HomeMy WebLinkAboutCC Resolution 12831 (Marin County Flood Control)RESOLUTION NO. 12831
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE REVISED JOINT
EXERCISE OF POWERS AGREEMENT (JEPA) BETWEEN THE MARIN COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE MARIN
COUNTY STORMWATER POLLUTION PREVENTION PROGRAM (MCSTOPPP)
MEMBER AGENCIES.
WHEREAS, the City of San Rafael has been a member of the Marin County Stormwater
Pollution Prevention Program since 1993; and
WHEREAS, the Marin Streetlight Joint Powers Authority administered MCSTOPPP and
provided budgetary review and approval until 2005; and
WHEREAS, in 2005 San Rafael and other member agencies adopted a Joint Exercise of
Powers Agreement (JEPA) to shift responsibility for MCSTOPPP oversight to the Marin County
Flood Control and Water District (District); and
WHEREAS, the District has proposed the adoption of a revised JEPA to clarify that the
District's Board of Supervisors is MCSTOPPP's governing body and to reflect that the Marin
Streetlight Joint Powers Authority is now known as the Marin General Services Authority.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael,
approves and authorizes the Mayor to execute the revised JEPA between the Marin County Flood
Control and Water Conservation District and the MCSTOPPP member agencies, in the form on file
with the City Clerk.
I, ESTHER C. BEIRNE, 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 held on the 81h of September 2009 by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
JOINT EXERCISE OF POWERS AGREEMENT
Relating to the
MARIN COUNTY STORMWATER
POLLUTION PREVENTION PROGRAM
MARIN COUNTY STORMWATER POLLUTION PREVENTION PROGRAM
JOINT EXERCISE OF POWERS AGREEMENT
This Joint Exercise of Powers Agreement is dated as of 2009,and is
made by and among the Marin County Flood Control and Water Conservation District,
the County of Marin, the Cities of Belvedere, Mill Valley, Novato, San Rafael and
Sausalito, the Towns of Corte Madera, Fairfax, Larkspur, Ross, San Anselmo, Tiburon,
and such other Local Agencies within the County of Marin as may hereafter become
signatories hereto (the "Member Agencies").
RECITALS
A. The Joint Powers Act provides that public agencies by agreement may
jointly exercise any power common to them.
B. The parties hereto are "public agencies" within the meaning of that term
under Section 6502 of the Joint Powers Act and possess in common the power to develop
and maintain mapping and other informational data to meet the informational needs of
the public and each of the Member Agencies.
C. The parties desire to enter into this Agreement in furtherance of the Joint
Powers Act.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. As used herein, the following terms shall have the
meaning ascribed thereto, unless the context requires otherwise.
"Aizreement" means this Joint Exercise of Powers Agreement.
"Board of Supervisors" means Board of Supervisors of the Marin County Flood
Control and Water Conservation District.
"District" means the Marin County Flood Control and Water Conservation
District
"Joint Powers Act" means Chapter 5 of Division 7 of Title I of the Government
Code of the State, as amended from time to time.
"Local Aizencv" has the meaning set forth in Section 53600 of the Government
Code of the State, as amended from time to time.
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"Member Agencv" means each of the original signatories to this Agreement and
any Local Agency, which hereafter becomes a signatory to this Agreement pursuant to
Section 6.12.
"MCSTOPPP" means the Marin County Stormwater Pollution Prevention
Program.
"State" means the State of California.
"Steering Committee" means the committee established pursuant to Section 5,01.
