11. Approval of 2nd Amendment
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Summary
AGENDA ITEM
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AGENDA DATE January 17. 2006
SUBJECT AND ISSUE
Approval of the Second Amendment to the Agreement Providing for Implementation of the
Santa Clara Valley Urban Runoff Pollution Prevention Program.
BACKGROUND
In April 1990, the City Council approved an Agreement providing for the Implementation of the
Santa Clara Valley Nonpoint Source Pollution Control Program (program). This Agreement
joined Cupertino, thirteen cities in Santa Clara County, Santa Clara County and the Santa Clara
Valley Water District together as "Co-permittees." The Agreement allowed these entities to
jointly apply for, and implement their National Pollution Discharge Elimination System
(NPDES) storm water permits and area-wide programs including cohesive program planning,
water quality monitoring, and outreach and education programs. In June 1990, the San Francisco
Bay Regional Water Quality Control Board (SFBRWQCB) issued its first NPDES permit to the
Program. The permit was reissued in 1995 and again in 2001. In 1999, a revised Memorandum
of Agreement changed the name of the Program to the Santa Clara Valley Urban Runoff
Pollution Prevention Program (SCVURPPP) and was approved by the City Council to allow the
City to once again apply for a joint NPDES permit with other co-permittees. The term of that
Agreement was five years and expected to expire in March, 2005.
In December 2004, staff brought to the City Council a First Amendment to the Agreement
Providing for Implementation ofthe Santa Clara Valley Urban Runoff Pollution Prevention
Program and extending the term of the Agreement on an ongoing basis. That amendment was
approved by the City Council as well as thirteen other jurisdictions that comprise SCVURPPP.
In Feb. 2005, the Santa Clara Valley Water District, the remaining fifteenth jurisdiction, rejected
the amendment. The District had been affected by the State revenue takeaways and had
requested that their funding of30% of the Program be reduced. The District also wished to
review the program in detail. At a meeting of the Santa Clara County/Cities Managers'
Association in early February, 2005, the city managers and Stan Williams, CEO of the Santa
Clara Valley Water District, came to an agreement to submit for approval by their governing
boards an amendment to the MOA that would extend the term for one year and require the
evaluation of the cost allocation formula and the term, scope and cost ofthe Program's MOA.
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Printed on Recycled Paper
The Association submitted a letter to the District Board, requesting the Board's consideration of
such an amendment, following its rejection of the previously proposed amendment. On March 1,
2005, City Council approved the modified First Amendment with a one-year extension.
The Program hired an independent contractor to conduct the management and cost allocation
review, which was completed and submitted to the Management Committee in November 2005.
The Second Amendment as proposed indicates that the SCVWD has agreed to continue their
30% contribution by using additional funding sources from the voter-adopted Clean Safe Creeks
program. The cost allocation formula shall remain the same as in the prior MOA. Other minor
changes to the Agreement include new language reflecting the District withdrawing as the
ContractinglFiscal Agent and having the City of Sunnyvale selected in that position. The term of
the Agreement shaH change to extend one fiscal year beyond the date ofthe next NPDES Permit
issued to SCVURPPP. SCVURPPP is currently in the midst of negotiating the terms of a
renewed NPDES Permit, which may manifest itself in a Municipal Regional Permit in 2006. The
Second Amendment of the Agreement will supersede and replace the First Amendment of the
Agreement.
FISCAL IMPACT
This action will obligate the City for the Cupertino share, as per the original agreement in the
amount of$88,364, which is budgeted in the approved FY 2005-2006 Public Works Operating
Budget, Account No. 230-8004-7014.
RECOMMENDATION
Staff recommends that the City Council Adopt Resolution No. 06- O;U , authorizing the City
Manager to execute the Second Amendment to the Agreement Providing for Implementation of
the Santa Clara Valley Urban Runoff Pollution Prevention Program.
Submitted by:
Approved for submission:
Ralph A. Qualls, Jr.
Director of Public Works
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David W. Knapp
City Manager
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RESOLUTION NO. 06-022
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO
THE AGREEMENT BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT, CITY
OF CAMPBELL, CITY OF CUPERTINO, CITY OF LOS ALTOS, TOWN OF LOS ALTOS
HILLS, TOWN OF LOS GATOS, CITY OF MILPITAS, CITY OF MONTE SERENO, CITY
OF MOUNTAIN VIEW, CITY OF PALO ALTO, CITY OF SAN JOSE, CITY OF SANTA
CLARA, CITY OF SARA TOGA, CITY OF SUNNYVALE AND COUNTY OF SANTA
CLARA PROVIDING FOR IMPLEMENT A TION OF THE SANTA CLARA VALLEY
URBAN RUNOFF POLLUTION PREVENTION PROGRAM
All ofthe above-mentioned entities are hereinafter collectively referred to as "Parties".
WHEREAS, there has been presented to the City Council the "Second Amendment to the
Agreement Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution
Prevention Program", between the "Parties"; and
WHEREAS, the Second Amendment will provide for continued city participation in the
Santa Clara Valley Urban Runoff Pollution Prevention Program to ensure the continued
systematic and orderly compliance with permit requirements, increase Program performance and
promote efficiency, and low cost-share savings for a term extending one year beyond the date of
the next NPDES Permit issued to the Parties; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino
hereby authorizes the City Manager to execute the "Second Amendment to the Agreement
Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention
Program", and authorize the City Manager to execute the Agreement on behalf of the City of
Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of January, 2006, by the following vote:
Vote Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
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