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HomeMy WebLinkAbout2011-09-27; City Council; 20686; AUTHORITY MANAGER SIGN COST SHARE NPDES/TMDLCITY OF CARLSBAD - AGENDA BILL AB# 20 686 MTG. 9/27/1 1 DEPT. PEM DELEGATE AUTHORITY TO CITY MANAGER TO SIGN COST-SHARE AGREEMENTS RELATED TO NPDES/TMDL REGULATIONS DEPT. DIRECTOR ^%$f-~- CITY ATTY. M CITY MGR. UJ^ — RECOMMENDED ACTION: Adopt Resolution No. 2011-225 delegating authority to the City Manager or his/her designee to sign cost-share agreements with other Dischargers in amounts of $100,000 or less that are related to National Pollutant Discharge Elimination System (NPDES)/Total Maximum Daily Load (TMDL) regulations, and any orders issued by water quality regulatory agencies. ITEM EXPLANATION: Under the federal Clean Water Act's National Pollutant Discharge Elimination System (NPDES) and Total Maximum Daily Load (TMDL) requirements, different public agencies (known as Dischargers) are required to work collaboratively to address water quality issues through development and implementation of urban runoff management programs. The costs of goods and services related to NPDES/TMDL requirements are shared among the Dischargers through cost-share agreements. Some examples of cost-share agreements include the Carlsbad Watershed Urban Runoff Management Program (WURMP) cost-share agreement (example attached), regional Copermittee cost-share agreement, and TMDL Discharger cost-share agreements. Signature authority for cost-share agreements is not addressed in Carlsbad Municipal Code 3.28 (Purchasing). The existing municipal code gives the City Manager or his/her designee authority to approve contracts for goods and services in amounts of $100,000 or less. Delegating signature authority to the City Manager or his/her designee for cost-share agreements in amounts of $100,000 or less creates consistency in the city's policies regarding payments for goods and services. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. DEPARTMENT CONTACT: Elaine Lukey 760-602-7582 elaine.lukey@carlsbadca.gov FOR CITY CLERKS USE ONL Y / COUNCIL ACTION: APPROVED )6 DENIED [T- CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES Dn D D Page 2 FISCAL IMPACT: The city's adopted FY 11-12 budget for the Storm Water Protection Program includes funding for cost-share agreements related to the NPDES permit. If necessary, non-budgeted cost- share agreements will be funded through the appropriate mid-year budget adjustment process. EXHIBITS: 1. Resolution No. 2011-225 delegating authority to the City Manager or his/her designee to sign cost-share agreements with other Dischargers in amounts of $100,000 or less that are related to National Pollutant Discharge Elimination System (NPDES)/Total Maximum Daily Load (TMDL) regulations, and any orders issued by water quality regulatory agencies. 2. Carlsbad WURMP Cost-Share Agreement / 1 RESOLUTION NO. 2011-225 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DELEGATING AUTHORITY TO 3 CITY MANAGER OR HIS/HER DESIGNEE TO SIGN COST- SHARE AGREEMENTS WITH OTHER DISCHARGERS IN AMOUNTS OF $100,000 OR LESS THAT ARE RELATED 5 TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/TOTAL MAXIMUM DAILY LOAD REGULATIONS 6 AND ANY ORDERS ISSUED BY WATER QUALITY REGULATORY AGENCIES. 7 8 WHEREAS, under the federal Clean Water Act's National Pollutant Discharge 9 Elimination System (NPDES) and Total Maximum Daily Load (TMDL) requirements, 10 different public agencies (known as Dischargers) are required to work collaboratively to 11 address water quality issues through development and implementation of urban runoff 12 management programs; and WHEREAS, the costs of goods and services related to NPDES/TMDL 15 requirements are shared among the Dischargers through cost-share agreements; and 16 WHEREAS, signature authority for cost-share agreements is not addressed in 17 the Carlsbad Municipal Code 3.28. 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 19 Carlsbad, California, as follows that: 90 1. The above recitations are true and correct. 21 2. The City Manager or his/her designee is authorized to sign cost-share 22 agreements with other Dischargers in amounts of $100,000 or less that are 23 related to NPDES/TMDL regulations, and any orders issued by water quality regulatory agencies. 26 » 27 // 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 2 of the City of Carlsbad on the 27th day of September 2011, by the following vote to wit: 3 .. AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. 