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HomeMy WebLinkAboutR-2002-031 City / Yakima County / City of Union Gap Interlocal Agreement for Funding & Development of a Stormwater Management PlanRESOLUTION NO. R- 2002 - 31 A RESOLUTION authorizing and directing the City Manager to execute an "Interlocal Agreement (ILA) for Funding and Development of Stormwater Management Plan." WHEREAS, under the Federal Clean Water Act, and other State of Washington requirements, urban areas must address environmental impacts of stormwater; and WHEREAS, to comply with these environmental requirements, a Stormwater Management Plan and Development Regulations are necessary; and WHEREAS, developing such documents through an ILA with local governments in the Upper Yakima Valley is determined to be an effective strategy to ensure compliance with environmental mandates; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: The City Manager is hereby authorized and directed to execute the attached and incorporated "Interlocal Agreement for Funding and Development of Stormwater Management Plan" with Yakima County and the Cities of Selah and Union Gap. ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 2nd day of April, 2002. ATTEST: Ja t-12--.-. City Clerk Mary Place, Mayor \\Isnt\Shared\City Clerks \ File -Sharing \ KAREN -S -FOLDER\ E-MAIL ENCLOSURES\Stornwater res.doc (3/28/02 2:08 PM) Page 1 of 1 INTERLOCAL AGREEMENT FOR COOPERATIVE FUNDING OF AND PARTICIPATION IN THE DEVELOPMENT OF A REGIONAL STORMWATER MANAGEMENT PLAN AND DESIGN MANUAL THIS AGREEMENT is made and entered into by and between YAKIMA COUNTY (hereinafter "COUNTY"), the CITY OF YAKIMA (hereinafter "YAKIMA"), the CITY OF UNION GAP (hereinafter "UNION GAP"), and the - "), when combined known as the "Parties". For and in consideration of the conditions, covenants, and agreements contained herein, the parties agree as follows: 1. PURPOSE. 1.01 To cooperatively: (a) fund and (b) participate in the development of a Regional Stormwater Management Plan (hereinafter "PLAN") and Stormwater Design Manual (hereinafter "MANUAL"), including the development of further Inter -local Agreements related to implementation of the PLAN for compliance with State and Federal laws governing stoiinwater management and, 1.02 Preparation of a regional Notice Of Intent for coverage under a State issued General Stormwater Permit for operation of a Municipal Separate Storm Sewer System. The combined work of 1.1 and 1.2 will be referred to as the "PROJECT". 2. BACKGROUND. Each of the parties generate stormwater runoff from private and public properties and from development activities that create additional runoff and/or affect the quality of runoff. Each of the Parties is required by State and Federal laws to seek permit coverage in March of 2003 for operation and maintenance of it's storm drain facilities and for it's permitting of further private and public development. Stormwater runoff may have undesirable effects on waters such as rivers, lakes, creeks, wetlands, and groundwater, as well as create health risks to citizens. Many times receiving waters and drainage systems cross jurisdictional boundaries making it important for jurisdictions to cooperate with each other on problem solving efforts. It is most economical to plan for programs and implement these programs in a cooperative fashion to avoid redundancy. It is also desirable for the citizens within and between each jurisdiction to have consistent and similar design criteria, stormwater development permitting requirements, and educational information related to stormwater management. 3. HISTORY. Staff within the COUNTY, YAKIMA, UNION GAP, and SELAH have met and discussed: (1) a regional cooperative approach for this PROJECT is most desirable, (2) a Preliminary Scope of Work for completing the PROJECT (EXHIBIT A), (3) the approximate cost to complete the Preliminary Scope of Work (EXHIBIT B), and (4) a fair division of project costs among the parties (EXHIBIT C). The COUNTY examined the overlap between the PROJECT and the activities of the Countywide Flood Control Regional Stormwater Planning ILA (March 2002) 1 Zone District (hereinafter "DISTRICT") and determined that the DISTRICT will contribute 50% of the funds needed on behalf of each of the parties (EXHIBIT C) to complete the work described in the Preliminary Scope of Work. This background work is the basis of this Interlocal Agreement. 4. DEFINITIONS. 4.01 "CONSULTANT", means one or more professionals who specialize in technical and programmatic aspects of stormwater management, public involvement, or legal services. 4.02 "COUNTYWIDE FLOOD CONTROL ZONE DISTRICT (FCZD)", means the special district formed by Yakima County to perform regional Flood Management and Drainage Planning and Projects. The special district's legislative authority is the Board of County Commissioners. The district's operating and financing authority is the County Engineer. 4.03 "DESIGN MANUAL", means a technical guidance manual that describes thresholds for requirements, allowable analytical methods, allowable stormwater quality and quantity control facilities, required content for stormwater site plans and studies, and other pertinent stormwater or surface water management information. 