This report recommends that the City Council authorize the City Manager to sign the revised MOA continuing the Santa Clara Valley Urban Runoff Pollution Prevention Program (Program) on behalf of the City of Sunnyvale. Approval of this MOA would continue the City’s participation in the Program to comply with the City’s Municipal Separate Storm Sewer System NPDES permit requirements, pursuant to the Federal Clean Water Act.

This report also recommends that the Council approve the resolution to apply for re-issuance of the City of Sunnyvale’s storm water NPDES permit.

In May 1990, the Council approved an agreement that implemented the Santa Clara Valley Nonpoint Source Pollution Control Program (Agreement). This Agreement joined the City of Sunnyvale, twelve other cities in Santa Clara County, and the Santa Clara Valley Water District (District) together as "Co-permittees." The Agreement allowed these entities to jointly apply for and implement their NPDES storm water permits. The Agreement outlined area-wide programs for cohesive program planning, water quality monitoring, and outreach and education. The term of the agreement was five years with an automatic renewal provision upon the approval of the co-permittees.

Sunnyvale’s share of the annual budget of the Program was 7.25% under the cost-share provision of the Agreement. A "Program Management Committee" managed the program, composed of representatives of each agency, with the District acting as the Program Administrator and Fiscal Agent.

The District chose not to continue as the Program Administrator in May 1997, and the Management Committee issued a Request for Proposals for a Program Manager. EOA, Inc., was selected to serve as the Program Manager through FY 00-01. The use of a contract Program Manager provided greater capacity to advance and monitor the Program.

The Program is in the application process for its third NPDES permit. Under this permit, the Co-permittees will continue to implement, annually evaluate, and improve their Plans while participating jointly in activities that are most efficiently implemented region-wide. State law requires submission of the NPDES application no later than December 21, 1999. The Management Committee and Program Manager have prepared the necessary application. By signing the MOA and approving the resolution, the City of Sunnyvale will be able to meet the application deadline.

The Program is a nation-wide model for NPDES storm water permit compliance. However, the Co-permittees recognized that the shift in the permit requirements from planning to local implementation meant that the Program needed to be restructured to better align its purpose with that of the new NPDES permit. Re-evaluation of the existing Agreement was timely and provided an avenue to ensure that the Program activities would better benefit the Co-permittees. In the years since the adoption of the first agreement, the annual budget for the program has grown from $900,000 in FY90-91 to approximately $2.7 million in FY 96-97. IN the current fiscal year (FY 99-00), the City of Sunnyvale is contributing $161,015 of a $2.2 million budget under the proportional cost-share arrangement of the MOA.

A subcommittee made up of representatives from the Santa Clara Valley Water District, the Cities of San Jose, Sunnyvale, and West Valley Communities (Campbell, Los Gatos, Monte Sereno, and Saratoga) evaluated the program and developed a revised MOA to meet the following goals:

1. Ensure the continued systematic and orderly compliance with permit requirements.
2. Contract out administrative tasks to reduce costs, increase Program performance, and promote efficiency.
3. Allow cost-share savings to be redirected into local program implementation.

The amended Bylaws (attached for information) further define the specific processes for Program operation, budgeting, and reporting.

The fiscal impact of this MOA and Resolution to apply for the re-issuance of the City of Sunnyvale storm water NPDES permit were planned for in the Sunnyvale Water Pollution Control Plant FY 99-00 Capital Budget.

Employee and public contact of this action is through publication on the City Council Agenda.

1. Authorize the City Manger to sign the revised MOA allowing the City’s participation in the Santa Clara Valley Urban Runoff Pollution Prevention (SCVURPP) Program. In addition, approve the Resolution to apply for the re-issuance of the City’s storm water NPDES permit as a co-permittee with other Santa Clara Water District Communities. These actions are supportive of the area-wide urban runoff pollution prevention program and will comply with state and federal law.
2. Do not authorize the City Manager to sign the MOA and discontinue the City’s participation as a member of the SCVURPP Program. This would be non-supportive of an orderly and systematic compliance strategy with the needs for area-wide storm water discharges.

Staff recommends Alternative #1; sign the MOA for the City’s continued participation in the SCVURPP Program and adopt the attached Resolution authorizing the City’s application for the re-issuance of the storm water NPDES permit as a co-permittee with other Santa Clara Water District communities.

Prepared by:

Lorrie Gervin
WPCP Environmental Division Manager

Reviewed by:

Marvin A. Rose
Director of Public Works

Approved by:

Robert S. LaSala
City Manager