ARTICLE II
THE MCSTOPPP PROJECT
Section 2.01. Purvose of Agreement. The purpose of this Agreement is to
develop, implement and administer a stormwater pollution control program to reduce the
discharge of pollutants in stormwater to the maximum extent practicable per the
requirements of the General Permit for the Discharge of Stormwater from Small MS4s
(WQ Order No. 2003-0005-DWQ) and subsequent permits,
Section 2.02. Program Structure. Countywide Program activities are conducted
for the benefit of all MCSTOPPP agencies. In addition to participating in Countywide
Program planning activities, each MCSTOPPP agency must also implement a Local
Program. The roles of the Countywide Program and Local Programs for each task are
described in the MCSTOPPP stormwater management plan (Action Plan), attached as
Exhibit A to this Agreement. Local Programs must also implement performance
standards described in Appendix A of the action plan. The Action Plan may be amended
from time to time in response to permitting requirements.
Section 2.03. Prop -ram Activitv
(a) Caring for Our Creeks and Waterways
This activity describes watershed surveys, assessments, and monitoring to
identify impacts to water quality and habitat, integral to MCSTOPPP's
watershed approach. This activity also contains two important elements of
Federally mandated municipal stormwater programs: activities to prevent
pollutant discharge from municipal maintenance activities, and activities
to effectively eliminate non-stormwater discharges.
(b) Building and Renewing
This activity describes good site planning and development review
practices to ensure new projects are designed with watershed protection in
mind. This activity also describes control to minimize erosion and
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sedimentation from construction activities. An important element of this
activity is continuing education for municipal staff, contractors, and
engineers.
(c) Educating Ourselves at Work
This activity describes how MCSTOPPP controls pollutant discharges
from business activities through inspection and outreach. Continuing
education for municipal staff, business owners, and their customers is also
an important element in this activity
(d) Educating Ourselves at Home and School
This activity describes general public education and information
dissemination, as well as targeted education efforts to residential
neighborhoods and schools.
(e) Protecting Our Future
This activity describes how MCSTOPPP will work with the regulatory
community to obtain coverage under a municipal stormwater permit and
influence other regulatory programs, such as Total Maximum Daily Load
(TMDL) development and allocation,
ARTICLE III
ADMINISTRATION OF THE AGREEMENT
Section 3.01. Marin County Flood Control and Water Conservation District
(District) to Administer Agreement. The District shall administer this Agreement, and
shall exercise in the manner herein provided the powers common to the Member
Agencies and necessary to the accomplishment of the purposes of this
Agreement, subject to the restrictions set forth in Section 3.02.
Section 3.02. Restrictions on Exercise of Powers. Such powers shall be exercised
in the manner provided in the Joint Powers Act and shall be subject (in accordance with
Section 6509 of the Joint Powers Act) to the restrictions upon the manner of exercising
such powers that are imposed upon the District in the exercise of similar powers.
Section 3.03 Specific Services. The Marin County Flood Control and Water
Conservation District will oversee the implementation of the MCSTOPPP Program in
accordance with Article 11. The District has the authority to submit an annual report and
5 -year stormwater management plans to the California Regional Water Quality Control
Board on behalf of the member agencies.
Section 3.04. Compensation. In consideration for the services to be performed by
F.1
Marin County Flood Control and Water Conservation District an annual fee will be paid
by each Member Agency to the District upon approval of this Agreement and on or
before July I of each year thereafter while this Agreement is in effect. The fee shall be
paid within 60 days of billing unless alternate arrangements are submitted to and
authorized in writing by MCSTOPPP. The annual fee is in addition to any permit fees
levied by the State.
The annual fee shall be based on the annual cost of the program as approved by
the Board of Supervisors and allocated to member agencies in accordance with a land and
population pro rata as described below:
County Share = Population within Marin Countv (unincomorated areas)
Total population within Marin Co.
Each Cities Share = (1.00 -County Share) 0.5 (Area) + 0.5(Povulation)
ECity areas ECity population
ARTICLE IV
MEMBERSHIP
Section 4.01. Benefits of Membershin. By participating in the MCSTOPPP
Project, a Member Agency receives the following benefits: MCSTOPPP provides
assistance with implementation of the technical and regulatory aspects of the National
Pollutant Discharge Eliminations System (NPDES) Phase II stormwater program.
