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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.