HomeMy WebLinkAboutR-2014-029 Intergovernmental Local Stormwater Permit Compliance Activities Agreement Withdrawal RESOLUTION NO. R- 2014 -029
A RESOLUTION authorizing the City Manager to execute a letter providing notice of
termination and withdrawal of the City of Yakima from the
Intergovernmental Local Agreement for Stormwater Permit Compliance
Activities between Yakima County and the Cities of Yakima, Union Gap
and Sunnyside
WHEREAS, on October 6, 2009, the City of Yakima adopted Resolution No. R -2009-
130, which approved an Intergovernmental Local Agreement with the Regional Stormwater
Policy Group for Years 4 and 5 of its National Pollutant Discharge Elimination System (NPDES)
Permit ; and
WHEREAS, the City of Yakima is no longer in need of the administrative assistance,
model documents, training and submittal of annual reports as required by Ecology that had
been provided by Yakima County; and
WHEREAS, the City maintains that it is responsible for stormwater system maintenance,
mapping, capital projects, safety projects, ordinance enforcement for Illicit Discharge and
Construction /Post Construction, best management practices, Underground Injection Control
Program requirements of WAC 173 -218, emergency response, street sweeping, right -of -way
management, supplying information to Department of Ecology for annual reports and other
permit compliance requirements, equipment costs and necessary reserves for the operation of
the stormwater utility within the city limits; and
WHEREAS, the City of Yakima has the personnel, equipment and expertise to meet
permit compliance and regulations; and,
WHEREAS, the City of Yakima recognizes that the stormwater system is a valuable part
of the City's built environment and will form new partnerships to provide mutually beneficial
returns that maximize on the investments made to the system ; and
WHEREAS, the City Council finds and determines that withdrawing from the
Intergovernmental Agreement with Yakima County and the cities of Union Gap and Sunnyside
is in the best interests of residents of the City of Yakima and will promote the general health,
safety and welfare; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute and deliver notice of termination and
withdrawal of the City of Yakima from the Intergovernmental Agreement entered into pursuant to
Resolution R- 2009 -130, adopted on October 6, 2009, by and between the City of Yakima,
Yakima County, City of Union Gap and City of Sunnyside
ADOPTED BY THE CITY COUNCIL this 18 of February, 2014.
c; 42 1 4
. ST: ....00.1 ST: awley, Mayor
%%
♦ '.� _ I
@A
s ,' `.'0,' ,,. e v
i City Clerk �' '�� + '' 1 , �. NI
\).� j '�
�� \V ■ St `\ ` -7
SM
of
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6 /
For Meeting of: 2/18/2014
ITEM TITLE: Resolution authorizing withdrawal from Intergovernmental
Local Agreement for Stormwater Permit Compliance Activities
between Yakima County and the Cities of Union Gap and
Sunnyside.
SUBMITTED BY: Debbie Cook, Director of Utilities and Engineering
Shelley Willson, Wastewater Manager
SUMMARY EXPLANATION:
The Utilities and Engineering Department requests City Council consideration of the attached
resolution to authorize the City Manager to withdraw from the Regional Stormwater Group
through the means included in Section 13C of the Agreement which states: "Any Party may
withdraw from the Agreement upon thirty (30) days written notice to the other Parties ".
Staff presented relevant information to the full Council on January 14, 2014. The Council
requested that staff meet with the Built Environment Committee to continue the discussion as to
the benefits of withdrawing from the Intergovernmental Local Agreement. On January 23, 2014,
the Built Environment Committee directed staff to proceed with the withdrawal from the
Intergovernmental Local Agreement by bringing a resolution to the full Council on February 18,
2014.
Yakima County provided beneficial services during the initial National Pollutant Discharge
Elimination System (NPDES) Permit. Services included administrative assistance, templates
for documents, coordination of training and submittal of the annual report. This paper
infrastructure is essentially complete and the City is able now to move forward with NPDES
compliance without the Yakima County providing the services referenced in the
Intergovernmental Local Agreement for Stormwater Permit Compliance Activities Between
Yakima County and the Cities of Yakima, Union Gap and Sunnyside September, 2009
(Resolution R- 2009 -130 signed Oct. 6, 2009).
