CC Resolution 12944 - Fourth Amendment to MOA for Implementation of SCVURPPPRESOLUTION NO. 12944
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING
THE CITY MANAGER TO EXECUTE A FOURTH AMENDMENT TO THE
MEMORANDUM OF AGREEMENT (MOA) FOR CONTINUED IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUONFF POLLUTION PREVENTION
PROGRAM (SCVURPPP), AND TO APPOINT THE WEST VALLEY CLEAN WATER
AUTHORITY EXECUTIVE DIRECTOR AS THE VOTING AND PROGRAM
REPRESENTATIVE ON BEHALF OF THE CITY'S PARTICIPATION IN THE SCVURPPP
WHEREAS, in 1999, the City Council authorized the Public Works Director to execute a
Memorandum of Agreement (MOA) to implement the City's participation in the Santa Clara
Valley Urban Runoff Pollution Prevention Program (SCVURPPP), and receive assistance
with orderly and systematic compliance of the area -wide provisions of the National
Pollutant Discharge Elimination System (NPDES) storm water permit; and
WHEREAS, since then, subsequent amendments to the MOA were executed in 2005,
2006, and 2016 — all authorizing continued participation in the SCVURPPP with no
changes apart from the extended term limits set forth in the amendment that would be
terminated one year after expiration of the NPDES permit; and
WHEREAS, in 2018, the City of Campbell, along with the neighboring cities of Saratoga,
Monte Sereno and the Town of Los Gatos, formed the West Valley Clean Water Authority,
a Joint Powers Authority (JPA), to coordinate stormwater management and permit
compliance efforts; and
WHEREAS, since its formation, the JPA's Executive Director has been acting as the
Program Representative on behalf of all four member agencies by way of participation on
the SCVURPPP Management Committee; and
WHEREAS, the City of Campbell has not formally appointed the JPA's Executive Director
as its official Program and Voting representative with authorization to act on the City's
behalf for items issued under the authority of the SCVURPPP; and
WHEREAS, on January 19, 2023, the SCVURPPP's Management Committee
unanimously voted to issue a Fourth Amendment of the MCA to each governing body for
its consideration; and
WHEREAS, the co-permittees have agreed to revise the renewal date for the Agreement
defined as one year from the termination date of the next NPDES Permit; and
WHEREAS, staff requests City Council authorization for the City Manager to execute a
Fourth Amendment to the MOA to extend implementation of the current SCVURPPP
agreement terms, and to formally appoint the Executive Director of the West Valley Clean
Water Authority JPA as the City's Program and Voting representative on behalf of the
City's participation in the Santa Clara Valley Urban Runoff Pollution Prevention Program
(SCVURPPP).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does
hereby authorize the City Manager to execute the Fourth Amendment to the Memorandum
of Agreement (MOA) for the continued implementation of the Santa Clara Valley Urban
Runoff Pollution Prevention Program, extending the Agreement terms to one year after
the termination date of the next NPDES; and appoint the West Valley Clean Water
Authority JPA Executive Director as the Program and Voting representative authorized to
act on the City's behalf for items issued under the authority of the SCVURPPP.
PASSED AND ADOPTED this 7th day of March, 2023, by the following roll call vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Anne Bybee, Mayor
ATTEST:
, 4 k q Cq a,,
Andrea Sanders, City Clerk
FOURTH AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS FOURTH AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM (the "Amendment") is entered into by and
between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of
the State of California ("District"); CITY OF CAMPBELL, a municipal corporation of
the State of California; CITY OF CUPERTINO, a municipal corporation of the State of
California; CITY OF LOS ALTOS, a municipal corporation of the State of California;
TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California;
TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF
MILPITAS, a municipal corporation of the State of California; CITY OF MONTE
SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN
VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a
municipal corporation of the State of California; CITY OF SAN JOSE, a municipal
corporation of the State of California; CITY OF SANTA CLARA, a municipal
corporation of the State of California; CITY OF SARATOGA, a municipal corporation
of the State of California; CITY OF SUNNYVALE, a municipal corporation of the State
of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of
California.
All of the above -mentioned entities are hereinafter collectively referred to as
"Parties" or individually as "Party."
