HomeMy WebLinkAbout097-2013RESOLUTION NO. 97-2013
APPROVING THIRD AMENDMENT
TO STORMWATER UTILITY AREA AGREEMENT
BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT AND THE TOWN OF DANVILLE
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. CAS612008 and CAS083313)
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, the District and the Town of Danville ( "Town ") entered into an agreement
entitled "Stormwater Utility Area Agreement between the Contra Costa County Flood
Control and Water Conservation District and the Town of Danville" dated
September 18, 2003 (as amended, the "SUAA "), 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 April 13, 2010 the Town approved a Second Amendment to the SUAA
authorizing the District to enter into an agreement among the Contra Costa County
Flood Control and Water Conservation District, 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, dated
October 26, 2009 ( "Inspection Agreement ") on its behalf, for those agencies to perform
joint inspection activities and illicit discharge control activities on behalf of the Town
and fourteen (14) other municipalities in Contra Costa County; and
WHEREAS, it is in the interest of the Town to continue participating in the joint
inspection program; and
WHEREAS, the Inspection Agreement has recently been amended and restated to
extend the agreement term and to revise the scope of the indemnification provisions;
and
WHEREAS, it is necessary to amend the SUAA to provide the District with authority to
execute the Amended and Restated Contra Costa Clean Water Program Inspection
Activities Agreement, dated June 30, 2013, by and among the District, Central Contra
Costa Sanitary District, Delta Diablo Sanitation District, and West County Wastewater
District.
NOW, THEREFORE, BE IT, the Town of Danville does resolve as follows:
1. Approve and authorize the District to execute the Amended and Restated Contra
Costa Clean Water Program Inspection Activities Agreement, dated June 30, 2013,
by and among the District, Central Contra Costa Sanitary District, Delta Diablo
Sanitation District, and West County Wastewater District, which is Exhibit A of the
Third Amendment to the SUAA (see Attachment B of this administrative staff
report).
2. Approve and authorize the Town Manager to execute the Third Amendment to the
SUAA, a copy of which is attached to this administrative staff report as Attachment
B.
3. Authorize the Town Manager to execute any additional documents necessary to
implement these agreements.
4. This Resolution shall become effective immediately upon its passage and adoption.
5. Authorize the City Clerk to send three (3) certified copies of this Resolution and
three (3) signed originals of the Third Amendment to the SUAA to the Contra Costa
Clean Water Program.
PAGE 2 OF RESOLUTION NO. 97-2013
APPROVED by the Danville Town Council at its regular meeting on
November 19, 2013 by the following vote:
AYES: Arnerich, Storer, Doyle, Mot
NOES: None
ABSTAINED: None
ABSENT: None
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APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
PAGE 3 OF RESOLUTION NO. 97-2013