Loading...
HomeMy WebLinkAboutMINUTES - 08031999 - C20 TO: BOARD OF SUPERVISORS,AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: August 3, 1999 SUBJECT: APPROVE THIRD AMENDMENT TO THE STORMWATER.L7rILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT TO EXTEND THE EXPIRATION' DATE FROM AUGUST 15, 1999 TO DECEMBER 31, 1999. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. APPROVE and EXECUTE third amendment to the Stormwater Utility Area and Program Group Costs Payment Agreement to extend the expiration date to December 31, 1999 between the Contra Costa County Flood Control and Water Conservation District and the fallowing jurisdictions: Antioch El Cerrito Moraga Pleasant Hill Clayton Hercules Orinda Richmond Concord Lafayette Pinole San Pablo Danville Martinez Pittsburg Sari Ramon .Walnut Creep Coat€reseal on Attachment: .Y SIGNATURE: urnmr-nxTyrr rr rnrrry ADMINI ® RECOMMENDATION OF BOARD COMMITTEE APPROVE �OTHER Sfli.XATET��S:�� J:° ACTION OF BOARD ON X CUST 3, 1999 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct , UNANIMOUS (ABSENT ) copy of an action taken and entered on the minutes AYES: NOES: of the Board of Supervisors on the ABSENT: ABSTAIN; date shown. ATTESTED: AUGUST 3> 1999 PHIL BATCHELOR, Clerk of the Board G:\G-pData\FldCt.\Ibulkele\BO\FCD3rdAmdmt Cost Pay-men'Agt of Supervisors and County Administrator Orig.Div: Public works Flood Control Contact: Linin.Bulkeley—925/313-2238 ec CAGB PW-Accounting By , Deputy SUBJECT: APPROVE TBS AMENDMENT TO THE STORMWATER UTILITY AREA.ANIS PROGRAM GROUP COSTS PAYMENT AGREEMENT TO EXTEND THE EXPIRATION DATE FROM AUGUST 15, 199 TO DECEMBER 31, 1999 PAGE. 2 DATE: AUGUST 3, 1999 116 Financial tns acct: No impact to the General Fund. The Stormwater Utility Area and Program. Group Costs Payment Agreement (Cost Payment Agreement)pertains to the expenditure and administration of the Stormwater Utility assessment. The proposed amendment will have no impact to the expenditure of any revenue types. Iitd teasons for Recorn nendations and Backeround: The Flood Control Distract administers the Stormwater Utility Assessment,the funding source for the Contra Costa Clean Water Program (also Down as NPDES stormwater control activities), for the cities and unincorporated.County area. The Cost Payment Agreement sets forth the responsibilities of cities, County and Flood Control District regarding the collection, administration, distribution, and expenditures of Stormwater Utility Assessment monies. The Cost Payment Agreement was signed by the Flood Control District and each,jurisdiction in 1993 and is expiring August 15, 1999. The parties to the Cost Payment Agreement need additional time to modify and revise the Agreement and allow for individual review by each jurisdiction, as well as the Contra Costa County Cities Attorneys Association.. Adoption of the amendment will extend the expiration date of the Cost Payment Agreement to December 31, 1999. The Centra. Costa Clean Water Program is undergoing modifications required under a new, proposed Joint Municipal NPDES Stormwater Permit with. the San Francisco Bay and Central Valley Regional Nater Quality Control Boards. An extension of the existing Cost Payment agreement will give the cities, County and Flood Control District more time to modify the Cost Payment Agreement to better reflect changes found in the new Joint Municipal NPDES Stormwater Permit. IV. t-onse uences of Negative Action; The Cost payment Agreement will expire and the Flood Control District will be unable to administer the Stormwater Utility Assessment. THIRD AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF ANTIC)CH This THIRD AMENDMENT, entered into on the LL day of " v , 1999, is betNeen the City of Antioch, a municipal corporation of the State of California, hereinafter " IT ", and contra costa bounty 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 CITY entered into on the ` day o e,N�I 93. 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 n odified by this THIRD AMENDMENT and previous amendments, the Agreement shall remain in full force and effect. CONTRA, COSTA COUNTY FLOG® CITE' OF ANTIOCH CONTROL AND WATER.. CONS 'RVATlt DI-SfRICT Y By. / By. ., . n ✓ `' prvior ar/Rooha, Mayor ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of L. Jolene Martin Supervisors and County Administrator City Clerk By: pu9;t$t' B .� Recommended for Approval: Farm Approved: J. Michael Walford William R. Gaistan Chief Engineer City Attorney ..rr<:2'✓"� l,.!�,ty$�, j`�'S, ac.b°w,`v ,.S'r,"-'",'v-.•..., Form Approved Victor J. West1 3 a f County Counsel Deputy RESOLUTION NO. 99/77 RESOLUTION APPROVING AN 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 CITY OF ANTIOCH WHEREAS, the City of Antioch, 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 Cental `alley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal stational Pollutant Discharge Elimination System (NPDES) permit for storrnwater 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 urisdiction; and, WHEREAS, on January 28, 1994, the ventral Valley Regional Water Quality Control Board issued a five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, nineteen (1,9) municipalities approved a "Stormwater Utility Area and Program Group Crests Payment Agreement Between Contra Costa County Flood Control & Water Conservation District (referred to as "Cast Payr. ent 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 , 1993 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 waiting 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. RESOLUTION NO. 99{77 Page 2 NOW, THEREFORE BE IT RESOLVED, THE CITY OF ANTIOCH DOES RESOLVE AS FOLLOWS: 1 Authorize the Mayor to execute the amendment to the Cast Payment Agreement subject to City Attorney'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 the foregoing resolution was adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 13th day of July, 1999 by the following vote: AYES: Council Member Soliz, Davis, Sudario and Mayor Rocha NOES: None ABSENT: Council Member Freitas S !� L. JO NE MARTII'�€, City Clerk (PW 616) ............................ ...................................................................._.......................................... ........................_......_...................................................................................................................._