HomeMy WebLinkAbout1999-12-06 City Council (15)TO:
FROM:
DATE:
SUBJECT:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PUBLIC WORKS
DECEMBER 6, 1999 CMR: 435:99
APPROVAL OF AUTHORITY FOR STAFF TO EXPEND FY 1999-00
STORM DRAINAGE FUNDS IN THE AMOUNT OF $86,040 FOR
THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION
PREVENTION PROGRAM; APPROVAL OF REVISED
MEMORANDUM OF AGREEMENT FOR SANTA CLARA VALLEY
URBAN RUNOFF POLLUTION PREVENTION PROGRAM; AND
APPROVAL OF RESOLUTION TO REAPPLY FOR REISSUANCE
OF A NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT FOR DISCHARGE OF MUNICIPAL
STORM WATER
2
REPORT IN BRIEF
This report-requests Council approval to expend funds in the amount of $86,040 to pay
the City’s proportionate share of cost for the FY 1999-00 Santa Clara Valley Urban
Runoff Pollution Prevention Program (Program), approval of a revised Memorandum of
Agreement (MOA) providing for implementation of the Program, and approval of a
resolution to reapply for reissuance of a National Pollutant Discharge Elimination System
(NPDES) permit for discharge of municipal storm water. The requested $86,040
expenditure is Palo Alto’s share (4.06 percent) of the total Program budget, which funds
Program planning, permit compliance, water quality monitoring, regional public
information and outreach, and other activities with area-wide urban runoff pollution
prevention benefits. The revised. MOA, an agreement between 13 Santa Clara County
(County) cities, the County, and the Santa Clara Valley Water District to create and
implement the Program, reflects changes in the Program’s scope and administrative
structure that have occurred over the past several years. The resolution commits the City
to continued implementation of its Urban Runoff Management Plan and authorizes the
Program Manager to sign and submit an application for a new five-year NPDES permit
for discharge of municipal storm water by Palo Alto and other member agencies of the
Program.
CMR:435:99 Page 1 of 5
RECOMMENDATION
Staff recommends that Council:
Authorize staff to expend funds in the amount of $86,040 to pay the City’s
proportionate share of cost for the FY 1999-00 Santa Clara Valley Urban Runoff
Pollution Prevention Program.
Authorize the Mayor to sign the attached revised Memorandum of Agreement
(MOA) providing for implementation of the Santa Clara Valley Urban Runoff
Pollution Prevention Program.
Approve the attached resolution to reapply for reissuance of a National Pollutant
Discharge Elimination System (NPDES) permit for discharge of municipal storm
water.
BACKGROUND
On April 16, 1990, Council approved an agreement between 13 Santa Clara County
(County) cities, the County, and the Santa Clara Valley Water District (District) for the
implementation of the Santa Clara Valley Nonpoint Source Pollution Control Program
(Program) (CMR:255:90). The agreement allowed the signatory agencies to apply for
and obtain a joint NPDES permit for discharge of municipal storm water. The agreement
also established a Management Committee, comprised of a representative from each
member agency, to provide overall Program direction and to review and recommend an
annual Program budget. The Management Committee oversees Program elements, such
as overall Program planning, permit compliance, water quality monitoring, and public
information and outreach activities, that have area-wide benefits. By approval of the
agreement, the City agreed to fund a proportionate share of Program costs each year.
The term of the agreement was five years with an automatic renewal provision in the
absence of objections from any of the signatory agencies. The five-year term of the
agreement coincided with the term of the original NPDES permit issued to the agencies.
The agreement was renewed in 1995 for an additional five-year period when a revised
NPDES permit was issued to the agencies.
The Program’s current NPDES permit for discharge of municipal storm water is due to
expire on June 21, 2000. State law requires that an application for reissuance of the
permit be submitted no later than December 21, 1999.
DISCUSSION
On November 19, 1998, the Program Management Committee adopted a recommended
scope of work and corresponding budget for FY 1999-00 (Attachment A). Palo Alto’s
proportionate share of the Program budget is $86,040 (4.06 percent of the total budget
amount).
The majority of the Program budget is allocated for program management and
professional engineering services provided by private consultants. The Program Manager
conducts day-to-day Program business, coordinates various task groups comprised of
staff from participating agencies who have been assigned to address specific water
quality issues, and represents the Program at regional meetings. Other consultants
CMR:435:99 Page 2 of 5
conduct technical studies on behalf of the Program to learn more about particular
pollutant sources and pollution control measures. In addition, the Program budget funds
the payment of various governmental fees, and supports regional public outreach and
education, regional pollution control efforts, and the continuation of ongoing water
quality monitoring.
Approval of Revised Memorandum of Understanding (MOA)
The revised Memorandum of Agreement (MOA) has been drafted to reflect changes in
the Program’s scope and administrative structure over the past several years. The
Program has become more narrowly focused and more action-oriented since the original
MOA was executed. The Program’s initial objective was the control of"nonpoint source
pollution". This broad classification includes pollutants from urban storm water runoff,
as well as those from agriculture, animal grazing, mining, and naturally occurring
sources. The Regional Water Quality Control Board’s initiation of a watershed-based
pollution prevention strategy, through the creation of the Santa Clara Basin Watershed
Management Initiative (WMI), .has permitted the Program to narrow its focus to urban
runoff pollutant sources, since other sources are addressed by other WMI participants.
The name of the Program has been changed from "Nonpoint Source Pollution Control
Program" to "Urban Runoff Pollution Prevention Program" to reflect this change in scope
and to create a clearer image with the general public. The Program’s early emphasis on
planning and data collection has shifted to a more active mode of implementing an Urban
Runoff Management Plan consisting of a broad range of pollution prevention activities.
These include storm drain maintenance, street maintenance, public information and
outreach, illegal dumping and illicit connection elimination, industrial/commercial site
inspection, planning procedures, and construction inspection.
The Program structure has also undergone significant change since the original MOA was
signed. Initially the District acted as the Program administrator and fiscal agent. In May
1997, the District notified the Management Committee of its intention to resign as
Program administrator. In response, the Management Committee issued a request for
proposals and, through a professional services selection process, selected EOA, Inc. to
serve as the Program Manager. The District continues to serve as the Program’s fiscal
agent. EOA is currently under contract to serve as Program Manager through FY 2000-
01.
The Management Committee developed a revised MOA (Attachment B) to reflect the
Program’s current scope and organizational structure. The MOA was drafted to achieve
the following goals:
Ensure continued systematic and orderly compliance with the Program’s
NPDES permit requirements.
Increase Program performance and promote efficiency by providing an
opportunity to contract out administrative tasks where costs could be
reduced.
Allow cost savings to be redirected into implementation of local pollution
prevention activities.