RECITALS
A. The Parties previously entered into that certain Agreement Providing For
Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program
(the "Agreement" or "MOA") pursuant to which the Parties established certain terms and
conditions relating to the implementation and oversight of the Santa Clara Valley Urban
Runoff Pollution Prevention Program (the "Program"), including a cost sharing
allocation, which was appended thereto as Exhibit A. Unless otherwise set forth herein,
all terms shall have the meaning set forth in the Agreement as amended. A copy of the
Agreement inclusive of Exhibit A is attached hereto as Appendix 1. A copy of the
Agreement inclusive of all of its previous amendments is available via the internet at
https:iiscvurppp.01-p-
contcnt/upload5 /'-OI9.'lOiMOA 2016 complctc package DEC 2016.pdt);
B. The Agreement originally provided for a five-year term, which, based on
its execution, was set to conclude on or about March 10, 2005. However, on or about
February 20, 2005, the Parties unanimously entered into a First Amendment to the
Agreement, which extended the term of the Agreement by one additional year;
C. The Parties thereafter unanimously entered into a Second Amendment to
the Agreement, which extended the term of the amended Agreement by "one fiscal year
beyond the termination date of the (then) next NPDES Permit issued to the Parties,
including any administrative extension of the (then) next NPDES Permit's term which
occurred pursuant to the NPDES regulations." The next NPDES permit applicable to the
Parties (and others) was subsequently adopted by the California Regional Water Quality
Control Board, San Francisco Bay Region ("RWQCB SFBR") on October 14, 2009 and
was known as the Municipal Regional Permit ("MRP") because it covered numerous
public agencies in the San Francisco Bay Region in addition to the Parties. The MRP
was then administratively extended until a new NPDES Permit applicable to the Parties
(and the other public entities in the San Francisco Bay Region) was adopted by the
California Regional Water Quality Control Board, San Francisco Bay Region, on
November 19, 2015 ("MRP 2.0"). MRP 2.0 became effective on January 1, 2016 and
was originally scheduled to terminate on December 31, 2020;
D. The Parties thereafter unanimously entered into a Third Amendment to the
Agreement, which once again extended the term of the amended Agreement by "one
fiscal year beyond the termination date of the next NPDES Permit issued to the Parties,
including any administrative extension of the next NPDES Permit's term which occurred
pursuant to the NPDES regulations." MRP 2.0 was then administratively extended,
largely due to the COVID-19 pandemic, until a new NPDES Permit applicable to the
Parties (and the other public entities in the San Francisco Bay Region) was adopted by
the California Regional Water Quality Control Board, San Francisco Bay Region, on
May 11, 2022 ("MRP 3.0"). MRP 3.0 became effective on July 1, 2022 and is currently
scheduled to terminate on June 30, 2027 unless administratively extended;
E. The Parties expect to utilize the Program to continue to represent their
interests relative to MRP 3.0 (including with respect to an administrative appeal of its
adoption that the State Water Resources Control Board is considering to pursue on its
own motion), to help them effectuate certain aspects of compliance with MRP 3.0, and,
beyond that, in negotiating the terms of a further renewed NPDES Permit when MRP 3.0
nears the end of its anticipated five-year term and any administrative extension provided
thereto;
F. The Parties also expect to continue to utilize the Program's preferred
approach of achieving consensus to resolve issues and reach decisions, and to rely on the
Majority Vote mechanism set forth in Section 2.08 of the Agreement at the Management
Committee level only when consensus -based resolutions appear or become elusive;
G. The Parties now desire to update the Agreement as previously amended
and further extend the term of the MOA as set forth below;
H. Section 7.02 of the MOA provides that it may be amended by the
unanimous written agreement of the Parties and that all Parties agree to bring any
proposed amendments to their Council or Board, as applicable, within three (3) months
following acceptance by the Management Committee; and
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I. The Program's Management Committee accepted this Amendment for
referral to the Parties' Councils and/or Boards at its meeting on January 19, 2023.
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS
FOLLOWS:
1. Recognition of Current Permit. Recital F of the Agreement, as previously
amended, is hereby further amended by the addition of the following subsections:
6. Order No. R2-2009-0074 (the Municipal Regional Permit, NPDES
Permit CAS612008); adopted October 14, 2009 and amended by the
RWQCB SFBR on November 28, 2011;
7. Order No. R2-2015-0049 (MRP 2.0, NPDES Permit CAS612008);
adopted by the RWQCB SFBR on November 19, 2015;
8. Order No. R2-2022-0018 (MRP 3.0, NPDES Permit CAS612008);
adopted by the RWQCB SFBR on May 11, 2022.
2. Extension of Term of Agreement. Sections 6.02 and 6.02.01 of the
Agreement, as previously amended, are hereby replaced as follows:
This Agreement shall have a term extending one fiscal year
beyond the date of termination of MRP 3.0; such termination
date shall, however, be deemed to include any administrative
extension of MRP 3.0 which occurs or arises pursuant to the
NPDES regulations or any modification of the MRP 3.0
termination date that arises from an NPDES permitting action
undertaken by the RWQCB SFBR or California State Water
Resources Control Board.
3. Superseding Effect. This Fourth Amendment of the Agreement shall
supplement all prior amendments of the Agreement and supersede any conflicting
provisions of the prior amendments of the Agreement.
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IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment effective
as of the last date indicated below or April 19, 2023, whichever arises earlier.
City of Campbell: By:
Name:
Title:
Date:
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