HomeMy WebLinkAboutR-2005-163 Yakima County / City of Moxee / City of Sunnyside / City of Union Gap Interlocal Agreement [re: regional stormwater comRESOLUTION NO. R-2005-163
A RESOLUTION authorizing and directing the City Manager of the City of Yakima
("Yakima") to execute Interlocal Agreement with Yakima County
("County", the City of Moxee ("Moxee"), the City of Sunnyside
("Sunnyside"), and the City of Union Gap ("Union Gap") for continued
cooperation in planning for regional stormwater compliance.
WHEREAS, Chapter 39.34 of the Revised Code of Washington, entitled "Interlocal
Cooperation Act," permits local governmental units to make the most efficient use of their
powers by enabling them to cooperate with other municipalities on the basis of mutual
advantage; and
WHEREAS, regionalizing common public services is a top strategic direction priority of
the Yakima City Council and through cooperative agreements such as this Interlocal Agreement,
partnerships and other collaborative arrangements, the City of Yakima is committed to
discovering and developing innovative ways to deliver critical public services to its residents and
to its neighbors; and
WHEREAS, the Federal Clean Water Act, 33 U.S.C. § 1251 et seq. and the Phase II
Stormwater Final Rule promulgated by the U.S. Environmental Protection Agency ("EPA")
require the operators of certain small municipal separate stormwater sewage systems ("MS4s") to
obtain National Pollutant Discharge Elimination System ("NPDES") permit coverage; and
WHEREAS, in Washington State, the EPA has delegated authority for the Federal Clean
Water Act, including development and administration of the Phase II municipal stormwater
management program, to the Washington State Department of Ecology ("Ecology"); and
WHEREAS, Ecology expects to issue the final NPDES Phase II Stormwater Permit for
Eastern Washington ("Phase II Stormwater Permit") in June 2006; and
WHEREAS, Ecology has determined that the County, Sunnyside, Yakima and Union
Gap must apply for coverage under the Phase II Stormwater Permit; and
WHEREAS, the County, Yakima and Union Gap previously entered into an Interlocal
Agreement for the Cooperative Funding of and Participation in the Development of a Regional
Stormwater Management Plan and Design Manual on April 9, 2002, under which the County,
Yakima and Union Gap have developed some elements of a stormwater management plan;
1
WHEREAS, the County, Yakima and Union Gap applied to Ecology for coverage under
the Phase II Stormwater Permit on March 10, 2003 and Ecology may determine in the future that
Moxee must apply for coverage under the Phase II Stormwater Permit requirements; and
WHEREAS, the Phase II Stormwater Permit requires municipalities subject to its terms
to have a stormwater management program that contains the following minimum elements:
public education and outreach, public involvement and participation, illicit discharge detection
and elimination, construction site stormwater control, post -construction stormwater management,
pollution prevention and good housekeeping for municipal operations, Total Maximum Daily
Loads ("TMDLs") requirements, and program compliance evaluation; and
WHEREAS, Ecology has established the Fiscal Year 2006 Phase II Municipal
Stormwater Grants Program ("Stormwater Grants Program") to provide funds to help local
communities meet the Phase II Stormwater Permit requirements; and
WHEREAS, under the Stormwater Grants Program, Ecology will fund selected
municipalities' eligible stormwater projects, including projects related to public education,
information and communication; review of existing and model stormwater programs;
establishing and refining stormwater utilities; conducting stormwater source inventories;
mapping stormwater sources; source control activities; and completing detailed stormwater
plans; and
WHEREAS, under the Stormwater Grants Program, there are special partnership set-
aside grant provisions under which Ecology may make a special grant to a group of
municipalities who enter into a partnership through an interlocal agreement ("Special Partnership
Grant"); and
WHEREAS, the Parties wish to continue their cooperative approach to complying with
state and federal standards for handling stormwater by securing a Special Partnership Grant for
their regional stormwater projects; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
authorize an Interlocal Agreement to allow for continued participation in the Stormwater Grants
Program with the County, Moxee, Sunnyside and Union Gap, now, therefore;
2
BE IT -RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached and incorporated "INTERLOCAL AGREEMENT FOR - DEVELOPMENT AND
IMPLEMENTATION OF PROJECTS RELATED TO REGIONAL STORMWATER
MANAGEMENT PLANNING" between the City of Yakima, Yakima County, the City of
Moxee, the City of Sunnyside and the City of Union Gap.
