REPORT TO COUNCIL
SUBJECT
Title
Action on the Fourth Amendment to the Memorandum of Agreement with Santa Clara Valley Municipalities to Allow for the Continuation of the Santa Clara Valley Urban Runoff Pollution Prevention Program
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure; Promote Sustainability and Environmental Protection
BACKGROUND
The Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) assists local government agency members to comply with California Regional Water Quality Board requirements for discharges of storm water under the federal Clean Water Act. SCVURPPP was originally formed in 1990 through a Memorandum of Agreement (MOA) among Santa Clara Valley-based local government agencies, including Valley Water, the County of Santa Clara, and thirteen cities and towns, including the City of Santa Clara.
SCVURPP and other Bay Area municipalities were reissued a new Municipal Regional Stormwater Discharge Elimination Permit (MRP 3.0) last spring, which became effective on July 1, 2022. The current term of the MOA governing the SCVURPPP as established through its last amendment is set to expire on June 30, 2023, one year after the effective date of the MRP 3.0 issued by the Regional Water Board.
MRP 3.0 includes many of the requirements that were included in previous municipal regional Stormwater Permits. It also contains several new requirements designed to further address high priority water quality issues in Bay Area receiving waters. An Amendment to the MOA approved by all members is necessary to continue the SCVURPPP and leverage resources to comply with water quality monitoring, pollutants of concern, community outreach, reporting, future permit negotiations, and other aspects of the new permit.
DISCUSSION
In January 2023 Hilton, Farnkopf and Hobson (HF&H) reviewed SCVURPPP’s internal controls, practices and performance and concluded that the SCVURPPP Program functions and budget are appropriately managed and in line with other Bay Area stormwater programs. The Management Committee overseeing SCVURPPP subsequently voted to have its members authorize an amendment for timely approval by their governing bodies (or duly delegated officials) to extend its term for a year beyond the new MRP 3.0 duration. MRP 3.0 is set to expire on June 30, 2027, although MRP terms have historically been extended by a couple of years while the subsequent MRP is being negotiated and finalized.
The MOA’s terms require that amendments be unanimously approved by all participating municipalities within three months of being proposed through a recommendation of the SCVURPPP Management Committee. The Management Committee adopted such a recommendation on January 19, 2023, meaning the participating municipalities have until April 19, 2023 to consider this matter and execute their approvals. The City’s FY 2023/24 SCVURPPP Program cost will be $353,000, which is funded by Storm Drain Environmental Compliance Fee revenues.
The requested extension of the MOA’s term will allow the SCVURPPP Program to continue to operate and serve the participating municipalities, including the City of Santa Clara, throughout the term of MRP 3.0. The continuation of SCVURPPP will also provide for similar economies of scale and aligning of positions relative to reporting and compliance that have been achieved in the past.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of California Environmental Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has not potential for resulting in either a direct change in the environment, or as a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
The City’s estimated FY 2023/24 SCVURPPP assessment is $353,000, which is approximately 6.2 percent of the total SCVURPPP annual budget of $5,660,000. The SCVURPPP assessment is already part of the Department of Public Works’ Urban Runoff Pollution Prevention Program base budget, so a budget amendment is not necessary.
COORDINATION
This report has been coordinated with the City Attorney’s Office and City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Authorize the City Manager to execute the Fourth Amendment to the Memorandum of Agreement with Santa Clara Valley Municipalities to Allow for the Continuation of the Santa Clara Valley Urban Runoff Pollution Prevention Program
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Office of the City Manager
ATTACHMENTS
1. Memorandum of Agreement for the Santa Clara Valley Urban Runoff Pollution Prevention Program
2. Fourth Amendment to the Memorandum of Agreement for the Santa Clara Valley Urban Runoff Pollution Prevention Program