The revised MOA incorporates the goals cited above and restructures the Program to
operate under the direction of a contract Program Manager. The MOA clearly describes
CMR:435:99 Page 3 of 5
the purpose of the Program, its tasks and responsibilities, membership, decision-making
procedures,, and ground rules for participation. The amended Program Bylaws
(Attachment B) further define the specific processes for Program operation, budgeting,
and reporting. The MOA and Bylaws have been reviewed by Public Works staff and the
Attorney’s Office. Staff recommends that Council approve the MOA in order to continue
Palo Alto’s participation in the Program and provide-for orderly and systematic
compliance with the area-wide provisions of the NPDES permit for storm water
discharge.
Approval of Resolution to Apply for New NPDES Permit
The Santa Clara Valley Urban Runoff Pollution Prevention Program is currently
preparing to apply for the second renewal of its NPDES permit for discharge of
municipal storm water by member agencies of the Program. It is anticipated that the
NPDES permit to be issued by the Regional Water Quality Control Board in June 2000
will not differ materially from the current permit. Under the expected terms of the permit
renewal, each agency Will continue to implement and annually evaluate and improve its
Urban Runoff Management Plan, while participating jointly in area-wide activities that
are implemented at the Program or regional level. The Regional Board will likely
continue its emphasis on a watershed-based pollution prevention strategy, and may
require the permittees to increase efforts to address water pollution generated by pesticide
usage, as well as to fund additional water quality monitoring.
The Program Manager and the Management Committee have prepared the necessary
application materials for submittal to the Regional Board. In its application, the
Program’s seeks to maintain flexibility in the methods used to address pollution in urban
runoff, with a continued emphasis on the use of best management practices to achieve
water quality protection. The attached resolution (Attachment C) commits the City to
continued implementation of its Urban Runoff Management Plan and authorizes the
Program Manager to sign and submit the NPDES permit application to the Regional
Board.
RESOURCE IMPACT
Authorization to pay the City’s proportionate share of the Santa Clara Valley Urban
Runoff Pollution Prevention Program costs is an annual activity required to expend
previously budgeted funds. Funds for FY 1999-00 Program costs have been appropriated
in the current year Storm Drainage Fund Operating Budget.
Approval of the revised Memorandum of Agreement and the resolution to reapply for a
NPDES permit commit the City to Continued participation in the Santa Clara Valley
Urban Runoff Pollution Prevention Program. This includes performance of the pollution
prevention activities described in the City’s Urban Runoff Management Plan and any
other NPDES permit requirements. Staff will request continued funding for these
activities from the Storm Drainage Fund as part of future budget approval processes.
Annual expenditures are not expected to rise significantly over the next five years. Staff
will, however, include a moderate increase in funding for storm water quality protection
activities in the proposed storm drainage fee ballot measure to be submitted to ratepayers
for approval in Spring 2000.
CMR:435:99 Page 4 of 5
POLICY IMPLICATIONS
This report does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
There is no environmental assessment required in conjunction with this report. However,
the NPDES Program is exempt from the provisions o£ the California Environmental
Quality Act under Section 15308 of the CEQA guidelines.
ATTACHMENTS
Attachment A:
Attachment B:
¯ Attachment C:
Santa Clara Valley Urban Runoff Pollution Prevention Program
invoice and recommended FY 1999-00 Program budget
Revised Memorandum of Agreement and Bylaws for Santa Clara
Valley Urban Runoff Pollution Prevention Program
Resolution to reapply for reissuance of a National Pollutant
Discharge Elimination System (NPDES) permit for discharge of
municipal storm water.
PREPARED BY: Joe Teresi, Senior Engineer
DEPARTMENT HEAD: Z/~¯ ~
GLENN S. ROBERTS
Director of~
sistant City Manager
cc:Program Manager, Santa Clara Valley Urban Runoff Pollution
Program
Prevention "
CMR:435:99 Page 5 of 5
Santa Clara Valley
Urban Runoff
Pollution Prevention Program
ATTACHMENT A
CITY PALO ALTO
OCT 1 5 1999
Campbell ¯ Cupertino. Los Altos - Los Altos Hills- Los Gatos. Milpitas ¯ Monte Sereno ¯ Mountain View. Palo Alto
San Jose- Santa Clara - Saratoga - Sunnyvale ¯ Santa Clara County- Santa Clara Valley Water District
October 13, 1999
INVOICE
1oe Teresi
City of Palo Alto
P.O. Box 10250
Palo Alto, CA 94303
Subject:Santa Clara Valley Urban Runoff Pollution Prevention Program
Invoice for Fiscal Year 1999-2000
Dear Mr. Teresi:
The City of Palo Alto’s assessment for the FY 1999-2000 Santa Clara Valley Urban Runoff
Pollution Prevention Program is $86,040.
Background
The total approved FY 1999-2000 Program Budget is $2,384,144. The non-discretionary portion
of the budget ($1,540,600) is proportioned among the fifteen participating agencies in the Program
according to the cost allocation schedule in the participating agencies’ Memorandum of
Agreement. The discretionary portion of the budget ($843,544) is proportioned among those
agencies that chose to participate in specific budget items.
The attached Table 1 indicates the method by which the participating agencies’ assessments are
computed. Your assessment has been credited with your agency’s portion of the interest earned on
the Program Fund during FY 98-99.
Payment
Please submit payment of this invoice to the Santa Clara Valley Water District, Accounting
Division, 5750 Almaden Expressway, San Jose, CA 95118, Attention: Ms. Norma Grasso. Make
checks payable to "SCVWD - Urban Runoff". Send copies of your submittal letter (including a
photocopy of the check) to Mr. Beau Goldie at the District (same address as above) and to Ms. Jill
Bicknell, Assistant Program Manager (at the Sunnyvale address below) so they may track receipt
of payments. Prompt payment to the District within 30 days will ensure continued Program
progress.
699 Town & Country Village ¯ Sunnyvale, CA 94086 ¯ tel: (408) 720-8833 ¯ fax: (408) 720-8812
1-800-794-2482
J. Teresi
Palo Alto
10/13/99
Thank you for your prompt attention to this matter. If you have any questions, please cal! Jill
Bicknell at (408) 720-8811.
Very truly yours,
Adam W. Olivieri, Dr. P.H., P.E.
Program Manager
Attachment
Beau Goldie, Santa Clara Valley Water District
Norma Grasso, Santa Clara Valley Water District
c:\scvurppp\budget\99assessments\inv-ltr.doc
TABLE I
Santa Clara Valley Urban Runoff Pollution Prevention Program
FY 1999-2000 PROGRAM FUNDING ASSESSMENTS
Co-Permittee
Campbell
Cupertino
Los Altos
Los Altos Hills
Los Gatos
Milpitas
Monte Sereno
Mountain View
Palo Alto
San Jose
Santa Clara
Saratoga
rSunnyvale
Santa Clara Co.
