2005-012 - Approving The First Amendment To Agreement Providing For Implementation Of The Santa Clara Urban Runoff Pollution Prevention Program And Authorizing The Town Manager To Sign The AgreementRESOLUTION 2005 -012
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING THE FIRST AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM AND
AUTHORIZING THE TOWN MANAGER TO SIGN THE AGREEMENT
WHEREAS, on December 12, 1999, the Town Manager of the Town of Los Gatos signed
the Agreement Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution
Prevention Program as authorized by the Town Council; and
WHEREAS, the Town Council signed a first amendment to the agreement in December,
2004, and the Santa Clara Valley Water District (SCV WD) subsequently determined that they could
not sign the first amendment due to budgetary concerns associated with the requirement for SCV WD
to pay 30 % of the costs of the program; and
WHEREAS, the term of the agreement will expire on March 10, 2005, and the parties to the
agreement wish to continue the agreement in full force for one additional year and have agreed to
conduct an independent review by December 31, 2005 to evaluate the MOA's cost allocation
formula and evaluate the term, scope and cost of the Program MOA.
NOW, THEREFORE, IT IS RESOLVED that the Town Manager is hereby authorized to
execute the First Amendment to Agreement Providing for Implementation of the Santa Clara Valley
Urban Runoff Pollution Prevention Program (Exhibit A).
NOW, THEREFORE, IT IS FURTHER RESOLVED that Resolution 2004 -155
approving the first amendment in December, 2004 is hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 7 day of
March, 2005 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: lf �� ✓ � N•
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
ATTEST:
CLERK ADM IST ATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
FIRST AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION
OF
THE SANTA CLARA VALLEY
URBAN RUNOFF POLLUTION PREVENTION PROGRAM
This first 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 SARATOGA, 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 SUNNYVALE, a municipal corporation of the State'of California; and COUNTY OF SANTA
CLARA, a municipal corporation 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 "). A copy of the agreement is
attached hereto as Appendix A. Unless otherwise set forth herein, all terms shall have
the meaning set forth in the Agreement;
B. The Agreement provided for a five -year term, which, based on its execution, is
currently set to conclude on or about March 10, 2005;
C. The Parties expect to utilize the Program to submit a reapplication for the
NPDES Permit in early 2005 and to otherwise address a variety of matters related to
assisting the Parties in effectuating compliance with the Permit after March 10, 2005;
D. The Parties therefore desire to extend the term of the MOA as set forth below;
E. 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
Er3N.� M, �N R If
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS:
Section 6.
Section 6.02 of the Agreement is hereby amended as follows:
6.02.01 This Agreement shall continue in full force and effect for an additional
one year beyond its original termination date of March 10, 2005, unless
otherwise terminated by the Parties in accordance with Section 6.03.
Section 2.
Section 2.04 of the Agreement is hereby amended as follows:
2.04.01 The Program shall conduct an independent review by December 31,
2005 to evaluate the MOA's cost allocation formula and evaluate the
term, scope and cost of the Program MOA.
P AI
IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10, 2005.
Santa Clara Valley Water District By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
Town of Los Gatos: By:
Debra E. Figone, Town Manager
Date:
Approved as to Form By.
Orry Korb, Town Attorney
Date:
Attest By.
Marlyn J. Rasmussen, Clerk Administrator
Date:
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