4.04 "FINAL SCOPE OF WORK", means the tasks and subtasks that are to be performed by a Consultant. 4.05 "GENERAL PERMIT", means a permit that is broad enough that it can be used to cover multiple permittees . The permittees may be widely spread across a state or geographic region. 4.06 "INDIVIDUAL PERMIT", means a separate permit that has been specifically crafted to cover a single permittee. 4.07 "INTER -LOCAL AGREEMENT", means an agreement between local jurisdictions. 4.08 "NOTICE of INTENT", means a document that must be completed by a party and submitted to the State to gain coverage under a State issued General Permit. 4.09 "NPDES PHASE 2", means the portion of the Federal Clean Water Act known as the Phase 2 of the National Pollutant Discharge Elimination System, particularly the portion addressing stormwater discharges to Waters of the Unites States (surface waters). When combined with State Law and implemented by the Washington State Department of Ecology, stormwater discharges to Waters of the State, including groundwaters, will also be addressed. 4.10 "PARTICIPATING JURISDICTION", means a jurisdiction such as a City or County that has agreed to participate in the PROJECT, and for which participation is governed by this agreement. 4.11 "PLANNING AREA", means the primary area where stormwater management planning work will be focused. 4.12 "PRELIMINARY SCOPE OF WORK", means the tasks and subtasks that have been reviewed and discussed by the Parties prior to selection of a Consultant. Regional Stormwater Planning ILA (March 2002) 2 4.13 "SPECIAL STUDIES", means work outside the agreed upon Final Scope of Work that may be requested by a participating jurisdiction. 4.14 "STORMWATER MANAGEMENT PLAN", means a planning document that states applicable stormwater regulations, local conditions, required projects, required programs, required staffing and equipment, legal requirements, and other pertinent information related to stormwater and surface water management. Such guidance being required to properly address local stormwater or surface water problems and comply with applicable regulations. 4.15 "URBAN AREA", means the area where total population amounts and population densities meet criteria set by the Federal Census Bureau. The local Urban Area will encompass Yakima, Union Gap, Selah, and portions of unincorporated land around these cities. 5. AGREEMENTS 5.01 CONSULTANT CONTRACT. The Parties agree to cooperatively select a preferred Consultant for the PROJECT and develop a Final Scope of Work. The Consultant shall contract with the COUNTY for the services required in the Final Scope of Work. The Final Scope of Work may deviate from the Preliminary Scope of Work only due to budgeting considerations but shall remain substantially in accordance with the Preliminary Scope of Work. The County shall receive, evaluate, and if approved, pay Consultant invoices. The County shall then divide the approved invoice amount by each Party's agreed upon proportion (EXHIBIT C) and bill each Party for it's share. Each Party shall reimburse the County for Consultant costs within 30 days of receiving the bill from the County. 5.02 DIVISION OF FUNDING RESPONSIBILITY. The Parties Agree that their individual proportionate share of the PROJECT costs shall be that described in EXHIBIT C. This division was based on a combination of population and land area within the estimated federally defined Urban Area and is agreed to be a Fair and appropriate division of Project costs. It is agreed that the DISTRICT shall contribute funds on the behalf of each Party in the amount of 50% of a Party's share to complete the Final Scope of Work. The DISTRICT is not obligated to contribute any funds towards Special Studies requested by any Party. The DISTRICT will evaluate the nature of any requested Special Studies and may, at it's discretion, contribute funds in a proportion determined appropriate by the DISTRICT. 5.03 PAYMENTS AND DEVIATIONS IN PROJECT COST. Unforeseen increases in the cost to complete the agreed upon Final Scope of Work due to change order or other means shall be discussed by the Parties and shall be agreed upon prior to expenditure of the additional funds by the Consultant. Unforeseen increases (consultant change orders) or decreases in PROJECT costs to complete the Final Scope of Work shall result in the increase or decrease of the funding required by each Party in the same proportional share as that shown in EXHIBIT C. 5.04 LIMITATION ON SPECIAL STUDIES REQUESTED BY EACH PARTY. The Parties agree that any deviations from the Final Scope of Work to conduct Special Studies, including extra work, requested by any one Party shall be paid for by that Party. In addition, such work shall only be performed upon consultation with and Regional Stormwater Planning ILA (March 2002) 3 approval by all Parties since impacts to the entire project schedule could occur. Upon approval of Special Studies, the COUNTY will implement a mechanism to track the costs of the Special Studies and will invoice the appropriate Party for related Consultant charges. 