BOS-2026-59 : Adopt Resolution delegating authority to the County Executive, or designee, to negotiate, execute, amend, terminate, and take any and all necessary actions relating to Storm Water Treatment Best Management Practices Operation and Maintenance Agreements between the County and property owners, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2031.
The document is a resolution from the County of Santa Clara's Department of Planning and Development, recommending the delegation of authority to the County Executive or designee for negotiating and managing Storm Water Treatment Best Management Practices Operation and Maintenance Agreements. This delegation is intended to streamline the process for regulated development projects and is set to expire on June 30, 2031. The resolution outlines the fiscal implications, reasons for the recommendation, and the background of previous delegations of authority.
Key points
Delegation of authority to negotiate and manage Storm Water Treatment BMP O&M Agreements.
Authority expires on June 30, 2031.
No impact on the County General Fund; costs are recovered through a Stormwater Treatment fee.
O&M Agreements ensure maintenance of Storm Water BMPs for regulated projects.
Previous delegations of authority have been in place since 2010, with extensions granted at various times.
Limitations
The document does not provide specific details about the Board of Supervisors' votes or decisions.
Unresolved placeholders and references are present, which may affect the completeness of the summary.
Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.
Extracted text preview · 7,036 chars
County of Santa Clara Department of Planning and Development 128972 DATE: June 2, 2026 TO: Board of Supervisors FROM: Jacqueline R. Onciano, Director, Dept. of Planning and Development SUBJECT: Resolution Delegating Authority for Operation and Maintenance Agreements RECOMMENDED ACTION Adopt Resolution delegating authority to the County Executive, or designee, to negotiate, execute, amend, terminate, and take any and all necessary actions relating to Storm Water Treatment Best Management Practices Operation and Maintenance Agreements between the County and property owners, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2031. FISCAL IMPLICATIONS There are no impacts to the County General Fund from the recommended action. The cost associated with creating and processing Storm Water Treatment Best Management Practices (BMPs) Operation and Maintenance (O&M) Agreements are recovered through a Stormwater Treatment fee paid for by the applicant. REASONS FOR RECOMMENDATION The County is subject to National Pollutant Discharge Elimination System (NPDES) Phase I and II...
The source text indicates this attachment appears to be a draft document.
This document is a Storm Water Best Management Practices Operation and Maintenance Agreement between the County of Santa Clara and the property owner. It outlines the responsibilities of the owner to construct, operate, and maintain storm water management facilities in compliance with local and federal regulations. The agreement includes provisions for inspections, modifications, indemnity, and the transfer of obligations upon property transfer. It also specifies that the agreement runs with the land and is binding on successors.
Key points
The agreement is between the County of Santa Clara and the property owner.
The owner must construct and maintain storm water management facilities at their expense.
The County has the right to inspect the facilities and enforce compliance.
The owner indemnifies the County against claims related to the facilities.
Obligations can be transferred to new property owners upon sale.
The agreement includes provisions for amendments and severability.
Limitations
The document contains placeholders for the developer/owner's name, address, and parcel number which are not filled in.
The document appears to be a draft as it contains incomplete sections and placeholders.
Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.
Extracted text preview · 9,398 chars
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: COUNTY OF SANTA CLARA Watershed Protection Division 1553 Berger Drive Bldg 1, 2nd Floor San Jose, CA 95112 EXEMPT FROM RECORDING FEES PURSUANT TO GOVERNMENT CODE §§6103, 27383 SPACE ABOVE THIS LINE FOR RECORDER'S USE COUNTY OF SANTA CLARA STORM WATER BEST MANAGEMENT PRACTICES OPERATION AND MAINTENANCE AGREEMENT Name of Developer/Owner: County Assessor's Parcel Number: Address: Type of Improvements: Type of Treatment BMP(s): THIS STORM WATER BEST MANAGEMENT PRACTICES OPERATION AND MAINTENANCE , and is made by and between AGREEMENT ("AGREEMENT") is dated this ____ day of _____________, ________________________, whose address is ______________________ _ Number ("OWNER"), and the COUNTY OF SANTA CLARA, a political subdivision of the State of California ("COUNTY"). RECITALS This AGREEMENT is made and entered into with reference to the following facts: A. COUNTY is required under the Federal Clean Water Act to obtain a National Pollutant Discharge Elimination System (NPDES) Permit and to implement the Permit. COUNTY is authorized and required to regulate and control the disposition of storm and surface waters as set forth in Division...
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Resolution for Storm Water O&M Agreements Delegation of Authority
The source text indicates this attachment appears to be a draft document.
The Board of Supervisors of Santa Clara County has passed a resolution delegating authority to the County Executive, or designee, to negotiate, execute, amend, and terminate Storm Water Best Management Practices Operation and Maintenance Agreements with property owners. This delegation is effective from July 1, 2026, to June 30, 2031, and is intended to streamline the process by eliminating the need for individual Board execution of these agreements. The agreements will be entered into following approval by County Counsel and the Office of the County Executive.
Key points
Delegation of authority to negotiate, execute, amend, and terminate Storm Water BMPs O&M Agreements.
Effective period for delegation is from July 1, 2026, to June 30, 2031.
Eliminates need for individual execution of agreements by the Board.
Agreements require approval by County Counsel and the Office of the County Executive.
Limitations
The document appears to be a draft as it contains placeholders for the resolution number and the date of passage.
Vote results (AYES, NOES, ABSENT, ABSTAIN) are not filled in.
Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.
Extracted text preview · 3,656 chars
RESOLUTION NO. ----RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA DELEGATING AUTHORITY TO COUNTY EXECUTIVE, OR DESIGNEE, TO NEGOTIATE, EXECUTE, AMEND, TERMINATE, AND TAKE ANY AND ALL NECESSARY ACTIONS RELATING TO STORM WATER TREATMENT BEST MANAGEMENT PRACTICES OPERATION AND MAINTENANCE AGREEMENTS BETWEEN THE COUNTY AND PROPERTY OWNERS WHEREAS, the Board of Supervisors ("Board") adopted Ordinance No. NS-517.74 ("Nonpoint Source Pollution Ordinance") on October 17, 2006, which was subsequently amended on June 25, 2013, to implement requirements set forth in the National Pollutant Discharge Elimination System ("NPDES") Municipal Stormwater Discharge Phase I and II Permits issued to the County and other public agencies; WHEREAS, the Nonpoint Source Pollution Ordinance provides that, before the "issuance of any building or grading permit for a regulated project, the owner(s) of the site shall enter into a formal written Storm Water Best Management Practices ("BMPs") Operation and Maintenance ("O&M") Agreement with the County;" WHEREAS, the development and implementation of an O&M Verification Program ("O&M Program") is required as part of the San Francisco Bay...