ADOPTED BY THE CITY COUNCIL this 1st day of November, 2005.
City Clerk
3
Paul P. George, Mayor
INTERLOCAL AGREEMENT
FOR
DEVELOPMENT AND IMPLEMENTATION OF PROJECTS RELATED TO
REGIONAL STORMWATER MANAGEMENT PLANNING
This agreement ("Agreement") is made and entered between Yakima County (the
"County"), the City of Moxee ("Moxee"), the City of Sunnyside ("Sunnyside"), the City of
Union Gap ("Union Gap") and the City of Yakima ("Yakima"), collectively the "Parties."
WHEREAS, Chapter 39.34 RCW provides for the formation of interlocal agreements that
enable local governments to effectively cooperate with each other to the benefit of local
communities;
WHEREAS, the Federal Clean Water Act, 33 U.S.C. § 1251 et seq. and the Phase II Stormwater
Final Rule promulgated by the U.S. Environmental Protection Agency ("EPA") require the
operators of certain small municipal separate stormwater sewage systems ("MS4s") to obtain
National Pollutant Discharge Elimination System ("NPDES") permit coverage;
WHEREAS, in Washington state, the EPA has delegated authority for the Federal Clean Water
Act, including development and administration of the Phase II municipal stormwater
management program, to the Washington State Department of Ecology ("Ecology");
WHEREAS, Ecology expects to issue the final NPDES Phase II Stormwater Permit for Eastern
Washington ("Phase II Stormwater Permit") in June 2006;
WHEREAS, Ecology has determined that the County, Sunnyside, Yakima and Union Gap must
apply for coverage under the Phase II Stormwater Permit;
WHEREAS, Ecology may determine in the future that Moxee must apply for coverage under
the Phase II Stormwater Permit requirements;
WHEREAS; the County, Yakima and Union Gap applied to Ecology for coverage under the
Phase II Stormwater Permit on March 10, 2003;
WHEREAS, the County, Yakima and Union Gap entered into an Interlocal Agreement for the
Cooperative Funding of and Participation in the Development of a Regional Stormwater
Management Plan and Design Manual on April 9, 2002, under which the County, Yakima and
Union Gap have developed some elements of a stormwater management plan;
WHEREAS, the Phase II Stormwater Permit requires municipalities subject to its terms to have
a stormwater management program that contains the following minimum elements: public
education and outreach, public involvement and participation, illicit discharge detection and
elimination, construction site stormwater control, post -construction stormwater management,
pollution prevention and good housekeeping for municipal operations, Total Maximum Daily
Loads ("TMDLs") requirements, and program compliance evaluation;
Stormwater Grant Interlocal Agreement — 1
Draft of 10/27/2005
WHEREAS, Ecology has established the Fiscal Year 2006 Phase II Municipal Stormwater
Grants Program ("Stormwater Grants Program") to provide funds to help local communities
meet the Phase II Stormwater Permit requirements;
WHEREAS, under the Stormwater Grants Program, Ecology will fund selected municipalities'
eligible stormwater projects, including projects related to public education, information and
communication; review of existing and model stormwater programs; establishing and refining
stormwater utilities; conducting stormwater source inventories; mapping stormwater sources;
source control activities; and completing detailed stormwater plans;
WHEREAS, under the Stormwater Grants Program, there are special partnership set-aside grant
provisions under which Ecology may make a special grant to a group of municipalities who enter
into a partnership through an interlocal agreement ("Special Partnership Grant"); and
WHEREAS, the Parties wish to continue their cooperative approach to complying with state and
federal standards for handling stormwater by securing a Special Partnership Grant for their
regional stormwater projects.
