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1995-022-Sign The Agreement With The Santa Clara Valley Water District In Support Of Part A Of The Storm Water Infiltration Device Policy, And Prohibiting New Infiltration Devices In The Public Right-Of-WayRESOLUTION 1995 -22 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH THE SANTA CLARA VALLEY WATER DISTRICT IN SUPPORT OF PART A OF THE STORM WATER INFILTRATION DEVICE POLICY, AND PROHIBITING NEW INFILTRATION DEVICES IN THE PUBLIC RIGHT -OF -WAY WHEREAS, the Bay Basin Plan, adopted by the Regional Water Quality Control Board in implementation of the Federal Clean Water Act, requires a control program to locate existing devices and regulate the construction and usage, and the permitting and registration of storm water infiltration devices; and WHEREAS, the "Shallow Drainage Wells" Amendment to the Bay Basin Plan, adopted by the Regional Water Quality Control Board, requires a coordinated effort by state and local government agencies to develop and implement a control program for storm water infiltration devices; and WHEREAS, Town of Los Gatos prohibits new infiltration devices in the public right - of -way; and WHEREAS, a joint agreement has been prepared for Part A of the Storm Water Infiltration Device Policy for the Town of Los Gatos and the Santa Clara Valley Water District, BE IT RESOLVED, that the approval of the agreement with the Santa Clara Valley Water District in support of Part A of the Storm Water Infiltration Device Policy and the Mayor of the Town of Los Gatos is authorized to sign the agreement providing for Implementation Part A of the Storm Water Infiltration Device Policy PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of February, 1995, by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck Mayor Patrick O'Laughlin NAYS: None ABSENT: None ABSTAIN: None SIGNED: �j� , V ' MAYOR OF THE TO� OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA MEMORANDUM OF UNDERSTANDING AGREEMENT AC:7R' S - - - -- alo: BETWEEN TOWN OF LOS GATOS AND THE SANTA CLAR —VALLEY WATER DISTRICT THE TOWN OF LOS GATOS County," and a political subdivision of the State of California, hereinafter "City or SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California, hereinafter "District." AGREE this day of RECITALS: 1995 NWas follows: A. The Federal Safe Drinking Water Act, the Regional Water Quality Control Board ( RWQCB) San Francisco Bay Basin Water Quality Control Plan, and state law and regulations prohibit the unauthorized construction and use of storm water infiltration devices and requires a control program to locate existing devices and regulate the construction and usage of existing and devices the permitting and registration of Storm Water Infiltration Devices. B. The "Shallow Drainage Wells" Amendment to the San Francisco Bay Basin Water Quality Control Plan adopted by the RWQCB on September 16, 1992, requires a coordinated effort by state and local government agencies to develop and implement a control program for storm water infiltration devices. C. Under authority of the Santa Clara Valley Water District (District) Act (Stats. 1951, c. 1405, as amended), the District administers a well ordinance and "Standards for the Construction and Destruction of Wells and Other Deep Excavations in Santa Clara County" and is empowered to prevent contamination or pollution of groundwater basins in Santa Clara County. D. The District has adopted Resolution No. 93 -59 Regarding the Use of Storm Water Infiltration Devices. E. It is the intent of the District to allow the use of Storm Water Infiltration Devices only in areas where the City or County cooperates in protecting groundwater quality by administering the conditions of this agreement. F. This agreement is composed of two parts: (1) Part A— Existing Storm Water Infiltration Devices and (2) Part B —New Storm Water Infiltration Devices. The City or County agrees to meet conditions set forth in both Part A and Part B —or —Part A only of this Agreement. MC9415 AGREEMENT: PART A EXISTING STORM WATER INFILTRATION DEVICES A. The District shall allow the conditional use of existing Storm Water Infiltration Devices within the City or County in accordance with the conditions of this Agreement. B. The administrative program for regulatory oversight and monitoring is to be implemented by the City or County for existing Storm Water Infiltration Devices. This program shall include, at a minimum, the following elements: The City or County shall initiate and conduct an effort to locate and inventory existing Storm Water Infiltration Devices which are currently unregistered. The City or County shall provide to the District an annual report documenting the locations of unregistered Storm Water Infiltration Devices that are discovered by this effort. This effort should, at a minimum, include incorporating a request for this information into the routine existing Hazardous Materials Business Plan (HMBP) or Non Point Source (NPS) Program facility inspection programs conducted within the City or County. 2. The City or County shall perform periodic inspections of existing known Storm Water Infiltration Devices located at HMBP permitted facilities sites within their jurisdiction to determine if hazardous materials spills or leaks may have entered the Storm Water Infiltration Devices. The City or County may also wish to incorporate such inspections into existing HMBP or NPS program inspections. 1 The City or County may wish to implement Parts B.1 and B.2 of Part A of this Memorandum of Understanding by requesting that the provider of such inspections within the City or County carry out said parts when such provider is a separate entity from City or County of jurisdiction. 4. The City or County shall incorporate compliance and education components regarding Storm Water Infiltration Devices into the HMBP or NPS program. The compliance and education components should include at a minimum, stencilling of Storm Water Infiltration Devices and referencing Storm Water Infiltration Devices in HMBP or NPS program publications. 5. The City or County shall immediately report to the District and the RWQCB any known contamination or potential contamination to groundwater or the subsurface by a storm water infiltration. C. The District shall conduct an evaluation of the relative risk posed by infiltration devices to the groundwater quality and present draft findings and recommendations prioritizing areas having infiltration devices not later than 18 months after the City or County submittal of the first annual report of infiltration device locations. Draft findings and recommendations shall be circulated to City or County and appropriate state and federal agencies and interested parties for review, comment, and concurrence prior to finalization. The District's evaluation will recognize and be consistent with general risk factors as outlined in Table 1. MC9415 2 D. The District and the City or County shall develop a program and an implementation schedule for the monitoring or destruction of infiltration devices based on the devices' relative risk posed to groundwater consistent with the final findings and recommendations of the evaluation conducted pursuant to Section C- E- This agreement may he terminated by either party by written notice and by resolution at least 90 days prior to requested termination dare. Nonperformance by either party shall result in termination of this agreement. If this agreement is terminated by the City or County, the District may require the proper destruction of any or all Storm Water Infiltration Devices within the City or County jurisdiction within 3 years from the date of termination. MC9415 3 CITY OR COUNTY Date: IM (Title) DAVID W. KNAPP, TOWN MANAGER APPROVED AS TO FORM: By: City or County Counsel LARRY ANDERSON, TOWN ATTORNEY ATTEST: MARIAN V. COSGROVE, TOWN CLERK SANTA CLARA VALLEY WATER DISTRICT Date: By: Chairman, Board of Directors Date: By: General Manager APPROVED AS TO FORM: Rv• General Counsel ATTEST: SUSAN A. PING Clerk /Board of Directors MC9415 4