribution* ($168,000) TOTALADMINISTRATIVE COSTS $22,440 TECHNICAL: NPDES'PART II APPLICATION WOODWARD-CLYDE CONSULTANT $434,000 CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT - $170,000' A. Demonstrate appropriate legal authorities for enforcement activities B. Characterize discharges from municipal system (combine wet and dry weather sampling) C. Propose management program to control the discharge of pollutants' to "the maximum' extent practicable" D. Provide a financial analysis estimating the cost for implementing the management program' E. Identify the roles and responsibilities of co applicants GENERAL SUPPORT SERVICES (e.g., studies - - $ 20,000. BA.SMAA, AHI, BAY BASIN,etc.) FEES (NPDES Permit, Bay Protection, etc.) $ 50,000** TOTAL TECHNICAL COSTS' $ 674,000 PUBLIC EDUCATION AND OUTREACH. Consultant(s) Program Development - $ 35,000 Educational Materials & Supplies $ 15,000 Industrial Outreach Program $ 25,000 TOTAL PUBLIC EDUCATION AND OUTREACH COSTS - $ 75,000 GENERAL SERVICES AND SUPPLIES Document Reproductions $ 151000 Office Supplies - $ 5,000'_ Postage $ 5,000 TOTAL GENERALSERVICES AND SUPPLIES - $ 25,000 CONTINGENCY (15%)*** - $120000 $ 120,004 SUB-TOTAL _ $ 916,000 FLOOD CONTROL DISTRICT CONTRIBUTION $ 168,004' TOTAL PRgffCTED BUDGET - $1,084,000 Contra Costa County Flood Control and Water Conservation District acknowledges it will be a co- applicant in the area.-wide NPDES Permit. Therefore,it agreed to financially assist the initiation and development of the Storwater Pollution Control Program through Parts I and II of the application process by financing staff casts instead of a pro-rata share based on population. A determination will need to be trade at the end of Part II indicating how the Flood Control District will participate financially with the ongoing program. ** Assumes only one fee shall be charged for Part II Application submittals to the San Francisco Bay' and the Central Valley Regional Water Quality Control Boards. •'• No fonds have been included for the establishment of a Stormwater Utility Benefit Assessment Fee. Each participating municipality shall bear the cost of establishing such fees. I?PFsj a:92-93budget 44)%192 EXHIBIT "Bii STORMWATER POLLUTION,CONTROL PROGRAM PART II GROUP REVENUES 1992-93 FISCAL YEAR BUDGET 77-77, NP23A ' SEI PIO 'CSD COS 'S 0, MMATED Antioch 7.72% $ 70,715 Brentwood 0.94% $ 8,610 Clayton 0.92% $ 8,427 Concord 13.84% $ 126,774 County(unincorporated) 18.84% $ 172,574 Contra Costa County 0.00%(2) $ 168,004 Flood Control District Danville 3.90% $ 35,724 El Cerrito 2.84% $ 25,014 Hercules 2.08% $ 19,053 Lafayette 2.94% $ 25,930 Martinez 3.96% $ 36,274 Moraga 1.98% $ 18,137 Orinda 2.06% $ 18,870 Pinole, 2.18%p $ 19,959 Pittsburg 5.92% $ 54,227 Pleasant Hill 3.92% $ 35,907 Richmond 10.90% $ 99,844 San Pablo 3.14% $ 28,762 San Ramon 438% $ 40,121 Walnut Creek 7.54% $ 69,055 TOTAL 100.00% $11084,004 (1), The allocation of Group Costs to the various entities is based on the 1990 census for each entity. (2) Prorata share not based on population, but as a direct"financial contribution, DPFsj a:92 93budget 04/09/92" Rev.05/08/92 OQ W0gF ' b acaas 06 +Agri.octoa OQ too* S � �y {�,• Ch �i � 4 � p {gyp rye � Cb +.t Q• .M+ ' A #' S. *Q g LA era , . . a`' Q CL ' , -04 o 04 �, o � PA r„ QQ Ig. aqOZ o es �. h' QQ tip- R0 ICU 114 1 st t s A w to �• �.� � � u.W, i I CL W2 S QQ co � ira ' ' yi mss' o 216 o Cl- o Q. 3 rx to i� �. 7i". {• ', 1� '.G✓�moi' � "' � "r"� �.� [$ 7°i (► .r. 4+* 1& Uri 13 lo Al , A s M,34% *, - ' o '04 % % 7.1 111L. 3 attp ts r a 11 tit � i 10 fi '~ r w r� �. n . . . Cb fed c . , x c N Sao 5. 9 CA C6 .1% �,j � � > �3 � �. �" �°, �yrs �• � a a Anil W 04 r "�.� � '� {�� � � �, � c °" � �� tip,� �Vis,, � � ►+C Cw• ' : o v *R S.0 is i:r• �.�l �' � � ..� ,. .., �' G• � -, is n •cs �,� t57 -a,,: � ..� � � � =- + C? r 4QQ r- 6 OZ tA 9. 