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AgdaPkt 2009-11-09
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AgdaPkt 2009-11-09
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Last modified
11/18/2009 12:04:15 PM
Creation date
11/5/2009 3:30:58 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
11/9/2009
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<br />78 <br />. Option 2: Submit a customized stand-alone Petition for Review using selectecPage 2 <br />language from the model petition; supplemented with agency-specific information, <br />arguments, and points and authorities; and filing and serving the document <br /> <br />. Option 3: Coordinate with other Bay Area municipalities, submitting a joint Petition for <br />Review that will reflect the content of the model petition modified to Ijst the all <br />municipalities and each of their authorized contact persons <br /> <br />A task force of the NPDES Technical Advisory Committee (T AC) for the Countywide <br />Program recommended the filing of an appeal. C/CAG will be considering filing a <br />defensive appeal on behalf of all 21 jurisdictions to ensure municipal arguments are <br />considered in the appeal process. C/CAG can withdraw its appeal, if no others file. At <br />least one appeal by a non-governmental organization (NGO) is expected and the City of <br />San Jose is likely to file as well. C/CAG has approximately $75,000 in its budget to <br />support appeals and lawsuits; and, it will cover the legal cost of this appeal. <br /> <br />It should be noted that the filing of this appeal does not address the onerous issue of <br />State imposed unfunded mandates. C/CAG advises that agencies will need to file a <br />case with the Commission on State Mandates within the next year to address this issue. <br /> <br />ALTERNATIVES <br />The City Council could opt not to file an appeal of the MRP; however, if other agencies, <br />particularly NGOs file, issues that affect the City of Redwood City will not be heard <br />during the appeal process. <br /> <br />FISCAL IMPACT <br />There is no fiscal impact to the City resulting from the adoption of this motion. <br /> <br />/l1{UJ <br /> <br />Marilyn Hara <br />Public Works Superintendent <br /> <br /> <br /> <br />Peter C. Ingram ~ - ./ <br />City Manager ~ <br /> <br />ATTACHMENTS <br />Model Petition for Review of MRP <br /> <br />RELATED DOCUMENTS IN CITY CLERK'S OFFICE <br />None <br />
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