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Home My WebLink About04/19/2011 12 Stormwater Permit Compliance Activities Agreement Extension with the Regional Stormwater Policy Group • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I I Z For Meeting Of April 19, 2011 ITEM TITLE: Consideration of a Resolution authorizing the City Manager to enter into an extension of the existing Inter - Governmental Local Agreement for Years 4 and 5 for stormwater permit compliance activities with the Regional Stormwater Policy Group. SUBMITTED BY: Chris Waarvick, Public Works Director Scott Schafer, Wastewater Manager CONTACT PERSON /TELEPHONE: Scott Schafer, 249 -6815 SUMMARY EXPLANATION: As a partner of the Regional Stormwater Policy Group (RSPG), the City's efforts along with the other partners have been coordinated under an Inter - Governmental Local Agreement (ILA) for stormwater compliance activities. Currently, the RSPG is operating under an ILA for Years 4 and 5 of the stormwater permit previously approved by City Council on May 5, 2009. The City's Eastern Washington Phase II Municipal Stormwater Permit with the Department of Ecology (Ecology) is set to expire on February 15, 2012. However, Ecology has indicated that ill they are approximately 6- months behind in renewing the next five -year stormwater permit for years 2012 -2017 which specifies compliance tasks to be shared by the RSPG. Since the duration of the ILA for Years 4 and 5 was dependent upon the specific permit schedule date of the stormwater permit, a delay with the stormwater permit issuance causes the ILA for Years 4 and 5 to expire on February 15, 2012. This is stated in accordance with Section 12 of the current ILA for Years 4 and 5, (Continued on next page) Resolution X Ordinance Other (Specify) Contract Mail to (name and address) Yakima County Public Services, Brian Cochrane Phone: Funding Source Stormwater Utility Fund - 441 APPROVED FOR SUBMITTAL ./. City Manager STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the attached Inter - Governmental Local Agreement Extension for Stormwater Permit Compliance Activities for Years 4 and 5 with the Regional Stormwater Policy Group. BOARD /COMMISSION /COMMITTEE RECOMMENDATION: COUNCIL ACTION: III (Continued from page 1) "A decision and written commitment to amend and /or extend the Agreement for the new five- year permit (2012 -2017) is required from all Parties within the first three (3) months of the fifth permit year (May 15, 2011) or the Agreement terminates at the end of year five (February 15, 2012)." To avoid interrupting the regional stormwater activities benefiting the public as a result of the delay in the issuance of the new 5 -year stormwater permit, and the desire of the RSPG to coincide its ILA stormwater permit compliance activities with Ecology's permit schedule, an extension of the existing ILA for Years 4 and 5 is being requested for City Council consideration. There will be no changes in the City's compliance requirements by extending the ILA. It simply provides coverage under the existing ILA until a new 5 -year stormwater permit is issued by Ecology. We recognize this as an "interim" extension of the ILA for Years 4 and 5 and fully intend to-bring this back to City Council for direction and consideration in the unlikely event that Ecology fails to issue a new 5 -year permit within two years. Upon Ecology's permit issuance at a later date, a new ILA with the RSPG will be developed reflecting the compliance requirements of the new five -year stormwater permit and brought before City Council for consideration. • • • RESOLUTION NO. R -2011- A RESOLUTION authorizing the City Manager to enter into an extension of the existing Inter- Governmental Local Agreement for Years 4 and 5 for stormwater permit compliance activities with the Regional Stormwater Policy Group. WHEREAS, the Regional Stormwater Policy Group (RSPG) consists of Yakima County, the Regional Lead, and the Cities of Yakima, Union Gap, and Sunnyside; and, WHEREAS, the City of Yakima (City) has enjoyed a strong and effective partnership and cooperation with the other members of the RSPG and the efforts of the RSPG have been coordinated under a current Inter - Governmental Local Agreement (ILA) for Years 4 and 5 of the stormwater permit; and, WHEREAS, the City's Eastern Washington Phase II Municipal Stormwater Permit with the Department of Ecology (Ecology) is set to expire on. February 15, 2012; and, WHEREAS, Ecology has indicated a delay of approximately 6- months in the issuance of the next 5 -year stormwater permit for years 2012 -2017 which specifies compliance tasks to be shared by the RSPG; and, WHEREAS, because the duration of the ILA for Years 4 and 5 was dependent upon the specific permit schedule date of the stormwater permit from Ecology, the delay in the stormwater permit issuance will also cause the ILA for Years 4 and 5 to expire on February 15, 2012; and, WHEREAS, to avoid interrupting the regional stormwater activities benefiting the public as a result of the delay in the issuance of the new 5 -year stormwater permit, and the desire of the RSPG to coincide its ILA stormwater permit compliance activities with Ecology's permit schedule, an extension of the existing ILA for Years 4 and 5 is required; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to