1, kip. § San ca. t3 10 g t G .;.. ,Leu06 r 8 law. " z - cc in all 1" 'b CL .CEJ. � V I aCA 40 e c 18 a C6 «. v CA na a w EXHIBIT D CITIES +► COUNTY + DISTRICT PART II JOINT MUNICIPAL AREA IDE PERMIT ORGANIZATION ATION AND PARTICIPATION REQUIREMENTS • The Technical Coordination Committee (rCG) shall consist of a;,planning and/or engineering representative from each city, the County, and the Flood Control' District. The TCC shall be responsible for the direction of the Stormwater Pollution Control Program. The Technical Committee will evaluate all of the data submitted, direct the preparation of the various elements of the NPDES permit application by establishing guidelines, objectives and goals, and develop recommendations on NPDES issues for consideration by the governing boards of:,their respective jurisdictions. • The Steering Coordination Committee (SCC) shall facilitate the group's efforts/deliberations. The Steering Committee shall consist of representatives from the Technical Coordination Committee. Membership and size of the SCG shall be determined by the TCC. The SCC shall review and make recommendations to the TCC for action. • tither committees(e.g., Finance, Public Education&Outreach, New Development,' etc.,) shall be established by the TCG in order to furtherthe objectives of the Stornater Pollution Control Program. • Each city,the County and the District shall be assigned to at least one committee other than the TCC and shall participate in its activities. • Each city, the County, and the District 'shall have one vote in the Technical Committee decision-making process. • The County Mood 'Control District shall provide the necessary staff to coordinate the collection of data, maintain NPDES program files,disseminate information, and implement the Technical Committee's decisions. *' Each city and the County Will be individually responsible for providing the data outlined in Exhibit "C" for Part ll of NPDES permit application. MFKav WjVdes.ex (May 8, 1992) CIA 13 0 .0 �` � -0 0 © O N,(� - b to ID 00 to :4 ~ ' cu til; LCs Q3 �, tk „za C3' -�z C!y c -t1 C"7 ,S1 C om`.Chi G 0., 0 .. p s 5 � ' . 0 to el 00 ell, M to 'CD 0 0 CD = .. lkMC: 'N' ° - � 3' -` ° 4 10 0 CD 5' ' . n r•�+ o t~ c M , w � Z .. a ► wto •2 r5 w cp ccs to w CL bi ID< rn a (DM M _ o - 0 0 I, a Cn <D CL 49v- cr 3333 0 (-Dn iEff 3 ' Q. CL cavi 0' 3 ( 0 n ►` . "? co CD o � n. C c. c co :,4 ;fl CD wWW 2 z COST PAYMENT AGREEMENT FOR GROUP COSTS BETWEEN CONTRA:COSTA COUNTY FLOOD CONTROL ANO WATER CONSERVATION DISTRICT AN CONTRA COSTA;QQUNTY This AGREEMENT, entered into on the , 3rd day of June , 1992, is between Contra Costa County,a political subdivision of the State of California, hereinafter"COUNTY," and Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT. The parties to this AGREEMENT mutually agree and promise as follows: 1. P RPO E AND'S E QF WQRK:: COUNTY, in conjunction with DISTRICT and other local government entities,desires to participate in the development of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit application for storm waters. A Technical Committee, hereinafter referred to as COMMITTEE, has been formed to develop and complete the permit activities. A statement of the duties of COMMITTEE is contained in Exhibit "D". The permit processrequires the collection, evaluation, and mapping of data, and the preparation of reports outlining,existing practices and proposed activities to meet the federal NPDES requirements and State of California'water quality requirements. Consultant contracts, hereafter referred to as CONTRACTS, will be executed by DISTRICT for performing some of this work at the direction of COMMITTEE. This AGREEMENT' is to set forth COUNTY and DISTRICT responsibilities regarding group costs and activities jointly or individually performed by COUNTY: 2. CONTRA QQSTA COUNnM RESPQN§19.!LITYFOB GROUP TS: COUNTY agrees to reimburse DISTRICT for its prorate share of the costs for the work outlined in Exhibits"A"and"B"and additional work authorized by the COMMITTEE. The cost of DISTRICT's staff assigned to facilitate the activities of the COMMITTEE is excluded. COUNTY's maximum obligation without amendment of this AGREEMENT is $172,574.00. 