SCVWD
TOTAL
Program
Cost
Share1
1.88%
2.46%
1.59%
0.43%
1.74%
2.75%
0.14%
3.91%
4.06%
30.00%
6.23%
1.59%
7.25%
5.94%
30.03%
100.00%
Non-
Discretionary
Contribution
$28,963
$37,899
$24,496
$6,625
$26,806
$42,367
$2,157
$60,237
$62,548
$462,180
$95,979
$24,496
$111,693
$91,512
$462,642
$1,540,600
Discretionary
Contribution
$4,761
$14,979
$9,989
$2,572
$4,409
$16,453
$359
$23,004
$27,058
$430,151
$46,521
$4,027
$49,322
$30,779
$179,160
$843,544
Total
Contribution
$33,724
$52,878
$34,485
$9,197
$31,215
$58,820
$2,516
$83,241
$89,606
$892,331
$142,500
$28,523
$161,015
$122,291
$641,802
$2,384,144
Interest
Credit2
($1,651)
($2,161)
($1,397)
($ 378)
($1,528)
($2,415)
($123)
($3,434)
($3,566)
($26,349)
($5,472)
($1,397)
($6,367)
($5,217)
($6,376)
($67,831)
Total
Assessment
$32,073
$50,717
$33,088
$8,819
$29,687
$56,404
$2,393
$79,807
$86,040
$865,982
$137,029
$27,126
$154,648
$117,073
$635,427
$2,316,313
Cost share percentage used to calculate non-discretionary budget contribution only.
2 Total FY 98-99 interest earned on Program Fund = $87,830.72. Santa Clara Valley
Water District directed that $20,000 of its share of interest be used to fund special
projects.
C:\SCVLrRPPPkBLrDGET~99Assessments\9900 funds.doc 10/l 2/99
Santa Clara Valley
Urban Runoff
Pollution Prevention Program
FY 99-00 Budget
TOTAL FY 99-00 BUDGET
Budget Summary
Item StaffHours Total Cost
Non-discretionary: Operational Group
1.Program Management/Administration (EOA)
2.Permit Management 0EOA)
3.Technical Program Management (EOA)
4.Legal Services
5.Fiscal Agent
6.Management Committee Training
7.Fees
Non-discretionary: Operational Group Total
Non-discretionary: Proiects Group
8. Monitoring Projects
9. Watershed Management Initiative Projects
10. Project Contingency (10 %)
Non-discretionary: Projects Group Total
TOTAL NON-DISCRETIONARY BUDGET
Discretionary Items
1.Public Information!Participation Projects
2a.Storm Water Quality Task Force Dues
2b.BASMAA Baseline Budget Dues
3,180
2,850
910
0
0
0
0
6,940
0
0
0
695
0
0
$290,500
$353,700
$116,400
$60,000
$15,000
$5,000
$150,000
$990,600
$300,000
$200,000
$50,000
$550,000
$1.540.600
$575,244
$5,OOO
$63,300
TOTAL DISCRETIONARY BUDGET
TOTAL FY 99-00 BUDGET
$643.544
$2J84j44
budget report 99-00 3 March 1, 1999
Santa Clara Valley
Urban Runoff
Pollution Prevention Program
FY 99-00 Budget
NON-DISCRETIONARY BUDGET
Budget Detail
Item
,Operational Group
1. Program Management/Administration (EOA)
a. Administrative Assistance
b. Management Committee and Task Group Support
i. Management Committee
ii. Task Groups
c. Program Budget Administration
i. Develop Budgets
ii. Prepare Expenditure Reports~
d. Coordinate with Legal Consultant
e. Develop and Manage PUP Program
£ Expenses
Subtotal
2. Permit Management (EOA)
a. Report Preparation and Submittal
i. Annual Report
ii. Work Plans
b. Internal Co-permittee Liaison
i. Develop Guidance
ii. Local Program Reviews
iii. Conduct Training (4 Workshops)
c. External Organization Meetings2
d. Prepare Permit Application
e. Implement Continuous Improvement Items
f. Expenses
Subtotal
3. Technical Program Management (EOA)
a. Prepare RFPs, Manage Technical Contractors
.b. Technical Review of Work Products
StaffHours
1,036
788
764
80
192
80
240
0
3,180
260
240
140
300
360
810
400
340
0
2,850
380
310
Total Cost
$70,200
$50,800
$78,496
$9,860
$21,664
$10,544
$23,160
$25,776
$290,500
$27,580
$24,780
$15,560
$35,560
$39,64O
$94,350
$46,86O
$37,440
$31,930
$353,700
$44,060
JO,~JU
1 Includes coordination with Fiscal Agent.
-~ Includes Program representation at BASMAA (Board, New Development Committee, PI/P Committee,
and Monitoring Committee), California Stonmvater Quality Task Force, Regional Monitoring Program,
WMI (Core Group, Watershed Assessment, Regulatory, Land Use, and Bay Monitoring/Modeling
Subgroups), Urban Pesticide Cormnittee, and Regional and State Board meetings, and meetings with
environmentallpublic interest groups.
budget report 99-00 4 March 1, 1999
Santa Clara Valley
Urban Runoff
Pollution Prevention Program
Item
c. Develop/Revise Performance Standards
d. Expenses
Subtotal
4.Legal Services
5.Fiscal Agent
6.Management Committee Training
7. Fees
a. NPDES Permit Fee (SWRCB)
b. Regional Monitoring program Fee3
Subtotal
Operational Group Total
FY 99-00 Budget
Staft Hours
220
0
910
0
0
0
Total Cost
$25,560
$10,550
$1!6,400
$60,000
$15,000
$5,000
o
o
o
6,940
$10,000
$140,000
$150,000
$990,600
Proiects Group
8. Monitoring Projects
a. Consultant Services4
9. Watershed Management Initiative Projects
a. Continue Watershed Assessment
(Consultant Services4)
b. Participate in Bay Monitoring & Modeling
(Consultant Services4)
10. Project Contingency (10 %)
Projects Group Total
Subtotal
o $300,000
0 $150,000
0 $50,000
0 $200,000
0 $50,000
0 $550,000
TOTAL NON-DISCRETIONARY BUDGET 6,940 $1~540~600
Assumes stone level of fi~nding as for FY 98-99 RMP.
Scope of services to be defined based on Progrmn’s monitoring pl,’m.
budget report 99-00 5 March 1, 1999
Santa Clara Valley
Urban Runoff
Pollution Prevention Program
Item
1.
