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