Tolling Agreement 04-04-16

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110

CITY OF CARMEL-BY-THE-SEA

AGENDA BILL

TO: Honorable Mayor and Members o the City CouncilChip Rerig, City Administrator

FROM: Rob Mullane, AICP, Public Works Director

AB 1110April 4 2016

Consent Calendar

SUBJECT : Authorization o the City Administrator to enter into a new Areas of Special BiologicalSignificance (ASBS)-Compliance Related Tolling Agreement with the State WaterResources Control Board (State Water Board) to extend the period of the TollingAgreement until April 18 , 2018, and authorization of a budget adjustment to cover thelegal costs o the agreement preparation and execution .

AMOUNT OF EXPENDITURE 9,000

AMOUNT BUDGETED 0

APPROPRIATION REQUIRED 9,000

RECOMMENDATION

Adopt a Resolution authorizing the City Administrator to enter into a new Areas of Special BiologicalSignificance {ASBS)-Compliance Related Tolling Agreement with the State Water Resources ControlBoard (State Water Board) to extend the period o the Tolling Agreement until April 18 , 2018 , andauthorizing a budget adjustment to cover the legal costs o the agreement preparation and execution.

SUMMARY

In March 2012 , the State Water Board adopted the ASBS Special Protections Exception that applies toall jurisdictions that discharge into an ASBS. The Special Protections contain prescriptive water qualitymonitoring requirements, which are designed to eliminate all dry weather runoff into an ASBS, toensure that wet weather flows do not alter natural water quality and to ensure that marine life isprotected . The City , along with several neighboring jurisdictions had concerns about the feasibility o

complying with the ASBS Special Protections water quality objectives, and n May 2012, in lieu ofinitiating litigation with the State Water Board, entered into a multi-party tolling agreement, whichallowed for continuing research and efforts towards improving water quality for ASBS designated areas,while still reserving the right for future litigation, i deemed appropriate at some future date . The 2012tolling agreement was effective April 18, 2012, and is included as Attachment 1 . Other entities coveredby the tolling agreement include the cities o Carmel-by -the-Sea, Monterey and Pacific Grove; thecounties o Marin, Monterey and San Mateo ; Stanford University; Monterey Bay Aquarium; PebbleBeach Company; California Department o Parks and Recreation and Department o Transportation;and the National Park Services.

Page 1



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Legal counsel for the Pebble Beach Company, one o the ASBS-affected parties to the April2012tolling agreement, took the lead on the drafting o the tolling agreement and negotiations with the StateWater Board. Other participating jurisdictions, reimbursed the Pebble Beach Company for its legalcounsel on a pro-rata basis.

The duration o the April 2012 tolling agreement was four years, and the parties to the tolling agreementdesire to extend the tolling agreement for an additional two years, to allow for continued efforts at waterquality improvements and further negotiations between the affected ASBS jurisdictions and the StateWater Board. As such, a new tolling agreement has been prepared . The new (April 2016) tollingagreement has been reviewed and approved by the State Water Board, and it is currently beingpresented to each o the jurisdictions that were parties to the prior tolling agreement. This new tollingagreement is being presented for City Council consideration and action (Attachment 2).

Similar to efforts on the original tolling agreement , the legal work in preparing the new tolling agreementand in negotiations with the State Water Board has been conducted by legal counsel for the PebbleBeach Company. The City has benefitted and will continue to benefit from this work, and as such, is

being asked to participate in the funding o these legal costs. The requested pro rata funding amount is

up to 9,000 , and staff is recommending that the Council authorize this expenditure and also authorizea budget amendment to cover this cost. A Resolution has been prepared for these authorizations(Attachment 3).

PRIOR CITY COUNC IL ACTION

The Council authorized the City Administrator to enter into the original tolling agreement with the StateWater Board in April 2012.

ATTACHMENTS

1. Original Tolling Agreement from April 20122 New Tolling Agreement from April 20163 Resolution No .

P P R O V ~ ~ ·Date

hip Rerig, City Administrator

Page 2



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ATTACHMENT 1

TOLLING GREEMENT

This Tolling Agreement ( Agreement ) is entered into by and between the CaliforniaState Water e s o t r r ~ e~ Contr9Laoard S l i i ~}Vater )3oard ) and various s_takeholders who ~ r ~

signatories to the Agreement ( Stakeholders, or , individually, Stakeholder ) and is effective asof April 18 , 2012 (the Effective Date ).