DISCRETIONARY BUDGET FY 99-00
Budget Detail
Public Information/Participation
a) BASMAA Regional Ad Campaign
b) Local Media Campaign
c) Integrated Pest Management Education II
d) Watershed Action Fund
e) Watershed Management Outreach 1I
f) Creek Clean-ups
g) Spanish Construction BMP Tri-fold
h) Vietnamese Construction BMP Tri-fold
i)Mobile Surface Cleaner Training - added to Non-
Discretionary Workshops
j)Annual Events
k) Car Washing Education
1)Restaurant BMP Materials
m) Pool Pump Magnet and!or Sticker
n) Outreach Campaign for NOI Filers
o) Household Chemical Management
p) Program Supplies
FY 99-00 Budget
StaffHours Total Cost
0
70
25
8O
55
30
20
20
0
2OO
6O
35
3O
40
3O
0
$95,560
$58,023
$15,954
$188,920
$39,845
$28,863
$10,000
$10,000
0
$14,194
$5,434
$34,105
$8,805
$25,000
$25,541
$15,000
Subtotal 695 $575,244
Contributions to Regional Organizations
a) Storm Water Quality Task Force
b) BASMAA Baseline Budget Dues
0
0
$5,000
$63,300
Subtotal $68,300
TOTAL DISCRETIONARY BUDGET 695 $643~544
budget report 99-00 6 March 1, 1999
ATTACHMENT B
AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS AGREEMENT, is made and entered into this day of
1999 by and between the SANTA CLARA VALLEY WATER DISTRICT
(DISTRICT), a local public agency of the State of California; COUNTY OF SANTA CLARA,
a political subdivision of the State of California; CITY OF CAMPBELL, a municipal
corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the
State of California; CITY OF LOS ALTOS, a municipal corporation of the State of
California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of
California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY
OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE
SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a
municipal corporation of the State of California; CITY OF PALO ALTO, a municipal
corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the
State of California; CITY OF SANTA CLARA, a municipal corporation of the State of
California; CITY OF SARATOGA, a municipal corporation of the State of California; and
CITY OF SUNNYVALE, a municipal corporation of the State of California.
All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or
individually as "PARTY."
RECITALS:
go
Co
The 1986 Water Quality Control Plan for the San Francisco Bay (Basin Plan),
adopted by the California Regional Water Quality Control Board, San Francisco Bay
Region, in implementation of the Federal Clean Water Act, required that PARTIES
develop a program to control pollution from urban runoff, or nonpoint sources of water
pollution in the Santa Clara Valley.
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 source pollution.
Collectively, the measures undertaken pursuant to the previous agreements and
anticipated to continue pursuant to this Agreement, were known as the Santa Clara
Valley Nonpoint Source Pollution Control Program and upon execution of this
agreement henceforth shall be known as the Santa Clara Valley Urban Runoff
Pollution Prevention Program (hereinafter called "Program").
In 1987 Congress added Section 402 (p) to the Federal Clean Water Act (CWA) (33
U.S.C. Section 1342 (p)), which requires certain municipalities and industrial facilities
to obtain a National Pollutant Discharge Elimination System (NPDES) permit for the
76075_4 MOA.doc JRG:MGD 10/19/99
SCVURPPP MEMORANDUM .OF AGREEMENT Page 2 of :13
discharge of stormwater to navigable waters. NPDES permits are also required under
Section 402 (p) for any stormwater discharge which the Federal Environmental
Protection Agency (EPA) or a State has determined contributes to a violation of a
water quality standard or is a significant contributor of pollutants to surface waters.
Section 402 (p) further required EPA to promulgate regulations for initial NPDES
permit applications-for stormwater discharges. The EPA promulgated such
regulations in November 1990.
E.The EPA has delegated authority to the California State Water Resources Control
Board (SWRCB) to administer the NPDES Permit process within California and, in
turn, the SWRCB has delegated authority to the California Regional Water Quality
Control Board - San Francisco Bay Region (RWQCB-SFBR) to administer the
NPDES permit process within its region.
F.Pursuant to Section 402 (p) of the CWA and EPA regulations, the RWQCB-SFBR
adopted the following orders further defining the program that the PARTIES are to
develop and implement:
1. Order No. 90-094 (NPDES Permit No. CA0029718), adopted June 20,1990;
and
2. Order No 95-180 (NPDES Permit No. CAS029718); adopted August 23, 1995.
. In and for the mutual interest of the PARTIES, the PARTIES wish to continue the
Program by entering into this Agreement for the purpose of ensuring continued
participation, in terms of cost and administrative responsibilities.
DISTRICT is a local public agency of the State of California duly organized and
existing within the County of Santa Clara. The County of Santa Clara is a political
subdivision of the State of California. All other PARTIES are municipal corporations,
duly organized and existing under the laws of the State of California.
The RWQCB-SFBR is conducting a Watershed Management Initiative (WMI) in Santa
Clara County. The Program is required, as part of its NPDES permit, to develop and
implement a Watershed Management Measures Strategy. The Urban Runoff
Management Plan of the Program contains the Program’s Watershed Management
Measures Strategy. This strategy, consistent with the NPDES permit, coordinates
Program activities with the WMI to develop and implement cost-effective approaches
to address specific urban runoff pollution problems. The Program, through a
continuous improvement process, annually reviews the strategy.
76075_4 MOA.doc JRG:MGD 10/19/99
SCVURPPP MEMORANDUM OF AGREEMENT Page 3 of 13
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE, AS FOLLOWS:
Section 1. Santa Clara Valley Urban Runoff Pollution Prevention Program
1.0t The Santa Clara Valley Nonpoint Source Pollution Control Program
("Program") is _hereby continued as the Santa Clara Valley Urban Runoff Pollution
Prevention Program to fulfill the requirements of NPDES Permit No. CAS029718 as it
exists, may be modified, or may be reissued in the future (hereinafter referred to as
"NPDES Permit").
1.02 The Program is a collective effort and implementation of area-wide activities,
designed to benefit all PARTIES.
Section 2. Management Committee
2.01 A Management Committee is hereby reconstituted to provide for overall
Program coordination, review, and budget oversight, with respect to the NPDES
Permit.
2.02 The Management Committee may as necessary adopt and revise Bylaws for
its governance.
2.03 The Management Committee is the official management and oversight body
of the Program. The Management Committee shall direct and guide the Program
and review and approve the Program Budget. The Management Committee shall
consider permit compl!ance, including benefit to a majority of the PARTIES, as a
primary objective in approving Program tasks and corresponding budgets.
2.04 The Management Committee may periodically re-evaluate and make
recommendations to the PARTIES concerning reallocation of the proportion of the
annual Program contribution that each PARTY shall pay.
2.05 The voting membership of the Management Committee shall consist of
one designated voting representative from each PARTY. An alternative
voting representative may be appointed by each PARTY. The RWQCB-
SFBR may appoint a non - voting representative and alternate to the
Management Committee.
2.06 A quorum of the Management Committee shall be achieved when at
least nine (9) voting representatives, including at least one (1) representative
from each of City of San Jose and Santa Clara Valley Water District, are
present at any Management Committee meeting.