enter into an extension of the existing Inter- Governmental Local Agreement for Years 4 and 5 for stormwater permit compliance activities with the Regional Stormwater Policy Group. ADOPTED BY THE CITY COUNCIL this 19th day of April 2011. Micah Cawley, Mayor ATTEST: City Clerk • • INTERGOVERNMENTAL LOCAL AGREEMENT EXTENSION FOR STORMWATER PERMIT COMPLIANCE ACTIVITIES BETWEEN YAKIMA COUNTY AND THE CITIES OF YAKIMA, UNION GAP AND SUNNYSIDE April, 2011 THIS AGREEMENT is made and entered into between Yakima County, a municipal corporation of the State of Washington, hereinafter referred to as "County ", and the Cities of Yakima, Union Gap and Sunmyside, all being municipal corporations, hereinafter referred to as "Yakima ", "Union Gap" and "Sunnyside" respectively, or "Cities" when it includes all, or "City" when it is either Yakima, Union Gap or Sunnyside; and, WHEREAS, Yakima County and the Cities of Yakima, Union Gap and Sunnyside are required to comply with the State of Washington's Eastern Washington Phase II Municipal Stormwater General Permit, hereinafter referred to as "Permit"; and, WHEREAS, the County and Cities formed the Regional Stormwater Policy Group to ascertain the most cost beneficial course of action for the Parties in order to provide the best value to their citizens concerning NPDES II stormwater plan development for respective Municipal Separate Storm Sewer Systems; and, WHEREAS, the County and Cities acknowledge the financial and consistency benefits of a regional plan and agree to continue as primary and co- permittees to meet the Permit requirements of regulated small MS4s, as allowed under the Permit; and, WHEREAS, the County and Cities have agreed that the County would administer and manage a Permit as the primary permittee with Cities as co- permittees for the respective Municipal Separate Storm Sewer Systems; and, WHEREAS, the County and Cities under RCW Chapter 39.34; have the legal authority to enter into interlocal agreements for the sewerage and stormwater management programs within its boundaries consistent with relevant laws; and, WHEREAS, the County and Cities have authority to operate and maintain storm and surface water management systems and many other services as provided for under their relevant laws; and, WHEREAS, the County and Cities have enjoyed a strong and effective partnership under an existing interlocal agreement for permit years four and five effective November 10, 2009; and, WHEREAS, the existing interlocal agreement specifies timelines for a future interlocal agreement to share permit compliance tasks in a future permit to be issued by Washington State Department of Ecology, and, WHEREAS, the Washington State Department of Ecology is approximately six months behind schedule developing the next permit that will specify compliance tasks to be shared by the County and Cities; and, Final StormwaterlLA _Yrs4and5_extension (2).doc 4/8/2011 WHEREAS, the County and the Cities would like to continue the regional stormwater approach for public benefit; and, NOW, THEREFORE, in consideration of the covenants and agreements to be kept and performed by the parties hereto, it is agreed as follows: Section 1. Modification of previous ILA The ILA titled "Intergovernmental Local Agreement For Stormwater Permit Compliance Activities Between Yakima County And The Cities Of Yakima, Union Gap And Sunnyside, September, 2009" (2009 ILA) is modified as follows:. Section 12. Duration This Agreement is for Years four (4) and five (5) of the Permit effective February 16, 2007 (current Permit) and will be reviewed by all Parties upon receipt of a Public Review and Comment Draft of the Municipal Stormwater General Permit issued by Ecology for discharges on or after February 16, 2012 (next Permit) for consideration of continuing the Agreement beyond the current permit cycle, and for potential amendment of responsibilities. A decision and written commitment to amend and /or extend the Agreement for the next Permit is required from all Parties within 60 days of receipt of a Public Review and Comment Draft of the next Permit or the Agreement terminates upon issuance of the next Permit. Section 2. Retention of previous ILA p sections A. All other sections of the 2009 ILA remain valid and binding. Section 3. Effective Date / Counterparts This Agreement may be signed in counterparts, with each Party hereto receiving copies of all participating Party's fully executed signature pages. This Agreement shall become effective when executed by all Parties hereto. IN WITNESS WHEREOF, this instrument has been executed in duplicate by authority of lawful actions by the Councils and Board of County Commissioners. Final StormwaterlLA _Yrs4and5_extension (2).doc 4/8/2011 2 CITY OF YAKIMA Kevin J. Bouchey, Chairman R.A. Zais, Jr., City Manager Date: Rand Elliott, Commissioner Attest: Michael D. Leita, Commissioner City Clerk Constituting the Board of County Commissioners for Yakima County, Washington CITY OF UNION GAP Date: • Jim Lemon, Mayor Attest: Tiara Girard Date Attest: Kathryn Thompson Clerk of the Board • City Clerk Approved as to Form: CITY OF SUNNYSIDE Deputy Prosecuting Attorney James Restucci, Mayor Date Attest: Deborah Estrada City Clerk BOARD OF YAKIMA COUNTY COMMISSIONERS 410 Final StormwaterlLA Yrs4and5_extension (2).doc 4/8/2011 3