.................................................. ........... .... . . ....... ......... ......... THIRD AMENDMENT TO STORIVWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA. COSTA COUNTY FLOOD CONTROL AND 'CATER CONSERVATION IO DISTRICT AND THE CITY OF CLAYTON This TIMM AMENDMENT, entered into on the 7th day of July, 1999, is between the City of Clayton, a municipal corporation of the State of California, hereinafter "CITE"", and Contra Costa County Flood Control and Fater Conservation District, a body, corporate and politic, hereinafter "DISTRICT". This THIRD AMENDMENT amends the original Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter "Agreement", between DISTRICT AND CITE' € F CLAYTON entered into on the 3rd slay of November 1993 (as amended by the first amendment November 16, 1994, and the second amendment of March 4, 1997) The parties of this TIMID 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 ander Section 12 above, this AGREEMENT shall expire on December 31, 1999. Except as expressly modified by this T11IRD AMENDMENT and previous amendments, the Agreement shall remain in full force and effect. Exhibit A Res. 41-99 CONTRA COSTA COUNTY FLOOD CITYITOWNICOUNTY OF CONTROL AND WATER DIST y. Chair„ B td o(Su 6rs ity1T*wr,/Cra€ar�ty Manager ATTEi+, ATTEST: Phil Batchelor, Clerk of the Board of$upervls City/TownlCounty Cid and County Administrator D pu l ommanded for Approval., Recommended for Approval: J. Michael Walford Chief Engineer Form proved: Forte Approved, Victor J.westman County Counsel C:ty/Town/Coun { f By: Deputy uty G:lGcoDataWPDEMSO_ContracW,T IRD AMENDMENT Cost Pay-doo RESOLUTION NO. 41-99 A RESOLUTION APPROVING AN AMENDMENT TO THE STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEEMNI'BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON WHEREAS,the City of Clayton;in conjunction with the Contra Costa County Flood and.Nater Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central galley Regional Water Quality Control Boards to Participate in the development of a Joint Municipal National Discharge Pollutant Discharge Elimination System r VPDES)permit for Stornnwater discharges; and WHEREAS,on September 15, 1993,the San Francisco Bay Regional Nater Quality control Board issued a five-yeas Joint Municipal, NIPDES permit for public agencies under its iurisdiction; and WHEREAS, on January 28, 1994 the Central Malley 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 payrnent Agreement Between Contra Costa Flood and Water and Conservation. District(referred to as "Cost Payment Agreement")..." and the Cost payment Agreement expires on August 15, 1999; 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 M.unicipal NPDES Permit which is awaiting final approval by the San Francisco Bay and Central Valley Regional Nater Quality control Boards; and WHEREAS, a separate agreement delineating only the activities to be implemented by all participating municipalities entitled "Contra Costa Clean.water Program A.greerr_ent" has been approved collectively by all participating municipalities; and 1 WHEREAS, the "Cost Payment Agreement" needs to be modified and revised and the Contra Costa County Cities/County Attorney Association needs additional time to finalize the revisions and allow for individual municipal review; and WHEREAS,the "Cost Payment Agreement" needs to be extended to December 31, 1999, in order to allow proper review, modification and approval of the revised agreement to occur. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clayton that the City Manager is hereby authorized and instructed to execute the Third Amendment to the Stormwater Utility Area.and Program Group Casts payment Agreement between the Contra Costa Flood Control and'mater Conservation District and the City of Clayton as generally shown on Attached Exhibit "A", wbdch extends the existing Agreement to December 31, 1999, Adapted by the City Council of the City of Clayton at a regular meeting of said Council held on July 6, 1999, by the following vote: AYES: Council Meng-bers Littorno, Manning, Pierces Vice Mayor Paterson, Mayor Laurence INTOES: Mone ABSE'N'T: Done ; y ABSTArN. None r � Mayor ATTEST: Frances Douglas, City Clerk �— I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Clayton at a regular meeting held on July 6, 1999. f Frances Douglas, City Clerk Reso clean water copay ag 2 THIRD AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITYYOF CONCORD This THIRD AMENDMENT, entered into on the 13`h day of July, 1999, is between the City of Concord, a municipal corporation of the State of California, hereinafter "CITY" and Contra Costa County Flood Control and'mater 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 CITY entered into on the 28h day of September, 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 Deceriber 31, 1999. Except as expressly modified by this THIRD AMENDMENT and previous amendments, the Agreement shall remain in full force and effect. CONTRA COSTA COUNTY FLOOD CITY OF CONCORD CONTROL AND WATER CONSE�ATIO Iy T`RICT •� f By: _ward R. Jame air oafcl pf Supervisors City Manager ATTEST: ATTEST: Phil Batchelor, Clem of the Board. of Supervisors and County Administrator Lynnet Reihl, CMC City Clerk By: Deputy By:— Recommended y:Recom ended for Approval: Mardie Traver, CMC Assistant City Clerk J. Michael Walford Chief Engineer Approved as to Form: 140, By r/ z r; Form Approved: By. /V Richard Doyle f _ Victor J. Westman City Attorney County Counsel s` B / Lk;tj r, 1L-- y: Deputy COPY 1 BEFORE THE CITE' COUNCIL, OFT E CITY OF CONCORD COUNTY CIE CONTRA COSTA, STATE OF CALIFORNIA 2 A Resolution Approving an Amendment to the 3 Stor water Utility Area and Program Croup 4 Costs Payment Agreement between Contra Costa County Flood Control and.Mater 5 Conservation District and the City of Concord Resolution 99-83 6 f 7 WHEREAS,the City of Concord, in conjunction with the Contra Costa.County Mood Control i 8 E and'Mater Conservation District and other governmental entities, has been required by the Federal E E 9 Government and the San Francisco Bay and Central Valley regional Nater Quality Control Boards to 10 1 participate in the development and implementation of a Joint Municipal National Pollutant Discharge E 11 Elimination System (NPDES)permit for stornawater discharges; and 12 WHEREAS, on September 15, 1393, the San Francisco Bay regional Water Quality Control 13 Board issued a five-year Joint Municipal NPDES permit for public agencies hander its jurisdiction; and EE :e 14 ! WHEREAS, on January 28, 1994, the Central 'Valley Regional Water Quality Control Board 15 issued a five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and E 16 ? WHEREAS,nineteen (19) municipalities approved a"Stormwater Utility Area and Program E 17 Croup Costs Payment Agreement" with Contra Costa County Flood Control &Mater Conservation 18 District (referred to as Cost Payment Agreernent)99 and each participating municipality delineating ig activities to be taken jointly; and the implementation of stormwater utility assessments; and : E 20 WHEREAS, the first Joint Municipal NPDES Permit expired on August 31, 1998, and the ¢ 21 Cost Payment Agreement expires on August 15, 1999; and I 22 WHEREAS, all twenty (20) municipalities have submitted the necessary application for a a 23 second Joint Municipal NPDES Permit which is awaiting approval by the San Francisco Bay and 24 Central Valley regional mater Quality Control Boards; and 25 ; ff 26 ff 27 fl 28 I ff i : Res.No.99-83 1 e 1 I WHEREAS, a separate agreement delineating only activities to be implemented by all E 2 participating municipalities entitled"Contra Costa dean Nater Program Agreement" has been s 3 approved collectively by all participating municipalities; and 4 WHEREAS,the "Cost Payment Agreement" needs to be modified to accurately reflect only E the implementation of Stormwater Utility Assessments; and 6 WHEREAS, the "Cost Payment Agreement" needs to be extended to December 31, 1999 in 7 order for the proper review, modification and approval of this revised Agreement to take place. 8 NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF CONCORD DOES 9 HEREBY RESOLVE AS FOLLOWS: 10 Section 11. Authorizes the City Manager to execute the amendment (Exhibit IA) to the Cost 11 payment Agreement subject to the City Attorney's approval. 12 Section 22. This resolution shall become effective immediately upon its passage and adoption. 