HomeMy WebLinkAboutReso 193-00 AlaCoCleanWaterRESOLUTION NO. 193 - 00
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO AGREEMENT
FOR IMPLEMENTATION OF
ALAMEDA COUNTY CLEAN WATER PROGRAM
WHEREAS, the agreement for implementation of the Alameda Countywide Clean Water Program
was approved in 1991 and amended in 1998; and
WHEREAS, the term of agreement is proposed to be extended, the National Pollution Discharge
Elimination System permit is proposed to be re-applied for, and the frequency of reporting is proposed to
be reduced, all as shown in the amendment, Exhibit A attached hereto;
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council hereby approves the
amendment to the Agreement.
PASSED, APPROVED AND ADOPTED this 21~t day of November, 2000.
AYES: Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor
Houston
NOES: None
AB SENT: None
ABSTAIN: None
ATTEST:
K2/G/11-21-00/reso-cleanwater. doc (Item 4.4)
g:\agenmiscXreso amend clean water agrt
Mayor
EXHIBIT A
SECOND AMENDMENT OF AGREEMENT
TO IMPLEMENT THE
ALAMEDA COUNTYWIDE ,CLEAN WATER PROGRAM
RECITALS
Ae
The Agreement to "Implement the Alameda County Urban Runoff Clean Water
Programb' adopted in 1991 provides that the "agreement may be amended from time to
time by written agreement of the Parties' governing bodies representing two-thirds or
more of all allocated votes..."
B,
The following modifications to the Agreement have been identified and approved by the
Program's Management Committee as necessary to extend the term of the Agreement and
to facilitate reapplication by the District for reissuance of a National Pollutant Discharge
Elimination System CNPDES) permit.
NOW, THEREFORE, THE PARTIES AGREE TO THE FOLLOWING MODIFICATIONS
The wording under 6. of the original agreement (page 8) is modified as follows: "This
Agreement shall have a term of six (6) years from the first day of April 1991, subject to
automatic renewal for a five (5) year period in the absence of objection thereto made in
writing by any Party 90 days in advance of the renewal date. This Agreement shall have
an additional term of six (6) years from the first day of April 2002, subject to an
additional automatic renewal for a five (5) year period in the absence of objection thereto
made in writing by any Party 180 days in advance of the renewal date. The participation
of any Party to this Agreement may be terminated by a two-thirds affirmative vote of all
allocated votes in any year in which the funds necessary for its continued involvement are
not appropriated by its legislative body."
The wording under 2.(a) of the original agreement (page 5) is modified as follows:
"Reapplying on behalf of the PARTIES to become co-applicants for a National Pollutant
Discharge Elimination System (NPDES) permit.7,
The wording under 2 (b) of the original agreement (page 5) is modified as follows:
"Preparing draft annual budget and, periodic status reports on Program activities and
expenditure and distributing same to PARTIES at least quartcrly annually."
4. The wording under 3 (a) of the original agreement (page 6) is modified as follows:
"reapply for an NPDES permit as co-applicants with the other Parties."
5. All other terms not specifically amended herein remain unchanged.
~ The First Amendment to Agreement to Implement the Alameda COuntywide Clean Water Program, effective
February, 1998, formally changed the Program's name from the Alameda County Urban Runoff Clean Water
Program to the Alameda Countywide Clean Water Program.
C:\WINDOWS\TEMPN2ndamend.doc
Second Amendment of Agreement
To Implement the Alameda Countywide Clean Water Program
Page 2
IN WITNESS WHEREOF the parties hereto have executed this document, the Second Amendment of
Agreement to Implement the Alameda Countywide Clean Water Program as of the day and year written
below.
ALAMEDA COUNTYWIDE CLEAN WATER
PROGRAM
Representative
CITY OF DUBLIN
ATTEST:
Mayor
City Clerk
APPROVED AS TO FORM:
City Attorney