December 14, 2004
SUBJECT: Approval of First Amendment to Memorandum of Agreement (MOA) Providing for the Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP)
REPORT IN BRIEF
This report recommends that the City Council authorize the City Manager to sign the First Amendment to the Memorandum of Agreement (MOA, Attachment A) Providing for the Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP or Program). Approval of this amendment to the MOA would continue the City’s participation in the Program and significantly assist in compliance with the City’s Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System Permit Requirements, pursuant to the Federal Clean Water Act.
BACKGROUND
In May 1990, Council approved an agreement that implemented the Santa Clara Valley Nonpoint Source Pollution Control Program (Agreement, Attachment B.) The Agreement joined the City of Sunnyvale with twelve other cities in Santa Clara County, plus the County and the Santa Clara Valley Water 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, outreach and education. The term of the agreement was five years with an automatic renewal provision upon the approval of the co-permittees at that time.
In December 1999, City Council approved the revision to the Memorandum of Agreement (MOA) that is currently in effect, which joins these same co-permitees under the program title of Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP or the Program) The current MOA also allows the Program to jointly apply for and implement aspects of the NPDES storm water discharge permits on behalf of these entities.
The MOA provided for a five-year term that is set to conclude as of March 10, 2005. The proposed Amendment would extend the terms of the Agreement beyond the original termination date of March 10, 2005, until such time as it was terminated by a co-permittee in accordance with Section 6.03 of the MOA. A party who terminates its participation in the MOA will bear the full responsibility for its compliance with the storm water NPDES permit requirements commencing on the date its participation is terminated. This includes compliance with both community-specific and program-wide responsibilities, which could be very costly to a co-permittee, given the loss of the economies of scale provided by participation in the area-wide Program.
The Program has initiated the application process for the fourth municipal storm water NPDES permit on behalf of the co-permittees under the conditions of the MOA. Members of SCVURPPP (including the City of Sunnyvale) expect to work within the Program to submit a reapplication for the Storm Water NPDES Permit in February 2005 and will continue to use the Program’s assistance in implementing the provisions of the current NPDES permit after March 10, 2005.
Sunnyvale’s share of the annual budget of the Program has remained at 7.25% under the cost-share provision of the Agreement. Current costs to the City in FY 04-05 for participation in the Program are $242,934.
By signing the MOA and approving the resolution, the City of Sunnyvale will extend the terms of the MOA beyond its original termination date of March 10, 2005, until such time that it is otherwise terminated by the City under Section 6.03 of the current MOA. This allows the City to continue its participation in SCVURPPP and in the area-wide programs for permit application, planning and implementation of permit conditions, water quality monitoring, and outreach and educational purposes.
EXISTING POLICY
Surface Runoff Sub-Element Policy 3.4, A.1 supports the City’s continued participation in SCVURPPP to identify and develop Best Management Practices to assure the reasonable protection of beneficial uses of creeks and San Francisco Bay, as established in the Regional Board’s Basin Plan and to protect environmentally sensitive areas.
Surface Runoff Sub-Element Policy 3.4, A.2 also states that the City will comply with regulatory requirements and participate in processes that may result in modifications to those requirements
DISCUSSION
The SCVURPPP is a nation-wide model for regional NPDES storm water permit compliance and is a leader in developing and implementing approaches to storm water issues for local Bay Area storm water programs. Approval of the amended MOA will provide the most cost-effective and efficient method to maintain continuity in the implementation of SCVURPPP activities. This includes the upcoming permit renewal activities on behalf of all the co-permittees and allowing for Sunnyvale’s continued participation in the area-wide program. Over the past four years, the City of Sunnyvale, working together with other co-permittees and with Program assistance, has made great strides in addressing pollutant specific and watershed based issues. This is in addition to those issues dealing with the new and redevelopment requirements of our NPDES storm water permit.
The City’s annual contributions for the SCVURPPP to implement the provisions of the NPDES Storm Water Discharge Permit region-wide have shown minimal increases between FY 02-03 and FY 04-05 ($232,209 in FY 02-03; $242,977 in FY 03-04; and $242,934 in FY 04-05). The Program’s budget has remained essentially flat despite the demands of significant increases in annual permit fees assessed by the Regional Water Quality Control Board and other additional fees and collaboration contributions to promote regional storm water programs and monitoring efforts. These financial demands have continued to reduce the overall operating budget for the Program. However, the City’s proportional share of the cost allocations of the SCVURPPP budget has remained stable at 7.25%.
It has proven to be a cost-effective and practical approach to work together with the co-permittees under the current MOA with SCVURPPP to find area-wide and region-wide solutions to permit requirements that can then be implemented on a local basis. Approval of the MOA amendment will allow for the City’s continued participation in the SCVURPPP and the preparation of the required new storm water permit application, in addition to the City’s involvement in area-wide activities that help the City to meet the requirements of its current NPDES storm water discharge permit.
FISCAL IMPACT
The fiscal impact of continuing to participate in the MOA, which includes the re-application for the City’s NPDES Storm Water Discharge Permit was planned for in the FY 04-05 Operating Budget for the Wastewater Management Fund. The City’s current budget to participate in the SCVURPPP is $242,934. If the City were to try to implement all of the NPDES Storm Water Permit provisions on its own without the assistance of the SCVURPPP, it is likely that significant additional City funds would be needed to ensure compliance with permit provisions.
CONCLUSION
Approving the amendment to the MOA to continue the City’s participation in the SCVURPPP will allow the City to utilize an area-wide approach for program development and provide a cost-efficient and effective way to comply with storm water NPDES permit conditions.
PUBLIC CONTACT
Public Contact was made through posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, and the availability of the report in the Library and City Clerk’s Office.
ALTERNATIVES
1. Authorize the City Manager to sign the Amendment to the Memorandum of Agreement, allowing the City’s continued participation in the Santa Clara Valley Urban Runoff Pollution Prevention Program. This action is 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 amendment to the Memorandum of Agreement and discontinue the City’s participation as a member of the SCVURPPP. This would require the City to pursue an individual approval for its NPDES storm water discharge permit.
RECOMMENDATION
Staff recommends Alternative 1: Authorize the City Manager to sign the Amendment to the Memorandum of Agreement, allowing the City’s continued participation in the Santa Clara Valley Urban Runoff Pollution Prevention Program. This action is supportive of the area-wide urban runoff pollution prevention program and will comply with state and federal law.