13 1 Section 3. Three (3) certified copies of this resolution shall be immediately forwarded to the 14 t Contra Costa dean.Water Program Manager. ' 1� PASSED AND ADOPTED by the City Council of the Concord on July 13, 1999, by the 16 following vote: 17 AYES: Councilinembers—H.Allen, L.Hoffineister, B. cManigal, M.Peterson, M.Pastrick 18 NOES: Councilmembers - None 19 ABSTAIN: Council .ernbers -None 20 ABSENT: Councilmernbers -None 21 ff 22 ff 23 f! 24 f/ E 25 ff 26 ff c 27 ff f r Res.No.99-83 2 , , i B 1 I HEREBY CERTIFY that the foregoing resolution No. 99-83 was duly and regularly 2 adopted at a regular joint meeting of the City Council and the Redevelopment Agency of the City of 3 Concord on July 13, 1999. 4 , Lynnet K'eihl, CMC City Clerk , 6 € By: e.t ! Mardie'braver, CMC 8 Assistant City Clerk 9 i APPROVED AS TO FORM: ,0 i Z l tt • p .. , 12 Richard Doyle City.attorney 3 Attachment: Exhibit 1A ® Third Amendment to Stormwater Utility Area and Program Groep Costs , 14 Payment Agreement 15 16 17 18 i certify that this IS a true copy€f 19 a document on file in th' ce, 20 Iftnt Via°Cis* SEAL city Conoord,caiffornia 21 22 23 24 e 25 i i 26 r j , 27 i E 28 E c Res.No.99-83 3 i I THIRD AMENDMENT TO STORMWATER UTILITY,AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL A�� ATE CONSERVATION ON CYST RIFT AND THE TOW'S € F DANVIELE This TIS RD AMENDMENT, entered into on the 23RD day of July, 1999, is between the Town of Danville, a municipal corporation of the Stag of California, hereinafter "TONNA N", 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 TOWN entered into on the 14"' 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 retrain in full force and effect. Page I of 2 CONTRA 4s»-$.ASTA COUNTY CITY/TOWN/COUNTY OF FLOOD CONTROL AND WATER CONS"OVA°TIO l T CT W /7 nager C ir, board`if Supervisors '_... Ik' ATTEST: ,A'TTES'T: City Clerk Phil Batchelor, Clerk of the Board >` of Supervisors and County Administrator By: -A By: { t f Deputy Recommended for Approval: Recommended for Approval: City Engineer J. Michael Watford Chief Engineer - Ey: B Form Approved: Form Approved:oved: City Attorney Victor J. Westrnarr , County Counsel By: < -' By:.�.. �.. Deputy Deputy Page 2 of 2 1, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that this is a true and correct copy of Resolution No. 111-39. Marie Sunseri, City Clerk RESOLUTION N O. 111-99 APPROVING AN AMENDMENT TO THE STORMWATER UTILITY AREA AND PROGRAM O P COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT A I1'I`HE TOWN OF DA. Ll WHEREAS, the Town of Danville, in conjunction with the Contra Costa County Flood Control and Fater Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional 'Fater Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES)permit for storrriwater discharges; and WHEREAS,on September 15, 993,the San Francisco Bay Regional Water Quality Control Board issued a five-year .point Municipal NP ES 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 z�IPDES permit for public agencies under its Jurisdiction; and WHEREAS,the cities participating in the.Taint Permit approved a"Stormwater Utility Area and Program Group Casts Payment Agreement"with the Contra Costa County Flood Control & Water Conservation District (the "Cost Payment Agreement") and each participating municipality delineating activities to be taken jointly; and the implementation of storm water roti 1 iter assessments; and WHEREAS, the Cost Payment Agreement expires on August 15, 1999; and WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled"Contra Costa Clean'Fater Program Agreernenf'has beer: approved collectively by all participating municipalities; and WHEREAS, the"Cost Payment Agreement" reeds 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, by the Danville Town Council, that the Town!Manager is hereby a tho ized to execute on behalf of the Town the amendment to the Cost Payment Agreement extending the effective date until December 31, 1999. APPROVED by the Danville Town Council at a, regular- meeting on July 20, 1999, by the fallowing vete: AYES: Arnerich, G eenbert, Doyle, Shimaneky, Waldo NOES: None ARSTA.LNEDa None ABSENT: None T IAAF®R. APPROVED AS TO FORM: ATTEST: r � TY ATTORNEY CITY CLERK PAGE 2 OF RESOLUTION NO. 111-99 THIRD AMENDMENT TO STCRMWATER UTILITY AREA AND PROGRAM CROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ANIS THE CITY OF EL CERRITO This THIRD AMENDMENT, entered into on the 6th day of July s 1999, is between the City of El Cerrito, a municipal corporation of the State of California, a municipal corporation of the State of California, hereinafter "CITY" 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. and Program Croup Cast Payment Agreement, hereinafter "Cost Payment Agreement", Between DISTRICT AND CITY entered into on the 20th day of September, 1993. The parties of this THIRD AMENDMENT mutually agree and promise as follows: The Coast payment 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 Cast Payment Agreement shall remain in full force and effect. RESOLUTION 99-55 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING AN 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 CITY OF EL CERRITO. WHEREAS, the City of EI Cerrito In conjunction with the Contra Costa County Pled Control and Water Conservation District(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 Say Regional Mater Quality 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 Mood Control and Water Conservation District (referred to as "Cost Payment Agreement") and each participating municipality delineating activities to be takers jointly, and the implementation of storrnwater utility assessments; and WHEREAS, the first Joint Municipal NPDES Permit expired on August 31, 1995 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 galley Regional Water Quality Control Boards; and WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa dean 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 remised Agreement to take place. NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of El Cerrito authorizes the City Manager to execute an amendment to the Cost Payment Agreement extending the expiration of the Cost Payment Agreement to December 31, 1999. BE IT FURTHER RESOLVED, that this resolution shall become effective immediately upon its passage and adoption and three certified copies of this resolution shall be Immediately forwarded to the Contra Costa Clean Water Program Manager, I I certify that at a regular meeting on July 6,1999 the City Council of the City of EI Cerrito } passed this Resolution by the following vote: AYES: COUNCIL MEMBERS: Bartke, Damon, Friedman, La Force, Brusatori NOES: COUNCIL MEMBERS: none ABSENT: COUNCIL MEMBERS: None i IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on July 6, 1999. }I /daM. Giddings C` Clerk APPROVED: na M. Brusatori, Mayor A i i 1 t 1, I i r I r - -- -- CONTRA COSTA COUNTY FLOOD CITY OF EL CERRITO ; CONTROL AND WATER CONSERVATION DISTRICT Chrq ` f Sporvlorsity er ATTEST: ATTEST: Phil Batchelder, Clerk of the Board of City Clerk Supervisors and County Administrator drt By: By: Deputy Recommended for Approval: Recommended for Approval: J. Michael Melford City Engineer Chief Engineer . By. V o- Form Approved: Form Approved: Victor J. Westman City Attorney County Counsel Q By: _ _ By: ry f Deputy THIRD AMENDMENT TO STORRMWATER UTILITY