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HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-324 E BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT June 27, 2000 Adopted this Resolution on by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2000/ 324 SUBJECT: RESOLUTION OF THE CONTRA COSTA BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA AND OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT APPROVING THE FIRST AMENDMENT TO THE CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT (1998-2003) WHEREAS, under the Federal Water Pollution Control Act, as amended in 1987, stormwater discharges from municipal separate storm sewer systems require coverage under the National Pollutant Discharge Elimination System (NPDES) Permit Program; and WHEREAS, in California, the NPDES Permits are issued through the California State Water Resources Control Board and the nine (9) Regional Water Quality Control Boards; and, WHEREAS, the San Francisco Bay and Central Valley Regional Water Quality Control Boards mandated Contra Costa County, eighteen (18) of its incorporated cities and the Contra Costa County Flood Control & Water Conservation District (Flood Control District) be covered under a Joint Municipal NPDES Permit; and WHEREAS, these jurisdictions participated in permit application activities and received a Joint Municipal NPDES Permit from the San Francisco Bay and/or Central Valley Regional Water Quality Control Board; and WHEREAS, cooperative efforts between the Cities, County and the Flood Control District in the Joint Municipal NPDES Permits have minimized the costs of the Program to all parties; and WHEREAS, the San Francisco Bay Regional Water Quality Control Board reissued a second Joint Municipal NPDES Permit (CA0029915) on July 21, 1999; and WHEREAS, the Central Valley Regional Water Quality Control Board approved a reissued second Joint Municipal NPDES Permit on June 16, 2000; and WHEREAS, the Central Valley Regional Water Quality Control Board mandated the City of Oakley, which incorporated on July 1, 1999, be covered under the reissued second Joint Municipal NPDES Permit; and RESOLUTION NO. : 2000/324 WHEREAS, Contra Costa County, all nineteen (19) of its incorporated cities and the Flood Control District will be subject to the Program Agreement, which delineates Program activities, structure, membership, costs and participation; and NOW,THEREFORE BE IT RESOLVED, this County Board of Supervisors of the County of Contra Costa and as the governing body of the Contra Costa County Flood Control and Water Conservation District agrees to share in Program costs, provide appropriate staff support and provide detailed information necessary to implement the reissued Joint Municipal NPDES Permits. BE IT FURTHER RESOLVED the Public Works Director of Contra Costa County and the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District is hereby authorized to execute the amended Contra Costa Clean Water Program Agreement (1998/2903), as described in Attachment "A"; and, the Contra Costa County Board of Supervisors approves the funds for the County of Contra Costa's proportionate share of the group costs for Fiscal Year 2000/01. BE IT FURTHER RESOLVED the Contra Costa County Clerk shall provide three signed, certified copies of this resolution to the Contra Costa Clean Water Program Manager. I hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUNE 27, 2000 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By t _ , Deputy LMB:jlg G:\GrpData\Fldctl\NPC►ES\80\PrgmAgtAmendmentReso6-27-40.doc CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT (1998-2003) Contra Costa Clean Water Program Agreement between The Contra Costa County Flood Control & Water Conservation District and Agencies named below THIS AGREEMENT is jointly entered into by the Contra Costa County Flood Control and Water Conservation District and the cities of Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek and County of Contra Costa (sometimes individually referred to herein as "co-permittee" or "agency"). It is dated for administrative convenience April 1, 1998. Recitals A. The parties are joint holders of National Pollution Discharge Elimination System ("NPDES") Permit, Nos. CA0029912 and CA0093313. The cities previously have entered into individual agreements with the Contra Costa County Flood Control and Water Conservation District ("District") for the first five-year NPDES permit. The parties now wish to enter into this joint agreement for the upcoming NPDES permit, 1998 - 2003. B. The parties (except the Cities of Richmond and Brentwood) intend to enter into a separate cost payment agreement regarding the stormwater utility fee assessment financing. -1- NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: A. Group Activities Delineation. The Management Committee ("MC") is the decision-making body of the Contra Costa Clean Water Program. It shall be responsible for setting policies, providing directions and authorizing expenditures. The second NPDES permit program, and the activities to be jointly carried out pursuant to this Agreement by the parties, shall include, but not be limited to, the following tasks: 1. Provide the necessary administrative, technical and clerical resources to implement all Program activities directed by the Management Committee in order to implement the second joint municipal NPDES permit(1998 - 2093). Administrative activities may include attending all Management and sub-committee meetings, preparing committee minutes and/or summaries of committee actions. 