HomeMy WebLinkAbout04-06 • •
RESOLUTION NO 4—0 6
A RESOLUTION OF THE CITY COUNCIL
OF THE TOWN OF LOS ALTOS HILLS
AUTHORIZING EXECUTION OF SECOND AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY
URBAN RUNOFF POLLUTION PREVENTION PROGRAM
WHEREAS, the City Council of the Town of Los Altos Hills has read and considered
that SECOND AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM (2ND AMENDMENT);
NOW THERFORE, the City Council of the Town of Los Altos Hills does hereby
authorize the City Manager on behalf of the Town to execute the 2ND AMENDMENT.
REGULARLY PASSED AND ADOPTED this 26TH day of January, 2006.
By:
Mayor
ATTEST:
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SECOND AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS SECOND AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM(the "Amendment") is entered into by and
between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of
the State of California("District"); CITY OF CAMPBELL, a municipal corporation of
the State of California; CITY OF CUPERTINO, a municipal corporation of the State of
California; CITY OF LOS ALTOS, a municipal corporation of the State of California;
TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California;
TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF
MILPITAS, a municipal corporation of the State of California; CITY OF MONTE
SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN
VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a
municipal corporation of the State of California; CITY OF SAN JOSE, a municipal
corporation of the State of California; CITY OF SANTA CLARA, a municipal
corporation of the State of California; CITY OF SARATOGA, a municipal corporation
of the State of California; CITY OF SUNNYVALE, a municipal corporation of the State
of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of
California.
All of the above-mentioned entities are hereinafter collectively referred to as
"Parties" or individually as "Party."
RECITALS
A. The Parties previously entered into that certain Agreement Providing For
Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program
(the"Agreement" or"MOA")pursuant to which the Parties established certain terms and
conditions relating to the implementation and oversight of the Santa Clara Valley Urban
Runoff Pollution Prevention Program(the"Program"), including a cost sharing
allocation,which was appended thereto as Exhibit A. A copy of the Agreement,
including Exhibit A, is attached hereto as Appendix 1. Unless otherwise set forth herein,
all terms shall have the meaning set forth in the Agreement;
B. The Agreement originally provided for a five year term, which, based on
its execution, was set to conclude on or about March 10, 2005. However, on or about
February 20, 2005,the Parties unanimously entered into a First Amendment to the
Agreement (attached hereto as Appendix 2), which extended the term of the Agreement
by one additional year and, during that year, directed the Program to undertake a
management and cost allocation review. The Program used an independent contractor to
conduct the management and cost allocation review, which was completed and submitted
to the Management Committee in November 2005;
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C. The Parties expect to utilize the Program to continue to represent their
interests in negotiating the terms of a renewed NPDES Permit,which may manifest itself
in a Municipal Regional Permit("MRP"), in 2006, and to otherwise address a variety of
matters related to assisting the Parties in effectuating compliance with the Permit and/or
MRP after March 10, 2006;
D. The Parties also expect to continue to utilize the Program's preferred
approach of achieving consensus to resolve issues and reach decisions, and to rely on the
Majority Vote
mechanism set forth in Section 2.08 of the Agreement at the Management
Committee level only when consensus-based resolutions appear or become elusive;
E. The Parties desire to update the Agreement and extend the term of the
MOA as set forth below;
F. Section 7.02 of the MOA provides that it may be amended by the
unanimous written agreement of the Parties and that all Parties agree to bring any
proposed amendments to their Council or Board, as applicable, within three (3) months
following acceptance by the Management Committee; and
G. The Program's Management Committee accepted this Amendment for
referral to the Parties' Councils and/or Boards at its meeting on December 15, 2005.
NOW,THEREFORE, THE PARTIES HERETO FURTHER AGREE AS
FOLLOWS:
1. Recognition of Current Permit. Recital F of the Agreement is hereby
amended by the following additional subsections:
3. Order No. 01-024re-issued NPDES Permit No. CAS029718 • adopted
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February 21,2001;
4. Order No. 01-119 (Modification to re-issued NPDES Permit No.
CAS029718); adopted October 17, 2001;
5. Order No. R2-2005-0035 (Further Modification to re-issued NPDES
Permit No. CAS029718); adopted July 20, 2005.
2. Cost Sharing Allocation. Effective with fiscal year 2007,the following
footnote shall be deemed to have been added to "Exhibit A" of the MOA and to be shown
by means of an asterisk placed immediately following the Proportional Share of
"30.02%" shown for the District:
*One-third of the District's 30.02% contribution is expected to be from funding
derived by the District from Outcome 2 and Activity 2.5 of the voter-adopted
Clean Safe Creeks program;the remaining two-thirds of the District's
contribution is expected to be derived by the District from property tax revenues.
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3. Contracting/Fiscal Agent. Section 4.02 of the Agreement is hereby replaced
by the following:
In March 2005,the District notified the Management Committee that it
was withdrawing as the Contracting/Fiscal Agent within ninety(90) days;
the City of Sunnyvale thereafter agreed to serve as the Contracting/Fiscal
Agent and was nominated to do so by another Party and selected as the
Program's Contracting/Fiscal Agent by a majority vote of the
Management Committee. The City of Sunnyvale may withdraw as the
Contracting/Fiscal Agent upon the provision of ninety(90) days written
notice to the Management Committee.
4. Extension of Term of Agreement. Sections 6.02 and 6.02.01 of the
Agreement, as previously amended, are hereby replaced as follows:
This Agreement shall have a term extending one fiscal year
beyond the termination date of the next NPDES Permit issued to
the Parties by the RWQCB-SFBR; such termination date shall,
include any administrative extension of the next NPDES
Permit's term which occurs pursuant to the NPDES regulations.
5. Superseding Effect. This Second Amendment of the Agreement shall
supersede and replace the First Amendment of the Agreement.
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IN WITNESS WHEREOF,the Parties have executed this Amendment effective as of
March 10, 2006.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
Town of Los Altos Hills: By:
Name: Maureen Cassingham. Carl Cahill
Title: City-Manage,. Acting. City Manager
Date: *146flQt,fl1 (/l Za006
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