In addition, the Built Environment Committee has requested that staff also begin to invoice city
residents for their Stormwater Utility Rates. Yakima County had been contracted to collect
stormwater rates with annual property tax payments. This item will be brought to Council at a
later date. 2014 invoices are included in this year's property tax statement. Beginning in 2015,
if authorized by the Council, the City will invoice stormwater rates.
The attached resolution authorizes the City Manager to provide written notice informing each
party of the City of Yakima's withdrawal from the Intergovernmental Local Agreement for
Stormwater Permit Compliance Activities effective April 2, 2014.
Resolution: X Ordinance:
Other (Specify): Letter to Parties of Intergovernmental Local
Agreement for Stormwater Permit Compliance Activities
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: NA Amount:
Funding Source /Fiscal
Impact:
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
Staff respectfully requests Council approval of the attached resolution to withdraw from the
Intergovernmental Local Agreement for Stormwater Compliance Activities between Yakima
County and the Cities of Union Gap and Sunnyside
ATTACHMENTS:
Description Upload Date Type
0 Resolution SW ILA Wdraw 1/31/2014 Cover Memo
0 Withdrawal Letter 1/31/2014 Cover Memo
February 20, 2014
Mike Leita
Yakima County Commissioner
128 North 2nd Street
Yakima, WA 98901
Dan Olson, Councilman
City of Union Gap
PO Box 3008
Union Gap, WA 98903 -0008
City of Sunnyside
818 E Edison
Sunnyside, WA 98944
Subject: Written Notice to Withdraw from Intergovernmental Local Agreement For Stormwater Permit
Compliance Activities between Yakima County and the cities of Yakima, Union Gap and Sunnyside
(September 2009)
Dear County Commissioners and Mayors:
The City of Yakima is writing this letter to comply with Section 13 C of the Intergovernmental Local Agreement for
Stormwater Permit Compliance Activities between Yakima County and the Cities of Yakima, Union Gap and
Sunnyside September, 2009. The City hereby provides notice of termination and withdrawal from the
Intergovernmental Local Agreement, which termination is effective April 2, 2014.
Section 13. Termination
Parties may terminate their obligations under this Agreement for the reasons listed below. The Permit requires co-
permittees that share responsibility to notify Ecology of any /all amendment or termination actions.
C. Any Party may withdraw from the Agreement upon thirty (30) days written notice to the other Parties.
Withdrawal of one Party does not constitute termination of the Agreement by the remaining Parties. In the event
of a Party's withdrawal this Agreement will be modified to define the financial obligations of the remaining Parties.
We have appreciated the leadership and support provided by Yakima County during the initial years of the
Stormwater Permit Compliance.
Sincerely,
Tony O'Rourke
City Manager
Distributed at the 9
Meeting a
percent project - related costs (engineering design, project administration, construction
management and inspection, and legal costs).
The Capital Improvement Program is further summarized by drainage basin and by construction
priority:
• Priority 1 improvements are estimated at approximately $18.7 million, consisting of $8.7
million for pipeline improvements and $9.9 million for retention basins
• Priority 2 improvements are estimated at approximately $21.4 million, consisting of $16.5
million for pipeline improvements and $4.9 million for retention basins
• Priority 3 improvements are estimated at approximately $37.2 million, consisting of $26.6
million for pipeline improvements and $10.7 million for retention basins
• Priority 4 improvements are estimated at approximately $570.9 million, consisting of $88.1
million for pipeline improvements, $4.2 million for retention basins, and $478.6 million for
UICs. Based on Yakima's currently anticipated annual growth, the construction of the UIC
improvements may well exceed a 50 year planning horizon. \/j
The costs in this Stormwater Collection System Master Plan were calculated using a 20 -City ` 4°'
national average ENR CCI of 9,341, reflecting a date of September 2012. In total, the CIP 0/1
includes approximately 54 miles of pipeline improvements, 26 retention basins, and approximatel