2. Administer all consulting services contracts (technical, legal, public relations and associated services) including the coordination, billing and monitoring of all such activities. 3. Represent the Program at federal, state, regional and local governmental, civic, professional and political organizations and agencies. 4. Coordinate the yearly compilation of the Annual Report to the appropriate Regional Water Quality Control Boards. 5. Conduct monitoring activities which may include the purchase, installation and testing of equipment at designated sites. 6. Ensure that all regulatory fees and assessments necessary to obtain and maintain the Joint Municipal NPDES Permits are appropriate and, if so, paid. 7. Ensure uniform implementation of a comprehensive stormwater management ordinance and its regulations between all co-permittees. 8. Implement a comprehensive public education and industrial outreach -2- program on behalf of all co-permittees. The Public Education and Industrial Outreach Committee in the Program will be responsible for developing the original materials and co- permittees shall be responsible for producing and distributing these items. 9. Participate in special studies determined by the Program, the Regional Water Quality Control Boards, the Bay Area Stormwater Management Agencies Association (BASMAA) or other appropriate entities. 10. Ensure implementation of a comprehensive program for field inspection and investigation activities for unauthorized connections and illegal dumpings. 11. Ensure a comprehensive program for new development and construction activities specifically focusing on soil erosion and sedimentation practices, post-construction facilities and developing financial mechanisms needed to maintain such facilities. B. Termination. Should a co-permittee want to stop participating in the group program and terminate its obligations under this Agreement, the following conditions must be met: 1. The co-permittee shall provide written notice of its intention to terminate its participation in the group program by no later than 5:00 p.m., December 31 prior to the commencement of the following fiscal year of which it is seeking to terminate its obligations (July 1 - June 30). To ensure an orderly transition, the departing co-permittee shall also obtain written confirmation from the Regional Board's Executive Officer that an individual NPDES Municipal Stormwater Permit will be issued to the co-permittee and provide a copy to the Program with the notice of termination. 2. The co-permittee shall be committed to fulfill all of its financial obligations outlined in this Agreement to the end of the fiscal year(June 30). C. Subcommittee Structures. The following subcommittees are hereby established, but may be changed -3- by the Management Committee: 1. Administrative Committee ("AC") is a sub-committee responsible for administration, strategic planning, personnel, budget recommendations and conflict resolution. 2. Monitoring and Inspection Committee ("MIC") is a sub-committee responsible for baseline monitoring, special study coordination, inspection activities, inspection training, volunteer monitoring and water quality analysis and evaluations. 3. New Development and Construction Controls Committee ("NDCCC") is a subcommittee responsible for erosion/sedimentation control measures, construction site management practices, new development guidelines and recommended planning procedures. 4. Public Education and Industrial Outreach Committee ("PEIO") is a subcommittee responsible for development of materials and products, information dissemination, technical workshops, marketing and public outreach. D. Management Committee Representatives. 1. The city/county manager, prior to May 1, 1998, shall designate Management Committee representatives which may be by job classifications rather than named individuals. The manager shall designate up-to two (2) individuals who may vote on behalf of their agency at any Management Committee deliberation. Each co-permittee shall have one vote on the Management Committee. Co-permittees shall be permitted to send substitutes to any Management Committee meeting, permitting the individual to vote on behalf of the agency when the representative is absent. Written confirmation from the city/county manager indicating the identity of the substitute shall be provided to the Program prior to the meeting. The substitute's decisions shall be binding upon its agency. 2. Each Management Committee representative shall consist of an engineering representative or designated individual responsible for directly administering the stormwater management program for their agency. 