HomeMy WebLinkAbout120-09
RESOLUTION NO. 120-2009
APPROVING THE SECOND AMENDMENT TO THE STORMWATER UTILITY
AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF
DANVILLE FOR INSPECTION SERVICES
WHEREAS, the County of Contra Costa, the Contra Costa County Flood Control and
Water Conservation District (DISTRICT), and nineteen (19) cities and towns in Contra
Costa County have joined to form the Contra Costa Clean Water Program (PROGRAM);
and
WHEREAS, the members of the Program hold joint National Pollutant Discharge
Elimination System (NPDES) Stormwater Permits (Nos. CA0029912 and CA0083313)
issued by the San Francisco Bay and Central Valley Regional Water Quality Control
Boards, respectively; and
WHEREAS, the NPDES Permits require the inspection of industrial and commercial
facilities and the control of illicit discharge activities; and
WHEREAS, on September 18, 2003, the DISTRICT and the Town of Danville (TOWN)
entered into an agreement entitled "STORMW A TER UTILITY AREA AGREEMENT
BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT AND THE TOWN OF DANVILLE" (SUA AGREEMENT),
which provides for the imposition, collection, and administration of Stormwater Utility
Assessments for the funding of NPDES Permit activities; and
WHEREAS, the TOWN 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, separate inspection programs for each
municipality; and
WHEREAS, on December 16, 2003, the TOWN approved a First Amendment to the
SUA AGREEMENT authorizing the DISTRICT to enter into an agreement with the
Central Contra Costa Sanitary District, Delta Diablo Sanitation District, and the East Bay
Municipal Utility District (INSPECTION AGREEMENT) for those agencies to perform
joint inspection activities and illicit discharge control activities on behalf of the TOWN
and fourteen (14) other municipalities, namely Antioch, Clayton, Concord, EI Cerrito,
Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San
Ramon, and Walnut Creek; and
WHEREAS, it is in the interest of the TOWN to continue participating in this joint
inspection program; and
WHEREAS, the INSPECTION AGREEMENT has recently been revised to extend the
agreement term, to modify the procedure for formal enforcement actions, and to revise
the scope of the indemnification provisions; and
WHEREAS, it is necessary to amend the SUA AGREEMENT to provide to the
DISTRICT additional authority to revise the INSPECTION AGREEMENT and to
continue administering the joint inspection program, as revised; now, therefore, be it
RESOLVED by the Danville Town Council as follows:
1. Approve and authorize the District to execute the revised INSPECTION
AGREEMENT entitled " AGREEMENT AMONG THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON
BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE
CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO
SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY
DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM'S
INSPECTION ACTIVITIES."
2. Approve and authorize the Town Manager to execute the Second Amendment to
the SUA AGREEMENT.
3. This Resolution shall become effective immediately upon its passage and
adoption.
4. Three (3) certified copies of this Resolution and three (3) signed originals of the
Second Amendment to the SUA AGREEMENT shall be promptly forwarded to
the Contra Costa Clean Water Program.
APPROVED by the Danville Town Council at a regular meeting on November 17, 2009,
by the following vote:
AYES: Arnerich, Doyle, Andersen, Stepper,
NOES: None
ABSTAINED: None
ABSENT: None
7[;;;f5T~~
CITY ATTORNEY
PAGE 2 OF RESOLUTION NO. 120-2009