HomeMy WebLinkAboutCC Resolution 9631 (Stormwater Pollution Prevention Program)RESOLUTION NO. 9 6 31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE SIGNING OF AN AGREEMENT
WITH THE COUNTY OF MARIN FOR THE PROVISION OF AN
EDUCATION COORDINATOR FOR THE MSLAJPA'S
STORMWATER POLLUTION PREVENTION PROGRAM
(MCSTOPPP).
BE IT RESOLVED by the Council of the City of San Rafael as follows:
The Director of Public Works and the City Clerk are hereby authorized to
execute, on behalf of the City of San Rafael, an agreement with the County of Marin to
provide an Education Coordinator for MCSTOPPP, a copy of which is hereby attached
and by this reference made a part of this resolution.
I, JEANNE. M. LEONCINI, Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the Council of said City on the 151 day of July, 1996, by the following vote, to
wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEAPINE' M. LEONC , City Jerk
us" RIG"l�Al Q�`
AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND
THE COUNTY OF MARIN FOR THE PROVISION OF AN
EDUCATION COORDINATOR FOR THE MSLAJPA'S
STORMWATER POLLUTION PREVENTION PROGRAM
(MCSTOPPP)
This Agreement is made and entered into this first (1st) day
of July, 1996, by and between the CITY OF SAN RAFAEL (hereinafter
"CITY"), and the COUNTY OF MARIN (hereinafter "COUNTY").
RECITALS
WHEREAS, both CITY and COUNTY are participants in the Marin
Street Light Acquisition Joint Powers Agreement which, among its
other duties, has contracted with CITY to provide stormwater
pollution prevention program (MCSTOPPP) services to the cities in,
and the County of Marin, as required by the Regional Water Quality
Control Board ("RWQCB") under its "Basin Plan"; and,
WHEREAS, CITY has determined that additional personnel are
needed to effectively implement the MSLAJPA's MCSTOPPP program;
and,
WHEREAS, COUNTY has the capability and the desire to provide
this personnel to CITY on a contractual basis;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY. The City Manager shall be the representa-
tive of the CITY for all purposes under this Agreement. Mr.
Steven Zeiger, Stormwater Pollution Control Manager is hereby
designated the PROJECT MANAGER for the CITY, and said PROJECT
MANAGER shall supervise all aspects of the progress and execution
of this Agreement.
B. COUNTY. COUNTY shall assign a single PROJECT
DIRECTOR to have overall responsibility for the progress and
execution of this Agreement for COUNTY. Mr. Farhad Mansourian is
hereby designated as the PROJECT DIRECTOR for COUNTY.
2. DUTIES OF COUNTY.
A. COUNTY shall confer with CITY and shall agree upon
a waste management employee of COUNTY to serve as an Education
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••�6 i
Coordinator in the CITY's stormwater pollution prevention program.
B. COUNTY shall provide this assistant to CITY for a
total of thirty-seven and one-half (371/2) hours per week; said
assistant shall report to CITY's Public Works Dept. to perform the
services as described in Exhibit "A" herein.
C. COUNTY shall provide all employee benefits and
worker's compensation benefits for said assistant.
3. DUTIES OF CITY.
A. CITY shall provide assistant with a place and
materials to perform the duties required herein.
B. CITY shall pay COUNTY $40.63 per hour for the
service each week. CITY shall pay COUNTY not to exceed this
amount, bi-monthly, on the first (1st) and fifteenth (15th) of
each month. Actual amount paid to the COUNTY shall be based upon
time sheets submitted bi-monthly to CITY by assistant.
4. TERM OF AGREEMENT.
The term of this Agreement shall be for twelve (12)
months, commencing on July 1st, 1996 and ending on June 30, 1997.
On or before June 30, 1997, the parties shall review this
Agreement to evaluate the performance of the parties.
5. TERMINATION.
After the first six (6) months, either party may
terminate this Agreement without cause upon thirty (30) days
written notice mailed or personally delivered to the other party.
In the event this Agreement is terminated, CITY shall pay COUNTY
for all work completed prior to the effective date of termination.
6. ASSIGNABILITY.
The parties agree that they shall not assign or
transfer any interest in this Agreement nor the performance of any
of their respective obligations hereunder, without the prior
written consent of the other party, and any attempt to so assign
this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
7. INDEMNIFICATION.
CITY, pursuant to G.C. section 895.4, agrees to
indemnify, defend and hold harmless COUNTY and COUNTY's assigned
assistant appointed hereunder, from any third -party liability
imposed for injury (per G.C. section 810.8) occurring by reason of
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anything done or omitted to be done by CITY or assistant while
working for CITY hereunder, excepting any liability caused by any
negligent act or omission of COUNTY.