MCSTOPPP assists municipalities with the implementation of their local program tasks.
Section 4.02. Obligations of Member Agencies. Membership in the MCSTOPPP
Project obligates Member Agencies to: Share costs of the Countywide Program through
annual contributions as calculated in Section 3.04 .
Section 4.03. Member Oualifications. Member Agencies shall be limited to
Local Agencies located within Marin County.
Section 4.04. Indemnification.
(a) Each Member Agency shall be solely liable for the negligent acts or
omissions of its officers, representatives, agents or employees
occurring in the performance of this Agreement. If any Member
Agency becomes liable for damages, attorneys fees or any other costs
or liabilities caused by its officers, representatives, agents or
employees, it shall pay such damages, fees or costs without
contribution by the other Member Agencies.
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ARTICLE V
GOVERNING STRUCTURE
Section 5.01. The Marin General Services Authoritv. The Marin General
Services Authority shall be advisory to Board of Supervisors on the MCSTOPPP
program.
Section 5.02. Powers of the Marin General Services Authority.
(a) The Marin General Services Authority or its successor shall make
recommendations to the Board of Supervisors on the annual
MCSTOPPP stormwater management plan (Action Plan).
(b) The Marin General Services Authority or its successor shall
recommend to the Board of Supervisors an annual budget no later than
May 15 of each year.
ARTICLE VI
MISCELLANEOUS
Section 6.01. Fundiniz.
The Marin General Services Authority shall recommend an annual
budget for adoption by the Board of Supervisors no later than May 15
of each succeeding year. MCSTOPPP funds shall be maintained in a
trust account and these funds shall not be interspersed with other funds
held by the Treasurer.
(a) Funds may not be disbursed by the District on behalf of the
MCSTOPPP project without adoption of the approved budget, and all
receipts and disbursements shall be in strict accordance with the
approved budget. The budget shall identify the programs of the
MCSTOPPP project and allocate funds by program. The budget and
accounting system shall account for direct and overhead costs by
program. The Marin General Services Authority shall recommend
and the Board of Supervisors shall allocate these costs for each
program with the adoption of the annual budget.
Section 6.02. Treasurer. The Auditor -Controller of the County shall serve as the
Treasurer for the MCSTOPPP project.
The Treasurer shall serve as the depository, have custody of all funds and
establish and maintain such books, records, funds and accounts as may be required by
reasonable accounting practices, and in compliance with California Government Code
Section 6505. The books and records pertaining to the MCSTOPPP project shall be open
to inspection at all reasonable times to the Member Agencies and the public.
The Treasurer shall prepare such financial reports as may be requested by the
Marin General Services Authority and/or as directed by the Board of Supervisors.
The Treasurer shall cause an independent annual audit of the accounts and records
by a certified public accountant, in compliance with the requirements of Section 6505 of
the California Government Code and generally accepted auditing standards.
MCSTOPPP funds shall be maintained in a trust account and these funds shall not
be interspersed with other funds held by the Treasurer.
Section 6.03. Debts and Liabilities. Except as otherwise provided by Section
6.05(c), no debt, liability or obligation of the MCSTOPPP project shall constitute a debt,
liability or obligation of any Member Agency, and each Member Agency's obligation
hereunder is expressly limited only to the appropriation and contribution of such funds as
may be levied hereunder for services among the Member Agencies, or on a fee-for-
service basis, or as the parties hereto may otherwise agree.
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Section 6.04. Effective Date. This Agreement shall become effective when it has
been executed by seven (7) Member Agencies.
Section 6.05. Termination. This Agreement may be terminated as follows:
(a) By the Board of Supervisors upon thirty day written notice to the
member agencies
(b) By a majority of the Member agencies upon thirty day written notice to
the Member agencies.
(c) Upon termination, payment of the obligations and division of property
of MCSTOPPP shall be made pursuant to Section 6.06
Section 6.06. Disposition of authority Funds Ui)on Termination.