AREA. PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AN WATER CONSERVATION DISTRICT AND THE CITY OF HERCULES This THIRD AMENDMENT, entered into on the 131h day of July, 1999 is between the City of Hercules, a municipal corporation of the State of California, hereinafter"CITY", and the Contra Costa Flood Control and Fater Conservation District, a body, corporate and politic, hereinafter "DISTRICT," This THIRD AMENDMENT ar ends the Stor water Utility Area Program Group Cast Payment Agreement, hereinafter"Agreement", Between DISTRICT AND CITY entered into on the 13'h day of July 1999. The Darties of this THIRD AMENDMENT mutually agree and promise as follows: The Agreement is mended 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 farce and effect. CONTRA COSTA COUNTY FLOOD CITE' OF HERCULES CONTROL AND WATER By: � xf ✓ Chof, `ar4' upervisors Triy"Manager ATTEST: ATTEST. Phil Batchelor, Clerk of the Board of supervisors Doreen Mathews and County administrator Deputy Interim City Clerk Recommended for Approval. Recommended for Approval J. Michael Walford -�" City Eng neey/Public Works `hector y� Form Approved: Form Approved: Victor J. Westman Jerry Ramiza County Counsel City attorney i � $ y — a Bya Deputy Deputy RESOLUTION NO.99-59 AUTHORIZING TIME CITY MANAGER TO EXECUTE AN AMENDMENT TO THE STORMWATEB UTILITY AREA ANIS PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL ANIS WATER CONSERVATION DISTRICT AND THE CITY OF HERCULES WHEREAS, the City of Hercules in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been rewired by the Federal Government and the Sar: Francisco Bay and Central Valley Regional Mater Quality Control Boards to participate in the development and implementation of a Joint municipal National Pollutant Discharge Elimination System (NPDES) permit for the 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, WHEREAS, the first Joint municipal NPDES Permit expires on August 31, 1999 and the Costs Payment Agreement expires on August 15, 1999; and, WHEREAS, a_•1 twenty (20) municipalities have submitted the necessary application for the second Joint municipal NPDES Permit which is awaiting approval by the San Francisco Bay and Central Valley Regional Quality Control Boards; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean dater Program Agreement" has been approved collectively by all participating municipalities; 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 that the City Council of the City of Hercules does hereby. authorize the City manager to execute an amendment to the Storm-water Utility Area and Program Group Costs Payment Agreement between the Contra Costa County Flood. Control and Water Conservation District and City of Hercules. The foregoing resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 13th day of July, 1999 by the following vote of the Council: AYES: Blackmon,Maras,Taraya,Watson, Segerberg NOES: None ABSTAIN: None ABSENT: None � Tey`axton Segerber ,mayor ATTEST: ., ` A. N ,, 3 tt yp tom° < � l r`e n mat*- sr t4 n bty.Cler M y. EBWyducurncnts\CWA-RES01 Third Amendment to Storrnwater Utility Area and Program Group Costs Payment Agreement Between Contra Costa County Flood Control and Water Conservation District and the City of Lafayette This Third Amendment, entered into on the 12`}' day of July, 1999, is between the City of Lafayette, a municipal corporation of the State of California, hereinafter"City," and the 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 City entered into on the 27`" day of September, 1993. The parties of this Third Amendment mutually agree and promise as follows: The Agreement is mended by revising Section 14 to read as follows: 14. Agreement Fxpiratlon: 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. CONTRA COSTA COUNTY FLOOD CITY OF A ETT' CONTROL AND WAT C��IS`Fk�.ATlOp , CT By: Steven Falk, My Manager Chair, oq/ f Supervisors Attest: Aust; l:$y. ��� .� -�' ',�'� Susan M, Jusaitis; City Clef By: r y Phil B4helor, Clerk of the Boar of Recommended,-for Approval: Supervisors and County Administrator By: Recommended foi•Appro Tony Coe, y Engineer By. Toro Approved: .1'�ichael IVa card, Chi n eer By: , ' Form Approved: Charle yl. Williams, City Attorney By: ` , Uounty Counsel BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE MA'T'TER OF: Approving an Amendment to the Stormwater Utility Arca ) Resolution.43-99 and.Program Group Costs Payment Agreement ) Between Contra Costa County Flood Control and Water Conservation District("District") ) and the City of Lafayette � WHEREAS, the City of Lafayette, 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 'Mater Quality Control Boards to participate in the development and implementation of a joint Municipal National Pollutant Discharge Elimination System. (NPDES)permit for stonnwater 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"Storrnwater Utility Area and Program Group Costs Payment Agreement Between Contra Costa County Flood Control & Water Conservation District . . ."and each participating municipality(referred to as "Cost Payment Agreement") 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 Cast 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 Progrann 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 Stonnwater 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. Resolution 43-99 Page 1 of 2 NOW, THEREFORE BE IT RESOLVED: 1, Authorize the City Manager to execute the amendment to the Cost Payment Agreement subject to City Attorney'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 dean`mater Program Manager. PASSED AND ADOPTED by the City Council of the City of Lafayette on July 12, 1999, by the following vote. AYES: Councilmembers Groom, Sanson, Strauss , Tatzin & Mayor Horn NOES: Nana ABSENT: None ABSTAIN: None APPROVED: cling Horn, Mayor ATTEST: �. x . COPY Ssan , 3tasaiti ty Clerl€ �° �_' O, J a T FOt Resolution 4399 Page 2 of 2 T HIRD AMENDMENT TO STOR-M`'�i7ATER UTILITY AREA AIN PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER.CONSERVATION DISTRICT AND HE CITY OF MARTENEZ This THI S AMENDMENT, entered into on the � �yv day of � , 1999, is between the City of Martinez, a municipal corporation of the State of California, ereinafter "CITY" and Contra Costa County Mood Control and Water Conservation District,a body, corporate and politic, hereinafter"DISTRICT This THIN A.ME' D E?LT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter"Agreement", between DISTRICT and CITY enteredinto 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: 4dE ' TJION: Unless earlier terminated under Section 12 above,this AGREEI`✓lENT shall expire on December 31, 1999. Except as expressly modified by this THIRD AMENDMENT and previous amendments, the Agreement shall remain in furl farce and effect, CONI TRA COSTA. COUNTY FLOOD CI'T'Y OF MARTINEZ CONTROL AND WATER CONSER�VATION ,§ CT rqfgr J By: �r fair,Boaf°d�of Supervisors City Manager ATTESTm ATTEST: Phil Batchelor, Clerk of the Board of City Clerk Supervisors and County Administrator ------------ q ; ecommended for.Approval; Recommended for Approval. J. Michael W*lford, Chief Engineer City Engineer By. By. �". r , Form Approved. ' Appxoved: Victor J. Westman, County Counsel City A or ey RESOLUTION NO. 095-99 APPROVING A€3 AMENDMENT TO THE STORKWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF MARTINEZ WHEREAS, the City of Martinez in conjunction with the Contra Costa County