5.05 PLANNING AREA. The Planning Area for this PROJECT shall encompass the area required to execute the Final Scope of Work and address the Requirements of NPDES Phase 2 as implemented by the Washington State Department of Ecology. It is agreed that the Planning Area shall be treated as continuous during execution of the Final Scope of Work such that the level of work required within a specific Participating Jurisdiction, and costs for such work, shall not be differentiated from the level of work required within another Participating Jurisdiction, with the exception of Special Studies as discussed in Section 5.04. 5.06 LEGAL AND TECHNICAL REVIEW BY PARTIES. The performance and cost of legal and technical review of this agreement and future agreements or technical products developed as part of the PROJECT and required by an individual Party shall be the responsibility of that Party. It is agreed that funding for individual legal and technical review of agreements is not included in the cost to complete the Preliminary or Final Scope of Work and payment for such legal or technical review shall not reduce any Party's funding responsibility for the Project. 5.07 IN KIND CONTRIBUTIONS. There shall be no in-kind contributions of work by any Party that shall reduce that Party's funding responsibilities from the agreed upon amount (EXHIBIT C). This limitation on In -Kind work includes prior stormwater related work, staff or elected official time to participate in the PROJECT on management or advisory committees, copying costs, administrative costs, miscellaneous staff costs, and so on. This limitation shall not preclude the ability of any one Party to, upon agreement by all Parties, perform specific Tasks or Subtasks contained within the Final Scope of Work and be compensated from the Project Budget for such performance at an amount equal to the cost incurred. Costs incurred by any Party to complete tasks within the Final Scope of Work shall be treated as Consultant costs. 5.08 DURATION OF AGREEMENT. This agreement shall remain in effect for five (5) years. It is understood that the PROJECT will be pursued an aggressive schedule but could be delayed for various reasons. Generally it is expected that the majority of the project will be completed within 2 years of the date of an executed Consultant contract. 5.09 TERMINATION OF AGREEMENT. Any Party may terminate this agreement upon written notice to the other Parties. Effective termination date shall be the date that the last Party receives such notice. Any Party terminating this agreement shall not be entitled to a refund of funds expended and shall be responsible for payment of costs incurred by the Party up to the effective date of termination. Costs considered incurred shall include the terminating Party's proportionate share of consultant fees for work performed up to the date of written termination. A terminating Party shall not be entitled to receipt of final documents or products produced by the PROJECT after the effective date of termination. 5.10 DISPUTE RESOLUTION. Disputes related to conditions of this agreement shall first be attempted to be resolved by the representatives of the Parties. In the event that Regional Stormwater Planning ILA (March 2002) 4 disputes cannot be resolved to each Party's satisfaction, then mediation shall be pursued using the EPA Regional Dispute Center or other appropriate mediation venue. If disputes cannot be resolved by mediation, then, within applicable laws, enforcement of this agreement shall be instituted in the Courts of Yakima County, Washington. A prevailing Party shall be entitled to compensation for dispute related attorney fees within the limits of any applicable laws. 6.0 AUTHORITY. This agreement is executed in accordance with the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act. The following information is given pursuant to the provisions of RCW 39.34.030: (A) The duration of this agreement is five (5) years; (B) The COUNTY Surface Water Manager shall administer this agreement; (C) The Purpose of this agreement is as described in Section l; (D) Funding responsibilities for the work described by this agreement shall be that set forth in EXHIBIT C as conditioned within this agreement; (E) Termination of this agreement shall be as provided in Section 5.08 hereof; (F) This agreement shall be administered as described in Section 5 hereof; (G) Unless otherwise specifically agreed by the Parties, each Party shall have proportional ownership of all personal property acquired and utilized during this project. Each Party's proportional ownership shall be equal to it's actual cash contribution to the PROJECT divided by the actual total cost of the PROJECT. (H) Nothing in this agreement shall preclude any Party from developing and maintaining it's own stormwater management plan and design manual, or from seeking coverage under a stormwater permit for only it's jurisdiction. Regional Stormwater Planning ILA (March 2002) 5 SIGNATURE PAGES This Interlocal Agreement has been executed by the CITY OF YAKIMA, CITY OF UNION GAP, CITY OF SELAH, and YAKIMA COUNTY and is dated this "r`'( Day of 424,_40,706.2, , and shall remain in effect until the Day of aia, .