NOW, THEREFORE the Parties hereby agree as follows:
1. The purpose of this Agreement is to establish the Parties' responsibilities for the
development and implementation of NPDES Phase II stormwater activities, commencing with a
Value Engineering study of the currently proposed programs for the County, Yakima, and Union
Gap.
2. The County shall be the lead agency for the purposes of this Agreement.
3. The Parties will cooperate with each other and Ecology to negotiate the terms of the
financial assistance agreement required by the Stormwater Grants Program. The County will
execute and administer the financial assistance agreement with Ecology when approved by the
Parties.
4. The Parties will work together to accomplish the regional activities.
a. The Parties will cooperatively develop a scope of work for each regional activity
and will cooperatively select any consultant chosen to accomplish regional activities.
b. The consultant will contract with the County for the accomplishment of the
regional activities when approved by the Parties.
5. The regional activities shall be funded by the Special Partnership Grant. Each Party shall
otherwise bear its own administrative costs in carrying out this Agreement.
6. This Agreement does not create any separate legal or administrative entity.
Stormwater Grant Interlocal Agreement — 2 —
Draft of 10/19/2005
7. This Agreement is effective upon signature by all the Parties and shall remain in effect
through the first permit term, unless terminated earlier pursuant to its terms.
8. Any Party may withdraw from the Agreement upon thirty (30) days' written notice to the
other Parties. Subsequent agreements will be entered into to define financial obligation of the
Parties.
9. This Agreement shall terminate if Ecology fails to make a Special Partnership Grant to
the Parties, upon the withdrawal of at least four (4) of the Parties, or by mutual written
agreement of the Parties.
YAKIMA COUNTY
BY:
DAT :
CITY OF SUNNYSIDE
CITY OF MOXEE
BY:
DATE: / — 3 — o S'
CITY OF UNION GAP
BY:\ "� J 'r"' '!) BY:
DATE:DATE:
CITY OF YAKIMA
R. A. Zais
BY: City Manager
DATE:
K\25722\000071OL\DL A20HY
CITY CONTRAC r N0: -2x3- 91
RESOLUTION N0: A D.S /422
Stormwater Grant Interlocal Agreement — 3 —
Draft of 10/19/2005
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: November 1, 2005
ITEM TITLE: A) Public Hearing on Legislation deferring Stormwater utility fees,
B) Council action on ordinance amending and deferring
Stormwater utility fees, C) Resolution authorizing execution of
Interlocal Agreement with Yakima County and the cities of Union
Gap, Sunnyside, Moxee and Yakima for continued cooperation in
planning for regional Stormwater compliance, and D) Resolution
approving submittal of Stormwater Grant Application from the
Washington State Department of Ecology.
SUBMITTED BY: Chris Waarvick, Director of Public Works
CONTACT PERSON/TELEPHONE: Brett Sheffield, 576-6797
SUMMARY EXPLANATION:
(A and B) This Public Hearing concerns an ordinance deferring stormwater utility fees until
January of 2007. Last November, Council approved ordinance number 2004-73, which
established a stormwater utility. This ordinance stipulated that stormwater fees would begin in
January of 2006. Due to continued efforts to establish a regional stormwater management
plan with the County and adjacent cities, and expectant mid -year 2006 arrival of the National
Pollutant Discharge Elimination System (NPDES) Phase II eastern Washington general
permit, staff recommends that the City defer imposition of these fees until January 2007.