8. NOTICES.
All notices and other communications required or
permitted to be given under this Agreement, including any notice
of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service,
postage prepaid, addressed to the parties intended to be notified.
Notice shall be deemed given as of the date of personal delivery,
or if mailed, upon the date of deposit with the United States
Postal Service. Notice shall be given as follows:
TO CITY: David M. Bernardi, Director of Public Works
Public Works Department
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
TO COUNTY:Mr. Farhad Mansourian, Assistant Director
(Project Director)
County of Marin
Department of Public Works
Civic Center, Rm. 304
San Rafael, CA 94913
9. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agree-
ment, COUNTY, its officers, agents and employees, including the
waste management employee assigned as an Education Coordinator
hereunder, shall act in the capacity of an Independent Contractor,
and not as employees of the CITY. COUNTY and CITY expressly
intend and agree that the status of COUNTY, its officers, agents
and employees, including the waste management employee assigned as
an Education Coordinator hereunder, be that of an Independent
Contractor and not that of an employee of CITY.
10. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all
exhibits attached, and all documents expressly incorporated by
reference, represent the entire Agreement of the parties with
respect to the subject matter of this Agreement.
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B. This written Agreement shall supersede any and all
prior agreements, oral or written, between the COUNTY and the CITY
regarding the subject matter of this Agreement.
C. The terms and conditions of this Agreement shall
not be altered or modified except by a written amendment to this
Agreement signed by the COUNTY and the CITY.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day, month and year first above written.
CITY OF AN RAFAEL
vDAVI'D M. BERNARDI,
7e�?irector of Public Works
ATTEST:
Citi Clerk _
A
City
COUNTY OF MARIN
r :>
B y :
FARHAD MANSOURIAN,
Assistant Director
(Project Director)
Department of Public Works
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MCSTOPPP 1996-1997 Budget Summary
MCSTOPPP's draft Action Plan 2000 includes a 5 -year schedule and shows a preliminary division of
responsibilities between the MCSTOPPP General Program (staff and consultants), Flood Control District staff
and municipal staff.
Following the summary budget spreadsheet, additional spreadsheets detail the level of effort and expenditure
for each 1996-1997 task. Specific activities, estimated percent of annual full-time equivalent (FTE) and expense
budget are listed for Flood Control District staff, MCSTOPPP General Program staff, MCSTOPPP's
consultant, and municipal staff.
Here is summary of the role of each of these four groups:
Flood Control District Staff
Per written agreement with MCSTOPPP, the FCD plans to add one technician to its staff and to reallocate in-
house staff priorities to accommodate MCSTOPPP. Many Action Plan activities require creek naturalist
expertise. About half the naturalists' effort will be development of field protocols and preliminary field
assessments of creek reaches. The protocols will focus on identifying problems affecting urban creek habitat
(e.g. discharges, siltation, vegetation, debris accumulation) and proposing solutions. The remainder of the
naturalists' effort will be coordination with, and training of, municipal staff, volunteers and homeowners.
MCST(-)PPP Sta
As described in the Action Plan 2000, MCSTOPPP will add a full-time education coordinator. The work effort
will be spread between coordinating volunteers (this includes working with the creek naturalist to coordinate
volunteer monitors and the homeowner creek stewardship program), educational efforts targeted to specific
pollutant sources (e.g. swimming pool owners, home improvement products, horse corrals), and general
watershed awareness education (including in -school programs).
Consul ant
About 40% of EOA, Inc.'s $100,000 budget is needed for preparing MCSTOPPP's annual report and detailed
annual plan for submittal to the Regional Water Quality Control Board, and for assisting and advising the
Program Manager on regulatory matters. The remaining $60,000 will be expended assisting municipal staff by
compiling and analyzing data, preparing training workshops, and by working with municipal staff committees
and ad-hoc groups to build local programs.
M micinall Staff
Under Federal and state water -quality regulations, Marin munciipalities have primary responsibility for
implementing programs to reduce the impact of stormwater discharges on creeks, wetlands and the Bay. The
MCSTOPPP General Program exists to coordinate municipal activities and to pursue those portions of the
mandated program which are more cost-effectively implemented at a countywide level. MCSTOPPP staff and
constulatnts provide regulatory perspective and planning advice, but each municipality's staff has ultimate
responsibility for implementing the local program and for insuring that the local program is consistent with
that of neighboring municipalities. In 1996-1997, the MCSTOPPP General Program will facilitate municipal
staff committees, ad-hoc groups and workshops on street sweeping and storm drain maintenance, creek
maintenance, development plan review, building plan review and erosion control, commercial/industrial
business inspections, ordinance enforcement and environmental education. Development of appropriate
committees and assignment of municipal staff is the highest priority for the next few months.