RECIT LS

A. On March 20,2012, the State Water Board adopted Resolution No . 2012 -0012approving exceptions to the California Ocean Plan for selected discharges into Areas of SpecialBiological Significance ( ASBS ), including special protections for beneficial uses, andcertifying a program environmental impact report (collectively, State Water Board s Actions ).

B Stakeholders believe that the State Wate r Board ' s Actions were taken in violationof various federal and state laws and are therefore subject to legal challenge .

C . The State Water Board s Actions include a compliance sched ule of up to six year sfrom the effective date o f he special protections for structural controls identified in certainStakeholders' compliance plans to become operational.

D . Various provisions under both federal and state la w , including but not limited toCode of Civil Procedure section 360.5, provide that parties may extend by written agreement alimitation period, including , but not limited to the limitations periods es tablished in Title 2 ofPa rt 2 of the Code of Civil Procedure .

E To preserve resources, the parties hope to address diffe rences during theimp lementation of the special protections, bu t at the same time the Stakeholders wish to preservetheir rights to file legal challenges to the State Water Board's Actions .

NOW THEREFORE, in consideration of the foregoing recitals and the agreements setforth below, and for other good and valuable con sideration, the receipt and sufficiency of whichare hereby acknowledged, the parties agree as follows:

1 Tolling of Statutes of Limitation . All statutes of limit a tions and any otherapplicable statutory, contractual or common law time limitations or defenses that have not run asof the Effective Date o f this agreement, shall be tolled for an initia l term of four years from theEffective Date with respect to any action including, without limitation, the filing of anyproceeding or claim, however styled, in any court of competent jurisdiction, which anyStakeholder may hereafter assert against the State Water Board challenging the State WaterBoard 's Actions (collectively Claims ), including but not limited to any Claims which mayarise under or have a statute of limitations derived from the Water Code, the Code of CivilProcedure, se ctions 1085 and 1094 .5, the Public Resources Code sect ion 21000 et seq., or theAdministrative Procedures Act (Government Code section 11340 et se q. . The partie s will notargue at any point that this Agreement is ineffective as a matter oflaw .

ASBS Special Protections Tolling Agreement Effective 4-18 -2012



113

2. Reservation o f Other Defenses. The parties agree that the State Water Board isnot waiving any other available affirmative defenses, including but not limited to the defenses of

exhaustion o f administrative remedies and lack of standing .

3 . Termination of Agreement. This Agreement may be terminated by any party bygiving 3 calendar days prior written notice , delivered via personal delivery or overnight mail tothe State Water Board's Chief Counsel or the address o f the appropriate Stakeholder as set forthbelow ( Notice o f Termination ) . The Notice ofTermination shall specify as to which party or

parties it is directed, and a copy of the Notice of Termination shall be sent to all parties for theirinformation. The Notice of Termination will terminate this Agreement only with respect to theparty or parties to which it is directed and the party or parties from which it is given. If aStakeholder or Stakeholders direct a Notice o f Termination to the State Water Board, theAgreement shall remain in full force and effect by and between the State Water Board and anyremaining Stakeholders who have not provided the State Water Board with Notice of

Termination, unless subsequently terminated by the State Water Board or such remainingStakeholders pursuant to this paragraph. As applicable to each party, the Agreement will be

deemed terminated as of 30 calendar days from the date o f delivery o f the Notice o f Termination( Termination Effective Date ). The Agreement will be deemed terminated in its entirety 30calendar days from the date o f delivery of the last Notice of Termination if all signatoryStakeholders have provided a Notice of Termination. The parties or any party will have 3

calendar days following the Termination Effective Date within which to file suit.

4 . Forbearance o f Claims. During the tolling period, a Stakeholder may not file aClaim against the State Water Board until either the Stakeholder's Notice o f Termination periodha s expired, or the State Water Board has deliver ed a Notice o f Termination on the Stakeholder .

5. Counterparts. This Agreement may be executed in counterparts, with the sameforce and effect as i f executed in one complete document , and each signed counterpart shall bedeemed an original. Faxed signatures shall be of the same force and effect as ori ginal signatures.This Agreemen t shall be effective as between the State Water Board, and any person or entitythat has signed the Ag reement as a Stakeholder .