3. Management Committee representatives shall continue for the entire -4- term of the Agreement unless changed by the city/county manager by providing timely written notification to the Program. 4. Any decision made by the Management Committee shall be binding upon all co-permittees. E. Committee Membership. 1. Each co-permittee shall have one representative on the Management Committee and at least one representative on either the Administrative Committee, Monitoring and Inspection Committee, New Development and Construction Committee, or the Public Education and Industrial Outreach Committee. 2. Co-permittees may have membership on any subcommittees as full voting members if approved by the Management Committee at its June meeting upon the recommendation of the Management Committee chairperson for the following year. Each co-permittee shall only be allowed one vote per committee. Participants at committee meetings, other than approved co-permittees, shall not be allowed to vote on any item under consideration. 3. Any co-permittee not designated as an approved voting member may participate in the discussions of any subcommittee but shall not be allowed to vote on recommendations. Co-permittees may participate on any committee. 4. Each sub-committee shall, at a minimum, consist of the following membership: • Administrative Committee 7* Monitoring and Inspection 5 • New Development and Construction 5 • Public Education and industrial Outreach Committee 5 (*Concord, Contra Costa County and Richmond shall be permanent members of the Administrative Committee, but shall also participate on at least one additional subcommittee.) -5- 5. The Management Committee chairperson and vice-chairperson shall be chosen at the June Management Committee meeting for the following fiscal year. 6. The Management Committee chairperson shall be chairperson of the Administrative Committee for one fiscal year (July 1 to June 30). 7. The Management Committee chairperson, in accordance with established guidelines, shall by May 31 of each fiscal year recommend, after consultation with all co-permittees, membership on all sub-committees effective July 1 of the next fiscal year. Recommendations shall be considered by the Management Committee at its June meeting. Sub-committee members shall be encouraged to rotate every two years. 8. The first order of business for each sub-committee at its July meeting is to choose a chairperson and vice chairperson for the remainder of the fiscal year and to establish the sub-committee's work plan for the fiscal year dealing with its goals, objectives, time lines and related items, as outlined under the Permit. 9. Attendance at all Management and sub-committee meetings shall be published monthly. Co-permittees are expected to attend at least 80% of the meetings. Two consecutive absences shall cause the Management or sub-committee chairperson to request new membership from the designated co-permittee by contacting either the Management Committee representative or the co-permittee's city/county manager. Attendance of all committees shall be added to the Annual Report provided to the Regional Water Quality Control Boards. 10. The Administrative Committee shall consist, at a minimum, of the following membership, conditions, and shall generally follow the rotations contained in -6- Exhibit "A": a) Management Committee chairperson 1** b) Concord, County and Richmond 312 c) Other co-permittees 3J4** Total 7 d) Geographical representation will be encouraged e) Administrative Committee vice-chairperson shall be selected at the first meeting in July of each fiscal year. The Management Committee vice-chairperson does not have to be the Administrative Committee vice-chairperson. **(i) These designated co-permittees shall rotate annually. (ii) These co-permittees shall meet their sub-committee obligation by serving as designated representative for the fiscal year (see Section E1). (iii) Should the chairperson be from Concord, Contra Costa County or Richmond, then the "other co-permittees" category shall be increased to four members; and the "Concord, County and Richmond" category shall be decreased to two members. 11. Permanent sub-committee voting membership can only be changed by the Management Committee Chairperson following established guidelines (see following section). 12. The selection of permanent sub-committee voting membership shall consider the following guidelines: a) The minimum number of members per committee (see Section E4). b) Balance membership from large, medium and small -7- jurisdictions. c) Balance membership from geographical areas as follows: (i) West County: EI Cerrito, Richmond, San Pablo, Hercules, Pinole and unincorporated county. (ii) East County: Antioch, Brentwood, Oakley, Pittsburg, and unincorporated county. (iii) Central/North County: Concord, Clayton, Pleasant Hill, Walnut Creek, Martinez, and unincorporated county. (iv) Lamorinda/South County: Lafayette, Orinda, San Ramon, Danville, Moraga and unincorporated county. d) Attempt to have one sub-committee member represented on the Administrative Committee to act as a liaison. e) Rotation of sub-committee members shall be encouraged at least every two years. f) Membership shall be chosen to enhance the sub-committee's manageability and overall effectiveness of attaining goals and objectives. 