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HomeMy WebLinkAbout1994/08/16 Item 9 COUNCIL AGENDA STATEMENT Item q Meeting Date 8/16/94 ITEM TITLE: Resolution n(,le.. Authorizing the City of Chula Vista to participate in FY 1994-95 San Diego County Co-Permittee Joint Wet Weather Monitoring Agreement . .. / Director of pu~lic Work~{'tf! City Manager (q\L-'\(g (4/5ths Vote: Yes _NoX) k,t SUBMITTED BY: REVIEWED BY: The Regional Water Quality Control Board (RWQCB), through its Executive Officer, has specified a wet weather storm water monitoring program to be implemented by the San Diego County Municipal Storm Water Discharge Co-Permittees during the FY 1994-95 storm season. The sampling and testing requirements of the monitoring program are detailed in the RWQCB, San Diego Region document entitled "Monitoring and Reporting Program Order No. 90-42" dated June 30, 1994 (copy enclosed). It is proposed that the San Diego County Co-Permittees agree to participate, for the second year, in a cooperative program to accomplish the required wet weather monitoring and to share the costs of the monitoring. It is necessary to retain a consultant to conduct this required wet weather monitoring in compliance with RWQCB Order No. 90-42 (US. Environmental Protection Agency Permit No. CAOI08758). The City of San Diego, as principal permittee and leader in the implementation of Order No. 90-42, will retain that consultant and administer a contract with said consultant on behalf of the San Diego County co-permittees. RECOMMENDATION: That Council approve the agreement and authorize the City Engineer to execute on behalf of City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On July 20, 1990 the RWQCB issued an "early" NPDES permit (RWQCB Order No. 90-42), a waste discharge permit regulating discharges from municipal storm water conveyance systems in San Diego County, for the San Diego Region. The permit covers all of the eighteen incorporated cities, the County of San Diego, and the San Diego Unified Port District One task requires the development and implementation of a wet weather monitoring program. On June 30, 1994, the Executive Officer of the RWQCB, San Diego Region, administratively issued "Monitoring and Reporting Program Order No. 90-42". This program consists, in general, of obtaining grab and/or flow-composited storm water and sediment samples and 9,/ Page 2, Item q Meeting Date 8/16/94 performing chemical and physical analyses on said samples. The co-permittees do not have the staff expertise to perform the required sampling and testing. Therefore, it is necessary to retain a consultant to conduct the monitoring program in compliance with RWQCB Order No. 90-42 (U.S. Environmental Protection Agency Permit No. CAOI08758). This is the second year that the San Diego County Co-Permittees will have agreed to participate in a cooperative program to accomplish the wet weather monitoring required by RWQCB Order No. 90-42 and to share the costs of said monitoring. As in FY 1993-94, the agreement will bind the City of San Diego, which is the principal permittee and leader in the implementation of Order No. 90-42 , with the responsibility of retaining a consultant, with the advice and consent of the San Diego County co-permittees. Further, the City of San Diego will administer a contract with said consultant on behalf of the co-permittees. The agreement specifies that costs to the City of San Diego for the administration of the consultant contract will be borne solely by the City of San Diego. The agreement further specifies that each agency's share of the FY 1994-95 wet weather monitoring program costs shall be based upon a formula in which one-half of the program costs are divided evenly among the co-permittees and one-half of the program costs are divided based upon urbanized population in accordance with the Co-permittee Implementation Agreement, adopted by City Council Resolution Number 16072. All of the San Diego County co-permittees have received the agreement and their staffs are currently seeking their respective agencies' authorizations to participate in said agreement. Chula Vista's share of the co-permittee wet weather monitoring program was $9,772.73 in FY 1993-94 out of a total program cost of approximately $185,000. Because this amount was under $10,000, Chula Vista's participation was approved administratively, in accordance with City procurement policy, and did