(a) In the event of termination of the MCSTOPPP project as organized
and managed under this Agreement, all funds remaining after payment
of all obligations of the MCSTOPPP project shall be transferred to any
successor organization or agency designated by the Board of
Supervisors to carry out the activities and operations of the
MCSTOPPP project.
(b) If there is no successor entity designated by the Board of Supervisors
to carry on the activities of the MCSTOPPP project, or assume its
obligations, all funds remaining after payment of all obligations shall
be distributed to the Member Agencies in proportion to their
contribution as approved by the Board of Supervisors after receiving
the recommendation of the Marin General Services Authority.
(c) If a successor organization or agency undertakes some of the functions
of the MCSTOPPP project, and assumes some of its obligations, all
funds remaining after payment of all obligations shall be allocated by
the Board of Supervisors between the successor organization or
agency and Member Agencies after receiving the recommendation of
the Marin General Services Authority.
(d) If the MCSTOPPP project is terminated due to circumstances falling
within paragraph (b) or (c) above, the decisions of the Board of
Supervisors shall be final.
Section 6.07. Amendments. This Agreement may be amended only upon the
recommendation of a two-thirds affirmative vote of the Marin General Services Authority
and subsequent approval by a majority of the Board of Supervisors.
Section 6.08. Withdrawal.
(a) Any Member Agency may withdraw from the MCSTOPPP project
effective July 1 of any year upon ninety (90) days written notice to the
District.
(b) If a Member Agency withdraws, its financial obligation shall be
limited to its share of costs and liabilities incurred by the MCSTOPPP
project prior to the date its written notice of withdrawal is effective as
provided by Section 6.03.
Section 6.9. Default by Member Agency. Failure to adhere to the requirements
of this Agreement may result in termination of Member Agency status effective July 1 of
any year, upon ninety (90) days prior written notice to the defaulting Member Agency by
MCSTOPPP, with subsequent approval by the Board of Supervisors.
Section 6.10. DiSDutes and Arbitration.
(a) The Member Agencies agree that any dispute which arises between or
among them involving the interpretation or application of this
Agreement, or the rights and remedies of the Member Agencies, which
cannot be resolved through discussion shall be subject to mandatory
binding arbitration pursuant to California Code of Civil Procedure
Section 1280, and shall not be subject to judicial determination except
as expressly provided by law.
(b) If a Member Agency wishes to submit a dispute to arbitration, it shall
serve a demand for arbitration, setting forth the issues to be arbitrated
and the general contentions of the Member Agency on the other
Member Agencies. All demands for arbitration shall be served within
one year of the event giving rise to the dispute.
(c) The Member Agencies may mutually agree upon an arbitrator. If the
Member Agencies cannot agree upon an arbitrator, the Member
Agency demanding arbitration shall request a list of arbitrators with
prior experience in similar disputes from the San Francisco Office of
the American Arbitration Association. Each Member Agency
(commencing in alphabetical order) shall alternately strike a name
from the list until only one name remains.
Section 6.11. Additional Member Agencies. In addition to the original
signatories to this Agreement, any Local Agency within Marin County may become a
Member Agency. The addition of any new Member Agency shall become effective upon
the execution on behalf of such Local Agency of a counterpart of this Agreement and the
delivery of such executed counterpart to the District.
Section 6.12. Notices. Any notice, request, or other communication under this
Agreement shall be given by first class mail or personal delivery to the party entitled
2
thereto, or by facsimile transmission or other form of telecommunication. Unless
otherwise provided herein, notice shall be effective either: (i) upon transmission by
facsimile transmission or other form of telecommunication, provided a telephonic
communication of such transmission is provided; (ii) forty-eight (48) hours after deposit
in the United States mail, postage prepaid; or (iii) in the case of personal delivery to any
person, upon actual receipt.