Flood Control and Water Conservation District (District) and zither governmental entities, has been required by the Federal Government and the Sa.n, 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 fire--gear Joint Municipal NPDES permit for public agencies under its Jurisdiction; and WHEREAS, on January 28, 1994, the Central Valley Regional Fater Quality Control Board issued a five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS, nineteen (19) public agencies approved a "Stormurater Utility Area and Program, Croup Costs Payment Agreement with Contra Costa. County Flood Control and Water Conservation District (referred to as "Cast Payment, Agreement") . . ." and each participating public agency delineating activities to be taken jointly; and, the implementation of stornwater utility assessments; and WHEREAS, the first Joint Municipal NPDES Permit expired on August 31, 1995 and the. Cast Payment Agreement expires on August 15, 1999; and WHEREAS, all twenty (20) public agencies have submitted the necessary appli,cati.on for a. second. Joint Municipal NPDES Permit which is awaiting approval by the San Francisco Day 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 dater Program Agreement" has been approved collectively by all participating municipalities; 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. HEREBY CE 'IPY that this instrument is a true and correct cople of the origina.1 or. f1`#e ir" RICHARD C.. C h d A CLIRRX cilrf' or „ z NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF XARTINEZ DOES HEREBY RESOLVE AS FOLLOWS: 1. Authorize the City Manager to execute the amendment to the Cost Payment Agreement subject to Attorney'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 Dater Program Manager. I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution duly adapted by the City Council of the City of Martinez at a Regular Meeting of said Council held on the 21st day of July, 1999 by the following vote: AYES: Councilmember Lewis, Ross, Woodburn, Vice Mayor Schroder and Mayor Menesini NOES: Done ABSENT: None 0,ir, RICHARD Ce HERNANDEZ, CITE' CLEF, CITY OF MARTINEZ - _ ................................................................................................................................................................................................_........... ......... ......... ......... ......... ........ ......... ......... ................ .............. ......... ......... _ ....................__........_........................................................... _.................. .... .._. ......... ......_.... _ _ _ _ _.. THIRD AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP DOTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND MATER CONSERVATION DISTRICT AND THE TOWN OF MORAGA —1- J� `Chis THIRD AMENDMENT, entered into on the _ Kf?1 day of �Li 4 1999, is between the Town of Moraga, a municipal corporation of the State of alifornia, hereinafter "Town", 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 Dost Payment Agreements hereinafter "Agreement", Between DISTRICT AND TOWN entered into on she _ s day ofI �� 1 X93. 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 cinder 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 farce and effect CONTRA COSTA COUNTY FLOOD TOWN OF MORAGA CONTROL AND WATER CONSERVATION DISTRICT GI<' ir,�& of Supervisors Town Manager ATTEST: ATTEST: ,0,P Lf r</ Pnii Batchelor, Clare of the Beard of Town Clark Supervisors and County Administrator By: By: [deputy Recommended for Approval: Recommended for Approval: J. Michael Waiford Town Engineer Chief Engineer 13 By: Fora Approved. F pprovede Victor J. Westman Town Attorney '611 By: By: Deputy KCAl5.25.99 C:lwp\l 1 47\dmtResaa>utissn-"IeoriWater.dcc JUL1 °€999 BEFORE THE TOWN COUNCIL OF THE TOWN OF.MORAGA In the flatter of. A Resolution Approving An Amendment Resolution No. 24-99 To the Stormwater Utility Area and Program" ) Group Costs Payment Agreement Between � Contra Costa County Flood Control and Water } Conservation District (District) and the Town Of Moraga ) WHEREAS, the Town of Moraga in conjunction with the Contra Costa County Flood Control and Dater Conservation District and other governmental entities, has been required by the Federal Government and the Ban Francisco Bay and Central Valley Regional dater 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 Fater Quality Control Board issued a five-year Joint Municipal NPIDES permit for public agencies under its jurisdiction; and i ' WHEREAS, on January 23, 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, all the County municipalities approved a "Stor€mwater utility Area and Program Group Costs Payment Agreement Between Contra Costa County Flood Control & Water conservation District (referred to as "Cost Payment Agreementt')..o" and each participating municipality delineating activities to be taken jointly; and, the implementation of stcbrmwater utility assessments; and, WHEREAS, the first Joint Municipal NPDES Permit expired on August 31, 1993 and the Cost Payment Agreement expires on August 15, 1999; and, WHEREAS, all 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 1 , Water program Agreement" has been approved collectively by all participant 4 municipalities; 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 Town of Moraga does resolve as follows: 1. Authorize the Town of Moraga Manager to execrate the amendment to the Cost payment Agreement subject to Town of Moraga Attorney's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution be immediately forwarded to the Contra Costa Clean Water program Manager. PASSED AND ADOPTED by the Town of Moraga on duly 7", 1999, by the following vote: AYES Mayor John Connors, Vice Mayor Dennis Cunnane, Councilmember Ron Enzweiler, Councilmember Michael r Majchrzak and Councilmember William Vaughn NOES None ABSTAIN: None i ABSENT: None l � p Joh r. F. Connors,.Mayor Ross O. Hubbard, Town Clerk 1 E 3 THIRD AMENDMENT TO STORM WATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITE' OF ORINDA This THIRD AMENDMENT, entered into on the _ JX� day of 1999 is between the City of Orinda, a municipal corporation of the Mate of California, hereinafter"CITY , and Contra Costa County Flood Control and Mater Conservation District, a body, corporate and politic, hereinafter"DISTRICT". This THIRD AMENDITT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter "AGREEMENT", Between DISTRICT and CITE' entered into on the 28th day of September, 1993. The parties of this TIS 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 farce and effect. CONTRA COSTA COUNTY FLOOD CITY OF OI2INDA CONTROL A-LNrD WATER CON SERVATION DISTRICT f Xhaii- Aoard of Supervisors •City Manager AT'T'EST: AT'T'EST: Phil Batchelor, Clerk of the Board of City Clem Supervisors and County Administrator Deputy Recommended ®r—Approval: Recommended for Approval: J. Michael Walford City Engineer Chief Engineer R f Ey: By - � Form. Approved: Form Approved: Victor J. Westman Linda.Roodhouse County Counsel City Attorney f` By: r eputy r BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of; Approving an Amendment to the ) Stornmwater Utility Area and Program. � Group Costs Payment Agreement } Resolution No. 41-99 Between Contra Costa County Flood Control&Water Conservation District � and the City of Crinda } WHEREAS, the City of Orinda in conjunction with the Contra Costa.County Flood Control and Fater Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Nater Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System.