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Staff ReportPREPARED BY: MATT MORLEY DIRECTOR OF PARKS AND PUBLIC WORKS Reviewed by: Assistant Town Manager Town Attorney Finance MEETING DATE: 10/04/16 ITEM NO: 4 COUNCIL AGENDA REPORT DATE: SEPTEMBER 21, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A THIRD AMENDMENT TO AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM RECOMMENDATION: Authorize the Town Manager to execute a Third Amendment to Agreement (Attachment 1) providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program. BACKGROUND: In 1999, the Town entered into an agreement providing for the implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (MOA). A first amendment to the agreement was executed in 2005, and a second amendment in 2006 authorizing a continuation of the program without changing the original terms. This program is an association of 13 cities and towns and includes the County of Santa Clara and the Santa Clara Water District, sharing a common National Pollutant Discharge Elimination System (NPDES) permit to discharge stormwater to the San Francisco Bay, and incorporating regulatory, monitoring, and outreach measures to reduce pollution to the creeks and waterways of Santa Clara Valley draining to the San Francisco Bay. The NPDES permit adopted by the California Regional Water Quality Control Board in 2009 was known as the Municipal Regional Permit (MRP) as is shared by 76 public agencies. Bay Area Municipalities were issued a new Municipal Regional Stormwater Permit (MRP 2.0) effective January1, 2016 continuing many of the previous requirements and adding new requirements, such as a requirement to develop a green stormwater infrastructure plan. PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A THIRD AMENDMENT TO AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM SEPTEMBER 21, 2016 DISCUSSION: Based on a vote of the program’s management committee on August 18, 2016, on which the Town participates, a third amendment of the MOA to extend the Program on its original terms was unanimously approved for referral to each governing body for execution. This Third Amendment to Agreement is to further extend the term of the MOA one fiscal year beyond the date of termination of MRP 2.0, which is currently scheduled to terminate on December 31, 2020. CONCLUSION: Staff recommends that the Council authorize the Town Manager to execute a Third Amendment to Agreement providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Annual payment of the Town’s proportionate share of the program costs (1.74%), funding for and performance of the storm water pollution prevention activities, and any other NPDES permit requirements are funded from the current NPDES Program fund. Attachment: 1. Third Amendment to Agreement Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program