Sources of Funds 1996-97 1995-96
Revenues $ 575,003 _ $ 575,003
Encumbered funds not yet expended $ 235,520 $ 104,101
Total $ 810,523 $ 679,104
Uses of Funds
MCSTOPPP Staff Salaries (includes benefits 0 30%)
Program Manager
$
75,831
Overtime
$
5,400
Education Coordinator (proposed contract County)
$
78,000
Total MCSTOPPP Staff
Share of FCD Watershed Program Expenses (1996-1998)
(proposed contract with County)
Program Consultant
MCSTOPPP General Program Overhead
Travel and' Conferences
$
2,000
Phone
$
1,000
Office Supplies
$
2,000
Fee Collection Consultant
$
15,000
BASMAA Membership (required)
$
9,242
Total General Program Overhead
Direct Program Expenses
Caring for Our Creeks
$
56,820
Building and Renewing
$
12,400
Educating Ourselves at Work
$
16,369
Educating Ourselves at Home
$
48,125
SFEI - Kids In Creeks
$
32,000
BASMAA Regional Advertising
$
35,000
Interagency Cooperative Education Projects
$
40,000
Total Direct Program Expenses
Regulatory Fees on Behalf of Municipalities (mandator•)
Bay Protection/Toxic Cleanup Program
$
16,500
Regional Monitoring Program
$
48,187
Total Regulatory Fees
TOTAL
5% Contingency
Carryover to following fiscal year J
Total Expenditures
$ 72,430
$ 5,400
$ 14,400
$ 159,231
$ 178,053
$ 100,000
$ 2,000
$ 1,000
$ 1,000
$ 15,000
$ 9,242
$ 29,242
$ 72,806
$ 35,000
$ 5,000
$ 240,714
$ 16,500
$ 43,806
$ 64,687
$ 771,927
$ 38,596
$ 810,523
$ 92,230
$ 150,000
$ 28,242
$ 112,806
$ 60,306
$ 443,584
$ 235,520
$ 679,104
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Miscellaneous Notes on the Preliminary Budget
Travel and Conferences includes reimbursement to staff for use of personal vehicles, attendance at occasional
technical conferences within the Bay Area on stormwater pollution control and public education, and
attendance at one -statewide annual conference on stormwater pollution control.
Office Supplies includes some initial costs for miscellaneous office items for the additional staff person, as well
as consumable supplies. Office space (valued at $350/month), program oversight, and many miscellaneous
expenses are provided courtesy of the City of San Rafael.
MCSTOPPP's Fee Collection Consultant compiles parcel and land use data for inclusion of stormwater fees on
property tax bills.
BASMAA is the acronym for the Bay Area Stormwater Management Agencies Association. This group
coordinates programs of regionwide benefit, facilitates information exchange among countywide programs, and
develops consistent approaches to interpreting and implementing the Regional Water Quality Control Board's
initiatives. MCSTOPPP benefits, in particular, from association with larger and more developed programs in
Alameda, Santa Clara, San Mateo and Contra Costa Counties.
The BASMAA Regional Advertising Campaign implements a portion of MCSTOPPP's public education
program by developing a consistent regionwide message and by purchasing radio, television and print media
which reach Marin residents. Steve Zeiger coordinates this campaign for BASMAA.
San Francisco Estuarine Institute's Kids in Creeks program trains teachers and enhances primary school
curriculum. The program includes field and classroom components and combines education in aquatic
biology, ecology and natural history with pollution prevention and environmental awareness.
By engaging in Interagency Cooperative Education Projects, MCSTOPPP has been able to leverage the resources
of other agencies and community groups to popularize the stormwater pollution prevention message. For
example, in 1995, MCSTOPPP worked with CMSA and other agencies to provide EcoMasters, an
environmental -education computer game, to Marin schools.
The Bay Protection and Toxic Cleanup Program (BPTCP) was created by state legislation and is funded by Bay
dischargers, including stormwater dischargers. The municipalities' fees are paid through the MCSTOPPP
budget as a convenience.
The Regional Monitoring Program (RMP) is administered through the San Francisco Estuarine Institute and
provides for long-term monitoring of ambient water quality in the Bay. Like the BPTCP, the RMP is supported
by a mandated fee that municipalities pay through MCSTOPPP.
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