not require City Council authorization. Chula Vista's share in FY 1994-95 will not exceed $28,018.12, based upon a projected total program cost of approximately $500,000. RWQCB conditionally approved the first year's program (1993-94) with the indication that the same program would not be approved by 1994-95. For the 1994-95 program, the RWQCB mandated more stream monitoring stations and the addition of construction site monitoring. Thus, the cost of the wet weather monitoring program is increasing from $185,000 in 1993-94 to approximately $500,000 for 1994-95. The agreement provides for fifty percent of Chula Vista's maximum share ($14,014.06) to be paid to the City of San Diego by January 1, 1995. At the conclusion of the wet weather season, and after all consultant billings have been received, the City of San Diego will invoice the co-permittees for the balance due in accordance with the cost-sharing formula specified above. If the City does not participate in the FY 1994-95 San Diego County Co-Permittee Joint Wet Weather Monitoring Agreement, RWQCB staff has indicated that the RWQCB will order Chula Vista to individually develop and implement a total wet weather monitoring program. Staff estimates the cost to the City for such a program to be from $150,000 to $200,000 per year, based upon overall consultant costs to the co-permittees for the performance of wet weather monitoring in FY 1993-94. The RWQCB has indicated that they would prefer to deal 1':2. Page 3, Item ~ Meeting Date 8/16/94 with all the agencies on the cooperative permit, but that if any Cities do not wish to be a part of that permit, those cities would be required to set up a full, but scaled down program. The full program includes setting up monitoring sites for commercial, residential and industrial uses, construction sites, and sediment monitoring in San Diego Bay. Because there would be many more monitoring sites in Chula Vista and other elements such as the sediment monitoring would be duplicative of the regional effort, the costs for a separate program are considerably higher. These costs also include consultant sampling and laboratory testing three times per year at each of four to six storm water conveyance system outfall locations within the City of Chula Vista, whereas the approved cooperative program includes only two sites in Chula Vista. FISCAL IMPACT: Not-to-exceed $28,018.12 in FY 1994-95. It is proposed that the cost of consultant services be funded using unencumbered funds from the Storm Drain Revenue Fund (Fund Number 227), which was established in July 1990 for the purpose of funding the implementation of the NPDES program. Funds in the amount of $95,000 to cover Chula Vista's share of wet weather monitoring consultant costs have been programmed as part of the approved FY 1994-95 NPDES Program budget. This difference in budgeted versus actual costs is due to the fact that the co-permittees were uncertain as to what the final requirements for the FY 1994-95 wet weather monitoring program would be. Attachment: Copy of Agreement KPNkpa cc: File No. KY-181 [M:\HO?vIE\ENGINEER\AGENDA \ WETAGREE.l13} 9.J RESOLUTION NO. 176,1" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO PARTICIPATE IN FY 1994-95 SAN DIEGO COUNTY CO-PERMITTEE JOINT WET WEATHER MONITORING AGREEMENT WHEREAS, the Regional Water Quality Control Board (RWQCB), through its Executive Officer, has specified a wet weather storm water monitoring program to be implemented by the San Diego County Municipal Storm Water Discharge Co-Permittees during the FY 1994-95 storm season; and WHEREAS, the sampling and testing requirements of the monitoring program are detailed in the RWQCB, San Diego Region document entitled "Monitoring and Reporting Program Order No. 90- 42" dated June 30, 1994; and WHEREAS, it is proposed Permittees agree to participate, cooperative program to accomplish monitoring and to share the costs of that the San Diego County Co- for the second year, in a the required wet weather the monitoring; and WHEREAS, it is necessary to retain a consultant to conduct this required wet weather monitoring in compliance with RWQCB Order No. 90-42 (U.S. Environmental Protection Agency Permit No. CA0108758); and WHEREAS, the city of San Diego, as principal permittee and leader in the implementation of Order No. 90-42, will retain that consultant and administer a contract with said consultant on behalf of the San Diego County co-permittees. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby authorize the City of Chula vista to participate in FY 1994-95 San Diego County Co-Permittee Joint Wet Weather Monitoring Agreement. BE IT FURTHER RESOLVED that the City authorized to execute said agreement on beh r is hereby city. Presented by OJhY John P. Lippitt, Director of Public Works C:\rs\wetagree 9-J/ NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION STORMWATER PERMIT NO. 0108758 BOARD ORDER NO. 90-42 / .j CO-PERMITTEE JOINT WET WEATHER MONITORING AGREEMENT The San Diego Regional Water Quality Control Board, through its Executive Director, has determined a wet weather stormwater monitoring program to be performed by the San Diego County Stormwater co-permittees during the 1994-95 storm season, the general parameters of which are spelled out in the attached document which is made a part of this agreement. The details of the monitoring program are to be developed by the co-permittees pursuant to these guidelines. It has been estimated that the total cost of the monitoring programs outlined in the attached document will be between $400,000 and $500,000. It is hereby agreed by all of the said co-permittees that: 1. The City of San Diego, as principal Permittee, will publish a Request For Proposals, interview prospective consultants and, with the advice and consent of the other co-permittees, select a consultant and negotiate a contract. 2. The contract with the Stormwater Monitoring consultant will be administered by the City of San Diego at no cost to the co- permittees. 3. The division of costs for the Stormwater Monitoring Program for the 1994-95 storm season will be based on the percentages in the attached table for each co-permittee. 4. The total liability for the 1994-95 Stormwater Monitoring Program will not exceed the amount shown for each co-permittee based on a total Program cost of $500,000. 5. Each co-permittee shall pay to the city of San Diego by January 1, 1995, fifty percent (50%) of the amount shown in the attached table under the $500,000 Program total. 6. At the conclusion of the 1994-95 Stormwater Monitoring Program when the total cost of said program is calculated, the City of San Diego will invoice the co-permittees for the balance due according to the percentages in said table for each co- permittee. It is hereby agreed that Chula vista I s share of the above- referenced monitoring program for the 1994-95 wet weather season shall be 5.6036% of the total cost, not to exceed $28,018.12 and that Chula vista will pay to the City of San Diego up to and including that amount when properly invoiced for work performed. The City of San Diego shall provide to each co-permittee a detailed accounting of the work done and costs incurred by the end of Fiscal Year 1995. Accepted this day of , 1994. By . Authorized Representative Title: q.,s J ESTIMATED MONITORING COST PER JURISDICTION (50/50 SPLIT) '10 Ul' % OF TOTAL POPUlATION TOTAL TOTAL JURISDICTION POPULATION POPULATION BASE FEE FEE FEE COST 'ARLSBAD 65,802 2.8184% $ 12500.00 $7,045.92 $19545.92 3.9092% -HULA VISTA 144,924 6.2072% S12500.00 $15,518.12 $28 018.12 5.6036% -ORONADO 17,973 0.7698% $12500.00 $1,924.51 $14,424.51 2.8849% nEL MAR 5,031 0.2155% $ 12500.00 S538.71 SI3.038.71 2.6077% ~CAJON 89,402 3.8292% S12,500.00 S9,572.96 S22,072.96 4.4146% NCINITAS 55,708 2.3860% $12,500.00 $5 965.08 SI8,465.08 3.6930% ESCONDIDa 113.949 4.8806% $ 12,500.00 S12,201.39 $24,701.39 4.9403% MPERIAL BCH. 27 110 1.1612% $12,500.00 S2,902.88 $15.402.88 3.0806% LA MESA 54,597 2.3384% SI2,500.00 S5 846.12 S 18.346.12 3.6692% LEMON GROVE 24 210 1.0369% SI2,500.00 S2592.35 $ 15 092.35 3.0185% NAT'LCITY 49,852 2.1352% $ 12,500.00 S5 338.04 SI7,838.04 3.5676% XEANSIDE 140,484 6.0J71 % $12,500.00 SI5042.70 $27,542.70 5.5085% POWAY 45,925 1.9670% SI2,500.00 S4917.54 S17417.54 3.4835% SAN DIEGO 1,126,450 48.2471% S 12500.00 SI20,617.63 SI33,117.63 26.6235% !sAN MARCOS 44,342 1.8992% S 12,500.00 $4,748.04 S 17,248.04 3.4496% ANTEE 53,005 2.2703% $12500.00 $5675.65 $18175.65 3.6351% OLANA BEACH 13,337 0.5712% SI2,500.00 S1 428.09 $13 928.09 2.7856% lISTA 76,653 3.2831% $12500.00 S8,207.82 $20,707.82 4.1416% COUNTY' 186,000 7.9666% SI2,500.00 S19916.45 S32,416.45 6.4833% IPORT DISTRICT 0 0.0000% SI2,500.00 SO.OO SI2,500.00 2.5000% 2,334.754 100.0000% $2.\0,000.00 $250,000.00 $500,000.00 100.0000% 'COUNTY POPULATION. URBANIZED AREAS ONLY '1..10