6. No admission . The entry into this Agreement by the parties hereto shall not beconstrued to represent any admission by any party with respect to the subject or sufficiency of

any party ' s claims, any defenses thereto, or the applicability of any specific statute .

7. Notices. Any notices required to be made under this Agreement shall be made inwriting to the address o f he appropriate party as set forth in Exhibit A hereto . Other than aNotice of Termination, all such notices shall be deemed to have been duly given and receivedupon overnight mailing, facsimile, electroni c mail or delivery by courier or personal deliveryservice . If a party delivers a notice by means o f facsimile transmission or ele ctronic mail, t mu stal so send a copy of that notice by one o f the other means specified above . Parties may alter ormodify their notice addre ss by del ivery of written notice pursuant to the terms of this Agreement.

8. Entire Agreement. This Agreement shall constitute the entire agreement of theparties with respect to the subject matter hereof and may not be modified except in a writingsigned by all the parties .

2

ASB S Spe cial Prot ec ti ons To ll in g Ag reem ent Ef fe ctive 4 - 8 -2012



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9. Written Modifications . This Agreement may only be modified by writtenagreement o f all parties .

I0 Authority . The undersigned represent that they have the authority to sign onbehalf of and to bind to this Agreement the parties set forth b elow.

IN WITNESS WHEREOF the parties hereto have executed this Agreement effective asof that fir st date written above.

3

ASBS Spe c ial Protec tion s Toll ing Agre em nt Effective 4-18-201 2



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THE STATE WATeR RESOURCES CONTROL BOARD :

Dated: \C 2 12 Michael AM. Lauffer

Chief Counsel

State Water Resources Control Board

4

ASBS Soecial Protecti o ns Tolline Aereement Effe::ctive 4 18 2012· ··· · · · - -



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PEBBLE BEACH COMPANY:

Dated :~ JJ 12

Mark StilwellExecutive Vice President Real EstatePebble Beach Company

N M ~Mark Stilwell

David StiversExecutive Vice President and Genera l CounselPebble Beach Company

L ~avid Stivers

ASBS Special Protections Tolli ng Agreement Effective 4 - 18-2 12



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NATURAL RESOURCES DEFENSE COUNCIL:

Deled: j12

•

6

ASBS Special Protections Tolling Agreement Effective 4 18 20 12



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SANTA MONIC1\ B YKEEPER :

1 IDated:/l;;tvj i V 2012

r r

Liz Crosson

Executive DirectorSanta Monica Baykeepe r

,.(

Liz r o s ~ o n

7

ASBS Special Protect ions Tolling Agreement Effective 4-18 2012



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COUNTY O SAN MATEO

.. -p.D a t e d ~/ 2012 ames C. Porter P.E.

DirectorDepartment o f Public Works

ASBS Special Protections Tolling Agreement Effective 4-18-2012



120

COUNTY OF MONTEREY:

Dated : / l ~ 2012

APPROVED AS TO FORM

Lew C BaumanCAO

County of Monterey

~e f Assistant County Counsel

SBS Special Protections Tolling Agreement Effective 4-18-2012



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ClTY OF MONfEREY:

Dated : 5·18 · I d .. 2012 Fred MeurerCity ManagerCity o Monterey

t C L_ ~ ~Fred Meurer l


__ - . - - . ·· ; ; : ~



122

CITY OF SAN DIEGO:

Dated: Mal 012 Jan I. GoldsmithCity AttorneyCity o San Diego

By:

Heather L Stroud Deputy City Attorney




123

ITY OF PACIFIC GROVE:

Dated: May 17 2012

David Laredo City Attorney

Thomas FrutcheyCity Manager

City o f Pacific rove

Thomas Frutchey

ASBS Special Protections Tolling Agreement Effective 4 18 2012



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[PARTY TO TOLLING AGREEMENT :

Dated :

__lij_ 7c_01 2 Steve Kinsey President

Marin County Board r S upervisors

·=== kw.....Steve Kinsey ·President oard o f Supervisors

8

AS BS Sp ecia l Pr otect ns Tolling Agreem en t Ef fec t ive 4- 18-2 12



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CITY OF CARMEL BY THE SEA :