3. C T A-CQOUNTINQ: DISTRICT shall maintain accounting records for all expenditures. DISTRICT will bill COUNTY quarterly for costs incurred. COUNTY shall pay DISTRICT`within 45 days of billing. 4. 1_NSWR-ANCE AND:HOLD HARM SS:' a) CONTRACTS awarded by DISTRICT shall' include previsions requiring the consultant to: (1)provide and maintain in full force,during the CONTRACT' period, workers' compensation insurance pursuant to state law; professional liability (errors and omissions) insurance with coverage of at least $500,000; and comprehensive general liability insurance with a combined single limit coverage of at least $1,000,000; and (2) promise to hold harmless and indemnify COUNTY, its governing body, officers and employees to the same extent as promised to DISTRICT. The aforementioned liability policy shall name COUNTY and DISTRICT, their governing bodies, officers and employees as additional insureds and shall contain a prevision that the insurance afforded thereby to the additional insureds shall be primary Insurance to the full limits of the policy, and that N any of the additional insureds has other insurance or self insurance against' a loss covered by such policy, such insurance or self insurance shall be excess insurance only. b) Each party shall defend, indemnify,save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury,sickness or death, due to the negligence or willful misconduct of the Indemnifying party, its officers or employees. c) Although DISTRICT will use its best efforts to ensure that accurate data is furnished to COUNTY,,; DISTRICTcannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, COUNTY acknowledges that the obligation set forth in subsection B above shall not apply to claims, demands, suits, costs, expenses and liability arising from or connected with the use by COUNTY of the data furnished under this AGREEMENT, and COUNTY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same. d) Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of,either;,party to third parties by imposing any standard of care different from that imposed by law. The provisions of this fffsection 4 shall survive any termination or expiration'of this AGREEMENT. 5. AGREEMENT TERMINATION: COUNTY's execution of this agreement sloes not bind the COUNTY in any way to continue participation in the Joint Municipal Areawide NP©ES permit application process. COUNTY and DISTRICT each reserve the right to terminate this AGREEMENT with 30 days' written notice, at which time a' final accounting will occur. Written notification to the following addresses by certified mail,return receipt requested, constitutes adequate notice: CONTRA COSTA COUNTY DISTRICT C.C.C. Public Works Department County Flood Control District 255 Glacier Drive 255 Glacier Drive Martinez, CA 94553 Martinez, CA 94553 In the event COUNTY terminates this AGREEMENT, COUNTY shall be responsible for its prorate share of all expenses incurred up to the effective date of such termination. COUNTY shall receive from DISTRICT all data or ether information prepared by DISTRICT for COUNTY at COUNTY's expense, 6. AGREEMIgNT MODIFICATION: This AGREEMENT shall be subject to modification only with the written consent of bath parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. _ 2_ 7. AgREEMENT EXPIRATION: Unless'earlier terminated under section 6 above,this AGREEMENT shall expire 45 days following the final filing date of May 17, 1993 or 45 days following an extended final filing date and upon the completion of a report of'final costs and payment of funds. CONTRA COSTA CqYNTY FLOOD CONTRA COSTA G NTtf CONTROL R CONSERV STRICT By By: Chair,11oard of Supervisors Chair, 'Board of Supervisors ATTEST: ATTEST: Phil Batchelor, Clerk of the Beard of Phil Batchelor, Clerk of the :Board of Supervisors and County Administrator Supervisors and County Administrator By fi By: yu 41 Depuo Deputy Recommended for Approval: Recommended for Approval:> J. Michael Watford J. Michael Walford Chief Engineer Chief Engineer Form Approved: Form Approved: Victor J. N+estman Victor J. Westman County Counsel County Counsel Deputy Deputy DPF:sj: c:NPDE JEPACo.exF (November 24, 1992) Page 3