2.07 Meetings of the Management Committee, including any closed sessions
with Program Legal Counsel, shall be conducted in accordance with the "Brown Act"
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SCVURPPP MEMORANDUM OF AGREEMENT Page 4 of 13
(Government Code Section 54950 et seq.) The individual parties have differing
opinions on whether the Brown Act legally should be interpreted as applying to
members of the Management Committee. In executing this Agreement, the parties
do not waive their right to take the position that the Brown Act legally does not
apply, but voluntarily agree to follow Brown Act procedures for Management
Committee meetings. Except for official meetings of the Management Committee,
nothing herein shall be interpreted to require meetings between staff members of
the individual Parties (including designated representatives of the Parties) to be
subject to the Brown Act, where the Brown Act would not otherwise apply. Each
party is individually responsible for ensuring that it complies with the Brown Act.
2.08 The affirmative vote of at least eight (8) voting members of the
Management Committee, which collectively contribute at least fiftY percent (50%) of
the area-wide Program costs (a "Majority Vote"), is necessary to approve any
measure brought before the Management Committee.
2.09 The Management Committee shall be responsible for selecting any
consultant(s) or contractor(s) who are to be paid from Program funds ("Outside
Contractors"), using a process approved by the Contracting Agent, and for reviewing
and approving any contracts with Outside Contractors, including the scope(s) of
work, schedules of performance, use of subcontractors, and compensation for such
Outside Contractors.
2.10 The Management Committee shall select a PARTY or Outside Contractor
to act as Program Manager for the Program. The Program Manager shall be
responsible for Program management and administration, Permit management, and
technical program management all in accordance with the NPDES Permit, this
Agreement, Program Bylaws, and as directed by the Management Committee in the
best interest of the PARTIES as a whole and individually. The Program Manager
shall be paid, from Program funds in accordance with the adopted Program budget,
for providing the services described hereunder. The Program Manager shall not be
responsible for providing program management services related to individual
PARTIES permit programs, but may provide such services under separate contract
with any PARTY or PARTIES.
2.11 The Management Committee may select an attorney (Program
Attorney) or firm that is experienced with the Clean Water Act and Municipal
Stormwater NPDES Permits to provide legal advice to the Management.
Committee on all matters involving administration of the Program’s NPDES
permit and such other matters upon which the Management Committee may
seek legal advice Or request legal representation. Program Legal Counsel
shall not be responsible for providing legal advice related to permit
compliance to individual PARTIES, but may provide such services under
separate contract with any PARTY or PARTIES. The Program Manager may
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assist in coordination of activities with the Program Attorney but shall not give
direction without prior authorization from the Management Committee.
2.12 The Management Committee shall establish timelines and budgets for
completion of Program tasks. The Management Committee shall rate the
performance of the Program, and in turn rate the performance of the Program
Manager, based upon the Program’s ability to meet such approved timelines and
budgets.
2.13 The Management Committee, through its Bylaws, may establish
procedures for tracking, accounting for, and auditing the Program Fund.
Section 3.Program Budget
3.01 A collective budget for the Program (Program Budget) shall be based
upon a projection of two consecutive fiscal year cycles, however, the Budget shall
be adopted for only one fiscal year cycle. The Budget shall include a
Contingency/Reserve Fund which shall not exceed ten percent (10%) of the
operating costs of the adopted Budget.
3.02 The PARTIES shall each pay a yearly assessment into a fund established
for Program operations for their assigned portion of the Program Budget. The
proportionate share of the Program Budget that each PARTY shall pay is shown in
the schedule marked Exhibit A hereto and incorporated by reference herein.
3.03 Except as provided in Section 6.03, the ending fund balance at the close
of each fiscal year shall be disbursed annually to the PARTIES, or credited to the
PARTIES’ share of the next fiscal year’s costs, in accordance with the PARTIES
defined participation rates, as requested by each PARTY.
Section 4.Contracting/Fiscal Agent
4.01 DISTRICT shall serve as the initial Contracting/Fiscal Agent for the
Program.
4.02 DISTRICT may withdraw as the Contracting Fiscal Agent upon the
provision of ninety days (90) days written notice to the Management
Committee.
4.03 In the event that the Contracting/Fiscal Agent withdraws from the
Program or from providing Contracting/Fiscal Agent services to the Program,
another PARTY may serve as a successor Contracting/Fiscal Agent. Any
PARTY willing to serve as successor Contracting/Fiscal Agent may be
nominated by another PARTY. Selection of a Contracting/Fiscal Agent must
be by majority vote of the Management Committee.
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4.04 The Contracting/Fiscal Agent shall act in a reasonable amount of
time to execute contracts with Outside Contractors, including the Program
Manager, which have been requested and approved by the Management
Committee.
4.05 The Contracting/Fiscal Agent shall be the treasurer of Program
funds. TheContracting/Fiscal Agent, in accordance with generally accepted
accounting procedures, shall keep the Program funds segregated from any
other funds administered by the Contracting/Fiscal Agent; shall credit the
Program with appropriate interest income earned on Program funds in each
fiscal year; and shall not expend any funds except in accordance with the
annual budget approved by the Management Committee or as otherwise
directed by.the Management Committee.
4.06 The Contracting/Fiscal Agent shall provide a copy of any contract
executed on behalf of the Program to any PARTY or person designated by
any PARTY or the Management Committee upon request. The governing
body of the Contracting/Fiscal Agent, at its discretion, may delegate authority
to execute agreements and contracts approved by the Management
Committee, to a designated employee. Notice of any such delegation of
authority shall be provided to the Management Committee.
4.07 The Contracting/Fiscal Agent may request, as part of the annual
Program Budget, reimbursement for reasonable and customary costs
incurred in providing the services described hereunder. Reimbursement to
the Contracting/Fiscal Agent shall be subject to Management Committee
review and approval as part of the Program Budget.
Section 5.Ancillary Rights and Duties of the Parties
5.01 In addition to the participation in the Management Committee, the
PARTIESaccept and agree to perform the following duties:
1.Each will comply with the NPDES Permit conditions set forth in its
Community-Specific plan;
2.Each will participate in Management Committee meetings and other
required meetings of the PARTIES;
3. Each will implement its Community-Specific program;
o Each will provide certain agreed upon reports to the Program for purposes
of reporting, on a joint basis, compliance with applicable provisions of the
NPDES Permit and the status of Program implementation; and
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SCVURPPP MEMORANDUM OF AGREEMENT
Page 7 of 1~
Each will individually address inter-agency issues, agreements or
other cooperative efforts.
5.02 This Agreement does not restrict the PARTIES from the ability to
individually (or collectively) request NPDES Permit modifications and/or initiate
NPDES Permit appeals for permit provisions to the extent that a provision affects an
individual party (or group of PARTIES); however, any such PARTY (or PARTIES)
shall make reasonable efforts to provide advance notice of their action to the other
PARTIES and allow them to comment upon or join in their action before proceeding.