Dated : 5 ~ • 2012 Jason StilwellCity Administrator

Approved to Fonn:

ASBS Special Protections Tolling Agreement Effective 4 - 18 -2 12



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Exhibit AContact Infonnation for Parties to Tolling Agreement

State Water Resources Control Board :

Michael A.M. LaufferChief CounselOffice of Chief CounselState Water Resources Control BoardI00 I I Street, 22nd FloorSacramento, CA 95814Telephone: 916) 341 5 8 3

Facsimile: 916) 341-5199Email : MLauffer@waterboards .ca .gov

Pebble Beach Company :

David Stive rsExecutive Vice President and General CounselPebble Beach Company1700 17 Mile DrivePebble Beach, CA 93953Telephone: 831) 622-6453Facsimile : 831) 6 2 5 ~ 8 5 9

Email: [email protected]

Mark StilwellExecutive Vice President , Real EstatePebble Beach CompanyP.O . Box 1767Pebble, Beach, 9 3 9 5 3 ~1767Telephone : 831) 6 2 5 ~ 8 4 4 9

Facsimile: 831) 6 2 5 8 4

Email: stilwelm@pebblebeach .com

Natural Resources Defense Council :

Steve FleischliSenior AttorneyNatural Resources Defense Council1152 15 1

h Street NW , Suite 300

Washington, D.C ., 20005Telephone : 202) 289 -6868Facsimile : 202) 289-1060Email: sflei schli @ n rdc .org




127

Santa Monica Baykeeper :

Liz CrossonExecutive DirectorSanta Monica Baykeeper120 Broadway Suite 105Santa Monica, CA 9040 ITelephone: 31 0 305-9645Facsimile : 31 0 305-7985Email : [email protected]

10

ASBS Special Protections Tolling Agreement Effective 4-18 -2012



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County o San Mateo:

Jomes C Porter

DirectorDepa•tmcnt o Public Works555 County Center. 5 1

h FloorTelephone: 650) 363-4100h1csimilc : 650) 361-8220Email: jporter@smcgov .org

ASBS Special Protections Tolling Agreement Effective 4-18 .20 12



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County of Monterey:

Benny J. Young, DirectorResource Management Agency168 West Alisal Street, 2 d Floor, Salinas, CA 93901Telephone : 831) 755 -4879Facsimile : 831) 755 -5877Email : youngb@co .monter ey.ca .us

ASBS Speci al Pr otec t ions T olling A greement Ef f ec tiv e 4 18-201 2



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City of Monterey:

Fred MeurerCity ManagerCity of Monterey580 Pacific StreetMonterey, CA 93940TeJephone: 831) 646·3760FacsimiJe: 831) 646 · 3793Email: meurer@ci .monterey.ca.us

Christine DaviCity AttorneyCity of MontereyMonterey C 93940Telephone: 831) 646·3915

Facsimile: 831) 3 73·1634Email: [email protected] .ca.us

ASBS Special Protection s Tollin g gr eement Effective 4-18 -2012

~ ~ ~



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City of San Diego:

Heather L StroudDeputy City AttorneyCityofSan Diego12 Third Ave. Suite 11

San Diego CA 921 1

Telephone: 619-533-5872Facsimile: 619-533-5856Email [email protected]




132

City o Pacific Grove:

Thomas FrutcheyCity Manager

City o Pacific Grove300 Forest AvenuePacific Grove, CA 93950Telephone: 831) 648-31 06

Facsimile: 831) 657-9361Email: [email protected]. ca us

and

[email protected] .us

ASBS Special Protections Tolling Agreement Effective 4 -18-20 12



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ATTACHMENT 2

TOLLING GREEMENT

This Tolling Agreement ( Agreement ) is entered into by and between the CaliforniaState Water Resources Control Board ( State Water Board ) and the various stakeholders whoare signatories to this Agreement ( Stakeholders, or each, individually, Stakeholder ) and iseffective as of April 17 2016 (the Effective Date ).

RECIT LS

A. On March 20,2012, the State Water Board adopted Resolution No. 2012-0012approving exceptions to the California Ocean Plan for selected discharges into Areas of SpecialBiological Significance ( ASBS ), including special protections for beneficial uses, andcertifying a program environmental impact report (collectively, State Water Board's Actions ).