�Q , 2007. Complete the above upon signature of the last participating Party. Regional Stormwater Planning ILA (March 2002) CITY OF YAKIMA Signing for Yakima: By: City Manager Attest: City Clerk CITY (-Xi F:f c ,;t:: Qo2C>/�Oa' oZ 1 RESOLUTION NO: ,Q__aODo? 63 r1 Regional. Stormwater Planning ILA (March 2002) 7 CITY OF UNION GAP Signing for Union Gap: ATTEST: Kathryn '4 ompson, ity y Clerk APPROVED AS TO FORM: Regional Stormwater Planning ILA (March 2002) 8 CITY OF SELAH Signing for Selah: Attest: By: Finance Director City Manager Date Mayor Public Works Director Regional Stormwater Planning ILA (March 2002) 9 YAKIMA COUNTY Attest: LO,J-r V U i)JOJL Clerk of the Board Signing for Yakima County: By: Chairman, Board of County Commissioners Date Public Works Direc-:r Countyministrator Regional Stormwater Planning ILA (March 2002) 10 EXHIBIT A PRELIMINARY SCOPE OF WORK Yakima Urban Areas Stormwater Management Plan and Design Manual Update Project A. Public, Irrigation District, & Tribal Involvement: 1. Invite Tribe and pertinent Irrigation Districts to participate and ask at what level they can. 2. Design a public, Irrigation District, and Tribal involvement plan. 3. Form advisory committee. 4. Develop goals and objectives for plan update. 5. Hold regular meetings during update project. 6. Presentations to elected & Tribal leaders. B. Public Education & Outreach: 1. Design an interim public education program aimed at: (1) educating citizens about surface water and groundwater issues and, (2) preparing UA citizens for the requirements of NPDES Phase 2 (potential property owner/developer impacts, funding needs, contractors, etc.). 2. Hold regular workshops and use all reasonable methods to get information out to public. 3. Partner with others where possible. C. Intergovernmental Coordination: 1. Contact Tribe and all participating jurisdictions and determine point of contact and who will be responsible for participating on a regular basis. 2. Design an intergovernmental coordination plan. 3. Hold regular intergovernmental coordination meetings for active participants. 4. Hold periodic joint "elected leader" meetings to keep them informed and foster the cooperation needed to implement Phase 2. 5. Prepare each jurisdiction for the formulation and adoption of Inter -local Agreements required to implement Phase 2. D. Agency Involvement (may be wrapped into Tribal & Public Involvement): 1 1. Contact agreed upon state and federal agencies and determine who can participate in this project. 2. Design an agency involvement plan. 3. Form an agency involvement and review committee. 4. Provide for agency involvement and review of products during project. 5. Partner with agencies and meet overlapping regulatory requirements where possible. E. Regulatory Background and Requirements: 1. List and discuss all relevant state and federal regulations. 2. Describe the requirements of basic NPDES Phase 2 and modified program to accommodate ESA. 3. Develop framework/flowchart/matrix for plan update project that shows how compliance guidance will be provided. 4. Describe overlapping regulations and programs. 5. Describe need for program inside UA and criteria for determining "sensitive" areas outside UA where modified surface water program needs to be done. F. Inventories & Mapping (Use Available Information, Mapping Results in ArcView): 1. Revise Urbanized Area mapping. 2. Define and map "sensitive" areas outside the UA 3. Delineate major drainage basins and minor subbasins in UA, show topography. 4. Walk and inventory condition of portions of (1) Wide Hollow & tributaries, (2) Ahtanum & tributaries, (3) Wenas, (4) Spring Creek, (5) Buckskin Slough, (6) Others?. Coordinate with Tribes & BOR and use any available infoiniation first. 5. Inventory Gleed area drainages. 6. Inventory & map diversions and irrigation canal alignments. 7. Review and revise incorporated and unincorporated area drainage system mapping (include local drainage patterns, ditches, pipes, CBs, DIDs, irrigation drains, irrigation channels, all known infiltration systems, differentiate between paved and unpaved roads, quantify and differentiate areas/parcels/roads that drain to: (1) surface waters, (2) infiltration systems, (3) DIDs, (4) irrigation drains, (5) irrigation canals and, (6) unknown. 8. Map all outfalls to Surface Waters within or from UA (DIDs, Stormwater, Irrigation Drains. Wastewater, etc.). 9. Map existing information about habitat, wetlands, and species presence within County. 2 10. Map all water quality limited stream segments within County and describe limitation. Discuss trends. 11. Inventory and map all existing public and private BMPs within the UA (infiltration systems, treatment systems, detention systems). 12. Map floodplains, floodways, and aerial flyover from 1996 flood. 13. Map subsurface geology and hydrogeology within UA. 14. Map known septic systems within UA. 15. Map known shallow, medium, and deep drinking water wells in UA. 16. Map soils within UA and describe infiltration and shallow groundwater characteristics. 17. Inventory & map problem areas (flooding, drainage, water quality, ESA, other). 18. Map primitive, historical, existing, and expected future land uses within UA. Describe effects on runoff amounts. 