Section 6.Term of Agreement
6.01 The term of this Agreement shall commence on the date the last duly
authorizedrepresentative of the PARTIES executes it.
6.02 This Agreement shall have a term of five (5) years.
6.03 Any PARTY may terminate its participation in this Agreement by giving the
Chair of the Management Committee at least thirty (30) day written notice. The
terminating PARTY will bear the full responsibility for its compliance with the NPDES
Permit commencing on the date it terminates its participation, including its
compliance with both Community-Specific and Program-wide responsibilities, unless
the termination is scheduled to be effective at the close of the fiscal year in which
the notice is given, termination shall constitute forfeiture of all of the terminating
PARTY’s share of the Program Budget, for the fiscal year in which the termination
occurred (both paid and obligated but unpaid amounts). In addition, unless notice of
termination is provided at least ninety (90) days prior to the date established by the
Management Committee for approval of the budget for the succeeding fiscal year,
termination shall constitute forfeiture of all of the terminating PARTY’s share of any
unexpended, unencumbered funds remaining from all previous fiscal years. The
cost allocations for the remaining PARTIES’ may be recalculated for the following
fiscal year by the PARTIES without the withdrawing PARTY’s participation.
Section 7. - General Legal Provisions
7.01. This Agreement supersedes any prior agreement among all the PARTIES
regarding the Program, but does not supersede any other agreements between any
of the PARTIES.
7.02 This Agreement may be amended by unanimous written agreement of the
PARTIES. All PARTIES agree to bring any proposed amendment to this Agreement
to their Council or Board, as applicable, within three (3) months following
acceptance by the Management Committee.
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SCVURPPP MEMORANDUM OF AGREEMENT Page 8 of 13
7.03 This Agreement may be executed and delivered in any number of copies
("counterpart") by the PARTIES, including by means of facsimile. When each
PARTY has signed and delivered at least one counterpart to the Program, each
counterpart shall be deemed an original and, taken together, shall constitute one
and the same Agreement, which shall be binding and effective as to the .PARTIES
hereto.
7.04 No PARTY shall, by entering into this Agreement, participating in the
Management Committee, or agreeing to serve as Fiscal Agent, Contracting Agent,
Program Manager, and/or Legal Counsel, assume or be-deemed to assume
responsibility for any other PARTY in complying with the requirements of the
NPDES Permit. This Agreement is intended solely for the convenience and benefit
of the PARTIES hereto and shall not be deemed to be for the benefit of any third
party and may not be enforced by any third party, including, but not limited to, the
EPA, the SWRCB~ and the RWQCB-SFBR, or any person acting on their behalf or
in their stead.
7.05 In lieu of and notwithstanding the pro rata risk allocation which might
otherwise be imposed between the PARTIES pursuant to Government Code
Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY
shall not be shared pro rata but instead the PARTIES agree that pursuant to the
Government Code Section 895.4, each of the PARTIES hereto shall fully defend,
indemnify and hold harmless each of the other PARTIES from any claim, expense or
cost, damage or liability imposed for injury (as defined by Government Code Section
810.8) occurring by reason of the negligent acts of omissions or willful misconduct of
the indemnifying PARTY, its officers agents or employees, under or in connection
with or arising from any work, authority or jurisdictions delegated to such PARTY
under this Agreement, including but not limited to any non-compliance by a PARTY
with its obligations under the Program NPDES Permit. No PARTY, nor any officer,
board member, employee or agent thereof shall be responsible for any damage or
liability incurred by reason of the negligent acts or omissions or willful misconduct of
the other parties hereto, their officers, board members, employees or agents under
or in connection with or arising from any work, authority or jurisdictions delegated to
such PARTY under this Agreement, including but not limited to any non-compliance
by a PARTY with its obligations under the Program NPDES Permit.
7.06 In the event that suit shall be brought by either party to this
contract, the Parties agree that venue shall be exclusively vested in the state
courts of the County of Santa Clara, or where otherwise appropriate,
exclusively in the United States District Court, Northern District of California,
San Jose, California.
III
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SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
SANTA CLARA VALLEY WATER DISTRICT, a body. corporate and politic of the State of
California
Date:.APPROVED AS TO FORM:
By:~By:
Chair, Board of Directors General Counsel
ATTEST:
By:Date:
General Manager
By:.
Date:
By:
Chair, Board of Supervisors
COUNTY OF SANTA CLARA, a public entity of the State of California
APPROVED AS TO FORM:
By:
Deputy County Counsel
ATTEST:
Date:
By:
CITY OF
Date:APPROVED AS TO FORM:
By: By:.
Name :Name :
Title:Title:
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Date:
CITY OF
APPROVED AS TO FORM:
By:
Name :
Title:
By:
Name:
Title:
CITY OF
Date:APPROVED AS TO FORM:
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By:
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By:,
Name :
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SCVURPPP MEMORANDUM OF AGREEMENT Page 11 of 13
Date:
CITY OF
APPROVED AS TO FORM:
By:
Name:
Title:
CITY OF
Date:
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Name:
Title:
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SCVURPPP MEMORANDUM OF AGREEMENT Page 12 of 13
Date:
CITY OF
APPROVED AS TO FORM:
By:
Name:
Title:
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Name:
Title:
Date:
CITY OF
APPROVED AS TO FORM:
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EXHIBIT A
SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM
SCHEDULE OF COST-SHARING PROPORTIONS
Jurisdiction Proportional Share
Campbell 1.88%
Cupertino 2.46%
Los Altos 1.59%
Los Altos Hills 0.43%
Los Gatos 1.74%
Milpitas 2.75%
Monte Sereno 0.14%
Mountain View 3.91%
Palo Alto 4.06%
Santa Clara 6.23%
Saratoga 1.59%
Sunnyvale 7.25%
Santa Clam County 5.94%
Subtotal 39.97%
San Jose 30.01%
District 30.02%
TOTAL 100.00%
76075_4 MOA.doc JRG:MGD 10/19/99
Santa Clara Valley
Urban Runoff
Pollution Prevention Program
BYLAWS
October 19,1999
Santa Clara Valley
Urban Runoff Pollution Prevention Program
BYLAWS
TABLE OF CONTENTS
ARTICLE I MANAGEMENT COMMITTEE ...........................................