B . Stakeholders believe that the State Water Board's Actions were taken in violationof various federal and state laws and are therefore subject to legal challenge.

C . The State Water Board's Actions include a compliance schedule of up to six yearsfrom the effective date of the _pecial protections for structural controls identified in certainStakeholders' compliance plans to become operational.

D . Various provisions under both federal and state law, including but not limited toCode of Civil Procedure section 360.5, provide that parties may extend by written agreement alimitation period, including, but not l imited to the limitations periods established in Title 2 ofPart 2 of the Code of Civil Procedure.

E . To preserve resource s, the parties hope to address differences during theimplementation of the special protections, but at the same time the Stakeholders wish to preservetheir rights to file legal challenges to the State Water Board's Actions .

F . A separate four-year tolling agreement, effective as of April18, 2012 and untilApril 18 2016, was signed by the parties to this Agreement and certain other stakeholders that arenot parties hereto in May, 2012 ( 2012 Agreement ); such 2012 Agreement is independent fromthis Agreement, and its tolling period is unaffected by this Agreement and the tolling periodestablished herein. This Agreement continues tolling all limitations that had been tolled by the2012 Agreement for all Stakeholders that were signatories to the 2012 Agreement and are alsosignatories hereto, such that any limitation that would have run, but for the 2012 Agreement,remains tolled by this Agreement with respect to such Stakeholders.

NOW THEREFORE, in consideration of the foregoing recitals and the agreements setforth below , and for other good and valuable consideration, the receipt and sufficiency of whichare hereby acknowledged, the parties agree as follows:

1. Tolling of Statutes of Limitation. All statutes of limitations and any otherapplicable statutory, contractual or common law time limitations or defenses that have not run asof the Effective Date of this agreement , shall be tolled for a period lasting through April 18 , 2018with respect to any action including, without limitation, the filing of any proceeding or claim,however styled, in any court of competent jurisdiction, which any Stakeholder may hereafterassert against the State Water Board challenging the State Water Board's Actions (collectively

2

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Claims ), including but not limited to any Claims that may arise under or have a statute o flimitations derived from the Water Code, the Code of Civil Procedure, sections 1085 and 1094.5,the Public Resources Code section 21000 et seq., or the Administrative Procedures ActGovernment Code section 11340 et seq. . The parties will not argue at any point that thisAgreement is ineffective as a matter of law .

2. Reservation of Other Defenses. The parties agree that the State Water Board isnot waiving any other available affirmative defenses, including but not limited to the defenses ofexhaustion of administrative remedies and lack of standing.

3 . Termination of Agreement. This Agreement may be terminated by any party bygiving 30 calendar days' prior written notice, delivered via personal delivery or overnight mail tothe State Water Board's Chief Counsel or the address of the appropriate Stakeholder as set forthbelow (such written notice, the Notice of Termination ). The Notice of Termination shallspecify as to which party or parties it is directed, and a copy of the Notice of Termination shall besent to all parties for their information. The Notice of Termination will terminate this Agreementonly with respec t to the party or parties to which it is directed and the party or parties from which

it is given . If a Stakeholder or Stakeholders direct a Notice ofTermination to the State WaterBoard, the Agreement shall remain in full force and effect by and between the State Water Boardand any remaining Stakeholders who have not provided the State Water Board with Notice ofTermination , unless subsequently terminated by the State Water Board or such remainingStakeholders pursuant to this paragraph. As applicable to each party, the Agreement will bedeemed terminated as of 30 calendar days from the date of delivery of the Notice of Termination( Termination Effective Date ) . The Agreement will be deemed terminated in its entirety 30calendar days from the date of delivery of the la st Notice of Termination if all signatoryStakeholder s have provided a Notice of Termination . The parties or any party will have 3calendar days following the Termination Effective Date within which to file suit.

4. Forbearance of Claims. During the tolling period, a Stakeholder may not file aClaim ag ainst the State Water Board until either the Stakeholder's Notice of Termination periodhas expired, or the State Water Board has delivered a Notice of Termination on the Stakeholder .

5. Counterparts. This Agreement may be executed in counterparts, with the sameforce and effect as if executed in one complete document, and each signed counterpart shall bedeemed an original. Faxed signatures shall be of the same force and effect a s original signatures .This Agreement shall be effective as between the State Water Board, and any person or entitythat has signed the Agreement as a Stakeholder .

