HomeMy WebLinkAbout10/6/2010 - STAFF REPORTS - 2.F.Date: October 6, 2010
Citv Council Staff Report
CONSENT CALENDAR
Subject: APPROVAL OF AN ADMINISTRATIVE SERVICES AGREEMENT FOR
COUNTY SERVICE AREA 152 NATIONAL POLLUTANT DISCHARGE
ELIMINATION PROGRAM WITH RIVERSIDE COUNTY
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
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The City and Riverside County first entered into an administrative services agreement
for the County Service Area 152 ("CSA 152") for the National Pollutant Discharge
Elimination System ("NPDES") on August 3, 1994 (Agreement No. 3349). The original
agreement had an indefinite term, and recent County policy requires that the agreement
have a specified term.
RECOMMENDATION:
1) Terminate Agreement No. 3349, and approve Agreement No. , an
Administrative Services Agreement for CSA 152 NPDES Program between
Riverside County and the City of Palm Springs; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The NPDES Program is a federally mandated program to control non -point sources of
runoff pollution. In 1972, the Federal Water Pollution Control Act ("Clean Water Act")
was amended to provide that discharge of pollutants to waters of the United States from
any point source is effectively prohibited, unless the discharge is in compliance with a
NPDES Permit. The Clean Water Act was amended in 1987 to establish a framework
for regulating municipal and industrial stormwater discharges under the NPDES
Program. In 1997, the City adopted Chapter 8.70 of the Municipal Code which
incorporates regulations of the NPDES Program.
The City is one of several co-Permittees to a NPDES Permit issued to Riverside County
by the Regional Water Quality Control Board. Issued for 5-year terms, an original
ITEM NO.._..G •` '
City Council Staff Report
October 6, 2010 - Page 2
Administrative Services Agreement for CSA 152 NPDES Program
NPDES Permit was issued in 1996, a second NPDES Permit was issued in 2001, and
the current NPDES Permit was issued in 2008. The NPDES Permit regulates the City's
current NPDES Program.
Riverside County originally formed CSA 152 to finance a portion of its programs and
obligations associated with the NPDES Permit. The City annexed into CSA 152 in
1993, to allow for the levy of assessments to offset the City's costs related to
administering the NPDES Program. The Administrative Services Agreement with
Riverside County facilitates the County's administration of the NPDES Program on the
City's behalf, to be offset by the special assessments collected in CSA 152. The special
assessment rate in Palm Springs is $3.63 annually per Benefit Assessment Unit
("BAU"). The BAU is defined as a single family home on a 7,200 square feet (1/6 acre)
lot. The special assessment rate of $3.63 per BAU has remain unchanged since 1993,
and pursuant to Proposition 218, can only be increased by a vote of the property
owners. No increase in the assessment is proposed, and the agreement with Riverside
County merely restates the formalities between the City and County in administering the
NPDES Program and using the CSA 152 special assessments for that purpose.
Riverside County policy requires that their agreements have a specified term. The
currently approved CSA 152 Administrative Services Agreement has an indefinite term,
and the County has provided a new Agreement that specifies a 5-year term to generally
coincide with the 5-year term of the NPDES Permit. Staff recommends the Agreement
be approved as presented, as it continues an existing cooperative agreement between
the City and County regarding the NPDES Program; the proposed Agreement has been
reviewed and approved by the City Attorney.
FISCAL IMPACT:
Pursuant to the previous CSA 152 Administrative Services Agreement, the City pays the
County a 6% administrative fee from its CSA 152 assessments. Sufficient funding is
budgeted annually in 124-4242-48400 for this administrative cost.
City Council Staff Report
October 6, 2010 - Page 3
Administrative Services Agreement for CSA 152 NPDES Program
SUBMITTED:
Prepared by:
Marcus L. Fuller
Assistant Director of Public Works
Approved by:
Thomas J. Wilson, Asst. City Manager
Attachments:
Agreement
Recommended by:
David" J. Barakian
Director of Public Works/City Engineer
David H. Ready, gn'ager
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1 ADMINISTRATIVE SERVICES AGREEMENT
K
3
FOR CSA 152 NPDES PROGRAM
BETWEEN
4 RIVERSIDE COUNTY AND CITY OF PALM SPRINGS
5
6 This Agreement, entered into as of this day of 2010 by th
T COUNTY OF RIVERSIDE, hereinafter called COUNTY," and the CITY OF PAL
8 SPRINGS, hereinafter called "CITY," establishes the responsibilities and obligations of
9 each party concerning the management and financing of COUNTY SERVICE AREA
10 152 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES),
11 hereinafter called "CSA 152."