(�"PDES)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 dater Quality Control Beard issued a five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS, nineteen(19)agencies approved a Stor water Utility Area and Program Group Costs Payment Agreements'between Contra Costa County Flood Control &Water Conservation District(referred to as"Cost Payment Agreement") and each participating municipality delineating joint prograin activities and providing for the implementation of stormwater utility assessments; and WHEREAS, the first Joint Municipal?�PDES Permit expired on August 31, 1998 and the Cost Payment Agreement expires on August 15, 1999; and WHEREAS, the nineteen(19) agencies and Contra Costa County 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 Nater 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 Resolution No. 41-99 Pagel of 2 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, that the City Council of the City of Orinda does hereby resolve as follows: 1. The City Manager is authorized to execute the amendment to the Cost Payment Agreement subject to City Attorney's approval as to form. 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. Adopted by the City Council of the City of Orinda at a regular meeting on July 20, 1999 by the following vote: AYES: COUNCILMEMBERS: Hawkins, Tabor, Wheatland, Worth, Abrams NOES: COUNCILMEMBERS: None ABSENT: COUNT CILMEMBERS: None Laura Abrams, Mayor ATTEST: z 'r Mary Ells orth, City Clerk _ f d 4 •£ ;oaf ,' Resolution No. 41-99 Page 2 of 2 ............................... ......... ......... ......... ........ .. ....... ........ ............. ...... . ......... ..... ............. ..... ......... .......... ............. ......... ......... ......... THIRD AMENDMENT TO STORMWATER UTILITY AREA ANIS PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF KINDLE This THIRD AMENDMENT, entered into on the ,��' day of 1999 is between the City of Pinole, a municipal corporation of the at to of California, hereinafter "City" 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 Croup Cost Payment Agreement, hereinafter "Agreement,:, between District and City entered into on the `nth day of September, 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. Contra Costa County Flood Control City of Pinole andater or�se� Atjon District � By:- JL Chair, o d upervisors City Manager � ,Attests Attest; Phil Batchelor, Clerk of the Board of City Clerk Supervisors and County Administrator By; B Deputy el Recommended for Approval Recommended for Approval: J. Michael Walford City Engineer Chie Engineer Form Approved; Farm Approved: Victor J. Westman City Attorney County Counsel B y: BY Deputy Deputy X1PR0GR.WNP0E81AMEN03.WP0 BEFORE THE CITY COUNCIL OF THE CITY OF PINOLE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA In the Matter of Approving an Amendment to the Stormwater utility Area and Program � Group Costs Payment Agreement Between ) RESOLUTION NO, 13999 Contra Costa County Flood Control and Water Conservation District and the City of Pinole WHEREAS, the City of Pinole, 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 Malley Regional Water Quality Control Boards to participate in the development and implementation of a joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for storrnwater 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 23, 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, 1993 and the Cost Payment Agreement expires on August 15, 1999; and, WHEREAS, all twenty (20) municipalities have submitted the necessary X1CINACiNRE30LUTN119991CDUNd LWPDESAGM WPD TIT AMENDMENT TO STORMIWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL, AND WATER CONSERVATION DISTRICT AND THE CITY OF PITTSBURG COUNTY OF CONTRA COSTA This THIRD AMENDMENT, entered into on the � day of �., .t,� 1999, is between the City of Pittsburg, County of Contra Costa, a munici al corporation of the State of the State of California, hereinafter City of Pittsburg, County of Contra Costa, 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 CITY OF PITTSBURG, COUNTY OF CONTRA COSTA entered into on the me Clay of 1990 The parties of this THIRD ALIEN,DMENT mutually agree and promise as follows The Agreement is amended by revising Section 14 to read as fellows: 14. AGREEMENT EXPIRATION: Unless earlier terminated under Section 12 above, this AGREEMENT shall expire on Deemeber 31, 1999. Expect as expressly modified by this THIRD AMENDMENT and previous amendents, the Agreement shall remain in full force and effect. CONTRA COSTA COUNTY FLOOD CITY OF PITTSBURG CONTROL AND WATER COUNTY OF CONTRA COSTA ONSERV— IIO 6 I-RICA` f }y //A�y B `5 Cl airs o � pervisors City P g;'City Manager A I EST: ATTEST: Phil Batchelor, Clerk of the Board of City of Pittsburg, City Clerk Supervisors and County .Administrators By: � ��'��' � f ,< f Deputy r Recommended for Approval. Recommended for Approval: J. Michael Walford City of Pittsburg, City Engineer Chief Engineer f B By: Form Approved; Form Approved: Victor J. Westman City of ttsburg, City .Attorney ' A J.4 By: By: Deputy �, L July 1.2, 1999 CWAWw;N:TY DEVELOPMENT ciy"Y 6f:P:-t si5'w35`o State of California County of Contra Costa City of Pittsburg 1,Kathleen C. Meidinger°,Deputy City Clerk in and for said City Council, City of Pittsburg, County of Contra Costa, State of California, do hereby certify that the hereto attached and foregoing document is a frail,tare and correct copy of City Council Resolution No.99-8879,on file in this office of said City. WITNESS, my hand, and Official Seal this 12' day of July, 1999. Kathleen C. Meidinger Deputy City Clerk BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Approving an Amendment to the Stoarmwater ) Utility Area and Program.Group Costs Payment ) RESOLUTION NO. 99- S S 7 9 Agreement Between the County Flood Control District and to City of Pittsburg � The PITTSBURGCity Council DOES RESOLVE as follows: BACKGROUND WHEREAS, the City of Pittsburg, County of Contra Costa, State of California, in conjunction with the Contra Costs. County Flood Control and. dater Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central 'galley Regional `mater Quality Control Boards to participate in the development and implementation of a Joint Municipal National pollutant Discharge Elimination System (NPDES) permit for storrnwater discharges; and, WHEREAS, the first Joint Municipal NPDES Permit expired on August 31, 1995 and the Cost Payment Agreement expires on August IS, 1999; and, WHEREAS, all twenty (24) 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 'Nater Quality Control Boards; and, WHEREAS, a separate agreement defeating 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 Coast Payment Agreement" needs to be extended to December :31, 1999 in order for he proper review, modification and approval of this revised Agreement to tale place. Page 1 of 2 NOW, THEREFORE, the City Council finds and determines as follows: Sectors 1e The City Manager is hereby authorized and directed to execute the amendment to the Cast Payment Agreement subject to review by the City Attorney. Section 22, This resolution shall become effective immediately upon its passage and adoption.. Section 3. wee (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa Clean`Fater Program Manager. PASSED AND ADOPTED by the City Council of the City of PITTSBURG at a regular meeting on the 6th day of July 1999, by the following vote: AYES:Counc-Ix ew.ber Aye"LI®, Anzin , Lewis , Quesada and Mayor G'Lover NOES: None ABSTAINED: Name ABSENT: done P'e eral D. Gl€"Ver, ':'payor ATTEST: ey Lillian J. Pride, City Clerk Page 2 of 2 Reso e 99-8879 THIRD AMENDMENT TO TOR. AER UTILITY AREA ANIS PROGRAM GROUP COST PAYMENT AGREEMENT BETWEEN THE CONTRA COSTA COUNTY WATER CONSERVATION AND FLOOD CONTROL DISTRICT AND THE CITY OF PLEASANT HILI., This THIRD AIMENDMENT, entered into on the � � day of , "fkr , 1999, is between the municipal of Pleasant Dill, a unicipal corporation.of the Mate of Californiainater referred to a CITY and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic, hereinafter referred to as DISTRICT. This THIRD AMENDMENT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter referred to as AGREEMENT, between City and DISTRICT entered into on the 14th day of December, 1993. The parties of the 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, the AGREEMENT shall expire on December 31, 1999. Except as expressly modified by this THIRD AMENDMENT and previous amendments, the Agreement shall remain in frill force and. effect. CONTRA COSTA COUNTY FLOOD CITE'OF PLEASANT BILL CO TR®L, ND WATER CONSERVATION u------ v_. .7 DISTRI f By Chair, Board of,9" s€ars "Josep M. Tanner, City Hager ATTEST. ATTEST: Phil Batchelor, Clerk of the Board of Boris P. Nielsen Supervisors and County Administrator City Clerk -s Deputy ,... Recommended for Approval. Recommended for Approval: J. Michael Walford Leary B. Chief Engineer ''� City En ' + � s J By: Form Approved: Form Apps ea ` Victor J. Westman Debra S. Margolis County Counsel Ci �rney '✓ Ey: By: Deputy RESOLUTION l4®. 64-as A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING AN AMENDMENT TO THE STORMIWATER UTILITY !"';.REA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PLEASA'N'T .HILL WHEREAS, the Federal Water Pollution Control Act requires that stormwater discharges are to be regulated in urbanized areas by a: National Pollution Discharge Elimination System ( PDES) permit; and WHEREAS, in 1993 the City of Pleasant Hill applied for and received an NPUES permit which requires the implementation of its Stormwater Management Plan to minimize pollutants fi om entering stormwaters; and WHEREAS, in 1993 the Contra Costa County Flood Control and Water Conservation District established a stormwater utility district area at the request of the City of Pleasant Hill to provide funds to implement requirements of the NPUES permit; and WHEREAS, on December 14, 1993 the City entered into an agreement with the Contra Costa County Flood Control and Mater Conservation District which establishes the rights and responsibilities for administering a joint agency program to implement the permitted Storm Water Management Plan and for the use of revenues from the stormwater utility district area; and WHEREAS, the December 14, 1993 agreement is set to expire on. August 14, 1999; and WHEREAS, the terms of a new agreement establishing rights and responsibilities for the continuing use of stormwater utility district area proceeds are currently being negotiated between the City of Pleasant Hill and Contra Costa County Flood Control and Water Conservation District but the negotiations are not expected to be completed by August 14, 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill desires to continue participation in the Contra Costa dean. Water Program and the established Stormwater Utility District area. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Third Amendment to Stormwater Utility Area and Program group cost Payment Agreement Between the Contra Costa Flood County Flood Control and Water Conservation District and the City of Pleasant Hill(attached) on behalf of the City. ADOPTER by the City Council of the City of Pleasant Hill at a regular meeting of said Council held on the 12th day of juiv . 1999 by the following vote: AYES: Brandt, trooper, Escover, tai i I iiil"1` on, ?dace DOES: None ABSENT: None DELOS M. MACE, Mayor ATTEST: DORIS P. N ILSEN, daityy Clerk APPROVED AS TO FORM: RA S. iMARGOLIS, City At mey i VEPPWQTrecll�ON OF FLOM"HU _........................................................... ........................................................................................................................................................... _........ ......... ......... ......... ......... ......... ......... ....... ...._... ............. ........ .......... ....._.... ......... ......... ....._. ...._..... ......... ......... ......... ......... .............................................. _...... _..... _. __.... _... _. ......... ......... .......... ................ ...... ... ...... .._.......... _......... THIRD AMENDMENT TO STORMWA.TER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT.AGREEMENT BETWEEN CONTRA COSTA.COUNTY FLOOD CONTROL AND WATER.CONSERVATION DISTRICT AND THE CITY OF RICID40ND This THIRD A ENDME.-\T, entered into on the _ 28th _ day of my , 1999, is between the City of Richmond, a municipal corporation of the State of California, hereinafter "City", and Contra Costa County Flom.Control and.Nater Conservation District, a body, corporate and politic,hereinafter "DISTRICT". This THIRD AMENDMENT amends the Stormwvater Utility Area Program Croup Cost Payment Agreement,.hereinafter"AGREEMENT",between DISTRICT and.CITY entered into on the - r.b i Ltaeut! day o4"2___.�3,: , 199 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. CONTRA COSTA COUNTY FLOOD CITY OF C , CONTROL AND WATER � ......... j CO3-N-11SER TION STRICT By: Clair,, q d;i5f Supervisors Isiah Turner, City Manager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County tkdministra r � lane Hol , Ylterim City Cleric Deoty Recommended for Approval: Recommended for Approval: J. Michael `4Valford � 1 Chief Engineer � By, By: a Foran Approved: Form Ap ved: Victor J. Westman County Counsel L Malcolm Hunter, City Attorney By' ---� Deputy THIRD AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY of SAN PAELO This THIRD AMENDMENT, entered into on the 23�d day of July, 1999, is between the City of San Pablo, a municipal corporation of the state of California, hereinafter "CITY", and Contra Costa County Flood Control and Meter 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 CITY 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 fellows: 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. it! 1Jf J1J 1/1 1Jt flf JJJ 1J6 JlJ 6J6 CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CITY OF SAN PABLO CONSE ION T I Ey. , ' :; B) Chaff; ' ark f upervisors Rory Lobi on, City Manager ATT T: ATTEST; Phil Batchelor, Cler'.4 of the Board of Supervisors Cenoveva Garcia Calloway and County Administrator City C€erk. -/: Deput Recommended for Approval: RecomffWhded for Appr6vai: J. Michael Wa€ford Adele M. D. bio Chief Engineer - +� Public Works Division Manager By. Ey: Form Approved: Form Approved Victor J. Westman Brian Libow County Counsel City Attorney, By: t 1, ,\a By: ep€�ty VAP"� G:\GrpData\F dCt Ubulkeee\BO\THIRD A€ ENDI ENT Cost Pay.doo 07/8/89 R SDLUT`ON NO, 98 - 03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPROVING PARTICIPATION IN THE CONTRA COSTA CLEAN WATER PROGRAM, DESIGNATING THE CITE' REPRESENTATIVES