Title
Staff Report for Resolution Approving an Agreement Providing for the Implementation of the Alameda County Clean Water Program
Staffreport
SUMMARY AND RECOMMENDATIONS
Staff recommends the City Council approve the Agreement providing for the implementation of the Alameda County Clean Water Program. Staff further recommends that the City Council authorize the City Manager to execute the Agreement.
BACKGROUND
The City of San Leandro is a party to the Agreement to implement the Alameda County Clean Water Program. The Agreement was initially adopted in 1991 by all of the cities within the county of Alameda, Alameda County, the Alameda County Flood Control and Water Conservation District, and Zone 7 of the District (the Parties). The Agreement created the Alameda County Urban Runoff Clean Water Program as a method for the Parties to apply for the required municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit and to work collaboratively in implementing a number of the permit requirements that could be done more cost-effectively as a group.
This NPDES permit is issued by the San Francisco Bay Regional Water Quality Control Board. In October 2009, the Regional Water Board reissued the Parties' permit as a permit covering the Parties as well as 56 other storm water dischargers throughout the San Francisco Bay Region. This permit is referred to as the Municipal Regional Permit (MRP).
The Agreement was amended in 1997, 2001, and 2003. Amendments to the agreement include changing the name from the Alameda County Urban Runoff Clean Water Program to the Alameda County Clean Water Program, and extending the term of the agreement through April 1, 2013.
Analysis
A workgroup from the Alameda County Clean Water Program reviewed the Agreement in light of the requirements in the Municipal Regional Permit. After considering the workgroup's findings, the Program's Management Committee is recommending that each party to the Agreement approve a new Agreement to accomplish the following objectives:
1. Improves equity by making changes in the allocation of Program costs and voting shares;
2. Increases flexibility of the Program's operations by allowing Parties other than the District to take on the role of program manager and fiscal agent;
3. Establishes a new 15 - year term starting July 1, 2012; and
4. Improves clarity by adopting a new stand-alone agreement that incorporates the changes described above as well as a number of minor additional changes to reflect current conditions.
The modifications are described in detail below:
Proposed Changes in the Allocation of Costs to Improve Equity
The current cost sharing formula for the Parties to the Agreement is weighted evenly based on the relative area and population of each municipality with a minimum cost share of at least 1%. In review of the Program budget, approximately 22% of the expenditures are not affected by area or population. Thus, the Program's Management Committee recommended that these costs be allocated equally among the member agencies. The remaining 78% of program costs will be allocated based upon the existing formula of 50% population and 50% area. The Management Committee approved these recommendations in September 2010. San Leandro's cost allocation will become slightly higher from 4.82% to 5.15% as shown in Table 1.
Proposed Changes in Voting to Improve Equity
The Current Agreement requires a two-thirds affirmative vote of all allocated shares. (Voting shares are equivalent to the cost allocation.) Under that system, the largest Parties have a great deal of influence and the smallest Parties have very little. However, many issues the Program considers are not related to the expenditure of funds and smaller Parties may have more significant concerns regarding some issues than the larger Parties. To address this issue, the Management Committee is recommending that, for most issues, the voting requirement be changed to a simple majority vote of the Parties to the New Agreement. However, adoption of the Program budget and changes to the New Agreement would require an affirmative vote of both a majority of Parties to the New Agreement and a majority of allocated votes based upon the new cost allocation.
Proposal to Allow Any Party or Outside Contractor to Provide Program Management Services
Alameda County Flood Control and Water Conservation District staff has provided management services to the Program since its inception. The Management Committee anticipates that District staff will continue to provide management services to the Program for the foreseeable future. However, considering the resource and staffing constraints currently faced by local governments, the Management Committee recommends providing other staffing options. The Management Committee is recommending that the Agreement allow the Management Committee to select another Party or outside contractor to act as Program Manager in the event the District is not able to continue providing program management services or if the Management Committee determines a change is necessary or desirable.
Proposal to Allow any Party to the Agreement to Act as Fiscal Agent
The District has been the fiscal agent for the Program since its inception. The Management Committee anticipates that District will continue to act as the fiscal agent for the foreseeable future. However, considering the resource and staffing constraints currently faced by local governments, the Management Committee recommends providing other options. This option would not extend to outside contractors. The Management Committee is recommending that the New Agreement allow the Management Committee to select any Party to act as fiscal agent for the Program.
Improve the Clarity by Adopting a New Agreement
The new Agreement would supersede all prior agreements. The new Agreement includes additional changes including the following: refers to the most recent Basin Plan and NPDES permits; eliminates reference to outdated funding commitments; clarifies Program invoicing and termination procedures; establishes a 15-year term for the New Agreement; clarifies and modifies procedures for a Party to terminate participation in the New Agreement; updates duties of the Parties; and clarifies that Management Committee approval of a report submittal to the Regional Water Board is approved by all Parties.
Previous Actions
Council adopted Ordinance No. 92-011 adopting a Storm Water Management and Discharge Control Program.
Applicable General Plan Policies
Action 32.03-A: NPDES Permit Revisions
Fiscal Impacts
The FY 2012-13 budget for the countywide program is $2,005,000. Under the new cost allocation the City's contribution will be 5.15% or $103,258 for FY 2012-13. Funding for participating in the countywide program is budgeted in the Stormwater fund under account number 598-58-008-5190.
ATTACHMENTS
Table 1: Comparison of Current and Proposed Cost Allocations
PREPARED BY: Jennifer Auletta, Administrative Analyst, Public Works Department