2004-155-Approving 1st Amendment To Agreement Providing For Implementation Of The Santa Clara Valley Urban Runoff Pollution Prevention ProgramRESOLUTION 2004 -155
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 term of the agreement will expire on March 10, 2005, and the parties to the
agreement wish to continue the agreement in full force and effect on an ongoing basis beyond the
expiration date unless otherwise terminated by the parties.
WHEREAS, there are no changes proposed to the agreement except to continue the
agreement beyond the expiration date unless otherwise terminated by the parties.
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).
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 20 day
of December, 2004 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT
Steve Glickman, Diane McNutt, Joe - Pirzynski, Barbara Spector,
Mayor Mike Wasserman
None
None
ABSTAIN: None
ti
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
ATTEST:
CLERK AD I INISTRATOR 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 SAN JOSE, a municipal
corporation of the State of California; CITY OF SANTA CLARA, a municipal
corporation of the State of California; CITY OF SARATOGA, 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 political subdivision 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;
Exhibit A
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
F. The Program's Management Committee accepted this Amendment for
referral to the Parties' Councils and /or Boards at its meeting on October 21, 2004.
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS
FOLLOWS:
1. Extension of Term of Agreement Section 6.02 of the Agreement is hereby
amended as follows:
6.02.01 This Agreement shall continue in full force and
effect on an ongoing basis and beyond its original termination date
of March 10, 2005, unless otherwise terminated by the Parties in
accordance with Section 6.03.
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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:
DEBRA J. FIGONE, Town Manager
ATTEST:
MARLYN RASMUSSEN, Clerk Administrator
APPROVED AS TO FORM:
ORRY P. KORB, Town Attorney
Name:
Title:
.Date:
TOWN OF LOS GATOS
Date:
Date:
Date:
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Appendix A
Agreement Providing For Implementation
of the Santa Clara Valley Urban Runoff
Pollution Prevention Program
as fully executed as of March 10, 2000