12 RECITALS
13 ,WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water
14 Act (CWA) [33 U.S.C. 1342(p)]; and,
15 WHEREAS, Section 402(p) requires certain municipalities, construction and
16 industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES)
17 Permit before discharging stormwater into the waters of the United States; and,
18 WHEREAS, COUNTY and CITY have obtained or will obtain a municipal NPDES
1 g Permit for each of the three watersheds of the County; and,
20 WHEREAS, COUNTY has formed CSA 152 to finance a portion of its programs
21 and obligations associated with the municipal NPDES Permits and individual General
22 NPDES Permits; and,
23 WHEREAS, cooperation between COUNTY and CITY in the administration and
24 implementation of the NPDES Permits is in the best interests of COUNTY and CITY;
A
25 and,
26 WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution
27 No. 93-454 on December 21, 1993; and,
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1 WHEREAS, COUNTY and CITY are to perform certain duties prescribed in this
2 Agreement that will benefit all parties;
3 NOW, THEREFORE, the parties hereto do mutually agree as follows:
4 1. DELEGATION OF RESPONSIBILITIES. The responsibilities of each party shall
5 be as follows:
6 a. CITY shall assume the responsibilities and meet the requirements of CSA
7 152 administration for CITY by:
8 i. Providing additions to previous year's tax roll (if any) to be placed
9 on the upcoming fiscal year tax roll.
0 ii. Providing agenda item approving Benefit Assessment Unit (BAU)
1 Levy and CITY'S CSA 152 budget for each fiscal year.
2 iii. Notify COUNTY of any changes to Tax Rate Area of individual
3 parcels to be placed on Tax Roll.
4 iv. Research parcels that were rejected from list of Assessor Parcel
5 Numbers (APNs) submitted to County.
6 v. Notify COUNTY of any corrections to rejected parcels to be placed
7 on Tax Roll prior to Auditor Controllers deadline for submittal of
8 APNs.
vi. Submit to COUNTY requests for reimbursement of actual
expenditures incurred under provision of approved CITY CSA 152
budget.
b. COUNTY shall assume the responsibilities and meet the requirements of
CSA 152 administration for COUNTY and CITY by:
i. Forwarding of APNs received from CITY to Auditor Controller to be
placed on Tax Roll.
ii. Notify CITY of any rejected parcels.
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1 iii. Forward CITY'S corrections of rejected parcels to Auditor
2 Controller.
3 iv. Provide spreadsheet of CSA 152 assessments placed on tax roll
4 and fiscal year financial summary.
5 v. Collect assessment for CSA 152 on behalf of CITY.
6 vi. Reimburse CITY for actual expenditures incurred under provision of
7 approved CITY CSA 152 budget.
8
9 2. FEES AND PAYMENT. COUNTY shall administer CSA 152 for the benefit of
10 COUNTY and CITY. COUNTY shall charge six (6%) percent of new CITY CSA
11 152 annual revenue for administration.
12 3. TERM OF AGREEMENT. The term of this Agreement shall commence on the
13 date the last duly authorized representative of COUNTY or CITY executes it.
14 The term of the Agreement shall be five (5) years.
15 4. WITHDRAWAL FROM AGREEMENT. Either Party may terminate this
16 Agreement thirty (30) days after submitting written notice to other party. In the
17 event termination becomes effective, termination shall constitute forfeiture by the
18 terminating Party of its share of costs and administrative fees paid as described
19 in Section 2 of this Agreement up to the effective date of termination. The
20 terminating Party shall be responsible for all lawfully assessed penalties as a
21 consequence of termination.
22 5. AMENDMENTS TO THE AGREEMENT. This Agreement may be amended by
23 mutual consent of the parties to the Agreement. No amendment to this
24 Agreement shall be effective unless it is in writing and signed by the duly
25 authorized representatives of the parties.
26 6. GOVERNING LAW. This Agreement will be governed and construed in
27 accordance with laws of the United States and the State of California. If any
28 provision or provisions of this Agreement shall be held to be invalid, illegal, or
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unenforceable, the validity, legality, and enforceability of the remaining provisions
shall not in any way be affected or impaired hereby.
7. CONSENT TO BREACH NOT A WAIVER. No term or provision hereof shall be
deemed waived and no breach excused, unless such a waiver or consent is in
writing and signed by the Party so waiving or consenting. Any consent by any
Party to, or waiver of, a breach by the other Party, whether expressed or implied,
shall not constitute consent to, waiver of, or excuse for any other different or
subsequent breach.
8. APPLICABILITY OF PRIOR AGREEMENTS. This Agreement constitutes the
entire agreement between the parties with respect to the subject matter; all CSA
152 prior agreement, representations, statement, negotiations, and
understandings are superseded hereby.
9. HOLD HARMLESS. Each Party shall indemnify and hold harmless the other
party from liability or damages resulting from its own acts or omissions including
those of its officers or employees in the performance of this Agreement.
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1 IN WITNESS WHEREOF, this Agreement has been executed as of the day and year
2 first above written.
3
4 COUNTY OF RIVERSIDE,
5 On behalf of CSA 152
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7
8 Chairman, Board of Supervisors
9
10 Approved as to Form
11 County Counsel
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14 BY
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16 ATTEST:
17 Clerk of the Board
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20 BY
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CITY OF PALM SPRINGS
City Manager
Approved as to Form
City Attorney
ATTEST:
City Clerk
m
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