19. Map climate/rainfall information. 20. Map impervious surface coverage by parcel inside UA. G. Hydrology/Hydraulics: 1. Describe rainfall information for relevant design storms. 2. Describe hydrologic analysis method likely to be acceptable to Ecology. 3. Estimate sub -basin runoff for existing and future conditions. 4. Estimate amount or % of annual runoff going to each "outfall" within each subbasin (to DID, to infiltration, to surface waters, to irrigation drains, to irrigation canals) for existing and future conditions. 5. Estimate capacity of exiting facilities to accommodate current and future flows. 6. Identify hydraulic problems and possible solutions. 7. Identify areas where detention would be required for any new runoff to surface waters. 8. Develop and apply a GIS "tool" to allow a uniform method of estimating expected runoff by parcel based on site conditions. Use to estimate flows to on-site infiltration systems. Can also be used to estimate flows leaving site for various design storms. H. Water Quality Conditions: 1. Review water quality conditions within each subbasin in the UA and selected areas outside of the UA. 2. Discuss likely sources of water quality concerns for each limited stream. 3. Estimate loading of dissolved and total pollutants to each "outfall" by storm and by year for within the UA. 3 4. Itemize and discuss areas within UA where water quality and runoff is particularly bad and describe possible solutions. 5. Discuss potential TMDLs to be developed in the County and impacts on preferred BMPs in that basin. I. Review, Revise, Identify, and Develop Alternative CIPs for Within the UA: 1. Develop alternatives to solve problems within each subbasin (differentiate projects by individual responsibility versus joint responsibility). 2. Discuss known problems for selected areas outside the UA. 3. Address hydraulic capacity problems separately from water quality problems. 4. Differentiate between problems due to large floods versus ongoing drainage problems. 5. Provide costs specific to each jurisdiction for each project. 6. Provide likely schedule for implementation of projects. 7. Evaluate CIP alternatives based on criteria developed by participating jurisdictions and advisory committee. J. Surface Water Management Program Description: 1. Describe general program requirements to comply with NPDES and ESA. 2. Discuss approach for within the UA and approach for the County in "sensitive" areas outside the UA. 3. Include permitting programs. 4. Describe existing programs and equipment for each entity that at least partially satisfy regulatory requirements and list deficiencies. 5. Review/revise operations and maintenance program information. 6. Describe staffing and equipment within each jurisdiction to carry out agreed upon required program activities (permitting & inspection, inspection & maintenance, plan review, technical assistance, planning & GIS, records & reporting, public education & outreach, illicit discharges, etc.). K. Describe Preferred Program and CIPs: 1. Describe preferred surface water management program activities and staffing requirements for each jurisdiction. 2. Estimate staffing costs and phasing of when staff are hired. 3. Describe preferred CIPs, costs, individual jurisdictions responsibility, schedule for implementation, funding approach for each CIP. 4 4. Describe types of agreements, coordination, and information sharing between participating jurisdictions that will be needed to implement the NPDES/ESA based program. L. Financial Plan: 1. Describe all methods of funding program elements, equipment purchases, and CIPs. 2. Select preferred funding approaches. 3. Divide funding responsibility by jurisdiction. 4. Based on the preferred program, CIPs, and schedule, perform a financial analysis that estimates annual funding needs for each participating jurisdiction. 5. Detennine how much of each funding need for each jurisdiction should be derived from each chosen mechanism. 6. Perform rate analysis for any utility and set rates and permitting and plan review fees for each jurisdiction. M. Legal Requirements: 1. Describe each type of ordinance that will be required to implement the NPDES Phase 2 program. 2. Review existing ordinances of each participating jurisdiction and describe deficiencies. 3. Obtain several examples of each type of ordinance from Phase 1 communities. 4. Evaluate example ordinances and modify preferred ones as appropriate for application in the Yakima UA. 5. Provide draft ordinances for adoption by each jurisdiction. N. Design Methods and Standards (Construction Sites and Post Construction): 1. Track the development of the Eastern Washington Stormwater Manual and Model NPDES Phase 2 program. 2. Review and revise hydrologic and hydraulic methods and provide resources and examples needed for the "design Manual". 3. Review and revise the water quality and quantity BMPs allowed and, based on local water quality conditions/concerns describe allowed BMPs in each subbasin. 4. Develop a risk based approach to applying infiltration systems and pretreatment requirements (based on soil conditions, GW conditions, local drinking water wells, land use, etc.). 