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HomeMy WebLinkAboutReso 61-1993__ RESOLUTION NO. 61-93 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AMENDMENT NO. 3 TO THE JOINT POWERS AGREEMENT ESTABLISHING THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS WHEREAS, on November 14, 1990, the City Council adopted Resolution No. 164-90 authorizing the execution of a Joint Powers Agreement establishing the City/County Association of Governments; and WHEREAS, the California Regional Water Quality Control Board has required San Mateo County and all its cities to develop and implement a stormwater management program to comply with State and Federal regulations; and WHEREAS, pursuant to Resolution No. 151-92 adopted November 18, 1992 the City, together with all other agencies joined to submit a NPDES permit application as the first step in the development of a stormwater management program; and WHEiREAS, since November 18, 1992 the Regional Board staff has reviewed the draft Stormwater Management Plan and the Final Plan is nearly ready for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby approve the attached Amendment No. 3 to the Joint Powers Agreement amending the establishment of the City/County Association of Governments and the Mayor is hereby authorized to execute the Amendment on behalf of the City Council. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 26th day of May , 1993 by the following vote. AYES: Councilmembers Joseph A. Fernekes, and Mayor Roberta Cerri Teglia NOES: ABSTAIN: ABSENT: Councilmember Jack Drago Councilmember Robert Yee Councilmember John R. Penna EXHIBIT TO RESOLUTION NO. 61-93 AMENDMENT NO. 3 TO JOINT POWERS AGREEMENT ESTABLISHING THE CITY/COUNTY ASSOCIATION OF GOVERNN~_ .NTS TIES IS AMENDMENT NO. 3 to the Joint Powers Agreement Establishing the City/County Association of Governments and is made in light of the following recitals: A. The COUNTY OF SAN MATEO ("County") and 19 cities within the County ("Cities") previously entered into a Joint Powers Agreement Establishing the City/County Association of Governments ("the loint Powers Agreement"). B. County and Cities desire to amend the Joint Powers Agreement to authorize the City/Coun.y Association of Governments to prepare and submit an application for a NPDES permit ant to perform other activities in connection with NPDES program; NOW, THEREFORE, COUNTY AND CITIES AGREE as follows: 1. Section 21 is added to the Joint Powers Agreement to read: "21. Storm Water Discharge Plan and Permit. The City/County Association of Governments shall assume responsibility for the following activities under the National Pollutant Discharge Elimination System (NPDES) Program (40 CFR 122):. (a) Ratify submission of a county-wide storm water discharge permit application and accept permit on behalf of the County and Cities in the County, as co-permitees. (b) Prepare preliminary draft and final draft storm water management plan describing existing activities the County and Cities are conducting to help minimize the discharge of pollutants to storm water, describing new pollution measures that will be undertaken during the initial five year period of the NPDES permit, and containing other matters C/CAG determines are necessary or desirable. (c) Identify and recommend alternatives for implementation of a revenue program. (d) Enter into contracts with the County, the Cities, the County Flood Control District, and other entities t'o implement the revenue program and the storm water management plan. (e) Perform additional county-wide activities in connection with the NPDES program as set forth in the storm water management plan approved by or as directed by the Board of Directors. (f) Provide coordination and overall management of the NPDES program and advice to the County and the Cities on implementation. The ~ounty and each City shall be solely responsible for complying with NPDES permit conditions and all federal, state, and local laws and regulations, relating to discharges from the storm sewers in its jurisdiction and under its control. The County and each City shall defend, indemnify, and hold harmless every other party to this agreement, and its officers and employees, from all claims, suits, actions, fines, penalties, damages, or liability of every name, kind, and description arising in any way out of the negligent or intentional acts of that County or City in complying or failing to comply with NPDES permit conditions, and all federal, state, and local regulations applicable to that County or City. 2. All other provisions of the Joint Powers Agreement shall remain in full force and effect. 3. This amendment shall be effective upon execution by a majority of the members representing a majority of the population. IN WITNF_~S WHEREOF, the parties, by their duly authorized representatives, have affixed their hands on the dates indicated below. 3 l/ccagres3 3/23/93