4" 5 NOES: None. 6 7 9 10 ABSENT: None. 11 MATT HALL, Mayor 12 ATTEST: 13 14 15 M. WOOD, City Clerk 16 (SEAL)i 17 18 19 20 21 22 23 24 25 26 27 28 Agreement to Share Cost of Carlsbad WURMP Program Management FY11-12 Whereas, Copermittees within the Carlsbad Watershed are required to cooperate in the development and implementation of a Watershed Urban Runoff Management Program (WURMP) pursuant to California Regional Water Quality Control Board, San Diego Region Order 2007-0001 (NPDES Permit No. CAS0108758), Section E, and; Whereas, the City of Carlsbad has agreed to provide management services as the Watershed Lead for the Carlsbad Watershed as identified in Table 4 of Order No. 2001- 01 and 2007-0001, for an administrative charge of 5% above contract costs, and; Whereas, the Carlsbad Watershed Copermittees include; City of Carlsbad, City of Encinitas, City of Escondido, City of Oceanside, City of San Marcos, City of Solana Beach, City of Vista, and County of San Diego; and Whereas, the Carlsbad Watershed Copermittees have agreed to share the costs of management of the WURMP in accordance to the Scope of Work in Exhibit A, and; Whereas, unused funds at the end of the fiscal year will be credited proportionally towards each Carlsbad Watershed Copermittee's cost-share amount in the following year. If this cost-share agreement is not renewed, unused funds will be refunded within 90 days after completion of contracted services or December 31, 2012, whichever is sooner. Now, therefore, the Carlsbad Watershed Copermittees agree to share the management costs per the table below, and to each submit payment to the City of Carlsbad in the amount listed in the table below within sixty days (60) of the date of execution of this Agreement. Total management costs for FY 11-12 are $31,581.28, plus 5% administrative costs of $1579.06, for a total agreed-upon cost rounded to the nearest dollar of $33,160. City of Carlsbad $5,525 City of Encinitas $3,411 City of Escondido $4,976 City of Oceanside $4,119 San Diego County $6,561 City of San Marcos $4,076 City of Solana Beach $ 541 City of Vista $3,951 Total Cost Share $33,160 The cost share is based in the regional 45/45/10 formula. Total Cost share amount may vary up to $1 based on rounding during calculations Employees and consultants of each Copermittee are not to be considered employees or consultants of any other Copermittee for any purpose whatsoever in the performance of this Agreement. Carlsbad WURMP Cost Share Agreement FY 11-12 Page 1 of 12 Agreement to Share Cost of Carlsbad WURMP Program Management FY11-12 This Agreement to Share Cost of Carlsbad WURMP Program Management 2011-2012 shall be effective and binding on all parties hereto commencing upon execution of the last party to date and sign the Agreement. This contract will be in effect from date of signing and will terminate on June 30, 2012 unless otherwise agreed upon in writing by amending this contract. Carlsbad WURMP Cost Share Agreement FY11-12 Page 2 of 12 Agreement to Share Cost of Carlsbad WURMP Program Management FY11-12 EXHIBIT A SCOPE OF REQUIRED SERVICES TASK 1 Ongoing WURMP Activities This task consists of coordinating the ongoing activities of the Carlsbad Watershed Copermittees, which includes organizing and facilitating meetings at a minimum frequency of monthly, unless agreed to by members as less frequently. Specific activities include coordinating speakers, preparing agendas and meeting minutes, coordinating with other watershed groups in the region, and coordinating with non-profit environmental groups as needed. Meetings will be held at the City of Carlsbad municipal offices at the Faraday Center unless otherwise agreed to by all parties. In addition, coordination with the Lead Copermittee at an estimate of 1 hour/week is required. Deliverables: • Meeting agendas to be distributed one week prior to meetings • Meeting summaries to document decisions made by WURMP Copermittees and topics discussed, to be distributed within one week of meetings • Technical materials and draft documents for review and discussion TASK 2 WURMP Annual Reports This task consists of coordinating the development of a WURMP Annual Report within 5 months of the end of each Fiscal Year (June 30). The specific sub-tasks of Task 2 will include: • Task 2.1 WURMP Annual Report Project Management Project management will consist of preparing a project schedule and coordinating submittals from the Copermittees to attain this schedule. This task will also include