6 No admission . The entry into this Agreement by the parties hereto shall not beconstrued to represent any admission by any party with respect to the subject or sufficiency ofany party's claims, any defenses thereto, or the applicability of any specific statute .

7Notices . Any notices required to be made under this Agreement shall be made inwriting to the address of the appropriate party as set forth in Exhib it A hereto . Other than a

Notice of Termination, all such notices shall be deemed to have been duly given and receivedupon oyel1)ight mailing, facsimile, electronic mail or delivery by courier or personal deliveryservice . If a party delivers a notice by means of facsimile transmission or electronic mail, it mustalso send a copy of that notice by one of the other means specified above. Parties may alter or

3

ASBS Special Protection s Tolling Agreement Effective 4-17-201 6



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modify their notice address by delivery of written notice pursuant to the terms of this Agreement.

8 Entire Agreement. This Agreement shall constitute the entire agreement of theparties with respect to the subject matter hereof and may not be modified except n a writingsigned by .all the parties.

9. Written Modifications. This Agreement may only be modified by writtenagreement o f all parties.

10 Authority. The undersigned represent that they have the authority to sign on

behalf of, and to bind to this Agreement, the parties set forth oelow.

IN WI INESS WHEREOF, the parties hereto have executed this Agreement, effective as

o f that first date written above.

4

ASBS Special Protections Tolling Agreement Effective 4- 17 -2 16



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THE STATE WATER RESOURCES CONTROL BOARD :

Dated: t \cve.. - \ \ 2016 Michael A M. LaufferChief Counsel




137

PEBBLE BEACH COMPAN Y :

Dated : 2 16-

6

ASBS Special Prote ctions Tolling Agreement Effective 4 17 2016

David StiversExecutive Vice President and General CounselPebble Beach Company

David Stivers



138

COUNTY OF MONTEREY:

Dated: 2016

APPROVED AS TO FORM

CHARLES J. MCKEE County Counsel

by: _

Leslie J. GirardChief Assistant County Counsel

7


Lew C. BaumanCounty Administrative OfficerCounty of Monterey

Lew C Bauman



139

CITY OF MONTEREY:

Dated: __ 2016

Approved to Form:

Christine Davi

City Attorney

8

ASBS Special Protections Tolling Agreement Effective 4 17 2 016

Michael McCarthyCity Manager

Cityo

Monterey

Michael McCarthy



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CITY OF PACIFIC GROVE:

Dated : _ 2016

Approved to Form :

David Laredo

City Attorney

9

ASBS Special Protections Tolling Agreement Effe ctive 4 17 2016

Ben HarveyInterim City Manager

Cityo

Pacific Grove

Ben Harvey



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COUNrY OF MARIN

Dated : j 2016 Steve Kinsey PresidentMarin County Board of Supervisors

Steve Kinsey

Approved to Form :

Ed KiernanInsert Title County Counsel

10

AS B S Special Pr otec tions Tollin g Agreement Effe ctive 4 17 -2 6



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CITY OF CARMEL-BY -THE -SEA:

Dated: - - - - - - - 2016 Michael CalhounInterim City Administrator

Michael Calhoun

Approved to Form:

Donal d G. Freeman City Attorney




143

COUNTY OF SAN MATEO

Dated : _ _ 2016 James C Porter P.E.Director

. Department of Public Works

James C Porter

ASBS Special Protections Tolling Agreement Effective 4-17 -2 16



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Exhibit

Contact Information for Parties to Tolling greement

State Water Resources Control Board:

Michael A. M. LaufferChief CounselOffice of Chief CounselState Water Resources Control Board

1 I Street, 22nd FloorSacramento, CA 95814Telephone: 916) 341-5183Facsimile: 916) 341-5199Email : [email protected]

Pebble Beach Company:

David StiversExecutive Vice President and CAOPebble Beach Company1700 17 Mile DrivePebble Beach, CA 93953Telephone : 831) 622-6453Facsimile: 831) 625-8591Email: [email protected]

County of Monterey:

Lew BaumanChief Administrative Officer168 West Alisal Street, 3 'd FloorSalinas, CA 93901Phone:831-755-5113Email: [email protected] .ca.us

