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Home My WebLink AboutMINUTES - 07201999 - C39 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 20, 1999 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, AND CANCIMILLA NOES: NONE ABSENT: SUPERVISOR DESAULNIER ABSTAIN: NONE RESOLUTION NO. 99/ 358 SUBJECT: APPROVE THIRD AMENDMENT TO THE STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT) AND THE COUNTY OF CONTRA COSTA(COUNTYWIDE) The Board of Supervisors of Contra Costa County RESOLVES THAT; WHEREAS, the County of Contra Costa, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities,has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System(NPDES)permit for stormwater discharges; and, WHEREAS,on September 15, 1993,the San Francisco Bay Regional Water Quality Control Board issued a five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS,on January 28, 1994,the Central Valley Regional Water Quality Control Board issued a five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS,nineteen(19)municipalities approved a"Stormwater Utility Area and Program Group Costs Payment Agreement Between Contra Costa County Flood Control & Water Conservation District (referred to as "Cost Payment Agreement") ..." and each participating municipality delineating activities to be taken jointly; and,the implementation of stormwater utility assessments; and, WHEREAS,the first Joint Municipal NPDES Permit expired on August 31, 1998 and the Cost Payment Agreement expires on August 15, 1999; and, WHEREAS, all twenty(20)municipalities have submitted the necessary application for a second Joint Municipal NPDES Permit which is awaiting approval by the San Francisco Bay and Central Valley Regional Water Quality Control Boards; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by all participating municipalities; and, WHEREAS,the"Cost Payment Agreement"needs to be modified to accurately reflect only the implementation of Stormwater Utility Assessments; and, WHEREAS,the"Cost Payment Agreement"needs to be extended to December 31, 1999 in order for the proper review, modification and approval of this revised Agreement to take place. NOW, THEREFORE BE IT RESOLVED, THE COUNTY of CONTRA COSTA DOES RESOLVE AS FOLLOWS: 1. Authorize the Chair, Board of Supervisors, to execute the amendment to the Cost Payment Agreement subject to County Counsel's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa Clean Water Program Manager. I hereby certify that this is a true and correct copy of an action taken and entered on the Originator: Public Works (FC) minutes of the Board of Supervisors on the Contact: Linda Bulkeley (925) 313-2238 date shown. c: D. Eckerson, Public Works ATTESTED: T. Williams, Public Works PHIL BATCH LOR, Merk oft a Board of Supervisors and Count Administrator LMB:sl By Deputy IV g:GrpData\fldctl\lbulkele\bo\Reso Third Amendment Cost Pay.d RESOLUTION NO. 99/358 t CONTRA COSTA COUNTY FLOOD COUNTY OF CONTRA COSTA CONTROL AND WATER ' CONS ATION RICT hai , oar f Supervisors air, oar of Supervisors ATTE�BT: 4il Phil atchetor, Clerk of the Board of Supervisors Jerk of the Board of Supervisors County Administrator County Administrator By: By: Dep De0y Recommended for Approval: Recommended for Approval: J. Michael Watford Chief Engineer Public Works Director By: Form Approved: Form Approved: Victor J.Westman Victor J.Westman County Counsel County Counsel c By: By: Deputy D Aputy G:\GrpData\FldCtl\lbulkele\BO\THIRD AMENDMENT Cost Pay.doc 07/8/99 THIRD AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE COUNTY of CONTRA COSTA This THIRD AMENDMENT, entered into on the day of , 1999, is between the County of Contra Costa, a political subdivision of the State of California, hereinafter "COUNTY", and Contra Costa County Flood Control and Water Conservation District, a body corporate and politic, hereinafter "DISTRICT." This THIRD AMENDMENT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter "Agreement", Between DISTRICT AND COUNTY entered into on the 14th day of December, 1993. The parties of this THIRD AMENDMENT mutually agree and promise as follows: The Agreement is amended by revising Section 14 to read as follows: 14. AGREEMENT EXPIRATION: Unless earlier terminated under Section 12 above, this AGREEMENT shall expire on December 31, 1999. Except as expressly modified by this THIRD AMENDMENT and previous amendments, the Agreement shall remain in full force and effect.