Section 6.13. Section Headings. All section headings in this Agreement are for
convenience of reference only and are not to be construed as modifying or governing the
language in the. section referred to or to define or limit the scope of any provision of this
Agreement.
Section 6.14. Law Govemina. This Agreement is made in the State of California
under the constitution and laws of the State, and is to be so construed.
Section 6.15. Severabilitv. Should any portion of this Agreement be held by any
court of competent jurisdiction to be invalid, unenforceable, void or voidable for any
reason whatsoever, the validity and enforceability of the remaining portions shall not be
affected thereby.
Section 6.16. Countemarts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, but all of which together shall constitute
one and the same instrument.
Section 6.17. Successors. This Agreement shall be binding upon and shall inure
to the benefit of the successors of the respective Member Agencies,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested by their proper officers thereunto duly authorized on the respective
dates shown below.
Date: 4 2009
13� sup�
By:
President of the Bq_a'ra of Supervisors
MARIN COUNTY FLOOD CONTROL
cn S
AND WATER CONSERVATION
'
VGo ATinNo DISTRICT
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President of the Board of Supervisors
By: approved on June 8. 2009. signed original on file
Mayor
CITY OF MILL VALLEY
By: approved on August 17. 2009. signed original on file
Mayor
CITY OF NOVATO
By: awroved on Julv 14. 2009, signed original on file
Mayor
CITY OF SAN RAFAEL
By: avoroved on September 8. 2009. signed original on file
Mayor
CITY OF SAUSALITO
By: approved on September 15. 2009, signed original on file
Mayor
By: anoroved on Seotember 1. 2009. signed original on file
Mayor
TOWN OF FAIRFAX
By: avproved on Julv 1. 2009. signed original on file
Mayor
TOWN OF LARKSPUR
By: approved on June 17, 2009, signed original on file
Mayor
TOWN OF ROSS
By: approved on July 9, 2009, signed original on file
Mayor
TOWN OF SAN ANSELMO
By: aDDroved on May 26, 2009, signed original on file
Mayor
By: aDDroved on July 15. 2009, signed original on file
Mayor
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EXHIBIT A
MCSTOPPP ANNUAL ACTION PLAN,
County of Marin
By:
President of the Board of Supervisors
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Mayor
CITY OF MILL VALLEY
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CITY OF NOVATO
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CITY OF SAN RAFAEL
By:
Mayor
CITY OF SAUSALITO
By:
Mayor
TOWN OF CORTE MADERA
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Mayor
TOWN OF FAIRFAX
By:
Mayor
TOWN OF LARKSPUR
By:
Mayor
County of Marin
By:
President of the Board of Supervisors
CITY OF BELVEDERE
By:
Mayor
CITY OF MILL VALLEY
By:
Mayor
CITY OF NOVATO
By:
Mayor
CITY OF SAN RAFAEL
By:
Mayor
CITY OF SAUSALITO
By:
Mayor
TOWN OF CORTE MADERA
By:
Mayor
TOWN OF FAIRFAX
By:
Mayor
TOWN OF LARKSPUR
By:
Mayor
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County of Marin
By:
President of the Board of Supervisors
CITY OF BELVEDERE
By:
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CITY OF MILL VALLEY
By:
Mayor
CITY OF NOVATO
By:
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CITY OF SAN RAFAEL
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County of Marin
By:
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County of Marin
By:
President of the Board of Supervisors
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CITY OF MILL VALLEY
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County of Marin
By:
President of the Board of Supervisors
CITY OF BELVEDERE
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CITY OF MILL VALLEY
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County of Marin
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CITY OF NOVATO
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County of Marin
By:
President of the Board of Supervisors
CITY OF BELVEDERE
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Mayor
CITY OF MILL VALLEY
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CITY OF NOVATO
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CITY OF SAN RAFAEL
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CITY OF MILL VALLEY
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CITY OF NOVATO
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CITY OF SAN RAFAEL
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