coordinating activities of the Watershed Copermittees, as well as with the other watershed groups within the region, as necessary. • Task 2.2 WURMP Annual Report Meetings The watershed coordinator will organize and facilitate monthly meetings for the watershed during the development of the WURMP Annual Report. These meetings can be coincident with the general WURMP meetings from Task 1. This task includes preparing materials for meetings and preparing meeting summaries, and may include a public presentation to interested non-profit environmental groups. • Task 2.3 WURMP Annual Report Preparation This task consists of preparing and submitting the WURMP Annual Report. Deliverables: • Schedule for report preparation as referenced in Task 2.1. • WURMP Annual Report outline, draft text from previous report and/or responsibilities assigned for activity sheet submittals as necessary. • Draft WURMP Annual Report Carlsbad WURMP Cost Share Agreement FY 11-12 Page 3 of 12 Agreement to Share Cost of Carlsbad WURMP Program Management FY11-12 • Final WURMP Annual Report • Copying and delivering the WURMP Annual Report TASK 3 Technical Support This task includes providing technical consultation on developing watershed activities and coordinating the implementation of these activities. This includes participation in the Regional WURMP Workgroup to develop consistent WURMP work products, such as water quality activities, and WURMP Annual Report and WURMP Update format. These work products will then be adapted for the Carlsbad Watershed. Deliverables: • List of watershed activities to be implemented by Copermittees • Technical materials for WURMP activity development and standardization TASK 4 Miscellaneous Activities This task is included to provide for miscellaneous tasks that the Watershed Copermittees deem necessary to be provided by the Coordinator. This task may include data coordination, response to RWQCB correspondence, writing/revising MOUs and cost- share agreements, presenting to Copermittee City Councils as needed, coordinating guest speakers, researching watershed programs in other parts of the State, country, and/or representing the Watershed at conferences or technical meetings. Carlsbad Watershed Copermittee Responsibilities This scope assumes that the Carlsbad Copermittees will be participating in the above activities. Each jurisdiction shall assign at least one person to serve as the representative Carlsbad Watershed Copermittee to participate in watershed meetings, collaborate on developing watershed activities and strategies, oversee the implementation and reporting of watershed activities in their respective jurisdictions, prepare and submit draft activity sheets to the Coordinator before August I annually,, and review and comment on work products. The Watershed Lead (Carlsbad) will attend Regional WURMP Watershed Lead workgroup meetings, represent the Watershed at Copermittee meetings as necessary, and administer any necessary consultant contracts. Carlsbad WURMP Cost Share Agreement FY 11-12 Page 4 of 12 Agreement to Share Cost of Carlsbad WURMP Program Management FY11-12 For the City of Carlsbad By: r >fov^ S/AJ^/^-^ ' ' Date: 9/c2 *l 11 'tie: L'fL, /HaTitle Carlsbad WURMP Cost Share Agreement FY 11-12 Page 5 of 12 Agreement to Share Cost of Carlsbad WURMP Program Management FY11-12 For the City of Encinitas By: Date: Title: Carlsbad WURMP Cost Share Agreement FY 11-12 Page 6 of 12 Agreement to Share Cost of Carlsbad WURMP Program Management FY11-12 For the City of Escondido By:Date: Title: Carlsbad WURMP Cost Share Agreement FY 11-12 Page 7 of 12 ii Agreement to Share Cost of Carlsbad WURMP Program Management FY11-12 For the City of Oceanside By: Date: Title: Carlsbad WURMP Cost Share Agreement FY 11-12 Page 8 of 12 a Agreement to Share Cost of Carlsbad WURMP Program Management FY11-12 For the City of San Marcos By: Date: Title: Carlsbad WURMP Cost Share Agreement FY 11-12 Page 9 of 12 Agreement to Share Cost of Carlsbad WURMP Program Management FY11-12 For the City of Solana Beach By: Date: Title: Carlsbad WURMP Cost Share Agreement FY 11-12 Page 10 of 12 If Agreement to Share Cost of Carlsbad WURMP Program Management FY11-12 For the City of Vista By: Date: Title: Carlsbad WURMP Cost Share Agreement FY 11-12 Page 11 of 12 Agreement to Share Cost of Carlsbad WURMP Program Management FY11-12 For the County of San Diego By: Date: Title: For the County of San Diego By: Date: Title: Carlsbad WURMP Cost Share Agreement FY 11-12 Page 12 of 12