(continued on next page)
Resolution 2 Ordinance 1 Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: -
City Manager
STAFF RECOMMENDATION: Staff respectfully requests that Council: A) conduct the Public
Hearing on November 1, 2005 deferring stormwater utility fees until January 2007; B) adopt
the Stormwater utility ordinance amendment as presented; C) approve the resolution
concerning the Interlocal Agreement with other local jurisdictions to apply for a special
partnership grant from Ecology; and D) approve the resolution concerning the joint Ecology
grant application.
BOARD/COMMISSION RECOMMENDATION:
(A) Public Hearing was held. (deferring establish. of)
COUNCIL ACTION: (B) Ordinance passed. ORDINANCE NO. 2005-62<(stbrmwater utility fee)
(C) Resolution adopted. RESOLUTION NO. R-2005-163 (interloc. agmt.)
(D) Resolution adopted. RESOLUTION NO. R-2005-164 (grant application)
Page Two
At that time, the requirements of the stormwater management plan will be more clearly
defined and the degree of regional cooperation will be more fully understood.
IC and D) Through the 2005 state legislature, the Department of Ecology has $2.7 million in
grant money available to help Phase II communities start their stormwater management
programs. Ecology decided to allocate $75,000 each to the 32 jurisdictions that they
determined to be the most economically challenged. The cities of Yakima, Union Gap and
Sunnyside are included in the list of 32. Yakima County is not. In an effort to obtain an
additional $75,000 of funding for the regional Yakima area, the cities of Yakima, Union Gap,
Sunnyside and Moxee and Yakima County propose to apply for a special partnership grant,
with Yakima County acting as the lead agency for this grant. The Department of Ecology
indicated that some form of agreement between the parties of the joint grant application is
necessary to accompany the grant application. Once and if approved, Ecology would
negotiate further the particulars of the grant in more detail than contained in the application.
The Regional Stormwater Policy Group (RSPG), which consists of elected officials from
Yakima County and the cities of Yakima, Union Gap, Sunnyside and Moxee, have met three
times over the last two months. The attached Interlocal Agreement and joint grant application
are direct products of this regional cooperation. Two items of note are: 1) the joint grant
application also requests an additional $200,000 of discretionary funds, since the regional
program to be developed could be used as a template for other groups of phase II
communities; and 2) if Ecology doesn't select our joint grant application, the City would still
receive its $75,000.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. YL IS
For Meeting of: October 18, 2005
ITEM TTTLE: Set date of Public Hearing for 2:00 pm on November 1, 2005, in City
Council Chambers to consider legislation deferring Stormwater Utility
fees
SUBMI I fl L) BY: Chris Waarvick, Director of Public Works
CONTACT PERSON/TELEPHONE: Brett Sheffield, P.E.
Surface Water Engineer 509/576-6797
SUMMARY EXPLANATION:
This action would set November 1, 2005 as the date for a Public Hearing regarding legislation to defer
implementing Stormwater Utility fees until January 2007. Although Council approved the stormwater
utility ordinance last year, which would implement stormwater utility fees in January 2006, two general
concerns voiced by the public were: 1) the program and costs are not understood; and 2) a consolidated,
regional approach could reduce redundancy of effort and be more efficient. In response to this, a
regional stormwater policy group (RSPG) has been formed consisting of elected officials from Yakima,
Yakima County, Union Gap, Moxee and Sunnyside. One of the first tacks to be performed by the RSPG
will be to oversee a Value Engineering Study of the current draft of the stormwater management
program. Since this review of the proposed program will not happen until next year and the general
permit will not be issued until at least June of 2006, staff recommends deferring fees until January 2007.
Resolution Ordinances X Other (Specify) Public Hearing Set Date: Consolidation Report Excerpts
Contract Mail to (name and address) : Phone:
Funding Source:
APPROVED FOR SUBMITTAL: -� -:.,4 City Manager
STAFF RECOMMENDATION: Staff respectfully requests the City Council to set
November 1, 2005, as the date of Public Hearing to consider legislation delaying the charging
of Stormwater Utility fees.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
November 1, 2005 was set as the date of public hearing.