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HomeMy WebLinkAbout136-03RESOLUTION NO. 136-2003 APPROVING THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF DANVILLE FOR INSPECTION SERVICES WHEREAS, the Danville Town of Danville, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and WHEREAS, on July 21,1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal'NPDES permit for public agencies under its jurisdiction; and WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan (1999/2004) June 30,1999" (Plan and its successor); and WHEREAS, the Plan does and'shall contain components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, The Town of Danville agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather than establishing new unique inspection programs solely for each municipality; and WHEREAS, fifteen (15) municipalities, namely, Antioch, Clayton, Concord, Danville, E1 Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITARY DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM" for inspection activities and illicit discharge control activities; and WHEREAS, it is in the interest of the Town of Danville to continue participating in this joint inspection program; and WHEREAS, a "STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF DANVILLE (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on July 15, 2003; and WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program; and WHEREAS, on July 15, 2003 the Town of Danville adopted the County-recommended First Amendment to the Stormwater Utility Area Agreement that contained errors; and WHEREAS, the First Amendment to the Stormwater Utility Area Agreement is essentially the same as the previously approved amendment, but formally terminates the old agreement and references the corrected dates of the new Stormwater Utility Area Agreement; now therefore, be it RESOLVED, that Danville Town Council authorizes the following: The Town Manager to execute the "FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND TOWN OF DANVILLE subject to City Attorney's approval. 2. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. APPROVED by the Danville Town Council at a regular meeting on December 16, 2003, by the following vote: AYES: Arnerich, NOES: None ABSTAINED: None ABSENT: None Doyle, Andersen, Shimansky, Stepper M,~YOI~ APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK PAGE 2 OF RESOLUTION NO. 136-2003