Les Girard

Officeof

County Counsel168 West Ali sal Street, 3 d FloorSalinas, CA 93901Telephone: 831) 755-5365Email : [email protected] .us




145

City o f Monterey:

Michael McCarthyCity ManagerCity of Monterey580 Pacific StreetMonterey, CA 93940Telephone: 831) 646-3760Facsimile: 831) 646-3793Email: mccarthy@monterey .org

Christine DaviCity AttorneyCity of MontereyMonterey, CA 93940

Telephone: 831) 646-3915Facsimile: 831) 373-1634Email: [email protected]

City of Pacific Grove:

Ben HarveyInterim City ManagerCity of Pacific Grove

300 Forest A venuePacific Grove, CA 93950Telephone: 831) 648-3106Facsimile: 831) 657-9361Email: [email protected]

David C. LaredoCity AttorneyCity o f Pacific Grove300 Forest Avenue, 2 FloorPacific Grove, CA 93950

Telephone: 831) 648-3187Facsimile: 831) 657-9361Email: [email protected]

14

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City of Carmel-by-the-Sea:

Michael CalhounInterim City Administrator

City of Carmel-by-the-SeaCarmel-by-the-Sea, CA 93921Telephone: 831) 620-2000Email: [email protected]

Donald G . FreemanCity AttorneyCity of Carmel-by-the-SeaCarmel-by-the-Sea, CA 93921Telephone: 831) 620-2000Email : [email protected]

County of San Mateo:

James C. PorterDirector, Department of Public WorksCounty of San Mateo

County Center, 5th FloorRedwood City, CA 94063Telephone: 650) 363-4100Facsimile: 650) 361-2880

Email: [email protected]

5




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RESOLUTION 2016-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFCARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR

TO ENTER INTO A TOLLING AGREEMENT WITH THESTATE WATER RESOURCES CONTROL BOARD REGARDING COMPLIANCE WITH

THE CITY S ASBS SPECIAL PROTECTIONS REQUIREMENTS AND A BUDGETADJUSTMENT TO COVER THE COSTS OF THE PREPARING THE AGREEMENT

WHEREAS, The City o Carmel-by-the-Sea is a unique coastal community that pridesitself n its environmental resources; and

WHEREAS, the California Ocean Plan prohibits the discharge o both point andnonpoint source waste into Areas o Special Biological Significance (ASBS), unless the State

Water Resources Control Board (SWRCB) grants an exception.

WHEREAS, the State Water Resources Control Board (State Water Board) adoptedthe ASBS Special Protections on March 20, 2012 , containing monitoring requirements withwhich the City o Carmel is required to comply with commencing n the winter o 2012; and

WHEREAS, the City was a party to a multi-jurisdictional tolling agreement with theState Water Board that provided for a four-year period to evaluate the feasibility o meetingthe ASBS Special Protections requirements as set forth by the State Water Board , with thisApril 2012 tolling agreement effective for a four-year period commencing on April18, 2012;and

WHEREAS, the City has participated in the development o a Regional MonitoringProgram designed to efficiently and economically comply with the Special Protectionsrequirements ; and

WHEREAS, while the City continues to take steps to improve storm water quality andcomply with ASBS Special Protections requirements, additional time s needed to determinethe effectiveness and feasibility o water quality improvement measures; and

WHEREAS, a new tolling agreement has been developed by legal counsel for thePebble Beach Company, one o the other signatories to the April 2012 tolling agreement,

with this new agreement extending the tolling agreement to April 2018; and

WHEREAS, a duly-authorized representative o the State Water Board has reviewedand approved the new tolling agreement.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITYOF CARMEL -BY-THE-SEA does hereby :

1 . Authorize the City Administrator to sign a new tolling agreement extending thetolling period to April 2018; and



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2. Amend the FY 2015/16 budget to increase Expenditure Account 76055 (StormWater) by $9,000 and increase Revenue Account 01-31801 (Secured PropertyTaxes) by $9,000.



PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE -SEA this 4

h day o April 2016 by the following roll call vote :

AYES: COUNCIL MEMBERS:

NOES : COUNCIL MEMBERS:

ABSENT : COUNCIL MEMBERS:

SIGNED : ATTEST :

Jason Burnett MAYOR Ashlee Wright City Clerk

Documents

Tolling Agreement 04-04-16