100
110
120
130
131
132
133
134
135
136
137
Name of Committee
Voting Membership of the Management Committee
Office of the Management Committee
Meeting of Management Committee
Conduct of Meetings
Chair/Vice Chair of the Management Committee
Written Record of Meeting
Matters for Agenda
Voting
Representation of Program
Review and Revision of Bylaws and Policies
ARTICLE II THE PROGRAM .............................................................................................3
2O0 Program Manager
ARTICLE III
300
310
320
330
340
ARTICLE IV
40O
401
420
BUDGET ......................................................................................................4
Budget Structure
Review of Cost Share Allocation
Budget Cycle
Budget Funding
Budget Reconciliation
CONTRACTING .............................................................................................6
Consultant Selection
Request for Contracting Services
Contract Amendments
BYLAWS OF THE
SANTA CLARA VALLEY
URBAN RUNOFF POLLUTION PREVENTION PROGRAM
ARTICLE I MANAGEMENT COMMITTEE
Section 100 Name of Committee
The official management and oversight body of the Santa Clara Valley Urban Runoff Pollution
Prevention Program ("Program"), as established by "Agreement Providing for Implementation of
the Santa Clara Valley Urban Runoff Pollution Prevention Program" ("Agreement"), shall be known
and referred to in these Bylaws as the Santa Clara.Valley Urban Runoff Pollution Prevention
Program Management Committee "Management Committee.")
Section 110 Voting Membership of Management Committee
The voting membership of the Management Committee consists of one designated representative,
or designated alternate, of each of the Parties to the Agreement ("Co-Permittee(s)").
Section 120 Office of the Management Committee
120.1 The official office and mailing address of the Management Committee shall be that of
the Contracting/Fiscal Agent, as shown on Attachment I.
120.2 Copies of all correspondence to the Program shall be provided by the
Contracting/Fiscal Agent to the Chair of the Management Committee and the
Program Manager.
Section 130 Meeting of the Management Committee
The Management Committee shall hold regularly scheduled meetings to discuss Program business
each third Thursday of the month. In the case of cancellation, the Program Manager will post
notice and inform each Management Committee representative of the cancellation one week prior
to the regular meeting date. Except as otherwise may be provided by Co-permittees,the regular
meeting time and place of the Management Committee shall be:
9:00 a.m.- 12:00 p.m.
Sunnyvale City Hall
West Conference Room
456 West Olive Avenue
Sunnyvale, California 94088
Section 131. Conduct of Meetings
131.1 The elected Chair shall preside over Management Committee Meetings. In the
event the Chair is unable to attend the meeting, the order of substitution shall be
first, the Vice-Chair, and second, the Program Manager.
131.2 The latest edition of Robert’s Rules of Order may be consulted to provide guidance
to the Management Committee in the event a question is raised regarding procedural
matters.
131.3
Section 132
Public participation in Management Committee meetings is encouraged and shall be
recognized in general accordance with applicable Brown Act provisions.
ChairNice Chair of the Management Committee
The Chair and Vice Chair of the Management Committee shall be selected from among any of the
voting representatives. The Chair and Vice Chair shall be nominated and voted for annually in
separate motions by the Management Committee.
Section 133 Written Record of Meeting
The Program Manager shall keep a written record of all Management Committee proceedings and
votes ("Minutes") Minutes shall be approved by the Management Committee.
Section 134 Matters forAgenda
134.1 Proposed action items shall be directed to the Program Manager as early as
possible and at least two weeks prior to the Management Committee meeting at
which action will be requested, except for urgency or emergency matters, as defined
under Government Code Sections 54954.2(b) and 54954.5 (the Brown Act).
134.2 Notification of Management Committee agendas shall be provided in accordance
with the Brown Act. Agendas shall be posted by the Program Manager at the
regularly scheduled meeting venue.
134.3 At each Management Committee meeting, the regular order of business shall be
conducted in accordance with the Agenda. The Management Committee, by
majority vote, may rearrange the order of the items listed on the agenda at any
meeting.
Section 135 Voting
All voting by the Management Committee shall be by "Ayes" and "Noes," and shall be entered into
official minutes of Management Committee proceedings. Upon request of any member of the
Management Committee, a roll call vote shall be taken on any matter upon which a vote is called.
Unless a roll call vote is requested, official recording of Management Committee votes shall be
either "passed" or "failed."
Section 136 Representation of Program
The Management Committee may designate the Program Manager or a Co-Permittee to represent the
Program at meetings or organizations as needed. The designated Co-Permittee shall be responsible for
making the necessary reports to the Management Committee.
Section 137 Review and Revision of Bylaws and Policies
Bylaws and Policies may be reviewed, revised and/or modified by the Management Committee upon
request by any Co-Permittee or recommendation of the Program Manager.
ARTICLE II THE PROGRAM
Section 200 Program Manager
200.1 The Management Committee shall select a Program Manager to provide
administrative and management services for the Program. The Management
Committee shall be responsible for establishing the scope of services and task
objectives for the Program Manager, including but not limited to:
200.1.1 The Program Manager shall facilitate Program activities that are assigned
by the Management Committee.
200.1.2 The Program Manager, as the day-to-day agent for the Management
Committee, shall be prepared to provide technical recommendations
and/or opinions on the course of action(s) undertaken by the Program or
by individual Co-Permittee(s) on behalf of the Program as a whole. The
Program Manager shall not be responsible for providing program
management services related to individual Co-Permittee(s) programs, but
may provide such services under separate contract with any Co-
Permittee.
200.1.3 The Program Manager shall maintain all current correspondence, minutes
and other Management Committee records.
200.1.4 The Program Manager shall make all correspondence known and
available to the Management Committee within forty-five (45) days, or as
directed by the Chair of the Management Committee.
200.1.5 The Program Manager shall be responsible for preparation, justification,
and production of the annual budget in accordance with Article II1.
200.1.6 The Program Manager shall follow Policy and Procedural guidelines
approved by the Management Committee in fulfilling its management,
oversight, and review functions. The Program Manager shall maintain
these Policies and Procedures in a Manual for the Program.
76077_3 Bylaws.doc 3
200.2
200.3
200.4
200.5
ARTICLE Iil
Section 300
300.1
300.2
300.3
The Program Manager shall provide official representation of the Management
Committee at organizations or functions as directed by the Management Committee.
The Program Manager may entertain requests for contract service to provide
additional support to individual Co-Permittee(s). Individual Co-Permittee(s) shall be
solely responsible for the payment of any fees or costs associated with such
additional support services. All such contract work must be reported by the Program
Manager to the .Management Committee..
The Program Manager, or other person designated by the Management Committee,
shall, on an annual basis, audit the Program and its activities on behalf of the Co-
Permittees. The audit will provide the basis for the evaluation of performance of the
tasks and (area-wide) functions approved for inclusion in the Program by the
Management Committee and shall be submitted to the Management Committee in
September of each year.
The Program Manager shall provide a self-audit report which includes significant
accomplishments, those items planned but not accomplished and feedback
regarding Program status, for submittal to the Management Committee in May of
each year.
BUDGET
Budget Structure
The Program budget shall be based upon a projection of two consecutive fiscal year
cycles; however, the Budget shall be adopted by the Management Committee each
year for the forthcoming fiscal year.