5 O. Document Preparation 1. Stormwater Management Plan. Prepare hard copy of the Comprehensive Surface Water Management Plan and digital (.pdf) files necessary for placement on County/City Web site. 2. Surface Water Design Manual. Prepare hard copy of the Yakima Area Design Manual and digital (.pdf) files necessary for placement on County/City Web site. 3. Design Details. Prepare standard details in electronic format so they can be downloaded from website or purchased on CD for use by developers and consultants. P. Project Management 1. Perform high level project management and client interface for this fast track project. Q. Formulation and adoption of Inter -local Agreements required to implement NPDES Phase 2 on a "watershed/regional" basis (must mesh with financial plan (Task L) and intergovernmental coordination (Task C)): 1. Outline expected inter -local issues related to NPDES Phase 2 implementation (lead entity responsibilities, program elements implemented by lead entity versus each entity, liabilities, funding programs versus CIPs, etc.) 2. Involve staff and elected leaders for each participating jurisdiction. 3. Obtain and review agreements used by Phase 1 entities (King County, Snohomish County, Unified Sewerage Agency, etc.) 4. Review & analyze needed information from UA Surface Water Management Plan (program responsibilities, program costs, equipment responsibilities, equipment costs, CIP responsibilities, CIP costs, etc.) 5. Draft agreements that are fair and protective of each participating jurisdiction's interests. 6. Obtain needed legal and financial reviews. 7. Support adoption of agreements by each participating jurisdiction. R. Preparation of Notice of Intent for Coverage under Phase 2 General NPDES Permit: 1. Coordinate with all participating jurisdictions seeking coverage under one NPDES permit. 2. Obtain and review the NPDES Phase 2 general peihiit prepared by Ecology. 3. Review the Model Eastern Washington NPDES Phase 2 Program prepared by Ecology. 4. Obtain and review examples of Phase 1 NPDES applications. 5. Assemble information and mapping required to prepare the NPDES Phase 2 Notice of Intent. 6 6. Prepare and submit the Notice of Intent and Coordinate with Ecology as required. 7 EXHIBIT B PRELIMINARY BUDGET Yakima Urban Areas Stormwater Management Plan and Design Manual Update Project Task # Task Description Approximate Cost* A Tribal & Public Involvement: $15,000 B Public Education & Outreach: $25,000 C Intergovernmental Coordination: $15,000 D Agency Involvement: $5,000 E Regulatory Background and Requirements- $10,000 F Inventories & Mapping: $70,000 G Hydrology/Hydraulics. $45,000 H Water Quality Conditions. $30,000 I Review, Revise, Identify, and Develop Alternative CIPs: $20,000 J Surface Water Management Program Description: $20,000 K Describe Preferred Program and CIPs: $15,000 L Financial Plan: $20,000 M Legal Requirements. $20,000 N Design Methods and Standards: $20,000 O Document Preparation: $30,000 P Project Management: $40,000 Q Formulation and Adoption of Inter -local Agreements: $50,000 R Preparation of Notice of Intent: $50,000 Total For All Work = $500,000 * Actual Task Costs May Vary Upon Development Final Scope of Work & Budget EXHIBIT C FUNDING RESPONSIBILITIES & COUNTYWIDE FLOOD CONTROL ZONE DISTRICT CONTRIBUTION Yakima Urban Areas Stormwater Management Plan and Design Manual Update Project Funding responsibilities based on estimated Urbanized Area and 2000 Census data. Urbanized Land Area O Total Urbanized Area = 58 sq. mi. = 100% O Yakima Co. Urbanized Area = 25 sq. mi. = 43% O Yakima Urbanized Area = 23.5 sq. rni. = 40% O Union Gap Urbanized Area = 5 sq. mi. = 9% O Selah Urbanized Area = 4.5 sq. mi. = 8% Estimated Project Cost: $500,000 Urbanized Population O Total Urbanized Area Pop = 110640 = 100% O Yakima Co. Urbanized Area Pop. = 20395 = 18% O Yakima Urbanized Area Pop. = 78310 = 71% O Union Gap Urbanized Area Pop = 5625 = 5% O Selah Urbanized Area Pop. = 6310 = 6% Table A. FundinE Responsibility Table Without Selah Participation FCZD = Countywide Flood Control Zone District Table B. Funding Responsibility Table With Selah Participation Yakima County Yakima Union Gap Selah % Area 43% 40% 9% 8% % Population 18% 71% 5% 6% Ave of Pop. & Area % 30.5% 55.5% 7% 7' o Agreed Upon % 46.5% 46.5% 7% 1'0 Project Funding Share $232,500 $232,500 $35,000 $0 FCZD Contribution (50%) $116,250 $116,250 $17,500 $0 Funds From Cities & Co. $116,250 $116,250 $17,500 $0 FCZD = Countywide Flood Control Zone District Table B. Funding Responsibility Table With Selah Participation FCZD = Countywide Flood Control Zone District Sources of Funds for Project Without Selah Partic. O Yakima County = $116,250 O Yakima = $116,250 O Union Gap = $17,500 O Selah = $0 O Countywide FCZD = $250,000 Sources of Funds for Project With Selah Partic. O Yakima County = $107,500 O Yakima = $107,500 O Union Gap = $17,500 O Selah = $17,500 O Countywide FCZD = $250,000 Yakima County Yakima Union Gap Selah % Area % Population Ave of Pop & Area % 43% 18% 30.5% 40% 71% 55.5% 9% 5% 7% 8% 6% •O/ Agreed Upon % 43% 43% 7% 1 Project Funding Share $215,000 $215,000 $35,000 $.5,C00 FCZD Contribution (50%) $107,500 $107,500 $17,500 ',17,501 Funds From Cities & Co. $107,500 $107,500 $17,500 $17,500 FCZD = Countywide Flood Control Zone District Sources of Funds for Project Without Selah Partic. O Yakima County = $116,250 O Yakima = $116,250 O Union Gap = $17,500 O Selah = $0 O Countywide FCZD = $250,000 Sources of Funds for Project With Selah Partic. O Yakima County = $107,500 O Yakima = $107,500 O Union Gap = $17,500 O Selah = $17,500 O Countywide FCZD = $250,000 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.19 For Meeting of: April 2, 2002 ITEM TITLE: Resolution Authorizing Execution of Interlocal Agreement for Cooperative Funding and Participation in the Development of a Regional Stormwater Management Plan and Design Manual SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Chris Waarvick, 575-6005 SUMMARY EXPLANATION: Staff respectfully requests Council approval of the attached resolution authorizing the City Manager and City Clerk to execute the attached "Interlocal Agreement for Cooperative Funding and Partication in the Development of a Regional Stormwater Management Plan and Design Manual (ILA)." This matter is brought for your consideration following a Joint Study Session with City and County elected officials and staffs regarding Stormwater Management in the Upper Valley, including the City of Yakima, to ultimately comply with federal and state environmental mandates. (Continued on next page) X Resolution Ordinance Other (Specify) Interlocal Agreement (ILA) Contract Mail to (name and address) : Phone: Funding Source: General City Contingency Fund - $112,250 APPROVED FOR SUBMITTAL : �., . .. �' City Manager STAFF RECOMMENDATION: Staff respectfully recommends that City Council approve the attached resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Staff has met with Councilmen Barnett and Mattson to review this submittal. Both Councilmen were in agreement for staff to bring this matter forward for Council consideration following cnir discussion of areas of concern noted at the City/County Study Session -- mainly surrounding the proposed scope of work outline found in Exhibit "A." The issue of all Known Available and Reasonable Technology (AKART) and Maximum Extent Practicable (MEP) were discussed with -the Councilmen in terms of their relative stringency. Additionally, we observed that much of the hydrology analyses found in the current Stormwater Manual is useable, with the major caveat being if Ecology requires a : _a Erosivity /LTl1 was brought up and will be new and different hydrologic model. Factoring iER ••ill analyzed for the purposes of this Stormwater Manual and construction run-off control. The attached "Summary of Phasing for the Yakima Area Regional Stormwater/Surface Water Management Plan Project" (title of document) clarifies a number of issues, which were also brought up at the stormwater study session. It provides a description of phasing and grouping of tasks. Best Management Practices (BMPs) will be developed through the Notice of Intent (NOI) submittal (March 2003) with the concept of providing flexibility for citizens and the community. advisable to provide more applicable BMPs than fewer f©r development It is �-r----------- -- j--- ----- applicable reasons of flexibility, compatibility, and cost effectiveness. The attached Exhibit "A" is only intended to be an outline of a more fully developed scope of work. Councilmen Barnett and Mattson saw a draft of the more fully developed scope of work and were comfortable with the progress made on that issue. One small change has been made to the scope of work outline. This is found under Exhibit "A", Item ''ri", Water Code Conditions, 4. With Council approval of this ILA, the County can proceed to execute the engineering contract with Entranco, Inc. of Bellevue and begin the work as will be found in the final scope of work. The funding description of this proposal is found in Exhibit "C". The City of Yakima's share of this cost is identified as $116,250. SUMMARY OF PHASING FOR Yakima Area Regional Stormwater/Surface Water Management Plan Project General Project has been broken into three phases: ❖ Phase 1: About Year 1 ❖ Phase 2: About Year 2 ❖ Phase 3: About Year 3+ Phase 1 focused on: (1) Implementation of an advisory committee, newsletters/publications, and open houses; (2) Intergovernmental Coordination work; (3) Addressing the issue of consolidated services with examples from other areas; (4) Addressing the regulatory deadline (including definition of BMPs to meet the minimum NPDES requirements & Preparation of NOI, or other liability limitation); (5) Preliminary estimate of each jurisdiction's CIP and Programs (& joint ones); (6) Preliminary financial work and support for a funding mechanism early in Phase 2; (7) Beginning to gather and update GIS/inventory/mapping work. Phase 2 focused on: (1) Continuation of Public Involvement and Outreach; (2) Continue intergovernmental coordination; (3) Finalization of Consolidated approach (with required MOU/ILA). (4) Completion of NPDES permitting (upon completion of permit, NOI, and guidance by Ecology); (5) Completion of preliminary financial analysis; (6) Implementation of funding mechanism (including up front work on ordinance, ILAs); (7) Continue mapping, GIS, inventory