13. A quorum for each committee or subcommittee shall consist of a majority of its members. F. Program Costs Participation and Allocation. All program costs shall be allocated on population numbers annually obtained from the State of California's Department of Finance. The population data published in January of each year will be used to form the cost allocations of the following fiscal year. (See Exhibit "B"for the 1998/99 Fiscal Year Allocations.) C. Optional Services. Additional services requested by a co-permittee and consistent with carrying -8- out tasks outlined in the Joint Permit may be provided by Program staff as long as it minimally impacts Program staffing and is approved by the Management Committee. Such requests shall be in writing and detail tasks to be accomplished. Such services shall be completely financed by the co-permittee. H. Contractinc. 1. All contracts shall initially be administered through the Flood Control District on behalf of the Program. Other co-permittees may be permitted to contract on behalf of the Program upon Management Committee approval. 2. All contracts shall include a provision allowing for one or two-year extensions based on satisfactory performance. The appropriate sub-committee shall recommend to the Management Committee when a consultant contract should be extended. The aforementioned contracts are for services, not products. 3. Procuring technical services shall be accomplished in the following manner: a) A formal Request for Proposal („RFP") shall be developed for all required technical services detailing goals, objectives, budget, tasks and time lines. b) All co-permittees)will be asked if they wish to respond to the RFP. If so, the co-permittees) must respond in writing to the appropriate sub-committee. c) The sub-committee can either recommend approval of the submitted co-petmittee(s)' proposal to the Management Committee; or, may send the RFP to outside vendors and review all submittals before making a final determination to the Management Committee. d) The appropriate sub-committee shall be responsible for recommending a consultant to the Management Committee. 1. Staffing, 1. Program staff are employees of Contra Costa County, employed on behalf of all co-permittees constituting the Clean Water Program. The Management -9- Committee may contract for Program staff through another co-permittee, an institutional arrangement (such as joint powers agreements), or consultants. 2. The County shall obtain input from the Management Committee regarding staff evaluations, job classifications and salary ranges. The Administration Committee shall be responsible for soliciting input from the Management Committee members. 3. The Management Committee shall negotiate an administrative overhead rate with any appropriate agency providing services to the Program. 4. Program staff shall provide a written record of all policies, rules and regulations duly adopted by the Management Committee. J. indemnity. Each party to this Agreement agrees to protect, indemnify and save harmless the other parties and their officers, officials, employees and volunteers from and against all claims, demands and causes of action by third parties on account of personal injuries or death or on account of property damages arising out of the work to be performed under this Agreement and resulting from the negligent act or omission of the party, its contractors, agents, employees or subcontractors. Dated: CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT: By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF ANTIOCH By: -10- Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF BRENTWOOD By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF CLAYTON By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF CONCORD By: Its: APPROVED AS TO FORM: By: Attorney Dated: COUNTY OF CONTRA COSTA By: Its: APPROVED AS TO FORM: -11- By: Attorney Dated: TOWN OF DANVILLE By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF EL CERRITO By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF HERCULES By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF LAFAYETTE By: Its: APPROVED AS TO FORM: By: Attomey Dated: CITY OF MARTINEZ By: Its: -12- APPROVED AS TO FORM: By: Attomey Dated: TOWN OF MORAGA By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF OAKLEY By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF ORINDA By: Its: APPROVED AS TO FORM: By: Attomey Dated: CITY OF PINOLE By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF PITTSBURG By: -13` Its: APPROVED AS TO FORM: By: Attomey Dated: CITY OF PLEASANT HILL By: Its: APPROVED AS TO FORM: By: Attomey Dated: CITY OF RICHMOND By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF SAN PABLO By: Its: APPROVED AS TO FORM: By: Attomey Dated: CITY OF SAN RAMON By: Its: APPROVED AS TO FORM: By: Attorney -14- Dated: CITY OF WALNUT GREEK Ey: Its: APPROVED AS TO FORM: By: Attorney G:\GrpData\FldCtl\NPDES\BO\Amended PrgmAgt6-00.doc -15J-