The Budget shall be formatted in a clear and concise manner, such that all
expenditures, revenue and adjustments to the budget are detailed by project and line
item (i.e., numerical reference and narrative description).
In addition to an end-of-the-year budget report, all expenditures, reallocation of funds
or movement of monies shall be documented in quarterly budget updates to the
Management Committee.
76077_3 Bylaws.doc 4
300.4 The Budget shall address operational Program tasks/projects separate from
supplemental or contractual services provided on a fee for service basis. Movement
of monies between individual line items shall be according to commonly accepted
governmental practices. No movement of monies between tasks shall be made
without prior approval by the Management Committee. Details for the budget
structure and arrangement shall be established by Management Committee policy.
300.5 The Budget shall include a Contingency/Reserve Fund which shall not exceed ten
percent (! 0%) of the adopted Budget’s operating costs.
Section 310
310.1
Review of Cost Share Allocation
The Management Committee shall review the proportionate Co-Permittee cost share
allocation upon formal written request by any Co-Permittee(s) no more frequently
than once annually. The written request must be delivered to the Management
Committee between June 1 and August 31 of any given year and any modification to
the cost share allocation shall be effective no earlier than the following fiscal year.
310.2 The formal written request shall also include an analysis of alternative cost share
allocation formulas with a recommendation and rationale for the recommendation.
The requesting Co-Permittee(s) is/are also responsible for providing staff liaison and
a proposed process and time schedule for review and analysis of the cost share
allocation.
Section 320 Budget Cycle
The annual budget cycle shall be as follows:
August - Prepare final End of Year Budget Report [for past fiscal year] including Fourth
Quarter Budget Update [activity report];
September Invoice Co-Permittees for current assessment;
Prepare next fiscal year Budget Report, projected over next two
consecutive fiscal years
Deadline to add proposals to nest fiscal year Budget
October -Propose next fiscal year Budget to Management Committee;
-Prepare First Quarter Budget Update
December Approve next fiscal year Budget [Management Committee];
Prepare Semi-Annual Budget Reconciliation Report for current fiscal
year and adjust current fiscal year Budget;
Janua~Initiate grant activity
Februa~Prepare Second Quarter Budget Update
76077_3 Bylaws.doc 5
April Propose End of Year Budget Report for current fiscal year and
adjust next fiscal year Budget;
Approve final adjusted Budget for next (upcoming) fiscal year
[Management Committee];
Prepare Third Quarter Budget Update
Section 330 Budget Funding
330.1 Funding of Program tasks shall be provided by Co-Permittees and shared in
accordance with previously defined participation rates found in the Agreement.
Budget expenditures shall not exceed projected Co-Permittee assessment revenues.
330.2 The Management Committee may approve the implementation of special projects
with independent funding options, however all required matching funds or additional
contributions to be made by the Program (e.g., contract administration, reporting,
staff review) must exist or be included within the approved Budget.
330.3 Invoicing for assessment of Co-Permittees shall occur on an annual basis, generally
in September of each year in accordance with the adopted Program Budget.
Section 340 Budget Reconciliation
The Program Manager shall reconcile the budget at least twice each year. The reconciliation shall detail
all revenue, expenditures, projected carryover funds, and refunds to Co-Permittees.
ARTICLE IV CONTRACTING
Section 400 Consultant Selection
The Management Committee will adopt a consultant selection process which is acceptable to the
contracting agent.. The process will establish a maximum duration for non-competitive (re-authorized)
award of contracts.
Section 410 Request for Contracting Services
The Management Committee will issue a formal request for contracting services to the Contracting Agent.
This request must be approved by a majority vote and include all appropriate supporting documents (final
Scope of Work, final approved budget, etc).
Section 420 Contract Amendments
Contract amendments whose budgets exceed 100% of the original budget will be opened up to outside
contractors using the adopted consultant selection process.
76077_3 Bylaws.doc 6
ATTACHMENT 1
Office of Management Committee/
Contracting Fiscal Agent
Santa Clara Valley Urban Runoff Pollution
Prevention Program
c/o General Manager
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
ATTACHMENT C
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALO
ALTO TO REAPPLY FOR REISSUANCE OF ITS MUNICIPAL
STORMWATER NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT
WHEREAS, the U.S. Environmental Protection Agency, under
amendments to the 1987 Federal Clean Water Act, imposed regulations
that mandate !ocal governments reduce to the maximum extent
practicable that amount of pollutants in storm water discharged
from municipal storm drain conveyance systems; and
WHEREAS, under authority of California Porter-Cologne Water
Quality Control Act, the State Water Resources Control Board and
its Regional Boards have been delegated the authority to adopt
NPDES permits and waste discharge requirements for municipa!
stormwater discharges, and;
WHEREAS, the San FrancisCo Bay Regional Water Quality
Contro! Board’s Water Quality Control Plan specifically requires
that all municipalities in Santa Clara County that discharge storm
water to San Francisco Bay and the Santa Clara Valley Water
District (District) have municipa! storm water NPDES permit
coverage, and;
WHEREAS, the San Francisco Bay Regional Water Quality
Control Board adopted an NPDES permit (CAS029718), Order No. 95-
180, on August 23, 1995 for the municipalities in Santa Clara
County and the District, as described above, and;
WHEREAS, the adopted NPDES permit requires that the
municipalities in Santa Clara County and the District reapp!y for
reissuance of their municipal stormwater NPDES permit by December
21, 1999, and;
WHEREAS, the Santa ~Clara Valley Urban Runoff Pollution
Prevention Program’s (SCVURPPP) Management Committee has compiled
the necessary information and prepared the application package for
NPDES reissuance, and;
WHEREAS, the permit application represents mainly a
continuation of the storm water pollution prevention and control
activities that are currently being implemented and associated
costs.
NOW THEREFORE, the Council of the City of Palo Alto does
hereby RESOLVE as follows:
991130 sdl 0032280 1
S.ECTION 1 ........The Council hereby agrees to reapply to the
San Francisco Bay Regional Water Quality Control Board for
reissuance of its municipal storm water NPDES permit.
SECTION 2.The Council commits to implement its Urban
Runoff Management Plan and its obligations with respect to the
area-wide components of the Santa Clara Valley Urban Runoff
Pollution Prevention Program (SCVURPPP) Urban Runoff Management
Plan subject to annual appropriation by the City Council. The
Council als~ authorizes the SCVURPPP’s Manager to sign and submit
the NPDES Permit Application Package to the San Francisco Bay
Regiona! Water Quality Control Board as part of the reapplication
for NPDES permit reissuance.
S.ECTIO~ 3. The City Clerk is hereby directed to forward
a copy of this Re~oluti.on to the SCVURPPP’s manager.
SECTIO~ 4.The Council finds that this is not a project
under the California Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Director of Public Works
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