work; (8) Begin refinement of CIPs and Programs (9) Completion of Design Manual (based on E. WA. Manual) (10) Provide ordinances required by NPDES/UIC (possibly complete adoption) 1 Phase 3 focused on: (1) (2) (3) (4) (5) (6) (7) (8) (9) Continuation of Public Involvement and Outreach; Continue intergovernmental coordination; Advanced Hydrologic, Hydraulic, and Water Quality analysis; Completion of Risk Based UIC approach; Finalization of CIPS and Programs Finalization of Financial analysis and update of Funding Mechanism;. Develop digital design details for stormwater facilities; Complete and adopt final Regional Plan & ordinances; Implementation of some NPDES requirements; CIP = Capital Improvement Plan/Project NPDES = National Pollutant Discharge Elimination System UIC = Underground Injection Control Program NOI = Notice of Intent ILA = Inter -local Agreement MOU = Memorandum of Understanding GIS = Geographic Information System BMP = Best Management Practice 2 Yakima County, City of Yakima, and City of Union Gap Draft Scope of Work and Conceptual Approach for the Yakima Urban Areas Stormwater Management Plan and Design Manual Draft Scope of Work Goals, Priorities, Products, Schedule and Expectations Elements within the Scope of Work Phase 1 Program Assessment, NOI Development and Financial Plan and Rates (Years 1-2) Phase 11 - Phase III Program Development, Utility Formation and Program and NOI Implementation, Final CIP and NOI Implementation Technical Studies (Years 2-3) (Years 3-5) Projects/Phase Initiation Al. Kickoff Meeting/Project Management Plan B1. Collect, review, evaluate existing data • Phase I Kickoff Meeting, Project Management Plan • Phase I Data Collection • Phase II Kickoff Meeting,Project Management Plan g • Phase II Data Collection • Phase III Kickoff Meeting, Project Management Plan • Phase III Data Collection Public Involvement and Education A. Tribal and Public Involvement B. Public Education and Outreach C. Intergovernmental Coordination D. Agency Involvement County Support: • Develop Public Involvement Plan (PIP) and Education Program • Implement Phase I PIP and Education Program - Including forming and using advisory committee • Define Consolidated Services County to develop and implement intergovernmental and agency plan. • Review, update PIP, based on NOI • Implement Phase II PIP and education programs • Continue Advisory Committee • Develop and conduct PIP, as needed to form SWM utility • Finalize Consolidated services (adopt MOU/ILA) County continues intergovernmental and agency coordination. • Review, update PIP as/if needed • Continue PIP per NOI County continues intergovernmental and agency coordination. Mapping and Technical Studies F. Inventory and mapping G. Hydrology/hydraulics H. Water quality conditions I. Review, revise, identify alternative CIPs County Support: • Coordinate, guide, review, County GIS mapping process and products. County to inventory maps and characterize drainage systems and facilities. • Coordinate with County GIS staff, review products. • Use County parcel impervious data to estimate number of ERUs in County and the two cities. County to complete GIS base maps and develop information and database for utility billing system. • Conduct hydrology/hydraulic analysis • Conduct water quality analysis • Develop model and alternative CIPs. County reviews and updates GIS base maps and utility billing database. SWM Program Development and Funding J. SWM Program description E. Regulatory background and requirements K. Preferred SWM Program and CIP L. Financial Plan M. Legal requirements N. Design wetlands and standards O. Document preparation Q. Form and adopt interlocals R. Prepare NOI County Support: • Review and asses existing SWM programs • Estimate CIP needs from existing data (no model) • Develop regulatory response strategy • Develop Prelim needed SWM programs • Develop Prelim financial plan with options and rates • Outline, develop and submit Prelim SWM plan • Outline, develop, and submit NOI (define BMPs) - County to develop and implement needed intergovernmental agreements • Package SWM program and rates for public presentation including: - Review/update CIP needs - Local SWM program and regulatory needs - Financial options/rates with utility and rate ordinances Track E. Wa. SWM planning process, use results to develop local design manual, BMPs and infiltration • Outline, develop and submit local design manual • Review existing and develop needed ordinances • Complete NPDES Permitting (Ecology provide NOI) County to participate in E. Wa SWM planning process • Develop model and alternative CIPs • Update, revise financial plan, costs and rates based on final CIP list • Outline, develop and submit standard design details. • Finalize stormwater plan & Adopt w/ordinances • Risk based UIC approach • Begin implementation of NPDES requirements Project Management P. Project management • Implement Phase I Project Management Plan • Monthly invoicing and reporting • Communication and management of subconsultants • Implement Phase II Project Management Plan • Implement Phase III, Project Management Plan J. Simmler, Entranco, Inc., 2-27-02 w\06-WATER\Yakima County\DraftScope(02/27/02):sks