TO THE PROGRAM COMMITTEES AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFIED JOINT MUNICIPAL NPDES PROGRAM AGREEMENT (1998-2003) AND A COST PAYMENT AGREEMENT. WHEREAS, the Federal Water Pollution Control Act, as amended in 1987, stipulated that discharges of stormwater ren xire permits from the appropriate California Regional Nater Quality Control Boards grader National Pollutant Discharge Elimination Systema (NPDES) regulations-, WHEREAS,the State of California's San Francisco Bay and Central Valley Regional Nater Quality Control Boards mandated that Contra Costa County, seventeen(1 7)of its incorporated cities and the Contra Costa County Flood Control & Mater Conservation District be covered by areawide municipal permits; WHEREAS, the nineteen (19) agencies in Contra Costa County participated in permit application activities and received a Joint Mwnicipal NPDES Perris¢`turn the 5 �'ra cisco Bray and Central "Malley Regional Water Quality Control Boards; WHEREAS, cooperative efforts between the Cities, County and the Flood Control District in the Joint Municipal NPDES Permits have minimized the costs of the Contra Costa County Clear Water Program to all parties, VMEREAS,NPDES Permit CA0029915 (from.the Sara Francisco Bay Region) expires on September 15, 1998 and NPDES Per nit CA0083313 (from. the Central Valley Region) expires January 1, 1999; WHEREAS, all municipalities must file a Report of Waste Discharge wader the NPDES Program in accordance with Title 23, California Code of Regulations, not later than 180 days in advance of such dates as application for reissuance of its Joint Municipal NPDES Permits; WHEREAS,the Central Valley Regional dater Quality Control Board has mandated that the City of Brentwood be covered by the next (second) Joint Municipal NPDES Permit; and WHEREAS, all 'twenty (20) agencies have participated in the development of a modified Program Agreement covering the next .lout Municipal NPDES Permit (1998-2003) delineating Program activities, structure, membership, costs and participation and the success of the application process is dependant on the cooperation of each participating agency. NOW,THEREFORE, BE IT RESOLVED, drat the City Council of the City o` Saar Pablo shall continue to participate in. ItIc tl:e Contra Costa County Clean Water Program and participate in implementation of a reissued Joint Municipal NPDES Permit agreeing to share in Program costs, provide appropriate staff support and provide detailed information necessary to implement the reissued Permit. BE IT FURTHER RESOLVED that the City Managers hereby iwi urizk d -,O CXccCUU: t l4 Contra Costa Clean Water Pro-ram Agreement (1998-2003), as described in Attachment ".,%" and a Cast Payment Agreement, and the funds for the City of San Pablo`s proportionate snare of the group costs for Fiscal Year 1998%99 are hereby approved. BE IT FURTHER RESOLVED tinat the Pub'_ic Worms Division Manager and his/her designee are hereby designated as the City of San Pablo's representatives to the Prograni*s committees. Adopted this 18" clay of May, 1998, by the following vote to wit: AYES: CO�CIL MEMBERS: Vigil, Wysinger, Brown, Gomes, Palimer ES: CC1 CIL MEMBERS: None ABSENT: CO CIL MEMBERS: None ABS'T'AIN: COLTINCIL MEMBERS: Non.- ATTEST, gone.ATTEST: APPROVED: Isl Charllott,-, a ffa d /S/Johnnv F. Amer Charlotte Maggard, City Cleric Johnny F. Palmer, Mayor s.t r a' t °IAUTH11 w. EGO1NIG M uize 15. ?998 THIRD AMENDMENT TO STORMWATER UTILITY A. ANIS A PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA CESTA COI..'1!TY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITE' OF SAN RA.IVIO t This THIRD AMENDMENT, entered into on the � � day of 1999 is between the City of San Ramon, a charter city of the State of California, hereinafter "CI ", and Contra Costa County Mood 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 THE CITY OF SAN RAMONT entered into on the 14th day of September; 1993. The parties of this THIRD AMEND E':�1 T"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. CONTRA COSTA COUNTY FLOOD CI'T'Y OF SAN RAMON CONTROL AND NATER CONT SERVA DN DIST C By: ;�E By: Chair, Bo f S eMsors Herb Moniz, qty t ang er ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors Judy Macfarlane, City Clem. And County Administrator Depu. f Recommended for,Approval: Recommended for Approval: J, Michael,Walford Joye I;ukuda, City Engineer By: . Form.App caved: Foran pproved: Victor J. Westman Bob Saxe, City Attorney By: By: 1� �� t A GAe,8Vnisi99sat ,va e3`damend RESOLUTION NO. 78 A RE-SOLUTION OF THE,CITY COUNCIL OF THE CITY CSP SAN RAMON APPROVING AN AMENDMENT TO THE S'T'ORTMWA'l ER IJ'I`LI`Y AREA AND PROGRAM AM GRCTUP COSTS PAYMENT AGREEMENT BETWEEN CONSTRA. COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT)AND THE CITY OF SAN RAMO WHEREAS,the City of San Ramon,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 ander 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)public agencies 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 expired on August 31, 1998 and the Cost Payment Agreement expires on August 15, 1999; and, WHEREAS,all twenty (20)public agencies 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,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. Page 1 of 2 NOW,THEREFORE BE IT RESOLVED,VED,the City of Sari Damon does resolve as follows; 1. Authorize the City?tanager to execute the amendment to the Cost Payment Agreement subject to City Attorney'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. PASSED AND ADOPTED by the City of San Ramon on July 135 1999 by the following vote. AYES: Councilmembers Hudson, Kinney Raab, Werra and Mayor Athan NOES: ABSTAIN: ABSENT: � BarD. Athan, Mayor I,'—'ST: f� iry��'+ j�'�-yr`�''ep� U dy Maplane5 Cit�j �i✓lertS. °S{71/# #kdtiy �'TLi6 a44YUF xd�.^.Ed'E:f�'.d ..w3 �a:�s r»;�caxawCs cx3 dI`aa �°.sts� .'� t G:en \rvsast99rescc,searnwa3eraztsend "f" '' ia'i'!f 3 ✓.. ,! %j Page 2 of 2 THIRD AMENDMENT TO STORMWAT R UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF WALNUT CREEK This THIRD AMENDMENT, entered into on the A860 --day of ; 1999 between theCity of Walnut Creek, municipal l corporation of tine State of Cal" rni , herein fter"CITY", and Contra Costa (""Ounty Flood Control aid Water Conservation District, a body, corporate and politic, h r in ft r" l T ICT.:' This THIRD,AMENDMENT amends the Stormwater r Utilsty Area Program Group Cost payment hereinafter"Agr ment", between DISTRICT and CITY entered into on the The parties of this THIRD AME-ND` ENT mutually agree and promise as follows: The Agreement is amended by revising Section 14 to read as follows: 14s AGREEMENT EXPIRATION:' Unless earlier terminated under Sanction 12 above, this AGREEMENT shall expire on December 3°I, 1999, Except as expressly modified by this THIRD AMENDMENT and previous amendments, the Agreement shall remain in full force and effect. CONTRA COSTA COUNTY FLOOD CONTROL CITY OF WALNUT CHEEK AND WATER CONSERVATION DISTRICT ter° a: BY, r°d'cf Supervisors on Blubaugh, Citra ger ATTEST: ATTESTS Phil: Batchelor, Clerk of the Board of Barbara M. Rivas Supervisors and County A mint traitor City Clerk v: � Deo I r Recommended for Approval: Recommended for Approval: J. Mic° l W >ford Frank Kennedy Chief Engineer City Engine By: Form Approved-. Farm App awed: s ti r . �A tmAn Thomas Haas v� . � � �} MEnf County Coun1 City Attorne s .Y"�R91V S `. >z y